Extensions of Remarks E999 EXTENSIONS of REMARKS

May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E999 EXTENSIONS OF REMARKS

REMARKS AT THE NCWO RALLY across this country to read No Blacks Al- York State Conspicuous Service Medal, the IN AUGUSTA, GEORGIA ‘‘EQUAL- lowed! State’s equivalent of the Legion of Merit, and ITY AND PROGRESS’ BY RAMONA This rally is bigger than women being per- Armed Forces Reserve Medal (Second mitted to join a boy’s golf club. This rally is WRIGHT, 3RD VICE CHAIR, NA- about equality and progress! equality and award). These awards display how valuable TIONAL CONGRESS OF BLACK progress! and dedicated Laurence was to his units and WOMEN In 1735, the city of Augusta was named in country. the honor of Princess Augusta—a woman. While serving his country, Laurence kept a In the mid 1800s, Augusta had a population busy private life. He helped Veterans get ben- HON. CAROLYN B. MALONEY of almost 12,500, one of the 102 cities in the OF NEW YORK efits and records and recruited many members U.S. to have more than 10,000 residents. As for veterans’ organizations. He also was a IN THE HOUSE OF REPRESENTATIVES the second largest city in Georgia during the founding member of the Statue of Liberty Tuesday, May 20, 2003 19th century, its investment of a million dol- lars in the manufacturing industry topped Chapter of the United States Army Warrant Mrs. MALONEY. Mr. Speaker, as you know, that of any other town or state in the U.S. Officers Association. Laurence was a member I have previously introduced legislation to end Moving on to the early 20th century, Au- of many organizations including the American discrimination against women by private clubs gusta had begun developing one of the finest Legion, National Guard Association of the that conduct significant business activities. On medical centers in the southeast region. United States, and the New York State Military April 12, 2003, I attended the event sponsored And, of course, in the 1930s Augusta became Heritage Institute. by the National Council of Women’s Organiza- home to the Masters, its world-renowned golf I congratulate Laurence on his 42 years of tournament. In the latter part of the past tions at the Masters Golf Tournament to pro- century, Augusta was on its way to service to our country and applaud his contin- test the discrimination against women as transitioning into an urban industrial cen- ued devotion to help others. His dedication to members by Augusta National Golf Club in ter. our country is a model for all. Thank you on Augusta, Georgia. I would like to submit for Therefore, in a town that has progressed so behalf of the people of the Fourth Congres- the record the remarks of Ms. Ramona Wright, significantly over the last 200 years, why, sional District and others who benefited from Third Vice Chair of the National Congress of when we, as a nation and here in Augusta as your hard work and dedication. Black Women, which she made on that day. a community should have learned from our sexist and discriminatory past, do we sup- f ‘‘EQUALITY AND PROGRESS’’ port a tradition of exclusion? Saturday April 12, 2003, Augusta, Georgia MICROENTERPRISE FOR SELF-RE- Today, in the 21st century, the Augusta LIANCE ACT OF 2000 AND FOR- [By Ramona Wright, Third Vice Chair, National Golf Club has an opportunity to National Congress of Black Women] break its sexist and exclusionary tradition EIGN ASSISTANCE ACT OF 1961 AMENDMENTS Good afternoon. by permitting women to join. This action My name is Ramona Wright, and I am here would be one of great courage and leader- on behalf of the National Congress of Black ship, an example to the nation and abroad SPEECH OF Women. Though our Chairwoman, Dr. C. that Augusta’s rich tradition of progress in- HON. RAHM EMANUEL Delores Tucker, could not be present, she cludes equality for all. sends warm regards. The NCBW came to this Stay encouraged and God bless! OF ILLINOIS rally to support our sisters of the NCWO and f IN THE HOUSE OF REPRESENTATIVES their efforts to open up the membership of Wednesday, May 14, 2003 the powerful Augusta National Golf Club to HONORING CHIEF WARRANT women golfers as members. OFFICER LAURENCE C. ADAMS Mr. EMANUEL. Mr. Speaker, I rise in strong The NCWO is a strong supporter of the Na- support of H.R. 192, ‘‘The Microenterprise for tional Congress of Black Women’s crusade to Self-Reliance Act of 2000,’’ which would help have Sojourner Truth added to the Women’s HON. CAROLYN McCARTHY OF NEW YORK the poorest people, in the most impoverished Suffrage Statue in the Rotunda of the Cap- countries, achieve self-sufficiency and enjoy itol. It is for their support and because the IN THE HOUSE OF REPRESENTATIVES an improved quality of life through borrowing NCBW strongly opposes discrimination Tuesday, May 20, 2003 against women on all levels that we are here small loans in amounts as low as $100 million, today. Mrs. MCCARTHY of New York. Mr. Speak- to start up or expand small businesses. We are here today, we, members of the er, I rise in recognition of Chief Warrant Offi- Microenterprise loans are among the most NCBW, NCWO, and allies who support equal- cer Laurence C. Adams, a well-respected effective foreign investments our Nation can ity, to denounce the sexist membership pol- leader in the Army National Guard who re- make. This important legislation promotes op- icy of the Augusta National Golf Club. cently announced his retirement. In his 42 portunity and free enterprise for millions of It cannot stand! It is a new day and a new time, which is years of service, Laurence was a leading poor families around the world. A typical re- long over due. Wouldn’t you agree? voice in the Army National Guard. cipient of a micro loan is a mother with two or In 1990, less than 15 years ago, the Augusta He joined the New York Army National more children who lives in a developing coun- National Golf Club finally began admitting Guard in 1961. After serving nearly 30 years try and uses the money for a small capital in- African American men. This means that be- in the National Guard, he spent more than vestment. Womens’ Enews recounts the suc- fore this time a young exceptional golfer seven years in the U.S. Army Reserve Control cess story of 33-year-old Maria Elba Contreras (who happens to be male and a minority and Group. The next three years Laurence served Lopez of Huatabampo, Mexico: who, in 1997, broke the Tournament’s four- as an infantryman in the Regular Army. His ‘‘Contreras Lopez invested her first loan of day scoring record that had stood for 32 1,000 pesos (less than $100) into a gas stove to years) won his fourth consecutive profes- last year of service was spent in the Vermont make tortillas. Two years and another loan sional major in 2001 and, in 2002, became only Army National Guard. Throughout his 42 later, she has enlisted her husband’s help and the third player to win consecutive Masters years, Laurence served a variety of roles tripled the family’s income.’’ titles, could not, I repeat, could not have en- ranging from acting surgeon to platoon ser- tered in through the gates of the Augusta geant to fire marshall. His assignments are too Stories like Maria’s abound. Small infusions National Golf Club. many to name. of cash around the world transform despair It is shameful in this day and age, The New During his tenure, Laurence served in nine into hope, dejection into optimism and subsist- Millennium, that sexism yet exists—that New York State Emergency Operations, which ence into prosperity. Families that regularly less than 15 years ago, minority golfers like experienced infant mortality, untreated ill- Tiger Woods may not have been permitted to included the World Trade Center terrorist at- join the Augusta National Golf Club due to tack. Like his colleagues, he displayed the nesses and malnutrition through no fault of its discriminatory practices. bravery we take for granted. their own can now glimpse a higher standard It is not OK for a sign to read No Girls Al- Laurence’s honors and awards are many. of living. As each family benefits, so does lowed, just as it was never OK for signs all They include the Army Service Ribbon, New each community. The microenterprise program

∑ 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 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.001 E21PT1 E1000 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 opens the doors of the global economy to the has united people in its celebration of the style. He is thinking about joining the local po- poorest villages in the most remote locations many contributions Turkish Americans have lice force, which would allow him to continue where entrepreneurial creativity and hard work made to the history and diversity of New York to help others. become bankable assets. City, and our great country. I congratulate Richard on his 20 years of As the story of Contreras Lopez indicates, Since its conception, The Federation of service to our country and applaud his contin- devoting greater resources to effective human- Turkish American Associations, which hosts ued devotion to help others. His dedication to itarian programs like microenterprise yields the parade, has successfully established a our country and his family is a model for all. hope and empowerment to the world’s poorest vital link between the Turkish and American Thank you on behalf of the people of the 4th people and demonstrates that the United communities. The Federation has evolved with Congressional District and others who bene- States is committed to spreading the rewards the changing times and has expanded in size, fited from your hard work and dedication. that can proliferate in a free-enterprise system. membership and purpose. f I firmly support expanding the reach of the The parade is a culmination of the month Microenterprise for Self-Reliance Act of 2000 long Turkish Culture Festival. Americans of all COMMEMORATING THE 20TH ANNI- as a proven method of improving the lives of heritages will be treated to lavish floats, men VERSARY OF THE ORPHAN DRUG families and communities across the world, women and children dressed in regional attire, ACT AND THE NATIONAL ORGA- and I am proud to support this important and a sea of American and Turkish flags. Miss NIZATION FOR RARE DISORDERS measure. World, Azra Akin, will also participate. New York is a city inspired by every corner f HON. RAHM EMANUEL of the globe. We draw on and benefit from a OF ILLINOIS TRIBUTE TO DAVID M. STONE myriad of cultures whose citizens have settled IN THE HOUSE OF REPRESENTATIVES here lending their talents, ambition and drive. Monday, May 19, 2003 HON. JANE HARMAN Turkish influence is evident throughout the OF CALIFORNIA city. Mr. EMANUEL. Mr. Speaker, I rise today in It is hard to walk a block in New York City strong support of H. Con. Res. 147, Com- IN THE HOUSE OF REPRESENTATIVES without seeing a Turkish restaurant, a building memorating the 20th Anniversary of the Or- Tuesday, May 20, 2003 whose design was influenced by Turkish archi- phan Drug Act and the National Organization Ms. HARMAN. Mr. Speaker, I rise today to tecture or a store awning that includes callig- for Rare Disorders. This resolution honors an commend the achievements of the Federal raphy, an art form first practiced in Turkey. exemplary organization that has vastly im- Security Director at the Los Angeles Inter- The Turkish-American Day Parade is also a proved the lives of millions of Americans with national Airport, retired Rear Admiral David M. chance to honor Turkish Americans who are rare diseases and their families. Stone. leaders in their fields, having made contribu- The Orphan Drug Act of 1983 filled a void During his tenure with the Transportation tions in business, the arts, entertainment, and in our health care system—the fact that drug Security Administration, Admiral Stone has public service not only for the Turkish commu- companies were unwilling or unable to invest been instrumental in enhancing the security of nity, but for all New Yorkers and Americans. in developing products to treat rare diseases. the Los Angeles International Airport, the larg- Post parade festivities include various Turkish The incentives that the Orphan Drug Act put est origin and destination airport in the world. folk dancing troupes, traditional costumes, into place have made dramatic improvements In addition to working closely with my office, music, food and artists displaying diverse in the availability of treatments for the 25 mil- he has worked closely with the aviation and Turkish culture. In addition, Turkish American lion Americans affected by rare diseases. In transportation industry, elected officials at Veterans will participate. the decade before the Orphan Drug Act was every level of government, and, most impor- In recognition of outstanding Turkish Amer- signed into law, ten treatments for orphan dis- tant, with the talented pool of workers and ap- ican contributions, I ask my colleagues to join ease were developed. In the last 20 years, plicants for employment at LAX. me in honoring the 22nd annual Turkish Amer- more than 200 treatments for rare diseases Through Admiral Stone’s efforts, Los Ange- ican Day Parade. have been approved by the FDA, and more les is a safer place. Under his leadership, TSA f than 900 more are in development. The National Organization of Rare Disorders was able to mobilize, train, and deploy the HONORING CHIEF YEOMAN has represented a lifeline for millions of fami- largest federalized screener force in the RICHARD MARK ZWEIFACH United States, two weeks before the national lies since its inception in 2003. It has been in- deadline. He also implemented the 100 per- strumental in providing information about dis- cent checked baggage screening program at HON. CAROLYN McCARTHY eases and their treatments, and for connecting OF NEW YORK LAX, screening in excess of 150,000 bags per individuals impacted by rare disorders with ad- IN THE HOUSE OF REPRESENTATIVES day. He did a superb job of demonstrating vocacy organizations and with each other, al- TSA’s competence, which Secretary of Home- Tuesday, May 20, 2003 lowing patients and families to gain invaluable land Security Tom Ridge had the opportunity Mrs. MCCARTHY of New York. I rise in rec- support and advice from those suffering from to see when he visited LAX on April 25, 2003. ognition of Senior Chief Yeoman Richard Mark the same conditions. It has connected patients I was proud that Admiral Stone served on Zweifach, a well-respected leader in the Navy with drug assistance programs, to help them my Service Academy Selection Committee. As who recently announced his retirement. In his to access life improving drugs that they other- a graduate of the United States Naval Acad- 20 years of service Richard was a leading wise could not afford. emy, his evaluation of prospective cadets con- voice in the Navy. I want to draw particular attention to the var- tributed to the selection of the most qualified He joined the Navy in the summer of 1983 ious disorders characterized as types of epi- candidates in the 36th District of California for and had basic training in Orlando. Upon leav- lepsy. The Orphan Drug Act has been instru- nomination to our Nation’s military academies. ing basic training Richard began his service in mental in the development of epilepsy treat- Mr. Speaker, I will miss working with David Mississippi until settling in New London, CT ments such as sodium valproate and a gel Stone on enhancing security at LAX. I salute for almost 4 years. The Navy transferred him form of diazepam, or Valium. But, for epilepsy his accomplishments and wish him well. to San Diego in 1987 and remained there until and thousands of other disorders, there is f 1993. In 1994, Richard went back East to much more work to be done. New evidence of Kings Bay, GA spending 21⁄2 years on the the damaging long-term effects of seizures IN RECOGNITION OF THE 22ND AN- USS West Virginia. After his service in Geor- represents an additional call to action to de- NUAL TURKISH-AMERICAN DAY gia, Richard returned to San Diego to serve velop better treatments for the various epilep- PARADE with the Submarine Development Squadron. tic disorders. Twenty-five percent of epilepsy He has served in this capacity for more than patients have uncontrolled seizures, and even HON. CAROLYN B. MALONEY 6 years. those for whom medicine or surgery are effec- OF NEW YORK While serving his country, Richard still found tive still suffer seizures and their damaging ef- IN THE HOUSE OF REPRESENTATIVES time to get married and raise a family. He is fects. a devoted husband to his beautiful wife, Traci, Mr. Speaker, I thank Congressman FOLEY Tuesday, May 20, 2003 and a dedicated father to his three wonderful and the entire Energy and Commerce Com- Mrs. MALONEY. Mr. Speaker, I rise to pay children, Richard Jr., Ariel and Ashley. mittee for introducing this important resolution tribute to the 22nd annual Turkish-American Although he retires from the Navy, Richard and bringing it to the floor today. And I ap- Day Parade. For over 20 years the parade still plans to keep his active community life- plaud the perseverance of NORD founder

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.004 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1001 Abbey Meyers and the other courageous indi- have helped shape the cultural and social fab- by the New York Chapter of the American In- viduals who advocated for the passage of the ric of New York City. stitute of Architects. He also received a Munic- Orphan Drug Act and have given a brighter fu- For more than 30 years, professionals and ipal Art Society’s Certificate of Merit as well as ture to millions of American families over the volunteers at the Caring Community have a National Recognition Award from the Amer- last 20 years. For these reasons, I strongly helped and empowered seniors within our ica the Beautiful Fund. encourage my colleagues to vote for H. Con. community, offering a broad array of programs It is members like Saul Fishman and Barry Res. 147. and services, including the home delivery of Benepe that have made the Village Reform f over 50,000 hot meals, assistance with shop- Democratic Club a force for social change in ping and home repairs and assistance to sen- New York City. TRIBUTE TO COUNCILMAN MIKE iors who are crime victims. In recognition of these outstanding contribu- GIN Most importantly Caring Community oper- tions, I ask my colleagues to join me in hon- ates four centers for older adults. These four oring the Caring Community, Saul Fishman, HON. JANE HARMAN centers, at Our Lady of Pompeii Church, Inde- Barry Benepe and Village Reform Democratic OF CALIFORNIA pendence Plaza, The First Presbyterian Club on the occasion of their 20th annual din- IN THE HOUSE OF REPRESENTATIVES Church and Center on the Square, are open ner. Monday to Friday from 9 to 5. These centers Tuesday, May 20, 2003 f offer a wide variety of programs for seniors as Ms. HARMAN. Mr. Speaker, I rise today in well as a place where seniors can enjoy a hot HONORING TAIWAN PRESIDENT honor of my friend, Mike Gin, who retires this meal. CHEN SHUI-BIAN week from the Redondo Beach City Council One center is located at Independence after 8 years of distinguished service. Plaza, a neighbor to the World Trade Center. HON. BOB BEAUPREZ In addition to his work on the council, Mike’s The seniors in Independence Plaza were dis- OF COLORADO service to his community covers a wide range placed from their homes for weeks or longer. IN THE HOUSE OF REPRESENTATIVES of community groups including the Redondo Without the crucial assistance provided by the Tuesday, May 20, 2003 Beach Historical Society, the Chinese Ameri- Caring Community, many of these seniors cans United for Self-Empowerment, and the would have been unable to deal with the psy- Mr. BEAUPREZ. Mr. Speaker, I rise today Beach Cities Branch of the American Heart chological impact of 9/11 and might never to congratulate Taiwan President Chen Shui- Association. He is also a member of the Re- have returned to their homes. bian on his third anniversary in office. Three dondo Beach Sister Cities Association, the In this time, when government is reducing years ago, voters in Taiwan elected Mr. Chen Redondo Beach Jaycees, the Redondo Beach spending on all services, and charitable giving, Shui-bian, President of the Republic of China Chamber of Commerce and the Redondo especially by corporations has been severely on Taiwan, which marks the first successful Beach Rotary Club. curtailed, along with the Village Reform Demo- and peaceful transition of power in Taiwan’s I consider Mike a ‘‘lunch-pail politician,’’ who cratic Club I am proud to recognize all those history. Now in the year 2003, President Chen prides himself on doing the little things—like who contribute their time and resources to the continues to make strides towards ensuring a parks and potholes—that help make the City work of the Caring Center. robust democracy by guaranteeing the Tai- of Redondo Beach one of the nicest places to Saul Fishman is a pioneer in the fight for wanese people freedom of speech and funda- live in California. He was famous for holding domestic partnership for gay and lesbian cou- mental human rights. Saturday morning office hours with his con- ples. Beginning in 1987, Saul served as Many events have transpired in Taiwan stituents so he could spend time listening to spokesman for the Coalition for Lesbian and since President Chen Shui-bian has taken of- their concerns. Gays Rights and later as the chair of the Fam- fice. Over the last three years, President Chen But Mike’s retirement from the City Council ily Diversity Coalition and as a member of the has sought a meaningful dialogue and main- does not mean he is giving up on public serv- Mayor’s Partner Task Force. tained a positive interaction with China. Unfor- ice. In fact, this month Mike left his information As an activist in the Civil Service Bar Asso- tunately China has ignored President Chen’s services job to become Deputy to another ciation, the union representing attorneys em- gestures of goodwill and has continued to de- good friend, Los Angeles County Supervisor ployed by New York City, Saul persuaded the ploy missiles along the coastal provinces Don Knabe. I am delighted that much of the union to become the first to offer domestic aimed at Taiwan. It is my hope the leadership area Mike will cover for Supervisor Knabe re- partner benefits to its members. Saul later in China will realize that peace and stability in mains in my own Congressional district. My convinced the municipal unions to demand the Taiwan Strait is in everyone’s best inter- staff and I look forward to working with Mike that the City of New York grant bereavement est. in this new capacity. leave to any City employee who lost a domes- Taiwan has also endured the outbreak of Mr. Speaker, I will miss Mike’s warm per- tic partner. In a dramatic confrontation with the alarming disease Severe Acute Res- sonality on the City Council but am glad he then Mayor Koch, Saul got the mayor to ac- piratory Syndrome (SARS). I wish Taiwan’s will continue to play an active role in our com- cept the provision. government and people every success in their munity. Having secured significant protections for endeavor to fight vigorously in order to control f the domestic partners of New York City em- further spread of the SARS disease. As Sec- ployees, Saul turned to the wider issue of do- retary Powell said recently, SARS recognizes IN RECOGNITION OF THE VILLAGE mestic partnership law to protect all New York- no international borders. Taiwan has made REFORM DEMOCRATIC CLUB ON ers. After I agreed to sponsor the bill in the significant achievements in the field of THEIR 20TH ANNUAL DINNER City Council, Saul lobbied other members to healthcare and its medical experts have the be cosponsors and supporters. Passage of potential to greatly contribute to the science of HON. CAROLYN B. MALONEY that first domestic partnership bill was hailed health. That said, Taiwan shouldn’t be ruled OF NEW YORK as an unparalleled victory for the gay and les- out from the World Health Organization mainly IN THE HOUSE OF REPRESENTATIVES bian community. It is a testament to Saul due to political concern or obstruction. Fishman’s unending energy and unwavering We in the U.S. Congress appreciate Tai- Tuesday, May 20, 2003 belief that all people should have equal pro- wan’s friendship and support over the years. Mrs. MALONEY. Mr. Speaker, I rise to pay tection under the law. Since the terrorist attacks of September 11, tribute to the Village Reform Democratic Club In 1976 Barry Benepe had the idea of bring- 2001, Taiwan has offered assistance in help- on the occasion of their 20th annual dinner. ing fresh produce directly to the people of ing the United States fight global terrorism. At For over 20 years, the Village Reform Demo- New York City, and with that the Green Mar- the conclusion of Operation Iraqi Freedom, the cratic Club has led its neighborhood in ad- ket was born. Starting with three sites and few Taiwan government issued a statement sup- dressing and resolving important political and local farmers, over the past 21⁄2 decades the porting the Coalition of the Willing’s cause and community issues. Green Market has expanded to 18 locations pledging to offer humanitarian assistance to As is their custom the Village Reform bringing over 150 farmers from 4 states. postwar Iraq, just as they graciously did in the Democratic Club will honor community leaders Consumers appreciate the fresh alternatives case of Afghanistan. Taiwan’s generosity is at their dinner. This year the honorees will be offered by the Green Market, while many envi- welcomed and I look forward to a strong rela- the Caring Community for 30 years of service ronmentalists commend the transportation and tionship with Taiwan for many years to come. to the elderly, as well as Saul Fishman and environmental benefits of locally grown foods. Mr. Speaker, on the eve of President Barry Benepe, two men who in their own ways For this Barry was awarded a Special Citation Chen’s third anniversary in office, I join my

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.008 E21PT1 E1002 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 colleagues in wishing President Chen all the Catholic principles to one of America’s fastest the political process and a deeper under- best. growing communities. As America congratu- standing of issues important to the Chinese f lates Florida on the creation of the nation’s American community. newest Catholic university, I welcome this Earlier this year, I named Dr. Annie Chin TAIWAN PRESIDENT CELEBRATES wonderful addition to Southern Florida. Siu of Alhambra as one of the Women of the THIRD ANNIVERSARY IN OFFICE This university will provide endless opportu- Year in California’s 29th District. Her contin- nities for students seeking a first-rate edu- ued efforts to help our youth, the development HON. GREGORY W. MEEKS cation within a Catholic university setting. Ad- of commerce, the preservation of our historical OF NEW YORK ditionally, Ave Maria University will bring legacy and her devotion to the improvement of IN THE HOUSE OF REPRESENTATIVES growth to the surrounding areas and a great public safety are remarkable. The recipient of potential to recruit superior faculty and staff. Tuesday, May 20, 2003 numerous awards, including the Los Angeles While Ave Maria University is one of my Chinese Chamber of Commerce’s Service Mr. MEEKS of New York. Mr. Speaker, newest constituents, I speak on behalf of the Award and the Los Angeles Chinatown Public today, I am honored to pay tribute to Tai- 25th Congressional District, South Florida and Safety Award, Dr. Liu is the consummate vol- wanese President Chen Shui-bian on the oc- the entire state in congratulating Ave Maria unteer. She has been active in the Chinese casion of his third anniversary in Office. Dur- University and welcoming the university and American Museum, Chinese Historical Society ing the last 3 years, he has maintained both its students to Collier County. of Los Angeles, and the Los Angeles China- economic and political growth for his country. f town Public Safety Association, among many The people of Taiwan enjoy one of the best others. standards in Asia and full political freedom. ASIAN PACIFIC AMERICAN Mr. Speaker, I am fortunate that my District President Chen has also strengthened Tai- HERITAGE MONTH is home to many of Southern California’s most wan’s relationship with the United States. We SPEECH OF prominent and well-known Asian American appreciate his support of our war against ter- leaders. California State Assemblymember rorism and his pledge of humanitarian assist- HON. ADAM B. SCHIFF Judy Chu, Monterey Park City ance to post-war Iraq. OF CALIFORNIA Councilmembers Michael Eng and David Lau, Mr. Speaker, the spread of SARS has IN THE HOUSE OF REPRESENTATIVES and California Board of Equalization Member threatened the entire region and permeated Monday, May 19, 2003 John Chiang have all displayed an unsur- the west with sporadic infections. We hope passed dedication to their constituents. that President Chen will be successful in con- Mr. SCHIFF. Mr. Speaker, since 1990, we These are just a few, specific examples of trolling the spread of SARS in Taiwan and that have honored the lives and accomplishments the impact people of Asian Pacific heritage Taiwan will not suffer the disastrous economi- of Asian Pacific Americans during the month have had in the communities of California’s cal and medical set back such an epidemic of May. From the early 1800s to the 21st cen- 29th District. would promote. tury, Asian and Pacific peoples have played a As a member of the Congressional Asian Once again, I congratulate President Chen vital role in the development of the United Pacific American Caucus, Congressional Cau- on 3 years of service to the Taiwanese people States and have made lasting contributions in cus on Korea, the United States—Philippines and wish him well as he strives to develop the all elements of American society. Asian Pacific Friendship Caucus, and Taiwan Caucus, I political and economic landscape of Taiwan. Americans have helped to define what it have had the opportunity to support legislative f means to be an American, to work to advance efforts important to constituents in my district. the needs of all. As a nation, we must embrace the cultures AVE MARIA UNIVERSITY I am proud that the region I represent in that have worked to advance the needs of all Congress is such a diverse one and is home Americans and have helped to define what it HON. MARIO DIAZ-BALART to many people of Asian Pacific heritage— means to be American. I ask my colleagues to OF FLORIDA Asian Pacific American communities such as join me today and throughout this month to IN THE HOUSE OF REPRESENTATIVES Chinese, Filipino, Korean, Japanese, and Viet- showcase and celebrate the contributions— namese Americans. In California’s 29th Dis- Tuesday, May 20, 2003 both historical and present—of Asian Pacific trict, cities like Alhambra, Altadena, Burbank, Americans in our nation, our cities, and our Mr. MARIO DIAZ-BALART of Florida. Mr. Pasadena, Glendale, Monterey Park, San Ga- communities. Speaker, I come to the floor to welcome the briel, South Pasadena and Temple City boast f building of a new university and, in fact, a new thriving, active Asian American communities. town in the district I represent. Ave Maria Uni- The City of Glendale, for example, boasts the PERSONAL EXPLANATION versity—Florida’s newest university—will be an nation’s fourth largest Korean American popu- academic center of international scope found- lation in the United States. HON. ERNIE FLETCHER ed on Catholic religious beliefs and committed In fact, just last month, I was privileged to OF KENTUCKY to developing a Division I caliber athletics pro- travel to South Korea to address the increas- IN THE HOUSE OF REPRESENTATIVES gram. The university plans to grow to about ingly important political, social and economic 5,000 undergraduate and graduate students issues that have emerged on the Korean pe- Tuesday, May 20, 2003 and will have a full curriculum of traditional lib- ninsula. The Congressional delegation trip fo- Mr. FLETCHER. Mr. Speaker, on Monday, eral arts, sciences and engineering programs, cused on security issues on the Korean Penin- May 19, 2003, had I been present for rollcall as well as a comprehensive graduate program sula, the plight of North Korean refugees and vote Nos. 192, 193, and 194, I would have offering masters and doctoral degrees. the abysmal human rights conditions in the voted the following way: rollcall vote No. The campus will cover approximately 750 North—issues important to my constituents 192—‘‘aye,’’ rollcall vote No. 193—‘‘aye,’’ roll- acres, including a world class golf course in and all Americans. call vote No. 194—‘‘aye.’’ eastern Collier County. The university, which But, in honoring Asian Pacific Americans f has already begun construction on an interim this month, I also honor those individuals and campus, is seeded with approximately $200 organizations in my District whose accomplish- PERSONAL EXPLANATION million from Thomas S. Monaghan, Domino’s ments and contributions to our community Pizza Founder and former owner of the Detroit have been immeasurable. HON. ELTON GALLEGLY Tigers, who is also chairman of the Ave Maria It is my honor to recognize Cause-Vision 21 OF CALIFORNIA Foundation in Ann Arbor, Michigan. and its esteemed founder, Charlie Woo. The IN THE HOUSE OF REPRESENTATIVES The town that will house Ave Maria Univer- organization is dedicated to advancing the po- sity will be developed through a joint partner- litical empowerment of the Chinese American Tuesday, May 20, 2003 ship between the university and the Barron and Asian American communities through Mr. GALLEGLY. Mr. Speaker, on May 19, Collier Companies. This town will produce voter education, community outreach and 2003, I was unable to vote on H. Con. Res endless economic benefit for surrounding leadership development. Each year, they orga- 166, Expressing the Sense of Congress in communities and will serve as a great home nize the Chinese American Student Internship Support of Buckle Up America Week (rollcall for Florida’s newest university. Coalition (CASIC), a program that provides vote 192), H.R. 1018, James L. Watson Ave Maria University will bring academic ex- Chinese American college students with the United States Court of International Trade cellence, athletic competition and strong opportunity to gain hands on experience with Building (rollcall 193), and H. Con. Res. 147,

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.011 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1003 Commemorating the 20th Anniversary of the co-op donates roof space for radio antennas Asian Pacific Americans have made vast Orphan Drug Act and the National Organiza- to both the Jamaica Estates Volunteer Ambu- contributions in the fields of medicine, tech- tion for Rare Disorders (rollcall vote 194). Had lance Corp and the New York City Police De- nology, and agriculture that benefit all Ameri- I been present, I would have voted ‘‘yes’’ on partment. It also provides landscaping serv- cans. all three measures. ices for the center divider of Francis Lewis Throughout times of heightened national se- f Boulevard. In Marc Haken’s 25 years as presi- curity, Asian Pacific Americans have fought to dent of Hilltop Village Co-operatives, the co-op protect democracy in every war since the Civil PERSONAL EXPLANATION has expanded its prominent role as a leader in War. the local community. For example, despite the disturbing racism HON. MAJOR R. OWENS I commend Mr. Haken and the Hilltop Vil- towards Japanese Americans during World OF NEW YORK lages’ Board of Directors—Michael Rodi, Mir- War II, Japanese Americans volunteered to IN THE HOUSE OF REPRESENTATIVES iam Null, Bernice Ackerman, Adrienne Bayuk, serve in the armed forces as part of the 442nd Steven Kasavana and Miguel Ramos—for Tuesday, May 20, 2003 Infantry Regimental Combat Team. their continued dedication and commitment to The 442nd Regimental Combat Team re- Mr. OWENS. Mr. Speaker, because of an community service. I ask my colleagues in the mains the most decorated unit in U.S. military emergency in my district, I missed rollcall vote House of Representatives to please join me in history. No. 192. If present, I would have voted ‘‘yea.’’ wishing Marc Haken, the Board of Directors, Not only did these Japanese servicemen f and the shareholders of Hilltop Co-operatives show their loyalty to the United States, but many more years of success as they celebrate IN HONOR OF MARC HAKEN AND they also earned more than 18,000 individual the 50th Anniversary of this wonderful residen- THE 50TH ANNIVERSARY OF decorations in less than two years. These tial community. HILLTOP VILLAGE CO-OPERA- noble men deserve our recognition. TIVE #4 f In closing, I would like to honor the memory of a truly remarkable woman, the late Con- ASIAN PACIFIC AMERICAN gresswoman Patsy Mink. HERITAGE MONTH HON. GARY L. ACKERMAN In my 2 years working with Patsy, I quickly OF NEW YORK came to admire her sprit and determination. IN THE HOUSE OF REPRESENTATIVES HON. HILDA L. SOLIS Patsy was a true warrior, a champion for the Tuesday, May 20, 2003 OF CALIFORNIA causes of equality, civil rights and environ- IN THE HOUSE OF REPRESENTATIVES mental justice—causes important to the Asian Mr. ACKERMAN. Mr. Speaker, I rise today Tuesday, May 20, 2003 Pacific American community and all commu- to honor the 50th Anniversary of the Hilltop nities. Village Co-operative #4 in Hollis, Queens, NY, Ms. SOLIS. Mr. Speaker, I rise today to honor May as Asian Pacific American Heritage As the first Asian-American woman in Con- and its President, Marc Haken for his strong gress, Patsy Mink was a hero to many. leadership, dedication and commitment to the Month and to pay tribute to the 120,000 indi- viduals of Asian descent that live in my con- Patsy may not be with us in body any Hilltop Village community. longer, but her spirit continues to thrive as we On Sunday, August 15, 1952, the New York gressional district. I am fortunate to represent an ethnically di- celebrate May as Asian Pacific American Her- Times recognized the opening of this grand itage Month. cooperative with a front page article. Con- verse district that has experienced first hand the economic and cultural contributions of the structed under the National Housing Act of f 1952, Hilltop Village Co-operative #4 was the Asian Pacific American community. fourth and final completed section of the 500- Although less than 4 percent of the U.S. HONORING BERNICE BECK OF unit Hilltop Village, occupying 150 acres of population is Asian, I am proud that 19 per- KILLEEN, TEXAS Queens, NY. Hilltop Village Co-op #4 opened cent of my congressional district is of Asian in December 1953 with 296 apartments and descent. HON. CHET EDWARDS Some cities in my congressional district, Joseph Desner as its first president. OF TEXAS have a well-established Asian Pacific Amer- Since its completion in 1953, Hilltop Village IN THE HOUSE OF REPRESENTATIVES #4 has emerged as a leader in the local com- ican community. munity. Among the major projects the group Montery Park, for example, is home to a Tuesday, May 20, 2003 has spearheaded and accomplished are: the Chinese and Chinese-American community. Mr. EDWARDS. Mr. Speaker, last week, Monetery Park is 60 percent Chinese and creation of the Hollis branch of the Queens Central Texas, the City of Killeen and Ft. its City Council is majority Asian as well. Borough Public Library on 202nd Street and Hood lost a friend with the passing of Bernice Other cities in my congressional district, like Hillside Avenue, the construction of a Post Of- ‘‘Bernie’’ Beck. Some people will be known for West Covina, have experienced an increase in fice on 197th Street and Hillside Avenue, and their accomplishments in life. Others will be its Asian population in more recent times. the implementation of a new bus route, the From 1980 to the present, West Covina’s known for their strength of character. My Q76, which runs down Francis Lewis Boule- Asian Pacific American population has grown friend; Killeen’s friend; Ft. Hood’s friend, Ber- vard to the subway terminal at Hillside Avenue from 4 percent to 23 percent. nice Beck, will be known for both. and 179th Street. In addition, residents of Hill- In addition to this recent growth, the Japa- Some will be remembered for service to top Village were instrumental in the establish- nese community in West Covina has long country in time of war. Others will be remem- ment of the Holliswood Jewish Center. been an important part of the city. bered for service to community in time of Community involvement has been especially On June 3, the East San Gabriel Valley peace. Bernice Beck will be remembered for prominent under the dynamic leadership of Japanese Community Center, located in West both. Marc Haken, who has served as president of Covina, will celebrate its 52nd Anniversary. I will miss Bernie Beck, because he was a the co-op, and has been reelected every three The East San Gabriel Valley Japanese dear friend, but his lasting legacies cannot be years since 1978. Under Mr. Haken’s direction Community Center provides important services missed, not even by those who never knew the co-op became a member of civic and com- like: him—Stillhouse Hollow Lake, Ft. Hood’s III munity organizations such as the 107th Pre- Japanese language classes from the kinder- Corps Headquarters, the Soldier Development cinct Council, the Queens Civic Congress, garten to the high school level; Center, the Soldier Service Center and Army whose co-op committee is chaired by Mr. Martial art and cultural classes like Japa- family housing improvement program—these Haken, and the Friends of Cunningham Park. nese classical dance; and are but a few of the important projects that The co-op also makes financial contributions A year round program for its Japanese bear the imprint of Bernie Beck’s commitment to several local charitable organizations includ- American senior and retired citizens. to the community and soldiers he loved. ing the Queens Women’s Center, the Hollis The East San Gabriel Valley Japanese I’ll never forget the first time I met Bernie branch of the Queens Borough Public Library, Community Center has significantly contrib- Beck. It was 1990, and I was campaigning for the Jamaica Estates Volunteer Ambulance uted to the strength of West Covina and the Congress. I asked for his support. In his typ- Corp., the Hatzolah Volunteer Ambulance greater San Gabriel Valley. ical quiet but firm determination, he said I Corp., the Youth Committee of Community Asian Pacific Americans bring richness not would have it, under one condition. He wanted Board #8 and to the 107th Precinct of the New only to our culture, but also to our economy to know that I would work to get on the Armed York City Police Department. In addition, the and to our advancement as a nation. Services Committee because of Ft. Hood. I

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.017 E21PT1 E1004 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 did. He gave it. I won and a wonderful friend- and the Bill of Rights. Administered by the Shabbnam Jeddi, Erika Larson, Jonathan ship was started. Somehow, Bernie Beck al- Center for Civic Education, the We the People Lesesene, Jerel Lewis, Matt Lipkin, Cara ways seemed to know how to get things done, program is funded by the U.S. Department of Lynch, Courtni Mills, Munira Mohamed, Vishal whether it was business or politics. Education by act of Congress. Patel, Clarence Quarterman, Ryan Rice, In the 13 years I knew Bernie, never once I am proud to announce that the class from Caitlin Roberson, Kyle Smithers, Callan did he come to me to ask for something self- Lakeside High School, a DeKalb County Steinmann, Karen Usselman, Karl ish. It was always something for Ft. Hood, for school in my district, represented the state of Weidenmann, Jackie Williams, and Ethan Wu. soldiers and their families, and for his beloved Georgia in this national event. These young f Killeen. scholars have worked conscientiously to reach When I was still trying to learn where the the national finals by participating at local and THE TELECOM INDUSTRY bathrooms were in Congress, Bernie Beck and statewide competitions. As a result of their ex- his fellow patron of Ft. Hood, Tommy Joe perience they have gained a deep knowledge HON. CHARLES A. GONZALEZ Mills, introduced me to the powers to be in and understanding of the fundamental prin- OF TEXAS Congress and the nooks and crannies of the ciples and values of our constitutional democ- IN THE HOUSE OF REPRESENTATIVES Pentagon. You see, unknown to many, those racy. Tuesday, May 20, 2003 two would come to D.C. every year and wine The 3-day We the People national competi- and dine key staffers, Members of Congress tion is modeled after hearings in the United Mr. GONZALEZ. Mr. Speaker, the news for and Army officials at their own expense . . . States Congress. The hearings consist of oral the Telecom industry is still not good. While well, usually at Bernie’s expense. Tommy presentations by high school students before a there are certainly signs of recovery, there is Joe’s gregariousness and Bernie’s quiet deter- panel of adult judges on constitutional topics. also significant weakness in the industry. mination—what a combination. What Bob The students are given an opportunity to dem- The Wall Street Journal reported on Mon- Hope and Bing Crosby were to entertainment, onstrate their knowledge while they evaluate, day, April 28, that capital spending by the six Beck and Mills were to Ft. Hood. They were take, and defend positions on relevant histor- major telecom operators was down an aver- an unforgettable partnership that surely only ical and contemporary issues. Their testimony age of 19 percent in the first quarter, com- the Good Lord could have brought together is followed by a period of questioning by the pared to the same quarter last year. This is 19 . . . and we are all the better for it. judges who probe the students’ depth of un- percent lower than already low capital spend- Whether it was General B.B. Bell in Europe derstanding and ability to apply their constitu- ing. last month or the Chief of the Staff of the tional knowledge. One reason for the lack of spending is regu- Army, Rick Shinseki last week, when I met The We the People program provides cur- latory uncertainty. The Federal Communica- with Army leaders anywhere, they asked ricular materials at upper elementary, middle, tions Commission ruled in February that some about Bernie Beck. They admired him, be- and high school levels. The curriculum not of its regulations on broadband should be cause he always cared about the Army family. only enhances students’ understanding of the eliminated. The only problem is that the FCC Some people get things done by shouting. institutions of American constitutional democ- still has not issued its rules, so companies That was not Bernie Beck. Some people in- racy, it also helps them identify the contem- cannot make their capital spending plans. spire by their eloquent orations. That was not porary relevance of the Constitution and Bill of Cuts in capital spending mean fewer jobs Bernie. But, when Bernice Beck spoke, often Rights. Critical thinking exercises, problem- for those workers who make telecommuni- quietly, people listened and things got done. solving activities, and cooperative learning cations equipment, and those who install it. It That was the measure of respect he earned techniques help develop participatory skills means less broadband availability for under- from all of us blessed to know him. necessary for students to become active, re- served areas. It means less competition in I’ll never forget the last time I saw Bernie sponsible citizens. broadband services. The FCC needs to work Beck. It was in Killeen at our community event Independent studies by the Educational to reverse these trends, and should start by honoring Ft. Hood soldiers about to be de- Testing Service (ETS) revealed that students issuing the order it agreed on more than 3 ployed to Iraq. How appropriate for this World enrolled in the We the People program at months ago. War II combat veteran who spent 4 years in upper elementary, middle, and high school f Europe fighting Hitler’s forces . . . 58 years levels ‘‘significantly outperformed comparison TRIBUTE TO PRESIDENT CHEN later sitting quietly in the crowd, never ever students on every topic of the tests taken.’’ SHUI-BIAN OF TAIWAN forgetting those who serve our nation. Another study by Richard Brody at Stanford Bernie Beck understood that one day he University discovered that students involved in would be saved by grace, not by good works, the We the People program develop greater HON. DAVID WU but he also knew that helping others was a commitment to democratic principles and val- OF OREGON way to carry out the great commandment to ues than do students using traditional text- IN THE HOUSE OF REPRESENTATIVES ‘‘love thy neighbor as thyself.’’ books and approaches. Researchers at the Tuesday, May 20, 2003 Now, that day has come and Bernie Beck is Council for Basic Education noted: Mr. WU. Mr. Speaker, I rise today to con- blessed to be in that special place that God [T]eachers feel excited and renewed. . . . surely saves for those of faith who walked Students are enthusiastic about what they gratulate Taiwan President Chen Shui-bian on humbly, while making life’s path better for have been able to accomplish, especially in his third anniversary in office. Under his lead- those who follow. terms of their ability to carry out a reasoned ership, Taiwan is now a prosperous democ- May God bless his spirit, just as He blessed argument. They have become energized racy respecting human rights and civil lib- us by bringing Bernie Beck into this world and about their place as citizens of the United erties. In addition, Taiwan and the United States. into our lives. States enjoy a strong trade relationship. We The class from Lakeside High School re- are Taiwan’s number one trading partner and f cently participated in the national competition Taiwan is our eighth. TRIBUTE TO LAKESIDE HIGH in Washington, DC. It was inspiring to see With the recent outbreak of SARS, we see SCHOOL these young people advocate the fundamental the absolute necessity of all countries sharing ideals and principles of our government, ideas medical information. Viruses and germs know HON. DENISE L. MAJETTE that identify us as a people and bind us to- no boundaries. International cooperation and OF GEORGIA gether as a Nation. It is important for future collaboration are vital in preventing the further IN THE HOUSE OF REPRESENTATIVES generations to understand these values and spread of SARS. I therefore hope that Taiwan principles which we hold as standards in our will soon gain observer status in the World Tuesday, May 20, 2003 endeavor to preserve and realize the promise Health Assembly this May. Taiwan’s 23 million Ms. MAJETTE. Mr. Speaker, On April 26, of our constitutional democracy. I commend people deserve full access to all available in- 2003, more than 1,200 students from across these young ‘‘constitutional experts’’ for reach- formation about diseases and cures. the United States visited Washington, DC to ing the We the People national finals: Teach- I appreciate Taiwan’s efforts in seeking a compete in the national finals of the We the er—Richard Barbe; Students—Jordan Bailey- dialogue with China and maintaining peace People: The Citizen and the Constitutional Hoover, William Bretherton, Stuart Cardwell, and stability in the Taiwan Strait. I hope that program, the most extensive educational pro- Morgan Clemons, Matt Connors, Ann Elise China will demonstrate its good will by engag- gram in the country developed specifically to Cutrer, Ross Elliott, Susan Fang, Katherine ing in peaceful talks with the people of Taiwan educate young people about the Constitution Fountain, Zack Goodman, Heather Greenfield, about the island’s future political status.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.021 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1005 I hope that the longstanding friendship be- THE NEED FOR UNITED STATES places the parties they represent at a distinct tween our two democracies continues to blos- BANKRUPTCY COURT PRO- disadvantage. som and strengthen in the years ahead. Con- CEEDINGS TO OCCUR ON A A strong case exists for the daily conduct of gratulations to the people of Taiwan and DAILY BASIS IN BAKERSFIELD, bankruptcy proceedings in Bakersfield when President Chen. CALIFORNIA one considers the number of filings submitted by Kern County parties and general demo- graphic data. In 2002, Kern County parties f HON. WILLIAM M. THOMAS OF CALIFORNIA made 4,168 total bankruptcy filings, and TRIBUTE TO PEGGY FOUKE WORTZ IN THE HOUSE OF REPRESENTATIVES through March 31, 2003, have made 1,042 total filings. During those time periods, total fil- ATHENA OF THE INLAND VAL- Tuesday, May 20, 2003 LEYS AWARD ings in the entire four-county Modesto Division Mr. THOMAS. Mr. Speaker, I rise today to were 5,045 and 1,324 respectively. Moreover, introduce legislation that would authorize the Kern County’s 4,168 total filings in 2002 were HON. KEN CALVERT creation of an additional bankruptcy court for greater than the 3,696 total filings in Fresno the United States District Court for the Eastern County and constituted over one-third of the OF CALIFORNIA District of California. The legislation would also 11,912 total filings in the entire eight-county express that it is the sense of Congress that IN THE HOUSE OF REPRESENTATIVES Fresno Division. Finally, nationwide there are bankruptcy proceedings should be conducted approximately 700,000 people per bankruptcy Tuesday, May 20, 2003 in Bakersfield in Kern County, California on a court, and Kern County, one of the fastest daily basis. growing areas in the nation, has a population Mr. CALVERT. Mr. Speaker, I rise today to Very simply, I am introducing this legislation in excess of 676,000. By comparison, honor and pay tribute to an individual whose because my constituents have informed me Stanislaus County, where the Modesto Divi- dedication and contributions to the community that neither they, nor justice, is well-served by sion is located, has a population of 468,566. of Riverside, California are exceptional. River- the status quo, under which Bakersfield is I trust that my colleagues and the appro- side has been fortunate to have dynamic and designated as a location where court is con- priate United States Judicial Conference offi- dedicated community leaders who willingly ducted once a month, with other matters dis- cials will recognize the need to have bank- posed of through the use of video/teleconfer- and unselfishly give their time and talent and ruptcy proceedings conducted in Bakersfield encing. make their communities a better place to live on a daily basis and will work with me to en- According to constituent attorneys familiar sure that our legal system is structured in a and work. Peggy Fouke Wortz is one of these with both the creditor and petitioner perspec- manner that allows for the effective and fair individuals. On Wednesday, May 21, 2003 tives, one particularly significant problem is the administration of our bankruptcy laws. Peggy will be awarded the ATHENA of the In- distance that parties must travel in order to f land Valleys at a lunch in her honor. personally appear in the Fresno Division of the CELEBRATING THE 100TH BIRTH- Peggy learned from a very early age the United States Bankruptcy Court for the East- ern District of California. Kern County encom- DAY OF MARY LOUISE AKERS value of community service and volunteerism. passes a vast area, and those persons in- She was born in Michigan and is the grand- volved in contested proceedings who wish to daughter of Mr. R.E. Olds, the inventor and HON. TOM UDALL be heard in Fresno must travel 110 miles from OF NEW MEXICO founder of Oldsmobile cars. Throughout her Bakersfield. Moreover, 429,310 of Kern Coun- IN THE HOUSE OF REPRESENTATIVES childhood, her grandparents and parents dem- ty’s 676,367 residents live in outlying commu- onstrated the same openhearted generosity nities and areas, and must travel much further Tuesday, May 20, 2003 that she would embrace in her adult life. to be heard in Fresno. Mr. UDALL of New Mexico. Mr. Speaker, it In 1940, Peggy married Mr. Philip B. Fouke For example, those persons living in the is with great pleasure that I honor a very great communities of Boron, Frazier Park, or Rosa- and six years later they moved to Riverside, lady today upon reaching her 100th birthday. mond with business before the Bankruptcy Mary Louis Akers, a resident of Santa Fe, California where they raised three children. Court have to travel 172, 143, and 160 miles New Mexico, is commemorating, with a host of After the death of Mr. Fouke, Peggy married respectively to appear in Fresno. If those per- family and friends, a century of life upon this Mr. James M. Wortz in 1975 and dedicated sons could appear in Bakersfield, they would earth. I salute and applaud her on this remark- herself to her family and community. Her in- only have to travel less than half as far—80, able event. volvement in the community includes service 37, and 57 miles respectively—and would be Mrs. Akers was born on May 20, 1903, in on various boards and committees as well as relieved of some of the hardships and costs Sherman, Texas, to Margaret Crumley Melton personal financial donations. inherent in traveling such distances. This trav- and James Henderson Melton. Growing up el is especially difficult for those parties who A few of the organizations that Peggy has during the first part of the 20th century was are sick, elderly, or have small children. quite different than it is today. Mary Louise been active in include: Charter Member, Cali- While a video/teleconferencing system is in Melton’s father delivered mail on horseback, fornia Baptist University; Board of Governors, place, I am told the system works well only and the family traveled by horse and buggy California Community Foundation; Past Presi- approximately 70 percent of the time and that most everywhere they went, not owning a car dent, The Junior League; Founder/President on occasion the video goes out, leaving only until Mary Louise was a teenager. The train The Living Desert Reserve; Board of Direc- teleconferencing. My constituent attorneys was used for long trips. The family always had tors, The Mission Inn Foundation; President, firmly believe that appearances through the an ‘‘icebox,’’ the forerunner of the refrigerator, Riverside Community Film; Board of Directors, use of the video/teleconferencing system, not and ice was delivered to their home every few Riverside Community Hospital Foundation; only decrease the decorum of the pro- days. Laundry was always done by hand. Founder and Board of Trustees, UCR Founda- ceedings, but also decrease the parties’ ability Entertainment was very different when Mary tion; Founder, The Volunteer Center; Board to effectively communicate, resulting in pro- Louise was young. Her primary entertainment ceedings that are less efficient and fair than Member, Riverside YMCA; and Founder, The was reading. The family did not own a radio proceedings conducted in person before a live until Mary Louise was a teenager, and the first Frank Millen Club. court and witnesses. In addition, Kern County ‘‘silent’’ movie she saw was a series that only Peggy’s tireless passion for community attorneys inform me that because practitioners ran on Saturday afternoons. Many years later, service has contributed immensely to the bet- cannot file documents in Bakersfield, Kern in the 1950’s and after she was married, a tel- terment of the community of Riverside, Cali- County parties incur increased costs in the evision was purchased. fornia. Peggy has been the heart and soul of form of overnight or courier charges and face Mary Louise suffered infantile paralysis, now many community organizations and events de facto shortened deadlines. Finally, the sta- known as polio, when she was nine months and I am proud to call her a fellow community tus quo also results in the almost automatic old. The disease paralyzed her left side. Re- conduct of short proceedings via video/tele- member, American and friend. I know that markably, however, she recovered from the conferencing as well as the conduct of pro- disease and, fortunately, was left with little re- many community members are grateful for her ceedings through a mixture of live and video/ sidual, and unnoticed, effects. service and salute her as she receives the teleconferencing appearances, a practice Mary Louise attended Kidd Key College in ATHENA of the Inland Valleys Award. which Kern County practitioners advise me Sherman, where she studied voice. Her first

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.024 E21PT1 E1006 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 job was as a teacher in Rockfort, Texas, eight- Office of Legislative Liaison, will retire after 32 REGULATORY CERTAINTY IN een miles from Sherman, where she taught years of honorable active duty Air Force serv- TELECOM MARKETPLACE IS A the first four grades. It was during those years ice. During his time in Washington, and espe- MUST that she met her future husband, Homer cially with regard to his work here on Capitol Akers, who was training to be a Presbyterian Hill, General Barnidge personified the Air HON. DARRELL E. ISSA minister. They married on June 19, 1930, at Force core values of integrity, selfless service OF CALIFORNIA the First Baptist Church in Sherman, and their and excellence in the many missions the Air IN THE HOUSE OF REPRESENTATIVES first home was the Presbyterian manse in Force performs in support of our national se- Natalia, Texas. curity. Many Members and staff have enjoyed Tuesday, May 20, 2003 Homer and Mary Louise Akers spent the the opportunity to meet with him on a variety Mr. ISSA. Mr. Speaker, today, I rise to talk next 47 joyous years together until his death of Air Force issues and came to deeply appre- about at an FCC decision that will have dire in 1977. During their marriage, Rev. Akers ciate his character and many talents. Today it consequences for the telecommunications in- served as a minister in seven Texas commu- is my privilege to recognize some of General dustry. nities, each about four years each, and in Barnidge’s many accomplishments, and to In February, I submitted an op-ed to Roll Portales, New Mexico, from 1947 until 1968, a commend his superb service he provided the Call for their annual Telecommunications and location that will always be considered home. Air Force, the Congress and our Nation. Technology issue prior to the FCC vote on the A daughter, Margaret Louise, was born in General Barnidge was commissioned Section 251 Unbundling Obligations of Incum- 1931, but only lived a few days past her third through the ROTC program in 1971. His ca- bent Local Exchange Carriers. In the article, I birthday. A second daughter, Kathryn Ann, reer has spanned a variety of operations and reserved hope that the FCC would render a was born in 1936, and Mary Louise currently maintenance assignments, including major decision that could provide regulatory certainty lives with her in Santa Fe. command and Joint Staff billets. He is experi- to a sector that is in desperate need of sta- In her 100 years upon this earth, Mary Lou- enced in aircrew operations, flight line mainte- bility. If not, I stated that Congress should step ise Akers is known and deeply loved and ad- nance and combat support activities. The in and remedy this issue. mired by hundreds, if not thousands, of those General has also performed major command The FCC did not provide regulatory certainty whose lives she has touched during her ex- staff and executive support functions, as well when they voted, and three months later, they traordinary 100-year journey. She loved serv- as duties as a force planner and division chief have yet to publish their decision. This deci- ing as the primary greeter in all the churches in the Joint Staff. He has commanded a com- sion, whatever it looks like in final form, will her husband served and was the voice most bat crew training squadron, a logistics group, lead to litigation, assuring this issue will not be heard when hymns were sung. She has al- an operations group, a B–1B bomb wing and resolved for many years . . . unless Congress ways been a famous ‘‘jokester,’’ constantly the B–2 wing at Whiteman Air Force Base, acts swiftly. Without regulatory certainty, the teasing her family and friends with her delight- MO. General Barnidge also completed the telecom industry, CLECs and ILECs alike, will ful, bubbly personality and infectious laughter. Program for Senior Officials in National Secu- continue to experience employee layoffs, cuts Having a perfect memory, Mary Louise can rity at the John F. Kennedy School of Govern- in capital expenditures, and little investment readily recall wonderful, enduring and enter- ment, Harvard University, and Seminar XXI, and growth. taining stories about all those whom she has Foreign Political and International Relations, at The FCC had an opportunity to ensure reg- known. the Massachusetts Institute of Technology. He ulatory certainty in the telecom marketplace, Mary Louise Akers has abundantly enjoyed received special recognition in 1999 as the but failed. Congress must provide this much her 100 years. She has always been ex- winner of the Air Combat Command Moller needed certainty, and it must do it soon. tremely active and enjoys attending commu- Trophy, recognizing him as the best Wing f nity events and traveling with her daughter. A Commander among 28 other commanders. USPS STAMP ADVISORY COM- few of her passions are having tea parties with General Barnidge has amassed over 2,900 family and friends, attending an Aker family re- MITTEE SHOULD ISSUE A STAMP hours in the T–37, T–38, OV–10, B–52G, B– TO RAISE AWARENESS ABOUT union every July, receiving cards and letters 1B, and B–2 aircraft. and writing many herself, going to the beauty PLIGHT OF MISSING AND EX- Throughout his distinguished career, Gen- shop every Friday, and eating lots of straw- PLOITED CHILDREN eral Barnidge exceptional leadership skills berry jam every morning and drinking a Coke were always evident to both superiors and every afternoon, which she considers her HON. SHERWOOD BOEHLERT subordinates as he repeatedly proved himself ‘‘tickets’’ to a long life. Her very favorite ‘‘sup- OF NEW YORK in numerous select command positions. per’’ food is a chocolate sundae with ‘‘lots’’ of IN THE HOUSE OF REPRESENTATIVES In his years of working with the Congress, syrup! Tuesday, May 20, 2003 Mary Louis Akers is a very grand lady, and General Barnidge provided a clear and cred- the world has been, and continues to be, a ible voice for the Air Force while representing Mr. BOEHLERT. Mr. Speaker, I rise today, better place because of her presence in it. its many programs on the Hill, consistently along with Representative NICK LAMPSON, Driving a car up until her 80’s, Mary Louise’s providing accurate, concise and timely infor- Chairman of the Congressional Missing and CB ‘‘handle’’ was ‘‘Sunshine Mary’’, I can think mation. His integrity, professionalism, and ex- Exploited Children’s Caucus, to announce the of no more accurate way to describe this de- pertise enabled him to develop and maintain introduction of a resolution expressing the lightful lady. I invite all my colleagues in the an exceptional rapport between the Air Force sense of the House of Representatives that U.S. House of Representative to join me in and the Congress. The key to his success, I the United States Postal Service (USPS) wishing Mary Louise Akers a very happy and believe, was his deep understanding of Con- Stamp Advisory Committee should issue a healthy 100th birthday, may she enjoy many gressional processes and priorities and his un- stamp to raise awareness about the plight of more to come! flinching advocacy of the programs essential missing and exploited children. It is only fitting to the Air Force and to our nation. I am greatly that such an action should occur today, on f appreciative of General Barnidge’s 32–year National Missing Children’s day. TRIBUTE TO MAJOR GENERAL service to his nation and offer my sincere My local community was shocked one after- LEROY BARNIDGE, JR. wishes for a happy and prosperous retirement. noon in August 1993 when 12-year-old Sara On behalf of the Congress and the country, I Anne Wood was abducted near her home in HON. IKE SKELTON thank General Barnidge, his wife Sandy, and Sauquoit, NY. Far too many parents have had OF MISSOURI his entire family for the commitment and sac- to suffer with the agony of not knowing if their IN THE HOUSE OF REPRESENTATIVES rifices that they have made throughout his child was safe—we need to be more vigilant honorable military career. These family sac- in protecting our nation’s children. Tuesday, May 20, 2003 rifices demonstrate their commitment to our The idea for this stamp should be credited Mr. SKELTON. Mr. Speaker, today I wish to nation and their contributions do not go unno- to the Missing Children’s Stamp Committee, a pay tribute to an exceptional officer in the ticed. I know I speak for all of my colleagues grass roots organization of concerned citizens United States Air Force, an individual that a in expressing my heartfelt appreciation to from my district whose goal is to convince the great many of us have come to know person- General Barnidge for a job well done. He is a USPS Stamp Advisory Committee to issue a ally over the past few years—Major General credit to both the Air Force and the United commemorative stamp to raise awareness Leroy Barnidge, Jr. General Barnidge, who States. We wish our friend God-speed in his about the plight of all missing and exploited currently serves as Director of the Air Force retirement. children nationwide.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.027 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1007 The Missing Children’s Stamp Committee and as the Chief of Staff of the Marine Corps Treasurer of NJAIS and continues to serve on was formed in January 1996 by Chairman Quadrennial Defense Review 2001 Group. In its Board of Trustees and Finance Committee. John L. Brezinski, a Herkimer County Legis- August 2001 he assumed duties as Executive Dr. Sykoff is also past President of the New lator, and is a subcommittee of the National Assistant to the Deputy Commandant for Pro- Jersey Patriot Conference for independent Center for Missing & Exploited Children (Mo- grams and Resources, his last active duty po- school sports. In addition, he is a member of hawk Valley Branch). In its first year of exist- sition. the Board of the Monmouth County, New Jer- ence, the Committee received over 35,000 let- Throughout his career as a United States sey Chapter of the American Cancer Society ters of support for their efforts from across the Marine, Colonel Priddy demonstrated uncom- and a past member of the Board of the Mon- globe, but has run into many hurdles along the promising character, discerning wisdom, and a mouth County Family and Children’s Service. way. In the past, the USPS Stamp Advisory sincere, profound sense of duty to his country, Mr. Speaker, there can be no doubt that Dr. Committee has refused to approve such a his Corps, and especially to his Marines and Sykoff has been a consistent advocate of edu- stamp. Forty-five other sponsors of this legis- their families. On behalf of my colleagues on cating our country’s youth. I congratulate this lation and I are calling on the USPS Stamp both sides of the aisle, I would like to recog- remarkable individual for his lasting commit- Advisory Committee to act and issue a stamp nize Colonel Priddy’s accomplishments and ment to learning and ask that my colleagues to address this critical issue. his devoted service to the Nation. Congratula- rise up in recognition of the distinguished Dr. According to the National Center for Missing tions to him and his wife Diana, on the com- Lawrence S. Sykoff. and Exploited Children, 800,000 children are pletion of a long and distinguished career. f reported missing each year—that’s almost 200 f each day. According to a recent Zogby Inter- THE FCC AND THE TRIENNIAL national poll of 1,401 adults, more than two-in- IN RECOGNITION OF DR. REVIEW three Americans say the USPS Stamp Advi- LAWRENCE S. SYKOFF, ED.D. sory Committee should issue a stamp raising HON. MIKE PENCE awareness about the plight of missing and ex- HON. FRANK PALLONE, JR. OF INDIANA ploited children. The people have spoken and OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES we must respond. IN THE HOUSE OF REPRESENTATIVES Tuesday, May 20, 2003 Mr. Speaker, I urge my colleagues to join Tuesday, May 20, 2003 Mr. PENCE. Mr. Speaker, it’s been almost me and the forty five other original cosponsors three months since the Federal Communica- and show their support for this resolution, the Mr. PALLONE. Mr. Speaker, I proudly pause to recognize an exemplary individual, tions Commission (FCC) voted to approve the need to raise awareness, and the need to pro- Triennial Review decision and still no written tect our children. Dr. Lawrence S. Sykoff. Next month will mark Dr. Sykoff’s 10th anniversary as head master order has been issued by the Commission. f of the Ranney School in Tinton Falls, New Mr. Speaker, the Triennial Review offered ON THE OCCASION OF THE RE- Jersey. Throughout his lifetime, Dr. Sykoff has the FCC the unique opportunity to boost the TIREMENT OF COLONEL JOHN R. demonstrated an aweinspiring commitment to Nation’s economy and not only save jobs—but PRIDDY, USMC learning and education, and it is for that rea- create jobs as well. The Commission, how- son that I ask my colleagues to rise up with ever, responded to the challenge by issuing a HON. ERNEST J. ISTOOK, JR. me in honoring him. ruling that is contradictory—largely deregu- Dr. Sykoff’s love of education was apparent lating broadband on one hand while, on the OF OKLAHOMA other, continuing the enormous regulatory bur- IN THE HOUSE OF REPRESENTATIVES early on. He first qualified for the New York State teaching certification while studying as den of requiring large local phone companies Tuesday, May 20, 2003 an undergraduate. After graduating from the to lease their lines at below cost rates to com- Mr. ISTOOK. Mr. Speaker, I would like to Bernard Baruch School of Business Adminis- petitors. While I applaud the Commission’s de- pay tribute to Colonel John R. Priddy who is tration in New York, Dr. Sykoff took a job as regulatory view on broadband, the lack of about to retire and return to private life after an accountant but was drawn away from that common sense in requiring one company to more than 28 years of selfless service to our field by an overwhelming desire to educate. literally subsidize its competitors is beyond great Nation as a United States Marine. Colo- Feeling the call to teach, Dr. Sykoff enrolled at comprehension. nel Priddy graduated from the University of the University of San Diego and earned a In conclusion, the FCC has succeeded in Central Oklahoma, and after completing Ma- Master of Education degree in little over a creating uncertainty in the marketplace, and rine Corps Officer Candidate School was com- year. He was later awarded a doctorate from uncertainty on Wall Street typically converts to missioned a Second Lieutenant. the same university. By that time Dr. Sykoff financial disaster. The order that is now being He has served with numerous operational was nationally known in academic circles for written at the FCC will consist of several hun- commands including the Third Marine Division; his studies of Middle School education and dred pages of regulatory detail. I urge the Second Battalion, Tenth Marines; the First Ma- curriculum development. Commission and its staff to finish its work on rine Expeditionary Brigade; and First Battalion In 1993, The Ranney School was in need of the Triennial Review order as quickly as pos- (Reinforced), 12th Marines. He has served as a new Head of School to lead it into the twen- sible so we can begin the tedious legal proc- a commanding officer three times; first aboard ty-first century. That is when Dr. Sykoff arrived ess of examining these details. Let us not for- the USS Midway (CV–41) where he served as with a vision for Ranney’s future that included get that the jobs of thousands of hard-working Commanding Officer of the Marine Detach- growth, excellence, prosperity and techno- men and women, and the renewed health of ment; next as the Commanding Officer of First logical superiority. Since his arrival ten years our Nation’s economy, are at stake and de- Battalion (Reinforced), 12th Marines; and fi- ago, Dr. Sykoff has been successful at achiev- serve more than to be held captive by the red nally as Commanding Officer of the Marine ing every one of those goals. Under his guid- tape of the Federal bureaucracy. Corps Combined Arms Training Center at ance, Dr. Sykoff transformed the Ranney f Camp Fuji, Japan. Colonel Priddy is also a School into a state of the art learning center HONORING THE 28TH ANNUAL veteran of Operations Desert Shield and that can accommodate nearly 750 students. CAPITAL PRIDE FESTIVAL Desert Storm. With modern computer technology, including a He has also served with support units at distance learning auditorium, and the most up- HON. ELEANOR HOLMES NORTON Marine Corps Development and Education to-date laboratories and classroom facilities, OF THE DISTRICT OF COLUMBIA Command, Quantico, Virginia; Naval Amphib- the Ranney School is better suited to prepare IN THE HOUSE OF REPRESENTATIVES ious School, Little Creek, Virginia; Head- students for a prosperous future both person- quarters, United States Marine Corps; and in ally and professionally. Tuesday, May 20, 2003 the Office of the Secretary of Defense. He is In addition to being the Headmaster at the Ms. NORTON. Mr. Speaker, I rise to pay a graduate of the Marine Corps Amphibious Ranney School, Dr. Sykoff has been an active tribute to the 28th Annual Capital Pride Fes- Warfare School, the U.S. Army Command and member of several educational professional tival, a celebration of and for the National General Staff College, and the U.S. Army organizations including the Council for the Ad- Capital Area’s Lesbian, Gay, Bisexual and School of Advanced Military Studies. vancement and Support of Education, the Na- Transgendered communities, their families, Colonel Priddy has served as the Com- tional Association of Independent Schools, and their friends. mandant of the Marine Corps Fellow to the and the New Jersey Association of Inde- Since its beginning in 1975, the Capital Center for Strategic and International Studies, pendent Schools. He recently served as Pride Festival has grown from a small block

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.030 E21PT1 E1008 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 party to a seven-day series of events. This call votes 192, 193, and 194. Had I been the right to govern themselves as they see fit. year, the Pride Parade will be held June 7–8, present, I would have voted ‘‘nay’’ on rollcall Many of these men who signed the Mecklen- 2003 and will culminate into a street fair on 192, H. Con. Res. 166; ‘‘yea’’ on rollcall 193, burg Declaration went on to fight and die in Pennsylvania Avenue, attended by people of H.R. 1018; and ‘‘yea’’ on rollcall 194, H. Con. the American Revolution to secure the liberties all backgrounds from the District and the re- Res. 147. and freedoms we have today. gion. I have marched in the Pride parades f I am happy to note that in honor of this date since coming to Congress, and I have seen the great state of North Carolina has placed the parade grow bigger and better. In 2002, I RECOGNIZING OPERATION APPRECIATION May 20, 1775 on its flag and on its seal to marched with over 120 contingents in the pa- honor the men who signed the Mecklenburg rade. More than 200,000 people attended the Declaration. And to further honor them I ask street fair in the shadow of the Capitol; and HON. GEORGE RADANOVICH that their names be placed in the Congres- hundreds of vendors and organizers had OF CALIFORNIA sional Record. Such men should not ever be stalls, booths, and pavilions. The street fair IN THE HOUSE OF REPRESENTATIVES forgotten, lest we forget the freedom we hold featured over five hours of local entertainers so dear. and national headline performers. Tuesday, May 20, 2003 The citizens of the District of Columbia and Mr. RADANOVICH. Mr. Speaker, I rise Signers of the Mecklenburg Declaration of I feel a special affinity to any American who today to recognize Operation Appreciation, a Independence: General Thomas Polk, Robert does not share all the rights and privileges en- community event sponsored by news talk Irwin, William Graham, Hezekiah Alexander, joyed by most citizens of the United States. I radio, KMJ580, which will be honoring indi- John Flennegin, John Queary, Matthew note that it has been eight years since the Ma- vidual citizens along with a special recognition McClure, David Reese, Ephraim Brevard, jority changed a historic rule and the District of to the men and women from the Lemoore Adam Alexander, Abraham Alexander, John Columbia lost the first vote we ever won on Naval Air Station who served in Operation Phifer, John Foard, Ezra Alexander, Waightstill the floor of the House of Representatives, in Iraqi Freedom. Operation Appreciation took Avery, John Davidson, Hezekiah J. Balch, the Committee of the Whole, the least we place on Saturday, May 17, at the California James Harris, Richard Barry, Charles Alex- were entitled to. I remind this body that our Army National Guard in Fresno, CA. The ander, Benjamin Patton, Richard Harris, Neil city of 600,000 residents is the only jurisdiction funds raised will benefit the Veterans Adminis- Morrison, William Kennon, Henry Downs, in the United States subject to ‘‘Taxation With- tration. Zaccheus Wilson, and John McKnitt Alex- out Representation.’’ The individuals being honored provided in- ander. My Lesbian, Gay, Bisexual, and valuable service by volunteering their time on- Transgendered constituents feel this denial air to keep the citizens of the Central Valley of f more acutely than most. Every April 15th they California informed and up-to-date on the in- bear all the responsibilities of our democracy terests and actions of the war. Those recog- SPEAKING OUT FOR FAIRNESS IN yet are denied complete access to its power to nized were: Col. John Summerville (retired)— TELECOMMUNICATIONS redress the injustices that befall Lesbian, Gay, Marines, Military Strategist, Victor Davis Han- Bisexual, and Transgendered Americans. sen, Professor Bruce Thornton from California Today many are serving their country in Iraq State University, Fresno, and Brig. General Ed HON. CIRO D. RODRIGUEZ and in the military throughout the world, as Munger (retired)—Army. OF TEXAS District residents have in every United States’ Mr. Speaker, it is my pleasure to recognize IN THE HOUSE OF REPRESENTATIVES war without a vote on war and peace, or any and applaud Operation Appreciation and the other issue. individuals who were honored. I urge my col- Tuesday, May 20, 2003 Similarly, Congress has not yet protected leagues to join me in extending our apprecia- sexual orientation from discrimination in our tion and best wishes to our military, veterans, Mr. RODRIGUEZ. Mr. Speaker, I rise today country. Despite increasing reports of violence the honorees, and KMJ580 radio. to express my concerns about the ongoing and physical abuse against Lesbian, Gay, Bi- f delay in the release of telecommunications sexual, and Transgendered Americans, Con- competition rules. It has been three months gress has not enacted protections against MECKLENBURG DECLARATION OF since the Federal Communications Commis- hate crimes. Congress must pass the Employ- INDEPENDENCE sion issued their ruling on the regulation of ment Non-Discrimination Act (ENDA). Con- broadband technology, and we are still waiting gress must pass the Hate Crimes Prevention HON. SUE WILKINS MYRICK for the rules of competition determined by that Act. Congress must pass the Permanent Part- OF NORTH CAROLINA ruling to be released. ners Immigration Act. Congress must pass the IN THE HOUSE OF REPRESENTATIVES This delay leaves local phone companies No Taxation Without Representation Act. and internet service providers without the in- In June, we will rejoice in the accomplish- Tuesday, May 20, 2003 formation they need to make good business ments of the Lesbian, Gay, Bisexual, and Mrs. MYRICK. Mr. Speaker, two hundred decisions. Without knowing the rules under Transgendered community. We also will re- and twenty-eight years ago on this date, May which they must operate, they cannot make member those who live on only in our hearts 20, 1775, the Scotch-Irish residents of Meck- determinations about how and where to invest and prayers. As we ‘‘Celebrate Pride’’ and re- lenburg County, North Carolina declared them- in research and development of new services flect, we must continue the fight for full de- selves no longer subject to British rule. The and new technologies. However, the ultimate mocracy for the District of Columbia and full day after the battle of Lexington, the Com- losers in this situation are American families civil rights for the Lesbian, Gay, Bisexual, and mittee of Mecklenburg County, North Carolina, and businesses who want and need reliable Transgendered people in the United States of which was led by the Polk and Alexander fam- broadband service. America. ilies, drafted a document we refer to today as Mr. Speaker, I ask the House to join me in The Mecklenburg Declaration of Independ- The telecommunications industry is the saluting the 28th Annual Capital Pride Fes- ence. In short, this document declared that the backbone of our nation’s economy. Not only tival; its organizer: Whitman-Walker Clinic, and citizens of Mecklenburg County had dissolved are hundreds of thousands of America’s work- the sponsors and volunteers whose dedicated all ties with Great Britain, and declared itself ers employed in telecommunications, but the and creative energy make the Capital Pride free and its people independent. One of my services that these companies provide are Festival possible. staff members, Andy Polk, is a direct descend- vital to every business in the United States. f ant of the Polk and Alexander families. Without the ability to quickly and accurately move data, commerce is threatened, and our PERSONAL EXPLANATION As a member of Congress who represents much of Mecklenburg County, North Carolina, position in the global marketplace is weak- I must say that I am very proud to represent ened. HON. SAM GRAVES an area that is so rich in history and so dedi- I urge the FCC to act immediately to release OF MISSOURI cated to freedom. Ever since May 20, 1775, the rules for competition. Without these rules, IN THE HOUSE OF REPRESENTATIVES the citizens of Mecklenburg County have been the telecommunications industry cannot move Tuesday, May 20, 2003 a freedom loving people who have laid down forward with development of the broadband in- Mr. GRAVES. On Monday, May 19, 2003, I their lives so that others might experience the frastructure that will keep our economy and was unavoidably delayed and thus missed roll- greatness of being a free people, who have our nation on the path to recovery and growth.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.034 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1009 REGARDING THE THIRD ANNIVER- Tina Burgess-Coan, affectionately known as nie Iverson Wood, who has been teaching SARY OF THE ELECTION OF TAI- ‘‘Mama Tina,’’ was born in Colombia, South music and directing choirs for more than 75 WAN’S PRESIDENT CHEN SHUI- America. In Colombia, she studied with the years—and plans to continue teaching stu- BIAN Carmelite Sisters and acquired the spiritual dents after her 95th birthday on May 26th. foundation for a life of charity and giving. Her This remarkable teacher and musician got HON. JAMES R. LANGEVIN relationship with the Carmelite Sisters contin- her start in music at Pine Tree Academy in OF RHODE ISLAND ued to grow and guide her life of social and her native Maine, and continued her education IN THE HOUSE OF REPRESENTATIVES political activism. in voice and foreign languages at Columbia Tuesday, May 20, 2003 On her way to San Francisco she spent Union College in Takoma Park, Maryland and time in Hollywood where she perfected her Catholic University of America. She took les- Mr. LANGEVIN. Mr. Speaker, three years glamorous style, but we are so fortunate that sons in voice, choir conducting and piano in ago, Mr. Chen Shui-bian was democratically she chose our city of San Francisco to be her the United States, Europe and the Far East. elected president of the Republic of China on home. With her husband, Dr. Wilton Wood, Mrs. Taiwan. His election showed the world that Mama Tina came into my life during my first Wood went to China, where she taught at Far democracy was alive and well and could eas- term in Congress. Through the years, she Eastern Academy in Shanghai and Hong ily thrive in a Chinese society like Taiwan. continued to extend her loving support and Kong. She has taught music and conducted During the last three years, President Chen generosity to my family and friends. She was choirs at the Baltic Union Seminary in Riga, has continued his democratization program for actively involved throughout the San Francisco Latvia; the Malayan Seminary in Singapore; Taiwan, which today has free elections at community, serving numerous neighborhood and the Philippine Union College. Back in the every level, a totally free press and a strong groups and individuals. Always there when United States, she taught at Columbia Union record on human rights. Taiwan continues to she was needed, she gave abundantly of her College for 10 years and at Andrews Univer- set an excellent example for other nations to time, her wisdom, and her delicious home- sity in Michigan for 16 years. follow. cooked meals. Mrs. Wood has conducted choirs around the Moreover, President Chen has on many oc- Words cannot express my appreciation for world, and organized major musical events casions stressed that Taiwan and China must Mama Tina’s many years of love, generosity, such as Handel’s Messiah and Brahms’ Req- work together to discuss issues of mutual in- and friendship to my family and the San Fran- uiem. She personally sang for President Tru- terest. President Chen has asked the Chinese cisco community. Wherever she went, she man, and her choirs performed for Presidents mainland authorities to respect human rights made everyone feel a part of a large, caring Eisenhower and Nixon. Her choral groups also and to accept the political reality that the two family. She was one of a kind. sang a yearly memorial service at the Tomb of sides of the Strait are ruled separately by We will miss Mama Tina terribly but are the Unknown Soldier in Arlington, Virginia. equal political entities. Any progress toward grateful for every day we had with her. Many of Mrs. Wood’s musical groups have improved cross-strait relations must ensure f performed live on radio programs, including an protection of the interests of the 23 million a cappella choral group from Columbia Union people living in the Republic of China on Tai- JUSTIN CAGE—INDIANA MR. College that gave weekly Sunday perform- wan. BASKETBALL ances. She also organized the choir music for As a first step toward resumption of cross- the Seventh-Day Adventist Church General strait dialogue, China should remove its mili- Conference Session in Cleveland in 1958. tary forces along Taiwan’s coast. China has HON. JULIA CARSON In addition to her long career as a music deployed 350 short-range missiles aimed at OF INDIANA teacher, Mrs. Wood was a grade school Taiwan and is adding 50 missiles a year. In- IN THE HOUSE OF REPRESENTATIVES teacher for 11 years. Her use of phonics stead of threatening with military might, I hope Tuesday, May 20, 2003 helped her first grade class to be able to read the two sides will work to resolve disputes and Ms. CARSON of Indiana. Mr. Speaker, I rise at least one grade level above average by the differences peacefully. to commend Justin Cage, Indiana Mr. Basket- As the people of Taiwan prepare to cele- end of each school year. The method was so ball 2003, from Indianapolis, IN. successful she was asked to train other teach- brate their president’s third anniversary in of- A senior at Pike High School, Justin Cage fice, I also stress my support for the granting ers in its use. has already had a phenomenal basketball ca- Mr. Speaker, as she reaches her 95th year, to Taiwan of observer status at the World reer as a team member of the Pike Red Devils Minnie Iverson Woods continues to teach and Health Assembly this May. As the outbreak of Boys Basketball team. Not only has he been mentor several dozen private students, and to SARS threatens Asia and the world, Taiwan named Indiana Mr. Basketball 2003, he also be active on the Sabbath School Music Com- must be included in all World Health Organiza- led his team to win the Indiana State Boys mittee. Her students from 75 years of teaching tion activities. Secretary of State Colin Powell Basketball Championship (Class 4A). The Pike will gather this week in a special Vespers con- recently said, ‘‘infectious disease knows no Red Devils finished the season with a perfect cert to honor this wonderful teacher. Please borders and requires an effective and coordi- record of 29–0. join me in thanking her for a lifetime of making nated response at local, national and inter- As a four year starter for Pike High School, a joyful noise, and wishing her well in the national levels.’’ It is now time for Taiwan to Justin also contributed to winning the state years to come. be included in the global campaign for the pro- title in 2001 and finished runner up for 2002. f tection of public health. Justin finished the season averaging 13.4 I hope my colleagues will join me in sup- points and a team high of 7.0 rebounds. THIRD ANNIVERSARY FOR porting these important goals. Thank you, Mr. He will continue his basketball career at Xa- PRESIDENT CHEN SHUI-BIAN Speaker. vier University in Cincinnati, OH, where Justin f plans to major in Business Administration. HON. EDOLPHUS TOWNS IN HONOR OF TINA BURGESS-COAN I ask the House of Representatives to join OF NEW YORK me in saluting this extraordinary young man in IN THE HOUSE OF REPRESENTATIVES his myriad achievements. HON. NANCY PELOSI Tuesday, May 20, 2003 OF CALIFORNIA f Mr. TOWNS. Mr. Speaker, The Republic of IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO MINNIE IVERSON China on Taiwan will be celebrating their Tuesday, May 20, 2003 WOOD, STILL TEACHING MUSIC President’s third anniversary in office this May. Ms. PELOSI. Mr. Speaker, it is with great ON HER 95TH BIRTHDAY I join Taiwan’s friends in extending my con- personal sadness that I rise to pay tribute to gratulations to Taiwan President Chen Shui- Tina Burgess-Coan, who died peacefully on HON. JERRY LEWIS bian. May 12, 2003. Beloved wife of the late Judge OF CALIFORNIA During the last 3 years, Taiwan’s president George ‘‘Papito George’’ Coan and devoted IN THE HOUSE OF REPRESENTATIVES has strengthened relations with the United mother of William and Robert Burgess, she States. Taiwan has given us full support in our was a friend to so many and we were blessed Tuesday, May 20, 2003 war against global terrorism and our war with to have her with us. Thank you, William and Mr. LEWIS of California. Mr. Speaker, I Iraq and offered humanitarian assistance to Robert, for sharing your wonderful mother with would like today to join the people of Loma post-war Iraq. Taiwan is our friend and we ap- us. Linda, California, in singing the praises of Min- preciate Taiwan’s friendship.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.040 E21PT1 E1010 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 We hope Taiwan will have an early resump- tion, Peruvian Assistant Secretary of State We wish him and his wife Sharon the very tion of talks with the Chinese mainland. Peace Manuel Rodriguez, and to delegates from all best. and stability in the Taiwan Strait is in every- eight chapters representing AIPEUC. f one’s best interest. The AIPEUC, a nonprofit entity for technical Also, we hope that Taiwan will be success- assistance and support, is made up of 300 as- TRIBUTE TO MORGAN CHU ful in stopping the spread of SARS and that sociated institutions that group Peruvian men Taiwan will receive observer status with the and women from all occupations living in the HON. NANCY PELOSI World Health Organization. United States and Canada. Its purpose is to OF CALIFORNIA Congratulations, President Chen. strengthen the traditional ties of friendship and IN THE HOUSE OF REPRESENTATIVES f cooperation that unite Peru with the United Tuesday, May 20, 2003 States of America and Canada in the sectors CONGRATULATING DOROTHY of education, health, business, arts, and Ms. PELOSI. Mr. Speaker, I rise to pay trib- KELLY GAY AS SHE CELE- sports. ute to Morgan Chu, who is being recognized BRATES 25 YEARS OF AMERICAN The AIPEUC is recognized for many impor- by the American Jewish Committee at its 24th CITIZENSHIP tant achievements including: Promoting the Annual Learned Hand Award Dinner on May ‘‘Nationality Law’’ by which Peruvians residing 21, 2003. This award is named in memory of HON. MICHAEL E. CAPUANO in another country may keep dual nationality; Judge Learned Hand, one of America’s great OF MASSACHUSETTS supporting the victims of the 1996 Nazca jurists and humanitarians, and is being given to Morgan Chu for his ‘‘outstanding leadership IN THE HOUSE OF REPRESENTATIVES Earthquake; constructing an education center in Nazca for 250 children; building a health in the legal profession’’ and his ‘‘strong voice Tuesday, May 20, 2003 center in San Juan de la Virgen in Tumbes for of understanding and good will.’’ Mr. CAPUANO. Mr. Speaker, I rise today to pediatric, dental, and general medicine; sup- Morgan earned an AB (1971), MA (1972), honor Mayor Dorothy Kelly Gay, a friend and porting surgical procedures for harelip for 50 and PhD (1973) from UCLA, an MSL (1974) colleague who is celebrating 25 years of children in Catacaos, Piura; and building a from Yale University and a JD (1976) from American citizenship. Hers is a story of the center for 80 adolescent mothers in Huancyo. Harvard Law School, magna cum laude. He American Dream achieved. Dorothy Kelly Gay, The AIPEUC represents an important sector then clerked for Judge Charles Merrill of the born in Ireland, immigrated to the United of the American community and I am sure my U.S. Court of Appeal for the Ninth Circuit. In States in 1968 to pursue a career in nursing. colleagues are happy to join me in recognizing 1977, he began his career with the well known Today she serves as Mayor of my hometown this commendable organization on the occa- law firm of Irell & Manella, developing a rep- Somerville, Massachusetts. sion of their XIX Annual Convention. utation as one of the nation’s top experts in in- Like so many others who left their homeland f tellectual property, becoming a partner and for the shores of this great Nation, Mayor Kelly serving on the Irell & Manella executive com- Gay has never forgotten why America is a TRIBUTE TO THE HONORABLE mittee for the past 18 years. land of opportunity. Her accomplishments are LARRY COMBEST In his first year at the firm, Morgan distin- a reflection of her commitment to making life’s guished himself by serving as the lead coun- struggles a bit easier for others. As a profes- SPEECH OF sel for Matel, Inc. in a patent infringement trial. sional nurse she fought vigorously on behalf of HON. JEB HENSARLING With his victory in the complex case, he be- her patients for better healthcare services and OF TEXAS came known as an enterprising young trial at- received awards from the Massachusetts IN THE HOUSE OF REPRESENTATIVES torney who knew how to handle the complex Nurses Association. This passion for helping legal issues associated with technology. Since others expanded to elective office when Mayor Monday, May 19, 2003 then, he has won many other landmark cases, Kelly Gay served on the Somerville School Mr. HENSARLING. Mr. Speaker, today we including the first trial involving a patent of Committee from 1986–1993. She served as recognize the distinguished career of my col- computer software. The jury invalidated a pat- an elected member of the Governor’s Council league, friend, and fellow Texan, Congress- ent in favor of his client. from 1992–1998 and was a candidate for man Larry Combest. The National Law Journal describes Morgan Lieutenant Governor in 1998. In 1999 she Mr. Speaker, LARRY COMBEST has faithfully as a ‘‘litigator of complex intellectual property, made history when she was elected represented constituents of the 19th Congres- antitrust and first amendment cases . . . an Somerville’s first female Mayor. sional District of Texas for the last 18 years, innovator.’’ The 2001 survey of company di- Mr. Speaker, Mayor Kelly Gay has received truly representing the very best of West Texas rectors, law school deans, and lawyers by numerous awards and achieved much during from the Panhandle to the Permian Basin. Corporate Board Member named him ‘‘The her years of public service. However, I think As a legislator, LARRY COMBEST has dedi- Best Intellectual Property Lawyer in the Na- her personal story speaks volumes. During her cated his entire career to helping farmers and tion.’’ 25 years of citizenship Mayor Kelly Gay has ranchers, educators and small business own- Throughout his career Morgan has been given back to this country in dedication what ers live the American Dream. recognized for his extraordinary talent, skill she received in opportunity. She is an asset to As the former Chairman and current mem- and success in the field of law. In 1983, he the City of Somerville and the residents she ber of the House Agriculture Committee, was dubbed a ‘‘new superstar,’’ and since serves. I congratulate Mayor Dorothy Kelly LARRY COMBEST has put his background as a then he has continually been listed among the Gay as she celebrates 25 years of American fourth generation West Texas farmer to work ten top trial lawyers, and the most influential citizenship. to improve agriculture in the United States and lawyers in Los Angeles and the nation. He f better the lives of farmers and ranchers every- was named as one of the ‘‘Top Players in where. High-Tech Intellectual Property,’’ and in 1991, TO HONOR THE ASSOCIATION OF Since he was first elected in 1984, LARRY the California Law Business Journal chose PERUVIAN INSTITUTIONS IN THE COMBEST has been a common sense conserv- him as a member of their Dream Team. UNITED STATES OF AMERICA ative leader in Congress, fighting for fiscally Morgan was an Adjunct Professor of Law at AND CANADA responsible government, less regulation and UCLA and served as a judge pro tem. He has lower taxes on American families. served on the Board of Directors of Public HON. ED PASTOR Mr. Speaker, as proof of his outstanding Counsel for many years and is currently a OF ARIZONA service to his constituents, voters in his district member of its Executive Committee. As part of IN THE HOUSE OF REPRESENTATIVES have re-elected LARRY COMBEST by ever in- his pro bono work, Morgan won the reversal of creasing margins each year. You know you’re a first-degree murder conviction for an inmate Tuesday, May 20, 2003 doing something right when the people that on death row whose sentence and conviction Mr. PASTOR. Mr. Speaker, it gives me know you best return you to Congress with had already been upheld by the Supreme great pleasure to rise today to welcome the more than 90 percent of their vote. Court. He is a remarkable man who has used XIX Annual Convention of the Association of On behalf of my colleagues and my fellow his enormous talents to help his community. Peruvian Institutions of America and Canada, Texans, we salute LARRY COMBEST for his Morgan and his wife, Helen, reside in Los AIPEUC, to our Nation’s Capital May 21 to 25, service and his leadership and we thank him Angeles. Known for his penchant for bow ties, 2003. I particularly want to extend warm hos- from the bottom of our hearts for all that he he says he wears them because, ‘‘it is easier pitality to a special participant at this conven- has done for Texas and for America. to lean down and smell the flowers along the

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A20MY8.044 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1011 way.’’ Despite all his accomplishments he is a the Germans as a reprisal for the Cretan re- oppressive invader to preserve the ideals of down-to-earth guy, whose company is down- sistance movement. Yet this resistance lasted freedom, democracy, and the pursuit of hap- right enjoyable. for four years. piness; and (3) commends the PanCretan Association It is our great pleasure and honor to ask our The battle of Crete was to change the final of America or preserving and promoting the colleagues to join us in paying tribute to our outcome of World War II. The Battle of Crete history of Crete and its people. good friend, Morgan Chu, the worthy recipient significantly contributed in delaying Hitler’s f of 2003’s Learned Hand Award. plan to invade Russia. f The invasion was delayed from April to June INTRODUCTION OF THE RURAL of 1941. The 2-month delay in the invasion HEALTHCARE ACCESS IMPROVE- HONORING THE 62ND ANNIVER- made Hitler’s forces face the Russian winter. MENT ACT OF 2003 SARY OF THE BATTLE OF CRETE The Russian snow storms and the sub zero temperatures eventually stalled the Nazi inva- HON. MAX SANDLIN HON. CAROLYN B. MALONEY sion before they could take Moscow or Lenin- OF TEXAS OF NEW YORK grad. This was the beginning of the downfall IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES of the Nazi reign of terror. Tuesday, May 20, 2003 This significant battle and the heroic drive of Tuesday, May 20, 2003 the Cretan people must always be remem- Mr. SANDLIN. Mr. Speaker, I rise today to Mrs. MALONEY. Mr. Speaker, I rise today bered and honored. introduce the Rural Healthcare Access Im- to mark the 62nd anniversary of the Battle of Democracy came from Greece and the Cre- provement Act of 2003. Crete by introducing this House Resolution tan heroes exemplified the courage it takes to Our rural Medicare providers need help. For which recognizes and appreciates the histor- preserve it. too long they have suffered the consequences ical significance of the people of Crete during Today, the courage and fortitude of the Cre- of inadequate Medicare reimbursements that World War II. tan people is seen in the members of the hurt physicians, hurt hospitals and most of all This is a historic event with direct signifi- United Cretan Associations of New York which hurt patients. My constituents in East Texas cance to the allies’ victory of World War II. On is located in Astoria, Queens. have shared their concerns with me and I May 20, 1941, thousands of German para- I congratulate the newly elected officials and know full-well that we don’t finally start acting troopers and gliders began landing on Crete. look forward to working with them. to change this, our Nation’s healthcare deliv- Both the allies and Nazis wanted Crete be- I request my colleagues to join me in hon- ery system and our Nation’s fellow citizens will cause of its strategic location. At that time the oring the Cretans in the United States, suffer irreparably. British controlled the island. Greece, and the diaspora. Last week Senator GRASSLEY bravely stood It was a very strong point on the lifeline to H. RES.— up during the Tax bill debate and offered an India and protected both Palestine and Egypt. Whereas 2003 marks the 62nd anniversary amendment that would help our rural pro- The Nazi invasion force included the elite of the heroic Battle of Crete, which took viders. It passed in an overwhelming bi-par- German paratroopers and glider troops. Hitler place on the Greek island of Crete during tisan vote of 86–12 in the United States Sen- felt this was to be an easy victory, yet he is World War II between Nazi German forces ate. I applaud his efforts and the support from quoted to have said shortly after the invasion, and the people of Crete assisted by the Allied his colleagues in making the unique needs of armies; our rural communities a priority. ‘‘France fell in 8 days. Why is Crete free?’’ Whereas the people of Crete fought tena- The invasion of Crete took 11 days. It re- We should not waste any more time in the ciously during the Battle of Crete, delaying House of Representatives in meeting the sulted in more than 6,000 German troopers for two months the Nazi German invasion of listed as killed, wounded or missing in action. Russia; needs of our rural providers. Today, I offer the The losses to the elite 7th parachute division Whereas this delay forced Nazi German Rural Healthcare Access Improvement Act of were felt so hard by the German Military it sig- forces to invade Russia in the face of the 2003. This bill, similar in scope to Senator nified the end of large-scale airborne oper- brutal Russian winter, changing the final GRASSLEY’s amendment offers real opportuni- ations. outcome of World War II and leading to the ties to assist our rural health care providers. defeat of fascism; This valiant fight by the Cretan people As my colleagues know, the Center for Medi- Whereas many historians agree that the care and Medicaid Services uses a reimburse- began in the first hour of the Nazi airborne in- Battle of Crete was one of the most signifi- vasion. In contrast of the European under- cant battles of World War II; ment formula that favors urban areas over ground movements that took a year or more Whereas the Battle of Crete contributed to rural areas. This formula is deeply flawed after being invaded to activate. saving the free world from Nazi German oc- though and fails to allow our providers to even Young boys, old men and women displayed cupation, thus preserving democracy, free- break even on many of their expenses. My breathtaking bravery in defending their Crete. dom, and human dignity; legislation will directly assist our hospitals by Whereas the Cretan Resistance Movement German soldiers never got used to Cretan equalizing Disproportionate Share Hospital was organized to fight the Nazi German oc- (DSH) Payments, by equalizing urban and women fighting them. They would tear the cupation of the island of Crete; dress from the shoulder of suspected women Whereas for 4 years, the Cretan Resistance rural ‘‘standardized payment’’ levels, by assist- to find bruises from the recoil of the rifle. The Movement inflicted heavy casualties up Nazi ing Critical Access Hospitals, and by estab- penalty was death. German forces, including kidnaping a heav- lishing a floor on the geographic adjustments The Times (London) July 28, 1941 report ily-guarded Nazi German General, setting an of payments for doctors’ services. It will also that ‘‘five hundred Cretan women have been example for all of the people of Europe to improve reimbursement for home health serv- deported to Germany for taking part in the de- follow; ices, ground ambulance services and hospital Whereas the people of Crete suffered sav- outpatient procedures. fense of their native island.’’ age reprisals for their heroic resistance when Another surprise for the German soldiers We can not wait any longer. Our rural com- the Nazi German invaders randomly exe- munities are desperately in need of help and who invaded Crete was the heroic resistance cuted thousands of civilians and burned and of the clergy. A priest leading his parishioners destroyed entire communities; we must answer their call. into battle was not what the Germans antici- Whereas many participants in the Battle of f Crete and the Cretan Resistance Movement pated. MERCURY IN MEDICINE REPORT At Paleochora, Father Stylianos Frantzeskis, later emigrated to the United States and be- came American citizens; and hearing of the German airborne invasion, Whereas many of these citizens became HON. DAN BURTON rushed to his church, sounded the bell, took members of the PanCretan Association of OF INDIANA his rifle and marched his volunteers toward America, an organization comprised of IN THE HOUSE OF REPRESENTATIVES Maleme to write history. Greek Americans with ancestry from the is- This struggle became an example for all Eu- land of Crete and committed to preserving Tuesday, May 20, 2003 rope to follow in defying German occupation and promoting the rich culture and proud Mr. BURTON of Indiana. Mr. Speaker, I and aggression. history of Crete: Now, therefore, be it submit the following report prepared by the The price paid by the Cretans for their val- Resolved, That the House of Representa- staff of the Subcommittee on Human Rights tives— iant resistance to Nazi forces was high. Thou- (1) observes the memory of the fallen he- and Wellness, Committee on Government Re- sands of civilians died from random execu- roes of the Battle of Crete; form. This report is the result of a three-year tions, starvation, and imprisonment. Entire (2) honors the living men and women of investigation initiated in the Committee on communities were burned and destroyed by Crete who, during World War II, fought an Government Reform.

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MERCURY IN MEDICINE—TAKING UNNECESSARY important. FDA will allow a product to The scientific evidence in this area is consid- RISKS present more of a risk when its potential ered by some to still be inconclusive, in I. EXECUTIVE SUMMARY benefit is great—especially for products used large part due to the lack of serious, effec- to treat serious, life-threatening condi- tive inquiry by our health agencies. The fed- Vaccines are the only medicines that tions.’’ eral government has an obligation to vigor- American citizens are mandated to receive This argument—that the known risks of ously pursue the necessary research to deter- as a condition for school and day care at- infectious diseases outweigh a potential risk mine the extent of the impact of these tendance, and in some instances, employ- of neurological damage from exposure to thi- heightened exposures to ethylmercury on ment. Additionally, families who receive fed- merosal in vaccines, is one that has continu- our population. eral assistance are also required to show ously been presented to the Committee by proof that their children have been fully im- A second concern that arose during the in- government officials. FDA officials have vestigation was the continued use of mer- munized. While the mandate for which vac- stressed that any possible risk from thimer- cury in dental amalgams. Mercury has been cines must be administered is a state man- osal was theoretical: that no proof of harm used as a component in dental fillings since date, it is the Federal Government, through existed. Upon a thorough review of the sci- the Civil War era. The American Dental As- the Centers for Disease Control and Preven- entific literature and internal documents sociation and its member dentists have tion (CDC) and its Advisory Committee for from government and industry, the Com- taken a position that the mercury in fillings, Immunization Practices that make the Uni- mittee did in fact find evidence that thimer- which are considered toxic until placed in versal Immunization Recommendations to osal posed a risk. The possible risk for harm the tooth, and is considered toxic when re- which the majority of states defer when de- from either low dose chronic or one time moved from the mouth, is completely safe termining mandates. Since the early to mid– high level (bolus dose) exposure to thimer- while in the human mouth. This position 1990s, Congress has been concerned about the osal is not ‘‘theoretical,’’ but very real and danger posed by mercury in medical applica- documented in the medical literature. seems counter even to the ADA-funded re- tions, and in 1997, directed the Food and Congress has long been concerned about search that shows the daily release of small Drug Administration (FDA) to evaluate the the human exposure to mercury through amounts of mercury vapors in the human human exposure to mercury through foods medical applications. As a result of these mouth where dental amalgams are present, and drugs. concerns, in 1997, Congress instructed the as well as minute chipping and swallowing of In 1999, following up on the FDA evalua- FDA to evaluate the human exposure to mer- the mercury fillings over time. tion and pursuant to its authority, the House cury through drugs and foods. Through this Babies and young children are exposed to Committee on Government Reform initiated Congressionally mandated evaluation, the this additional mercury. As developing an investigation into the dangers of exposure FDA realized that the amount of fetuses, babies are exposed to mercury to mercury through vaccination. The inves- ethylmercury infants were exposed to in the through the placenta. If pregnant women tigation later expanded to examine the po- first six months of life through their manda- have mercury amalgams, they are unknow- tential danger posed through exposure to tory vaccinations exceeded the Environ- ingly excreting low levels of mercury on a mercury in dental amalgams. This full com- mental Protection Agency’s (EPA) limit for daily basis to their fetuses. Additionally, mittee investigation complemented and a closely associated compound children who receive dental services through built upon the investigations initiated by methylmercury. The FDA and other Federal Medicaid are also potentially exposed to two of its subcommittees. In January 2003, agencies determined that in the absence of a mercury. When these children need dental the investigation continued in the newly specific standard for ethylmercury, the lim- fillings, because of the low cost, only mer- formed Subcommittee on Human Rights and its for ingested methylmercury should be cury amalgams are available for use. This Wellness. used for injected ethylmercury. The Insti- concern remains under investigation by the A primary concern that arose early in the tute of Medicine, in 2000, evaluated the Subcommittee on Human Rights and investigation of vaccine safety was the expo- EPA’s methylmercury standard and deter- Wellness. sure of infants and young children to mer- mined that based upon scientific data that II. FINDINGS AND RECOMMENDATIONS cury, a known toxin, through mandatory it, rather than the FDA’s, was the scientif- childhood immunizations. This concern had ically validated safe exposure standard. A. Findings been raised as a possible underlying factor in Rather than acting aggressively to remove Through this investigation of pediatric the dramatic rise in rates of late-onset or thimerosal from children’s vaccines, the vaccine safety, the following findings are ‘‘acquired’’ autism. The symptoms of autism FDA and other agencies within the Depart- made: are markedly similar to those of mercury ment of Health and Human Services (HHS) poisoning. adopted an incremental approach that al- 1. Mercury is hazardous to humans. Its use Significant concern has been raised about lowed children to continue to be exposed to in medicinal products is undesirable, unnec- the continued use of mercury in medical ap- ethylmercury from vaccines for more than essary and should be minimized or elimi- plications decades after the recognition that two additional years. In fact, in 2001, the nated entirely. mercury can be harmful, especially to our Centers for Disease Control and Prevention 2. For decades, ethylmercury was used ex- most vulnerable population—our children. (CDC) refused even to express a preference tensively in medical products ranging from This report will address one form of mercury for thimerosal-free vaccines, despite the fact vaccines to topical ointments as preserva- in medical applications, Thimerosal, as a that thimerosal had been removed from al- tive and an anti-bacteriological agent. preservative in vaccines. most every childhood vaccine produced for 3. Manufacturers of vaccines and thimer- In July 2000, it was estimated that 8,000 use in the United States. osal, (an ethylmercury compound used in children a day were being exposed to mer- On three occasions in the last 15 years, vaccines), have never conducted adequate cury in excess of Federal guidelines through changes have been made to vaccine policies testing on the safety of thimerosal. The FDA their mandatory vaccines. to reduce the risk of serious adverse effects. has never required manufacturers to conduct One leading researcher made the following First, a transition from oral polio vaccine to adequate safety testing on thimerosal and statement to the Committee in July 2000: injected polio was accomplished in the ethylmercury compounds. ‘‘There’s no question that mercury does United States to reduce the transmission of 4. Studies and papers documenting the not belong in vaccines. vaccine-induced polio. Second, an acellular hyperallergenicity and toxicity of thimer- ‘‘There are other compounds that could be pertussis vaccine was developed and a transi- osal (ethylmercury) have existed for decades. used as preservatives. And everything we tion from DTP to DTaP was accomplished to 5. Autism in the United States has grown know about childhood susceptibility, reduce the risk of pertussis—induced seizures at epidemic proportions during the last dec- neurotoxicity of mercury at the fetus and at in children. And third, when the Rotashield ade. By some estimates the number of autis- the infant level, points out that we should vaccine for rotavirus was linked to a serious tic children in the United States is growing not have these fetuses and infants exposed to bowel condition (intersucception), it was re- between 10 and 17 percent per year. The med- mercury. There’s no need of it in the vac- moved from the U.S. market. Ethylmercury ical community has been unable to deter- cines.’’ has been largely removed from every major mine the underlying cause(s) of this explo- The Food and Drug Administration’s childhood vaccine manufactured for use in sive growth. (FDA) mission is to ‘‘promote and protect the United States, except the influenza vac- the public health by helping safe and effec- cine, which continues to contain trace 6. At the same time that the incidence of tive products reach the market in a timely amounts. autism was growing, the number of child- way, and monitoring products for continued This success, however, does not change the hood vaccines containing thimerosal was safety after they are in use.’’ However, the fact that millions of American children were growing, increasing the amount of FDA uses a subjective barometer in deter- exposed to levels of mercury through vac- ethylmercury to which infants were exposed mining when a product that has known risks cines that exceeded comparable federal threefold. can remain on the market. According to the guidelines. Many parents, and a growing 7. A growing number of scientists and re- agency, ‘‘at the heart of all FDA’s product number of scientists, believe that this mer- searchers believe that a relationship between evaluation decisions is a judgment about cury exposure may have contributed to the the increase in neurodevelopmental dis- whether a new product’s benefits to users explosive growth in autism spectrum dis- orders of autism, attention deficit hyper- will outweigh its risks. No regulated product orders, and neurological and behavioral dis- active disorder, and speech or language is totally risk-free, so these judgments are orders that this country has experienced. delay, and the increased use of thimerosal in

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.053 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1013 vaccines is plausible and deserves more scru- B. Recommendations and mercury that dentists use to fill cavities tiny. In 2001, the Institute of Medicine deter- 1. Access by independent researchers to the in teeth. mined that such a relationship is bio- Vaccine Safety Datalink database is needed Mercury comes in many different forms— logically plausible, but that not enough evi- for independent replication and validation of organic, inorganic, elemental, and metallic. dence exists to support or reject this hypoth- CDC studies regarding exposure of infants to As a result of its many practical uses, mer- esis. mercury-containing vaccines and autism. cury became widespread in the environment. 8. The FDA acted too slowly to remove The current process to allow access remains However, it is now widely recognized that ethylmercury from over-the-counter prod- inadequate. overexposure to all forms of mercury can ucts like topical ointments and skin creams. 2. A more integrated approach to mercury harm the central nervous system (brain) and Although an advisory committee determined research is needed. There are different routes the renal system (kidneys). This has led to that ethylmercury was unsafe in these prod- that mercury takes into the body, and there regulatory actions to reduce the exposure of ucts in 1980, a rule requiring its removal was are different rates of absorption. Mercury humans to mercury on many fronts. Accord- not finalized until 1998. bioaccumulates; the Agency for Toxic Sub- ing to the Agency for Toxic Substances and 9. The FDA and the CDC failed in their stances and Disease Registry (ATSDR) clear- Disease Registry (ATSDR): ‘‘The nervous duty to be vigilant as new vaccines con- ly states: ‘‘This substance may harm you.’’ system is very sensitive to all forms of mer- taining thimerosal were approved and added Studies should be conducted that pool the re- cury.’’ to the immunization schedule. When the sults of independent research that has been B. Thimerosal, which contains ethylmercury, Hepatitis B and Haemophilus Influenzae done thus far, and a comprehensive approach has been used in medicines since the 1930’s Type b vaccines were added to the rec- should be developed to rid humans, animals, In addition to its many commercial appli- ommended schedule of childhood immuniza- and the environment of this dangerous toxin. cations, mercury has been used in a number tions, the cumulative amount of 3. Greater collaboration and cooperation of medical applications. One such product ethylmercury to which children were ex- between federal agencies responsible for safe- that came into frequent use during the twen- posed nearly tripled. guarding public health in regard to heavy tieth century was thimerosal. Thimerosal is 10. The amount of ethylmercury to which metals is needed. an organic compound made up of equal parts children were exposed through vaccines prior 4. The President should announce a White of thiosalicylic acid and ethylmercury. It is to the 1999 announcement exceeded two safe- House conference on autism to assemble the 49.6 percent ethylmercury by weight. ty thresholds established by the Federal gov- best scientific minds from across the country Thimerosal was developed by Dr. Morris ernment for a closely related substance— and mobilize a national effort to uncover the Kharasch (1895–1957; Ukraine/USA), a chem- methylmercury. While the Federal Govern- causes of the autism epidemic. ist and Eli Lilly fellow first at the Univer- 5. Congress needs to pass legislation to in- ment has established no safety threshold for sity of Maryland (1922–1927) and then at the clude in the National Vaccine Injury Com- ethylmercury, experts agree that the University of Chicago. He filed for a patent pensation Program (NVICP) provisions to methylmercury guidelines are a good sub- on June 27, 1929, for what he described as an allow families who believe that their chil- stitute. Federal health officials have con- alkyl mercuric sulfur compound (thimer- dren’s autism is vaccine-induced the oppor- ceded that the amount of thimerosal in vac- osal), which he felt had potential as an anti- tunity to be included in the program. Two cines exceeded the EPA threshold of 0.1 septic and antibacterial product. Dr. provisions are key: First, extending the stat- micrograms per kilogram of bodyweight. In Kharasch was considered a pioneer in his ute of limitations as recommended by the fact, the amount of mercury in one dose of field, contributing to the development of Advisory Commission on Childhood Vaccines DTaP or Hepatitis B vaccines (25 micrograms plastics and the creation of synthetic rubber. from 3 to 6 years. Second, establishing a one each) exceeded this threshold many times He also went on to found the Journal of Or- to two-year window for families, whose chil- over. Federal health officials have not con- ganic Chemistry. ceded that this amount of thimerosal in vac- dren were injured after 1988 but who do not In October 1929, Eli Lilly and Company reg- cines exceeded the FDA’s more relaxed fit within the statute of limitations, to have istered thimerosal under the trade name threshold of 0.4 micrograms per kilogram of the opportunity to file under the NVICP. Merthiolate. Merthiolate was used to kill 6. Congress should enact legislation that body weight. In most cases, however, it bacteria and prevent contamination in anti- prohibits federal funds from being used to clearly did. septic ointments, creams, jellies, and sprays provide products or pharmaceuticals that 11. The actions taken by the HHS to re- used by consumers and in hospitals. Thimer- contain mercury, methylmercury, or move thimerosal from vaccines in 1999 were osal was also used in nasal sprays, eye drops, ethylmercury unless no reasonable alter- not sufficiently aggressive. As a result, thi- contact lens solutions, immunoglobulins, native is available. merosal remained in some vaccines for an and most importantly here—vaccines. 7. Congress should direct the National In- additional two years. Thimerosal was patented the same year stitutes of Health to give priority to re- 12. The CDC’s failure to state a preference that Alexander Fleming discovered peni- search projects studying causal relationships for thimerosal-free vaccines in 2000 and again cillin. But because it took more than a dec- between exposure to mercury, in 2001 was an abdication of their responsi- ade for penicillin to be fully developed, and methylmercury, and ethylmercury to autism bility. As a result, many children received large-scale production to begin, thimerosal spectrum disorders, attention deficit dis- vaccines containing thimerosal when thi- was widely used in the interim. To the med- orders, Gulf War Syndrome, and Alzheimer’s merosal-free alternatives were available. ical profession, who were without antibiotics Disease. 13. The Influenza vaccine appears to be the during the 1930’s and 1940’s, thimerosal (mar- sole remaining vaccine given to children in III. THIMEROSAL HAS BEEN USED IN VACCINES keted as Merthiolate) and other antiseptic the United States on a regular basis that AND OTHER MEDICAL PRODUCTS FOR DECADES products were gladly received. contains thimerosal. Two formulations rec- A. A brief description of mercury Dr. H. Vasken Aposhian, Professor of Mo- ommended for children six months of age or Mercury is a silver-colored metal, which lecular and Cellular Biology and Pharma- older continue to contain trace amounts of unlike any other metal, is a liquid at room cology, University of Arizona discussed thimerosal. Thimerosal should be removed temperature. It flows so easily and rapidly thimerosal’s history during Congressional from these vaccines. No amount of mercury that it is sometimes called quicksilver. The testimony: is appropriate in any childhood vaccine. chemical symbol for Mercury is Hg. ‘‘In the early thirties, in fact the 1940’s and 14. The CDC in general and the National Mercury has many properties that have up until the mid–1950’s, mercurials were used Immunization Program in particular are made it popular for a number of commercial in medicine . . . The medical community conflicted in their duties to monitor the uses. For example, mercury expands and con- . . . had nothing better to use. They had safety of vaccines, while also charged with tracts evenly when heated or cooled. It also nothing better to use as a preservative at the responsibility of purchasing vaccines for remains liquid over a wide range of tempera- that time than thimerosal. And I would ven- resale as well as promoting increased immu- tures and does not stick to glass. These prop- ture the opinion that it has just been going nization rates. erties have prompted its use in thermom- on because no one has objected to it. And 15. There is inadequate research regarding eters. Mercury conducts electricity and is there’s no need for it any longer. And I don’t ethylmercury neurotoxicity and used in some electric switches and relays to know any medical community or scientific nephrotoxicity. make them operate silently and efficiently. community that would agree to the need for 16. There is inadequate research regarding Industrial chemical manufacturers use mer- having thimerosal in any vaccine.’’ the relationship between autism and the use cury in electrolysis cells to charge sub- Thimerosal became the most widely used of mercury-containing vaccines. stances with electricity. Mercury vapor, used preservative in vaccines and other medical 17. To date, studies conducted or funded by in fluorescent lamps, gives off light when products. Its use in antiseptic products to the CDC that purportedly dispute any cor- electricity passes through it. Before its prevent infections was common. By the time relation between autism and vaccine injury health effects were well understood, mercury that the FDA conducted its review of mer- have been of poor design, under-powered, and compounds were widely used in such com- cury in 1999, more than 50 licensed vaccines fatally flawed. The CDC’s rush to support mon products as house paints and paper. contained thimerosal. and promote such research is reflective of a Various alloys (mixtures of metals) con- While thimerosal became widely used, philosophical conflict in looking fairly at taining mercury have many uses. Mercury there were repeated references in the sci- emerging theories and clinical data related alloys are called amalgams. These would in- entific literature to the lack of substantial to adverse reactions from vaccinations. clude silver amalgam, a mixture of silver understanding of its safety. In numerous

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.054 E21PT1 E1014 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 publications, researchers suggested that cau- searching methylmercury. Today, the sci- prove thimerosal was safe. They failed to re- tion be taken in human exposure. For exam- entific literature is replete with evidence on quire industry to conduct adequate testing ple, a paper published in 1934 noted, ‘‘little is toxic effects of methylmercury. In 2000, the to determine how thimerosal is metabolized. known about the mercuric compounds when National Academy of Sciences published The FDA failed to require that industry con- inoculated into humans. It is therefore pref- Toxicological Effects of Methylmercury, duct studies to determine the maximum safe erable to use the minimum amount of this which concluded: exposure level of thimerosal. These basic preservative.’’ Methylmercury is highly toxic. issues should have been proven prior to the Eli Lilly ceased its production of vaccines The data indicate that the adverse effects introduction of thimerosal into the market- in 1974. Shortly after the FDA advisory com- of methylmercury exposure can be expressed place, but more than 70 years after its intro- mittee determined that thimerosal in over- in multiple organ systems throughout the duction, these issues have still not been ade- the-counter products was no longer ‘‘gen- lifespan. quately addressed. The introduction of thi- erally recognized as safe,’’ Eli Lilly and The research in humans on the merosal appears to have been based on a sin- other companies chose to cease production of neurodevelopmental effects of gle uncontrolled and poorly reported human products such as merthiolate and methylmercury is extensive. study in the 1920s, possibly in combination mercurichrome. By the mid–1980’s, Eli Lilly Damage to renal tubules and nephron has with animal and laboratory studies. How- was completely out of the business of manu- been observed following human exposure to ever, this sole human study was not a true facturing or selling thimerosal-containing inorganic and organic forms of mercury. safety study and produced a faulty founda- products. However, thimerosal continued to Symptoms of renal damage have been seen tion on which to build a robust vaccine pro- be used in vaccines. In the 1990’s, thimerosal only at mercury exposures that also caused gram in which young children would be was manufactured by numerous companies, neurological effects. forced to be repeatedly injected with mul- including Sigma-Aldrich, Inc.; EM Indus- The cardiovascular system appears to be a tiple doses of ethylmercury. tries, Inc. (now EMD Chemicals Inc., the target for methylmercury toxicity in the During the pre-antibiotic 1920’s, meningitis North American extension of Merck KGaA); same dose range as neurodevelopmental ef- was a killer. Out of sheer desperation, the treating physician at a hospital dealing with Dow Chemical Company; Spectrum Labora- fects—at very low mercury exposures. dozens of patients facing a sure death from tory Products, Inc. (formerly Spectrum Studies in humans on the carcinogenic ef- meningitis, tested thimerosal on about two- Quality Products, Inc.); and GDL Inter- fects of methylmercury are inconclusive. dozen patients. He injected the thimerosal national, Inc. Methylmercury may increase human sus- intravenously, without apparent side effects. C. Mercury is a known neurotoxin, but ceptibility to infectious disease and auto- However, the treatment was not successful methylmercury has been more carefully stud- immune disorders by damaging the immune and all of the patients died. The leading in- ied than ethylmercury system. dustry scientists of that era involved in thi- Methylmercury may adversely affect the After more than a century of research, it merosal research published a paper that reproductive system. has become widely accepted in the scientific made a brief reference to this study: ‘‘Mer- The medical literature is replete with ref- and medical communities that mercury is a thiolate was injected intravenously into 22 neurotoxin. While debate continues over erences to the dangers to methylmercury: ‘‘The major toxic effects of methylmercury persons . . . these large doses did not what levels of exposure to mercury are safe, produce any anaphylactoid or shock symp- are on the central nervous system. Its toxic it is unquestioned today that overexposure toms.’’ In the paper, the authors acknowl- action on the developing brain differs in both to mercury in any form can cause neuro- edge that Dr. K.C. Smithburn, the clinician mechanism and outcome from its action on logical and renal damage. There is also a who treated the meningitis patients, was not the mature organ . . . the action of growing consensus around the theory that convinced of its efficacy: ‘‘beneficial effects methylmercury on adults is characterized by some individuals are more susceptible to of the drug were not definitely proven.’’ Drs. a latent period between exposure and onset harm from mercury than others, con- Powell and Jamieson also noted in 1930 that of symptoms. The period can be several founding efforts to adopt a population-level a ‘‘wide range of toxicity and injury tests weeks or even months, depending on the dose threshold for safe levels of mercury in the should be done.’’ There is no evidence that and exposure period . . . paresthesia, numb- environment. A research paper published in Drs. Powell and Jamieson took their own ad- 2002 summarized the scientific consensus ness or a ‘pins and needles’ sensation is the vice and conducted studies to address these very succinctly: ‘‘Mercury and its com- first symptom to appear at the lowest dose. concerns. pounds are cumulative toxins and in small This may progress to cerebella ataxia, As a result, in 1999, 70 years after the prod- quantities are hazardous to human health.’’ dysarrthia, constriction of the visual fields, uct was first licensed, neither the FDA nor Because of its many commercial applica- and loss of hearing. . . . Cardiovascular dis- the industry had followed through on deter- tions and its widespread presence in the en- ease . . . accelerated progression of carotid mining a safe exposure level to thimerosal or vironment, methylmercury received the arteriosclerosis.’’ ethylmercury. Thus, when facing a policy de- lion’s share of the attention in the scientific The research is explicit that fetal brains cision on thimerosal and vaccines, the FDA community during the twentieth century. A are more sensitive than the adult brains to had to work from an ‘‘assumption’’ that the concise history of the early development of the adverse effects of methylmercury, which toxicity of ingested methylmercury was the scientific knowledge about methylmercury include: same as injected ethylmercury. is found in Dr. Thomas Clarkson’s, ‘‘The Severe brain damage One study that compared the toxicology of Three Modern Faces of Mercury’’: Delayed achievement of developmental ethyl and methylmercury was published in ‘‘The first methylmercury compounds were milestones 1985 in the Archives of Toxicology, written synthesized in a chemical laboratory in Lon- Neurological abnormalities such as brisk by researchers from the Toxicology Unit of don in the 1860s. Two of the laboratory tech- tendon reflexes the Medical Research Council of England. nicians died of methylmercury poisoning. Widespread damage to all areas of the fetal The researchers exposed rats to ethyl and This so shocked the chemical community brain, as opposed to focal lesions seen in methylmercury to ‘‘compare total and inor- that methylmercury compounds were given a adult tissue ganic mercury concentrations in selected wide berth for the rest of the century . . . Microcephaly tissues, including the brain, after the daily early in the twentieth century the potent Purkinje [neuron] cells failed to migrate to administration of methyl or ethylmercury anti-fungal properties . . . were discovered, the cerebellum and to relate these findings to damage in the leading to applications to seed grains, espe- Inhibition of both cell division and migra- brain and kidneys.’’ This study found that cially for cereal crops . . . Despite the wide- tion, affecting the most basic process in both ethyl and methylmercury caused dam- spread use, few cases of poisoning were re- brain development age to the brains and the kidneys. It also ported for the first half of the twentieth cen- Additionally, elevation in both systolic found that male and female rats were af- tury. However, in the late 1950s and 1960s se- and diastolic blood pressure in seven year fected differently: rious outbreaks of alkyl mercury poisoning olds correlated with prenatal exposure to ‘‘It has been well documented that one of (methylmercury) erupted in several devel- methylmercury . . . indicative of later car- the first toxic effects of methylmercury in oping countries . . . Also in the late 1950s, diovascular problems. rats is depressed weight gain or even weight evidence emerged of environmental damage Despite the fact that ethylmercury has loss . . . based on this criteria, ethylmercury from treated grain. It was observed in Swe- been widely used in common medical treat- proved to be more toxic than methylmercury den that predatory birds were developing ments, ranging from vaccines to nasal sprays . . . in both sexes . . . the concentration of neurological disorders . . . analysis . . . indi- to ointments, comparatively little research total mercury (the sum of organic and inor- cated a sharp rise in mercury levels.’’ has been done on its health effects. The few ganic mercury) and organic mercury was Public health concerns about methylmer- studies that have been done tend to indicate consistently higher in the blood of cury in the edible tissue of fish suddenly that ethylmercury is just as toxic as ethylmercury-treated rats . . . both erupted in 1969 when fish from Lake St. Clair methylmercury. alkymercurials damaged the dorsal root bordering Michigan were found to have high The FDA never required the pharma- ganglia and 9.6 mg Hg/kg/day ethylmercury levels. This and other findings . . . have ceutical industry to conduct extensive safety caused more damage than 8.0 mg Hg/kg/day maintained public health concerns over this studies on thimerosal or ethylmercury. It methylmercury. Ethylmercury was more form of mercury.’’ appears that our Federal regulatory frame- renotoxic than methylmercury . . . tubular As a result of these emerging concerns, work (the FDA and its predecessor organiza- dilation was frequently present . . . in kid- public health officials worldwide began re- tions) failed to require manufacturers to neys . . . both damage and mercury deposits

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.057 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1015 were more widely spread in ethylmercury- Committee, in July 2001, the former Director different minimum risk levels for daily expo- treated rats.’’ of the Environmental Toxicology Program at sure to mercury. Exposure to less than the While there is frequent reference to the the National Institutes of Health, Dr. George minimum risk level is believed to be safe, paucity of science in understanding the harm Lucier, proffered the following conclusions: while exposure that exceeds that level is be- that ethylmercury can do, there is more un- Ethylmercury is a neurotoxin. lieved to increase the chances of injury. All derstanding in the scientific community Infants may be more susceptible than of the levels apply specifically to ingested than government officials have shared with adults. methylmercury. the Committee. The following dialogue be- Ethylmercury should be considered The EPA established the most conserv- tween Congressman Dave Weldon (R–FL) and equipotent to methylmercury as a develop- ative level: 0.1 micrograms of mercury per Dr. David Baskin during the Committee’s mental neurotoxin. This conclusion is clear- kilogram of body weight per day. Under this December 10, 2002 hearing sheds a great deal ly public health protective. standard, an 11–pound baby (roughly 5 kilo- of light onto the true nature of ethyl versus Ethylmercury exposure from vaccines grams) could be exposed to up to 0.5 methylmercury. (added to dietary exposures to methylmerc- micrograms of mercury per day and be con- Dr. Weldon: ‘‘I have a couple of questions ury) probably caused neurotoxic responses sidered safe. This exposure standard is a for Dr. Baskin about ethylmercury versus (likely subtle) in some children. marked contrast to the 25 micrograms of methylmercury. I have had some people say While the debate over whether ethyl or mercury that was contained in several child- that data on methylmercury is fairly good, methylmercury is more toxic will probably hood vaccines until very recently. but we don’t have good data on not be resolved in the near future, a con- The most lenient federal minimum risk ethylmercury. I take it from your testimony sensus appears to be emerging that exposure level for mercury is the FDA’s, which sets its there is actually quite a bit of data on to these different types of mercury cannot be limit at 0.4 micrograms per kilogram of body ethylmercury and it’s as toxic as considered in isolation. Rather, witnesses be- weight per day. (The United Nations’ World methylmercury.’’ fore the Committee stressed that in deter- Health Organization sets a slightly higher Dr. Baskin: ‘‘There is more data, more and mining safe levels of mercury exposure, the limit of 0.47 micrograms per kilogram of more data on ethylmercury. The cells that I cumulative level of exposure to all types of bodyweight per day.) Falling in between is showed you dying in cell culture are dying mercury must be considered. Dr. Jeffrey the U.S. Agency for Toxic Substances and from ethylmercury. Those are human frontal Bradstreet made the following observation Disease Registry (ATSDR) at 0.3 brain cells. You know, there has been a de- at the July 19, 2002 hearing: micrograms. bate about . . . ethyl versus methyl. But ‘‘More concerning to me in the Institute’s In 2000, the National Academy of Sciences from a chemical point of view, most chem- treatment of mercury problems, was the al- issued a report titled, Toxicological Effects ical compounds that are ethyl penetrate into most complete absence of regard for of Methylmercury, validating the EPA’s lower limit as a ‘‘scientifically appropriate cells better than methyl. Cells have a mem- compounding effect of thimerosal on pre- level that adequately protects the public.’’ brane on them, and the membrane is made of existing mercury levels. The NHANES Study lipids, fats. And ethyl as a chemical com- from the CDC had already established that Methylmercury guidelines pound pierces fat and penetrates fat much perhaps one in ten children is born to moth- better than methyl. And so, you know, when ers with elevated mercury burden.’’ Guideline value I began to work with some of the Ph.D.s in for maximum D. Because of its toxicity, mercury has become daily consumption my laboratory and discuss this everyone heavily regulated. Agency (µg/kg/day) Guideline ‘type’ said, ‘oh gosh, you know, we’ve got to adjust (micrograms per As the dangers of mercury have become for ethyl because it’s going to be worse; the kilogram of body- better understood, the United States and weight per day) levels are going to be much higher in the other governments around the world have cells.’ So . . . I think at best they’re equal, EPA 0.1 Reference dose (RfD). but it’s probably highly likely that they are taken actions to reduce the release of mer- ATSDR 0.3 Minimal risk level. worse. And some of the results that we are cury into the environment. In 1972, the fed- FDA 0.4 Tolerable daily intake. eral government halted the use of mercury WHO 0.47 Provisional daily tolerable intake (converted seeing in cell culture would support that.’’ from a weekly tolerable intake). Dr. Baskin explained that according to sci- compounds for many industrial uses, such entific research in humans and animals, the paint used on the hulls of ships and com- The Committee repeatedly heard from gov- brain tissue absorbs five times more mercury pounds used to prevent the growth of fungi ernment officials that merely exceeding the than other tissues in the body. in lumber, because the mercury had leached guideline was not cause for concern. One Dr. Weldon: ‘‘Now, you said several times into the environment and found its way into Merck official, in teaching a Grand Rounds in your testimony that uptake in the brain the human food chain. session to staff in November of 1999, postu- is probably much higher than in other tis- In 1972, while certain agencies within the lated that the minimum risk level would sues. What do you base that statement on?’’ federal government recognized that mercury need to be multiplied by ten to reach a level Dr. Baskin: ‘‘Well, the literature on was a cumulative poison that damaged brain at which harm would be expected through methylmercury is much better than ethyl on cells, the FDA’s vaccine division seems to exposure. Dr. Roberta McKee of Merck this issue. And if you look at the studies, the have ignored the issue until 1999. wrote: brain is 2 percent of the body weight but 1. The EPA is Regulating the Release of ‘‘A number of environmental and public took 10 percent of the exposure. So that’s a Mercury Into the Environment health agencies have set a Minimum Risk five-fold preferential uptake.’’ The Environmental Protection Agency Level (MRL) for toxic substances. An MRL The testimony of Dr. Baskin builds upon (EPA) under the Clean Air Act regulates air- for ingestion is conceptually equivalent to earlier testimony that the Committee re- borne emissions of mercury. In December the Reference Dose of the US Environmental ceived from recognized experts in chemistry, 2000, the EPA announced that it would issue Protection Agency, the Acceptable Daily In- toxicology and pharmacology. It includes the new regulations on the emissions of mercury take of the US FDA, and the Tolerable Daily following statement from Dr. H. Vasken from coal and oil-fired power plants. That Intake of the WHO. Any exposure to the sub- Aposhian, Professor of Molecular and Cel- action was taken because, ‘‘mercury has stance below the MRL is assured to be safe, lular Biology, and Pharmacology at the Uni- been identified as the toxic of greatest con- while exposure to ten times the MRL is as- versity of Arizona, who provided the Com- cern among all the air toxics emitted from sumed to place one at risk of overdose. Expo- mittee the following information about the power plants.’’ sure at or near the MRL is assumed to be evidence on mercury toxicity at the July 18, More recently, President Bush announced safe but should trigger deliberate and careful 2000 hearing: on February 14, 2002, that mercury emissions review.’’ ‘‘The mercury amalgams in your mouth, from power plants would be reduced 69% Based on Dr. McKee’s explanation, many the so-called silver fillings, contain 48 to 50 under his Clear Skies Initiative. Under this babies were exposed to levels of mercury percent of elemental mercury. These fillings plan, mercury emissions would be reduced that ‘‘placed one at risk of overdose,’’ and continuously emit mercury vapor, which will from the current level of 48 tons nationally were exposed to amounts well over ten times go to the brain and is converted to mercuric to 15 tons by 2018. The EPA also regulates the EPA’s scientifically validated reference mercury . . . Certain fish contain methyl- mercury emissions from municipal waste dose. For example, at a recent Committee hearing, Chairman Dan Burton (R–IN) dis- mercury; again, very rapidly taken up from combustors, medical waste incinerators, and cussed his own family’s experience with vac- the GI tract, transported quickly to the hazardous waste incinerators. brain, and converted very slowly to mercuric The EPA works both domestically and cine injuries: ‘‘My grandson received vaccines for nine mercury . . . thimerosal, which again will be internationally to reduce mercury exposures different diseases in one day. He may have taken up by the brain and quickly converted in the environment. The ‘‘Canada-United been exposed to 62.5 micrograms of mercury to mercuric mercury—all three forms are States Strategy for the Virtual Elimination in one day through his vaccines. According neurotoxic. of Persistent Toxic Substances in the Great ‘‘By neurotoxic, we mean it will damage to his weight, the maximum safe level of Lakes Basin’’ is an example of these activi- nerves and it will damage brain tissues. mercury he should have been exposed to in ties. ‘‘Let me just say as a final statement that one day is 1.5 micrograms, so that is 41 times there is no need to have thimerosal in a vac- 2. Different Limits to Exposure to Mercury the amount at which harm can be caused.’’ cine.’’ Have Been Established by Different Agencies According to the analysis of Dr. McKee, In making a presentation to the Institute In the course of regulating mercury, dif- based on the methylmercury ingestion guide- of Medicine’s Immunization Safety Review ferent government agencies have established lines, the Chairman’s grandson would have

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.058 E21PT1 E1016 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 exceeded the ‘‘ten times the MRL’’ and child, it is prudent for nursing mothers and Have areas that might have been contami- therefore was placed ‘‘at risk of overdose.’’ young children not to eat these fish as well.’’ nated by mercury surveyed and decontami- In fact, with a 62.5 microgram exposure In addition to the public advisories, the nated, if necessary. alone, the EPA, ATSDR, and FDA levels FDA, in January of 2001, established an ag- 4. Over the Course of Two Decades, the FDA would have been exceeded by 10 times. Be- gressive ‘‘Education Plan on Methyl Mer- Slowly Removed Ethylmercury From cause the FDA chose not to recall thimer- cury.’’ In January 2001, Associate FDA Com- Many Medicinal Products missioner Melinda Plaiser, responding to osal-containing vaccines in 1999, in addition In 1980, the FDA began a lengthy regu- Congressman William J. Coyne (D–PA) re- to all of those already injured, 8,000 children latory process to remove ethylmercury prod- garding the National Academy of Sciences’ a day continued to be placed ‘‘at risk for ucts from over-the counter products like top- report on Methylmercury, wrote: overdose’’ for at least an additional two ical ointments, diaper rash creams, and con- ‘‘[L]et me reiterate, the FDA’s commit- years. traceptives. Topical ointments are products ment to protecting the public’s health and It should also be noted that none of the used on the skin either for the treatment or the environment regarding mercury.’’ Federal guidelines on mercury exposure have prevention of skin infections or inflam- been included specific provisions for safe ex- Furthermore, in their training materials for employees, the FDA reflects a slightly matory processes. They are typically divided posure limits for infants and children. It is into four categories, first-aid products to be widely accepted that infants and young chil- different emphasis on mercury’s toxicity than what they presented to the Committee: applied to small superficial wounds to pre- dren would be five times more sensitive to vent infection; skin wound protectant to pro- the toxic effect of mercury or other ‘‘People are exposed every day to a tremen- dous number of substances in our environ- vide a protective barrier to small wounds; neurotoxins than adults. ‘‘Exposures early in antibiotic or antifungal creams to prevent or life are reasonably of greater health concern ment. These substances include major and trace elements that may or may not be es- treat overt skin infection; and anti-inflam- . . . because of greater brain organ suscepti- matory agents used to reduce inflammation bility.’’ sential for sustaining life . . . Other ele- ments are not known to be essential but are and inhibit pruritis. The FDA has conceded in recent years that In 1980, the FDA asked their Over-the- many children received doses of ethylmerc- constantly found in living tissues . . . Of these elements that have no known nutri- Counter (OTC) Review Panel to conduct a ury through their vaccinations that exceeded massive review of OTC products. The panel the EPA’s minimal risk level for methyl- tional value, some have been found to be toxic at concentrations well below those of opted to divide the task into categories, one mercury. However, it is also clear that many of which was a review of OTC products con- infants received doses of ethylmercury that other nonessential elements. Lead, cad- mium, and mercury are examples of ele- taining ethylmercury. exceeded the FDA’s higher threshold. As a result of the panel’s work, in 1982, the ments that are toxic when present at rel- FDA issued a proposed rule to ban thimer- 3. Warnings Have Been Issued About Mercury atively low levels.’’ in Seafood Other HHS entities have taken very strong osal from OTC topical ointments. In addition The FDA’s actions regarding the risk of mercury reduction positions. For example, to raising questions about the general effec- medical exposures to mercury have differed the National Institutes of Health’s (NIH) Di- tiveness of thimerosal for preventing infec- greatly from their actions regarding food ex- vision of Safety has initiated a program to tions, the FDA found that thimerosal was posures to mercury. The agency has a long make the NIH mercury-free. According to too toxic for OTC use. Among the findings history of issuing warnings to the public to the Division’s own website: that they published were the following: monitor their fish consumption due to con- ‘‘Elemental (metallic) mercury and its At the cellular level, thimerosal has been cerns about mercury exposure. During the compounds are toxic and exposure to exces- found to be more toxic for human epithelial 1990’s, the FDA repeatedly issued warnings sive levels can permanently damage or fa- cells in vitro than mercuric chloride, mer- advising pregnant women and young children tally injure the brain and kidneys. Ele- curic nitrate, and merbromim to avoid certain fish, or to limit their con- mental mercury can also be absorbed (mercurichrome). It was found to be 35.3 times more toxic for sumption of these fish because of their mer- through the skin and cause allergic reac- embryonic chick heart tissue than for staph- cury content. In September of 1994, the FDA tions. Ingestion of inorganic mercury com- ylococcus aureus. issued an advisory entitled, ‘‘Mercury in pounds can cause severe renal and gastro- Delayed hypersensitivity in 50 percent of Fish: Cause for Concern?’’ in which they intestinal toxicity. Organic compounds of the guinea pigs tested, indicating that thi- stated: mercury such as methylmercury are consid- merosal is highly allergic and that it is rea- ‘‘Swordfish and Shark taste great—espe- ered the most toxic forms of the element. sonable to expect humans to be equally aller- cially grilled or broiled. But reports which Exposures to very small amounts of these gic. state that these and other large predatory compounds can result in devastating neuro- The FDA concluded that while it has been fish may contain methylmercury levels in logical damage and death. suggested that hypersensitivity may be due ‘‘For fetuses, infants, and children, the pri- excess of the Food and Drug Administra- to the thiosalicylate portion of the molecule mary health effects of mercury are on neuro- tion’s 1 part per million (ppm) limit has and not the ethylmercury, this was not con- logical development. Even low levels of mer- dampened some fish lover’s appe- firmed. tites. . .‘there is no doubt that when humans cury exposure, such as result from a moth- They noted a Swedish study which found in are exposed to high levels of methylmercury er’s consumption of methylmercury in die- healthy subjects the following levels of that poisoning and problems in the nervous tary sources, can adversely affect the brain hypersensitivity to thimerosal: 10% of school system can occur’ . . . the types of symp- and nervous system. Impacts on memory, at- children; 16% of military recruits; 18% of toms reflect the degree of exposure . . . tention, language and other skills have been twins, and 26% of medical students. ‘‘During prenatal life, humans are suscep- found in children exposed to moderate levels In 1982, the FDA advisory panel concluded tible to the toxic effects of high methylmerc- in the womb. that thimerosal was not generally recognized ury exposure because of the sensitivity of ‘‘The Campaign for a Mercury Free at the as safe: ‘‘The Panel concludes that thimer- the developing nervous system . . . Methyl- NIH seeks to eliminate, as far as possible, osal is not safe for OTC topical use because mercury easily crosses the placenta, and the the use of mercury in NIH facilities; to en- of its potential for cell damage if applied to mercury concentration rises to 30 percent courage the use of safer alternatives in bio- broken skin and its allergy potential. It is higher in fetal red blood cells than in those medical research; to increase general aware- not effective as a topical antimicrobial be- of the mother . . . none of the studies of ness of mercury hazards; and to prevent mer- cause its bacteriostatic action can be re- methylmercury poisoning victims have cury pollution.’’ versed.’’ clearly shown the level at which newborns This NIH program has initiated a ‘‘Hatters Despite this strong finding, the FDA’s pro- can tolerate exposure . . . Pregnant women Pledge’’ program to recruit scientists to re- posed ban on the OTC use of thimerosal was and women of child bearing age, who may be- duce the use of mercury at the NIH and to not finalized until 1998, 18 years later. At the come pregnant, however, are advised by FDA educate children on the dangers of mercury. time of the OTC review, the industry chose experts to limit their consumption of shark The NIH Hatters Pledge: I will: not to challenge the findings of the Panel re- and swordfish to no more than once a Improve my awareness of mercury hazards garding the toxicity of thimerosal in OTC month.’’ and how to reduce them. products. It is unclear why the FDA chose to Similarly, a March 2001 FDA advisory Replace mercury thermometers and other do nothing for 18 years after a ‘‘not generally states: mercury-containing items with non- or low- recognized as safe’’ finding. ‘‘Some fish contain high levels of a form of mercury alternatives if suitable alternatives Although the FDA went through that 18– mercury called methylmercury that can are available. year regulatory process to remove thimer- harm an unborn child’s developing nervous Dispose of mercury wastes following NIH osal from topical ointments, apparently no system if eaten regularly. By being informed procedures. one at the FDA was prompted to review the about methylmercury and knowing the kinds Report spills of mercury. use of thimerosal in vaccines. Action to re- of fish that are safe to eat, you can prevent On the NIH campus, call the Fire Depart- move thimerosal from vaccines did not begin any harm to your unborn child and still ment (911) who are the NIH hazardous mate- until 1999, in response to the Congressionally enjoy the health benefits of eating sea- rial (HAZMAT) emergency responder. mandated review. This will be discussed in food.. . . While it is true that the primary Off campus, call the local fire department more detail later in this report. danger from methylmercury in fish is to the or facility’s hazardous material (HAZMAT) At the time of the 1999 FDA review on thi- developing nervous system of the unborn emergency responder. merosal, it was learned that over 50 vaccines

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.060 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1017 contained thimerosal. On July 9, 1999, the thimerosal from vaccinations; as a result of Many adult vaccines contain thimerosal. American Academy of Pediatrics joined the the FDA decision to seek a gradual removal, Vaccines containing thimerosal continue many children continued to receive injec- U.S. Public Health Service in issuing a joint to be manufactured in the United States and tions of the DTaP, Hib, and Hepatitis B vac- statement recommending the removal of all delivered through the World Health Organi- thimerosal from vaccines. On its website, the cine that contained mercury well into 2001. zation (WHO) to Third World Countries. The FDA provides the following rationale for its Mercury-containing vaccines manufactured WHO has continued to require the use of policy on thimerosal: in the United States, up to today, continue multi-dose vials and to use preservatives, in- ‘‘Over the past several years, because of an to be administered to infants and small chil- cluding thimerosal, to address storage and increasing awareness of the theoretical po- dren in the United States and abroad. transportation issues. tential for neurotoxicity of even low levels E. Thimerosal is still used in some medical of organomercurials, and because of the in- products Of additional concern to the Committee, creased number of thimerosal-containing While the FDA has taken steps over the but not discussed in detail within this re- vaccines that have been added to the infant last 20 years to remove ethylmercury from port, is the continued use of thimerosal in immunization schedule, concerns about the topical ointments and most pediatric vac- adult vaccines. There is a growing emphasis use of thimerosal in vaccines and other prod- cines, a number of medical products con- on adult immunizations, including getting ucts have been raised. Indeed, because of tinue to contain this preservative. boosters to childhood immunizations. Addi- these concerns, the Food and Drug Adminis- Some nasal and ophthalmic products con- tionally, all new military recruits, active tration has worked with, and continues to taining thimerosal remain on the market. duty, and reserve forces that are deploying work with, vaccine manufacturers to reduce About 75 percent of the flu vaccines, re- overseas are routinely given a large number or eliminate thimerosal from vaccines.’’ cently recommended to be given to children of vaccines, many containing ethylmercury. In 1999, the FDA was criticized by some for as young as six months, contain at least These vaccines are often given consecutively not taking more forceful action to remove trace amounts of thimerosal. and all in the same day. U.S. MILITARY VACCINE SCHEDULE

Vaccine No. Doses Initial entry Troops in US Deployed Region or other Thimerosal content

Anthrax ...... 6 + annual ...... N/A ...... N/A ...... 6 + annual ...... 6 + annual ...... 0 DtaP ...... N/A ...... N/A ...... N/A ...... 0 (or 0.5 mcg/dose) Hib ...... N/A ...... N/A ...... N/A ...... (People without spleens) ...... 0 Hep A ...... 3 + boosters ...... N/A ...... 3 + boosters ...... 3 + boosters ...... 3 + boosters ...... 0 Hep B ...... 3 ...... 3 ...... 3 ...... 3 (Korea) ...... 3 (Korea), Health Care Workers, 0 (or 0.5 mcg/dose) STDs. Influenza A&B ...... 1 Annual ...... 1 ...... 1 annual ...... 1 Annual ...... 1 Annual (Health workers) ...... 25 mcg/dose or 24.5, mcg/dose or 1, mcg/dose or .98 mcg/ dose Jap Enceph ...... 3 + biannual boosters ...... N/A ...... N/A ...... 3 + biannual boosters ...... 3 + biannual boosters (Travel 35 mcg per 1 mL dose or 17.5 Rural Asia). mcg/0.5 mL dose MMR (Live) ...... 1 ...... 1 ...... N/A ...... Seldom needed ...... NA (Health workers) ...... 0 Meningococcal MGC ...... 1 every 3 years ...... 1 ...... N/A ...... Within 3 years ...... Travel to mid-Africa, Arabia ..... 25 mcg/dose Pneumococcal 17; PCBV–7 ...... N/A ...... N/A ...... N/A ...... N/A ...... N/A ...... 0 Pneumococcal 123; PPV–23 ...... 1 ...... 1 (Pendleton) ...... N/A ...... N/A ...... (No spleen, other chronic dis- 0 or 25 mcg/dose eases). Polio Inactivated IPV ...... 1 booster dose ...... 1 ...... N/A ...... (Travel Africa Asia) ...... 0 Rabies ...... Pre:(3 doses + booster) ...... N/A ...... N/A ...... (Veterinary bites) ...... 0 Smallpox (Live) ...... 1 every 10 years ...... N/A ...... 1 ...... 1 ...... 1 ...... 0 Td; TT (25 mcg) ...... 1 every 10 years ...... 1 ...... 1 every 10 years ...... 1 every 10 years ...... 1 every 10 years ...... 8 mcg/dose or 25 mcg/dose. Typhoid Injectable ...... 1 every 2 years ...... N/A ...... 1 every 2 days ...... Every 2 years ...... Every 2 years (travel) ...... 0 Varicella (Live) ...... 2 doses if needed ...... Screen, 2 doses ...... N/A ...... N/A ...... N/A ...... 0 Yellow Fever (Live) ...... 1 every 10 years ...... (N, MC) 1 ...... 1 every 10 years ...... 1 every 10 years ...... 1 every 10 years (travel Africa, 0 Pacific, South Am). Possible Total Thimerosal Expo- ...... 110.5 mcg per shot day ...... 135.5 mcg per shot day ...... sure.

(EPA Safety Limit: 0.1 mcg/kg of body weight routinely tested for heavy metal toxicity or tism. That is one-fourth of 1 percent of all per day) treated with chelation therapy by the mili- the school children in Indiana, or 1 out of The Committee calculated the bolus dose tary or the VA. Given the lack of progress in every 400 . . . This increase is not just better exposure of adult males and females below: finding other successes with recovery from counting. If we want to find a cure, we must Adult weight with exposure rates according to this condition, this is an issue that both the first look to the cause.’’ EPA Safety Limit Department of Defense (DOD) and the VA In July 2000, Dr. Stephanie Cave shared her should be aggressively evaluating on behalf observations about the rapid growth of au- 100 pound: 0.1 mcg/45.359 kg of body weight of Gulf War veterans. tism and the pressures it is placing on fami- per day = 4.54 lies and medical professionals: 120 pound: 0.1 mcg/54.431 kg of body weight IV. THERE ARE GROWING QUESTIONS ABOUT ‘‘I am in family practice in Baton Rouge, per day = 5.44 WHETHER MERCURY IN CHILDHOOD VACCINES LA. I want to express my deep appreciation 150 pound: 0.1 mcg/68.039 kg of body weight IS RELATED TO AUTISM SPECTRUM DISORDERS to you and to the members of the committee per day = 6.8 A. Autism Is Growing at Epidemic Proportions for allowing me to testify. I am presently 180 pound: 0.1 mcg/81.647 kg of body weight 1. Introduction treating over 300 autistic children, with an per day = 8.16 Autism was once considered a rare disease additional 150 waiting to get in. It is clear from this chart that with a max- that affected an estimated 1 in 10,000 individ- ‘‘We are treating children from all over the imum safe limit of 8.16 micrograms in a day, uals in the United States. The Committee United States and getting calls from many individuals receiving either 110.5 micrograms held its first hearing on the dramatic rise in places around the globe. This is truly an epi- or 135.5 micrograms in one day may be at autism in April of 2000. At the time, Federal demic. If you have any idea that it is not, I risk for injury from mercury exposure. Even agencies were estimating that autism af- invite you to sit in my office for 2 hours.’’ in keeping with the safety margin of 10 times fected 1 in 500 children in the United States. the safety limit, purported by Dr. Roberta By 2002, the National Institutes of Health 2. Studies Are Documenting the Incredible McKee of Merck, individuals at each of these had adjusted that rate to 1 in 250 children in Growth of Autism weights would be exposed to levels of mer- the United States. The Autism Society of In the 1990’s, the CDC conducted two preva- cury that would be expected to put them at America estimates that the number of autis- lence studies that confirmed dramatic spikes risk for adverse reactions. tic children is growing by 10 to 17 percent in autism cases. One was conducted in Brick The Committee received documentation each year. Township, New Jersey, the other in Atlanta, from one Air Force pilot who suffered from In that first hearing, Chairman Burton re- Georgia. serious symptoms of Gulf War Syndrome. ported that according to U.S. Department of In late 1997, after noticing an apparently After failing to have his medical issues re- Education statistics, requests for services for larger than expected number of children with solved through the military or the Veterans school-age children with autism spectrum autism in their community, a citizen’s group Administration (VA) medical system, Cap- disorders had risen dramatically in every in Brick Township, New Jersey, contacted tain Frank Schmuck, a pilot, became so ill state. the New Jersey Department of Health and that he was no longer able to fly. He sought Mr. Burton: ‘‘California has reported a 273 Senior Services (DHSS). Because of the com- medical treatment outside the military med- percent increase in children with autism plexity of the disorder and the concerns that ical system and was tested for heavy metals, since 1988 . . . Florida has reported a 571 per- environmental factors might play a role, the and was found to have toxic levels of mer- cent increase in autism. Maryland has re- New Jersey DHSS, U.S. Senator Robert cury in his system. After chelation therapy, ported a 513 percent increase between 1993 Torricelli, and U.S. Representative Chris- he returned to good health and has resumed and 1998 . . . In 1999, there were 2,462 children topher Smith contacted the CDC and the flying. Gulf War Syndrome victims are not ages 3 to 21 in Indiana diagnosed with au- ATSDR for assistance. In response, the CDC

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.062 E21PT1 E1018 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 conducted an extensive prevalence investiga- In 1943, when child psychiatrist Leo Kanner cases of late-onset autism. Most experts be- tion. first described 11 cases of a new mental ill- lieve that some combination of genetic and The rate of autism among children in ness in children he said was distinguished by environmental factors must be at work. A Brick Township was 4 per 1,000 (1 in 250) chil- self-absorbed detachment from other people leading and prominent theory is that the dren aged 3 through 10 years. The prevalence and repetitive and bizarre behavior, he used growing amount of mercury in childhood of the more broadly defined autism spectrum the word ‘‘autistic’’ (from the Greek word vaccines may have triggered an autistic re- disorder was 6.7 per 1,000 (1 in 150) children. auto, meaning ‘‘self.’’) Pointing out similar- sponse in children who are genetically pre- It is important to note that even though the ities with some behaviors exhibited by adult disposed to being vulnerable to mercury families of Brick Township requested that schizophrenics, Kanner and other psychia- damage. the CDC include an evaluation of a possible trists assumed autistic children were exhib- B. The alarming growth in autism coincided link between autism and their children’s im- iting early-onset adult-type psychoses. with an increase in the number of childhood munization, the CDC chose not to do so. Kanner’s young patients came from well-edu- vaccines containing thimerosal on the rec- Their evaluation of the cause of the cluster cated middle and upper class families in Bal- ommended schedule of autism in Brick Township was inconclu- timore with mothers and fathers who were sive. doctors, lawyers and professors. In 1954, Through most of the twentieth century, in- The CDC’s Atlanta study confirmed the Kanner said, ‘‘We have not encountered any dividuals were required to receive very few dramatic results of the Brick Township one autistic child who came of unintelligent vaccines. However, with the licensing of the study. The CDC found that 1,987 of the 289,456 parents.’’ This concentration of autistic chil- Hepatitis B (Hep B) vaccine and the children aged 3 to 10 years in metropolitan dren in educated and professionally success- Haemophilus Influenzae Type b (Hib) vaccine Atlanta in 1996 were autistic (1 in 146). These ful families led Kanner to develop the ‘‘re- starting in the mid-to-late 1980’s, and their numbers were 10 times higher than studies frigerator Mom’’ theory as the cause of au- subsequent recommendation for universal conducted in the 1980s and early 1990s. tism, theorizing that the warm maternal in- use in 1991, the amount of mercury to which Last November, a study on autism in Cali- stincts of educated working mothers was ab- infants were exposed rose dramatically. It fornia determined that the number of autis- sent or diminished. Influenced by Kanner, was during this period of increased exposure tic individuals in that state has nearly tri- pediatricians for decades were persuaded to to thimerosal and its ethylmercury compo- pled. Equally important, the study stated blame mothers of autistic children for being nent that the growing wave of late-onset au- that the increase was real, and could not be cold and emotionally rejecting, causing the tism became apparent. This confluence of explained by changes in diagnostic criteria children in turn to coldly reject contact with events led many to suspect a correlation be- or better diagnoses. The study, funded by the other people. tween the two and call for more research state legislature and conducted by the Uni- By 1954, Kanner began modifying his into the relationship between ethylmercury versity of California at Davis, determined ‘‘Blame the Mother’’ position in light of evi- in vaccines and autism spectrum disorders. that the number of autistic people in that dence that brothers and sisters of autistic A number of vaccines never contained thi- state grew by 273% between 1987 and 1998. children were often well-adjusted, high func- merosal. These classes of vaccines are gen- The main author of the study, Dr. Robert tioning children. These findings suggested erally live-virus vaccines. The ethylmercury Byrd, said, ‘‘It is astounding to see a three- that the development of autism was also a in thimerosal would kill the living virus, fold increase in autism with no explanation result of genetic or ‘‘constitutional inad- making it unsuitable for such vaccines. . . . there’s a number of things that need to equacies’’ as well as bad parenting. In 1971, These shots include the Measles-Mumps-Ru- be answered. We need to rethink the causes Kanner admitted that Mothers were not to bella (MMR) vaccine, the oral polio vaccines of autism.’’ blame. However, psychoanalyst Bruno (which are no longer recommended for use in The 2002 report confirmed a 210 percent in- Bettleheim continued purporting the ‘‘re- the United States), and the chicken pox crease in the number of new children profes- jecting parent’’ theme. Bettleheim, a holo- (varicella zoster) vaccines. sionally diagnosed with the most severe caust death-camp survivor, insisted that the Prior to the approval of the recombinant cases of autism entering the developmental autistic child was behaving in abnormal Hepatitis B vaccine in 1986, the only vaccine services system between 2001 and 2002. The ways in retaliation against a rejecting moth- containing thimerosal routinely given to in- system added 3,577 new cases in 2002. er who had traumatized the child by failing fants was the DTP vaccine. DTP contained 25 It is important to note that the figures re- to provide enough love or attention. micrograms of ethylmercury and was given 3 ported in California do not include persons However, a California psychologist and fa- times in the first six months of life (75 with Pervasive Developmental Disorder ther of an autistic child, Bernard Rimland, micrograms of ethylmercury) and a total of (PDD), PDD-Not Otherwise Specified (PDD- Ph.D., in 1964 disproved Dr. Bettleheim’s four times in two years (100 micrograms of NOS), Asperger’s Syndrome, or any of the theories through the publication of his land- ethylmercury). other milder autism spectrum disorders. The mark book Infantile Autism: The Syndrome The polysaccaride Haemophulus Influenzae California data reflect only those children and Its Implications for a Neural Theory of B (Hib) vaccine was first licensed in 1985. It who have received a professional diagnosis of Behavior. In this book, Dr. Rimland me- had 25 micrograms of ethylmercury and was level one, DSM IV autism—the most severe thodically dismantled the psychoanalytic given 3 times in the first six months of life form of autism. theory of autism and argued for a biological, (75 micrograms of ethylmercury) and a total 3. The Causes of the Autism Epidemic Are specifically a neurological, basis for autistic of four times in the first two years of life. Not Known behavior. Dr. Rimland documented the simi- The approval of the Hep B vaccine in 1986 The underlying causes of the explosion in larities between brain injured children and added another thimerosal-containing shot to autism remains a mystery. While the med- autistic children, liberating parents from the the recommended schedule. This vaccine ical community has made many advances destructive guilt associated with having an contained 12.5 micrograms of ethylmercury over the years in developing treatments and autistic child and pointing autism research and was given within hours of birth and a better diagnostic tools, little progress has in the direction of investigating the biologi- total of 3 times in the first six months of life been made in understanding why some chil- cal mechanisms underlying the brain and im- (37.5 micrograms of ethylmercury). dren become autistic. mune dysfunction symptoms and their pos- After 1986, some children went from get- Mr. Waxman: ‘‘Autism is a particularly sible causes. ting 25 micrograms in one day or 75 frustrating disease. We still do not under- In 1965, Dr. Rimland established the Au- micrograms in the first six months of life to stand what causes it and we still do not have tism Society of America (ASA). In 1967 he es- getting 62.5 micrograms of ethylmercury in a a cure. All we know for sure is that its im- tablished the Autism Research Institute day or 187.5 micrograms in the first six pact on families can be devastating. During (ARI) and began distributing a questionnaire months of life. This would be in addition to the hearings held in this committee, we have to parents of autistic children. Some 36 years any fetal exposure to mercury from the heard parents tell tragic stories of children later, his databank includes information on mother. In 1991, the CDC recommended that who appear to be developing normally and more than 30,000 cases of autism from around both Hib and Hep B be added to the universal then all of a sudden retreat into themselves, the world. In analyzing the data for age of recommendations for childhood immuniza- stop communicating, and develop autistic onset of autism, he discovered that before tion. behavior. Other parents have testified that the early 1980’s, most of the parents reported As was noted previously, the effects of their children never start to develop lan- their children first showed signs of abnormal ethylmercury have not been studied as care- guage skills, and instead early on manifest behavior from birth or in the first year of fully as methylmercury, and the Federal symptoms of autism. I can only imagine how life. But after the mid-1980’s, there was a re- Government has not established safety frustrating and difficult this must be for versal of this pattern. The numbers of par- thresholds for ethylmercury exposure. Be- families. And I appreciate how urgently we ents reporting that their children developed cause of the obvious similarities between the need to understand what causes autism, how normally in the first year and a half of life two, however, when the FDA reviewed the to treat it, and if possible, how to prevent and then suddenly became autistic doubled. amount of injected ethylmercury in vaccines it.’’ Today, Rimland says that the onset-at-18- in 1999, they compared it to the Federal lim- A summary of the developing theories on months children outnumber the onset-at- its for (ingested) methylmercury exposure. the causes of autism, as described in ‘‘Au- birth children by 2 to 1. They were compelled to admit at that point tism & Vaccines: A New Look At An Old Today, no one can pinpoint the exact cause that the cumulative amount of ethylmercury Story’’ by Barbara Loe Fisher is paraphrased or causes of autism. Nor is there any conclu- in vaccines exceeded the EPA’s threshold for below: sive explanation for the rapid growth in exposure to methylmercury. This led the

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.064 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1019 FDA to recommend the removal of thimer- ical literature] that address the question of a In 1942, an Army doctor in Baltimore, osal from most pediatric vaccines in 1999, relation between vaccination with DTP or Maryland published a journal paper in which more than a decade after the Hepatitis B its pertussis component and autism.’ he raised concerns about thimerosal: ‘‘Some vaccine was added to the schedule. Dr. Stephanie Cave, who provided testi- investigators claim that if a patient’s skin is In point of fact, the potential problem was mony to the Committee, is a doctor in Baton sensitive to one of the mercurials he may be worse than the FDA suggested. Not only did Rouge, Louisiana whose medical practice is sensitive to any compound containing mer- the cumulative amount of ethylmercury on focused on treating children with the symp- cury. We have investigated 5 patients with the routine schedule exceed the EPA’s limit, toms of autism. She concurs with other ex- dermatitis due to Merthiolate and found that the amount of ethylmercury in each indi- perts from whom the Committee received four were sensitive to Merthiolate and not to vidual shot of DTP (or DTaP) and Hepatitis testimony that there appears to be a correla- any other organic or inorganic mercury com- B exceeded the limit. Young children were tion between increased use of vaccines con- pounds with which they were tested . . . getting three boosters of each shot. The taining thimerosal and a rise in autism: Sulzberger found that in performing routine EPA’s threshold is 0.1 micrograms of ‘‘I believe that the introduction of the hep- patch tests with 10 percent ammoniated mer- methylmercury for each kilogram of body atitis B vaccine in 1991 has sparked this re- cury ointment and 10 percent salicylic acid weight. This does not mean that injury cent epidemic because of thimerosal. When ointment he obtained relatively few positive would definitely occur above this level be- added to the mercury imparted through the reactions; but if the two ointments were cause a significant safety margin is built in. DTP and HIB, the exposure to mercury ex- combined so that the concentration was five However, the chances of injury increase as ceeds EPA safe limits for the metal if you percent of each, then 50 percent of all pa- the exposure rises above this level. For an consider a bolus dose on a single day. tients tested gave positive reactions.’’ Dr. 11–pound baby (five kilograms), the thresh- ‘‘The EPA limits are usually related to in- Elliss further explained in his paper, ‘‘Dr. J. old would be roughly 0.5 micrograms. For a gested mercury, which is partially cleared by H. Mitchell in a lecture before the American 22–pound baby (ten kilograms), the threshold the liver. Injecting boluses of ethylmercury Academy of Dermatology in New York in De- would be 1 microgram. The DTP (and DTaP) presents an entirely different, another sce- cember 1941, stated that he had observed a vaccine contained 25 micrograms of thimer- nario. The 2–month dose of mercury is at number of cases of severe dermatitis fol- osal per dose, as does the Hepatitis B vac- least 30 times higher than the recommended lowing the treatment of dermatophytosis cine. The Hib vaccine contained 12.5 daily maximum exposure set by the EPA. with preparations of Merthiolate.’’ micrograms per dose. In addition, it is clear During the 1990’s, infants received 12.5 In 1943, Dr. Elliss published a case report in that for many, many children, the amount of micrograms of mercury at birth, followed by the Archives of Opthalmology, which states: ‘‘The positive results of patch tests dem- thimerosal they received in vaccines in the 12.5 micrograms at 1 month, 62.5 micrograms onstrated that the two patients were sen- 1990’s also exceeded the FDA’s higher thresh- at 2 months, 50 micrograms at 4 months, 50 sitive to tincture of merthiolate were also old of 0.4 micrograms per kilogram of body micrograms at 6 months, 50 micrograms at 15 to 18 months; a total of 237.5 micrograms for sensitive to 1:5000 merthiolate ophthalmic weight. ointment and that merthiolate is capable of Of particular concern to many parents are a child who at best weighs 10 kilograms. This causing an inflammation of the mucous those instances in which children received far exceeds the safety limits if you consider membrane in patients who are sensitive to several vaccines in one visit to their pedia- bolus dosing. Safety limits would be more like 1 to 1.5 micrograms. the drug. In view of these facts it is rec- trician. This practice has become common- ommended: 1. That Merthiolate ophthalmic place with the new vaccine schedules recom- ‘‘The bile production is minimal in in- fancy, making it more difficult for metals to ointment should not be used in or about the mending 26 doses of vaccines before school eye unless it has been previously dem- attendance. be cleared from the body. When added to a vaccine, the metals are even more dangerous onstrated by patch tests that the patient is Chairman Burton spoke about one such in- not sensitive to the ointment. 2. That the cident at a recent hearing: ‘‘The FDA re- because the vaccines trigger immune reac- tions that increase the permeability of the package should be labeled to warn the con- cently acknowledged that in the first 6 sumer that such tests should be made pre- months of life children get more mercury GI tract and the blood/brain barrier. ‘‘The injection of mercury appears to af- vious to the use of merthiolate ophthalmic than is considered safe by the EPA. The ointment in or about the eye. Since a patient truth is that sometimes kids go to their doc- fect only certain children, but I fear that we’ve underestimated the devastation by may become sensitized to Merthiolate while tor’s office and get four or five vaccines at using the ophthalmic ointment, it may be concentrating only on the autistic children. the same time. My grandson received vac- advisable to withdraw this product from the We’re measuring elevated levels of mercury cines for nine different diseases in 1 day. He market before a case of permanent ocular in other children with milder difficulties like may have been exposed to 62.5 micrograms of damage occurs, in spite of the fact that no learning disabilities, ADHD, Asperger’s Syn- mercury in 1 day through his vaccines. Ac- cases of ocular injury due to merthiolate cording to his weight, the maximum safe drome and many others. We do not have any have been reported.’’ level of mercury he should have been exposed idea what the scope of this problem is at this Taken from an October 1978, letter from to in 1 day is 1.5 micrograms, so that is 41 point. And there are no safety standards for William R. Gibson to Dr. Alan Baskett, of times the amount at which harm can be infants getting bolus doses of the Commonwealth Laboratories in Victoria caused. ethylmercury.’’ Australia regarding a concern that thimer- When testifying before the Committee, V. VALID CONCERNS ABOUT MERCURY IN VAC- osal in the Australian pertussis vaccine was Mrs. Lynn Redwood made the following ob- CINES WERE IGNORED BY FEDERAL POLICY- linked to intersucception in mice: servation regarding her son’s bolus exposure MAKERS AND VACCINE MANUFACTURERS FOR ‘‘I discussed the possible effect of to mercury through vaccinations: ‘‘Accord- DECADES ethylmercury with Bordetella pertussis to ing to the EPA criteria, his allowable dose As early as 1931, scientists were noting ad- supplement B-adrenergic blockade. Again, it was only 0.5 micrograms based on his weight. verse reactions to thimerosal. In fact, Dr. was not believed that this blockade should He had received 125 times his allowable expo- Kharasch filed a new patent application be- predispose toward intessusception, although sure on that day. The large injected bolus ex- cause he reformulated the product to ‘‘sta- it was recognized that increased motility re- posures continued at two months, four bilize merthiolate due to its tendency to ac- sulted and that this could be causative. As months, 12 months, and 18 months to a total quire ‘certain burning qualities’.’’ with other chemicals of its generation, data mercury exposure of 237.5 micrograms. I also In 1932, in a paper published by Lilly re- relating to its safety and pharmacological discovered that the injections that I received searchers who found Merthiolate to be a effects in animal models are sparse.’’ during my pregnancy, the first and third tri- skin-disinfecting agent, it was noted that an- In August of 1998, an FDA internal ‘‘Point Paper’’ was prepared for the Maternal Immu- mesters, and hours after the delivery of my other researcher has seen adverse reactions. nization Working Group. This document, son to prevent RH blood incompatibility dis- ‘‘Reimann has reported that some individ- prepared almost a full year before the Public ease also contained mercury.’’ uals display a sensitiveness to thio [thimer- Health Service—American Academy of Pedi- Concern that autism may be linked to vac- osal] compounds, which is characterized by atrics joint statement made the following cines is not a new debate. Twelve years ago, reddening of the treated area and the appear- recommendation: the Institute of Medicine was asked to evalu- ance of small papules and vesicles.’’ ‘‘For investigational vaccines indicated for ate the science on a possible connection. The In 1935, in a letter from the Director of Bi- maternal immunization, the use of single Institute of Medicine published Adverse Ef- ological Services, of the Pittman-Moore dose vials should be required to avoid the fects of Pertussis and Rubella Vaccines and Company to Dr. Jamieson of Eli Lilly, ‘‘we need of preservative in multi-dose vials . . . confirmed that pertussis and rubella vac- have obtained marked local reaction in Of concern here is the potential neurotoxic cines can cause brain and immune system about 50 percent of the dogs injected with effect of mercury especially when consid- damage. At the time, an increasing number serum containing dilutions of Merthiolate ering cumulative doses of this component in of parents reported that their previously varying from 1 in 40,000 to 1 in 5,000 . . . no early infancy . . .’’ normal children were regressing into autism connection between the lot of serum and the On September 8, 1998, the Safety Working after DTP or MMR vaccination. However, reaction. In other words, Merthiolate is un- Party of the European Agency for the Eval- the IOM physician committee charged with satisfactory as a preservative for serum in- uation of Medicinal Products issued its analyzing the medical literature for evidence tended for use on dogs . . . I might say that working paper, ‘‘Assessment of the Toxicity of cause and effect, rejected the reported we have tested Merthiolate on humans and of Thimerosal in Relation to Its Use in Me- link between pertussis vaccine and autism, find that it gives a more marked local reac- dicinal Products.’’ The Working Party con- because ‘no data were identified [in the med- tion than does phenol and tricresol.’’ cluded:

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.066 E21PT1 E1020 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 ‘‘There is ample evidence from the lit- duck test. I would ask each one of you to mal nature of this survey, it does tell us erature that thiomersal (thimerosal) may read this very excellent work by Sallie Ber- something about this debate we are cur- cause sensitization and subsequent allergic nard and Albert Enayati, who testified here rently engaged in: (1) parents of children reactions . . . the use of thimerosal is vac- today. My daddy used to say if it walks like with autism suspect vaccines damaged their cines given to infants in accordance with a duck and talks like a duck and sounds like child, (2) parents are not reporting this using various national vaccine programs may in a duck, for Pete’s sake it is a duck. VAERS forms, (3) pediatricians are not re- certain cases result in approximately two ‘‘I recommend that you read this, side-by- porting to VAERS either, (4) and despite ef- times higher intake of ethylmercury during side, page after page of analysis of the symp- forts by policymakers at CDC, FDA, AAP, the first year of life than what can be consid- toms of people who are affected with mer- IOM and elsewhere to reassure parents of the ered reasonably safe. Given the great uncer- cury poisoning compared to autism, this is safety of vaccines, they remain uncon- tainty of the estimations of safe levels in the duck test, and you folks are trying to vinced.’’ young children, it is suggested to restrict tell us that you can’t take this off the mar- The Committee has heard moving testi- the use of thimerosal in vaccines.’’ ket when 8,000 children are going to be in- mony from parents in support of this belief, In June of 2000, the CDC convened a closed jected tomorrow; 80 children may be coming as well as from parent-advocates. Shelley meeting to discuss research evidence that down, beginning tomorrow, with autism? Reynolds is a mother of two from Baton showed a connection between thimerosal in What if there was an E. coli scare? What if Rouge, Louisiana. When she testified before vaccines and neurological injury. Dr. Thom- there was a problem with an automobile? the Committee in April of 2000, her autistic as Verstraeten, a CDC employee who has The recall would be like that. son, Liam, was four years old. Her testimony since left the agency to work in Belgium for ‘‘We are asking you to do more than ana- left no doubt as to her views: a vaccine manufacturer, utilized the Vaccine lyze it. We are asking you to tell this body ‘‘Liam was a normally developing baby Safety Datalink to evaluate any possible and the American people that it is more in- until June 27, 1997, when he received his connection between thimerosal-preserved conclusive. It passes the duck test, and we MMR and Hib vaccines. He did everything he vaccines and neurological or renal impair- need you to respond. We need that to come was supposed to do. He cooed, rolled over, ment. He found, ‘‘a statistically significant off the market now because you think that crept, crawled, pulled up and walked on positive correlation between the cumulative this is—do you think that we are elevating time. He said ‘Mama,’ he said ‘Daddy,’ he exposure at 2 months and unspecified devel- the case today? Just wait until it gets in the said ‘Love you.’ He learned how to sing ‘Itsy opmental delay; the cumulative exposure at courts. This case could dwarf the tobacco Bitsy Spider.’ He played finger games with 3 months and tics; the cumulative exposure case. And we would expect you to do some- us. He loved to interact, and he especially at 6 months and attention deficit disorder . thing now before that circus starts taking loved to show off for his grandparents.’’ . . 1, 3 and 6 months and language and speech place. Denial is not proper right now. * * * * * delay . . . 1, 3, and 6 months of age and ‘‘You know, I still go back to the fact—I ‘‘But when he was 17 months old, shortly neurodevelopmental delays in general.’’ still want to talk about the duck test. Mr. after he had received the shots, he started He concludes: Egan, [FDA] I will address this to you. You exhibiting some different behaviors. He was ‘‘This analysis suggests that in our study know, it was shown in the last panel that au- constantly taking off his shoes; he screamed population, the risks of tics, ADD, language tistic symptoms emerge after vaccination. It if we dressed or undressed him; he would and speech delays, and developmental delays was shown that vaccines contain toxic doses stare for hours in front of the television and in general may be increased by exposures to of mercury. It was shown that autism and would not move if you blocked the view. He mercury from thimerosal-containing vac- mercury poisoning, the physiological com- could not tolerate playing in the sandbox cines during the first six months of life.’’ parison is striking. There is altered anymore. He did not want to sing any of his This issue will be discussed in more detail neurotransmitter activity, abnormal brain favorite songs; he would cover his ears and in another section of this report. neuronal organization, immune system dis- scream ‘No.’’’ The Committee and the public have been turbance, EEG abnormalities. It goes on and frustrated by the Department of Health and on and on, the comparisons. That is why I * * * * * Human Services reluctance to accept that say, I back up what the Chairman and the ‘‘In Liam’s case, we have no doubt that he all forms of mercury are toxic and that chil- ranking member are all asking you, that we developed his autism as a direct result of an dren have likely been harmed from the cannot wait until 2001 to have this pulled off. adverse vaccine reaction.’’ FDA’s negligence in assuring the safety of ‘‘You know, if a jury were to look at this, thimerosal and in not monitoring the in- * * * * * the circumstantial evidence would be over- ‘‘Many in the medical community continue creased exposure to mercury through vac- whelming. Let’s do something before we see cines. to dismiss this as mere happenstance be- it in the courts.’’ cause autism often coincides with the time During the July of 2000 hearing on mer- In 2003, thimerosal remains in some vac- of vaccination, and state that there is no sci- cury, Congresswoman Helen Chenoweth-Hage cines. (R–ID) eloquently expressed the views of entific evidence to back this up. My question A. Many parents of autistic children believe many. to you is: How long does it take for a coinci- Mrs. Chenoweth-Hage: that adverse reactions to vaccines are respon- dence to surface time and time and time ‘‘. . . I have a staffer who is in the Navy sible for their children’s condition again, case after case after case, before it Reserve right now, but he used to be active Based on their personal experiences, many can become a viable hypothesis, especially with the airborne divisions, and he was in for parents believe that the autistic condition of when the solution to solving the problem a test in one of the medical military hos- their children is related to an adverse reac- seems so apparent?’’ pitals, and upon taking his temperature, tion to a childhood vaccine, or a series of At the same hearing, the Committee heard they broke a thermometer, and mercury vaccinations. This is particularly true of testimony from Jeana Smith of Denham splattered across his glasses and some got in parents of children who have developed ‘‘late Springs, Louisiana. At the time, she was the his eye. Well, the first thing they did was onset autism,’’ in which symptoms do not mother of five-year-old twins, one of whom cutoff his clothes. The second thing was call begin to emerge until the child is between was autistic. Her testimony made equally in OSHA to clean up the mercury. And then one and two years old. This time period coin- clear her conviction that her son’s autism they worked on him to make sure his eyes cides with a number of vaccinations on the was related to a series of vaccinations given were irrigated, and you guys, you witnesses, childhood schedule. While this belief is not on the same day: absolutely amaze me. I wonder where the universal, many parents hold it passionately. ‘‘Jacob met every developmental milestone disconnect is, for Pete’s sake. Dr. Jeffrey Bradstreet, when testifying be- that first year, right along with Jesse. They ‘‘You listened to the testimony just as I fore the Committee in 2001, made the fol- were two little peas in a pod and went every- did, and you are willing to, with a straight lowing statement: where together. At only 16 months of age, face, tell us that you are eventually going to ‘‘At a recent autism conference in Chicago, Jacob and Jesse received their first MMR phase this out after we know that a small and prior to either my own presentation or vaccine. On this same day, they also received baby’s body is slammed with 62 times the that of Dr. Wakefield, I asked the audience their fourth DTP, their fourth Hib, and their amount of mercury that it is supposed to of 500 parents if they felt their child re- third hepatitis B. The following 24 hours, have, and OSHA reacts like they did in the gressed following a vaccine. In that obvi- both twins slept most of the time, with over case of this accident of this naval man. It ously non-scientific survey, approximately 100-degree temperatures, in spite of receiving doesn’t make sense. No wonder people are 90 percent the parents raised their hands to the recommended Tylenol dosage every 6 losing faith in their government. And to affirm vaccines were what they suspected hours. Immediately following that, Jacob have one of the witnesses tell us it is because had caused their child’s symptoms. When I began exhibiting strange behaviors. He was mothers eat too much fish? Come on. We ex- asked for how many had reported the event no longer excited or responsive when Daddy pect you to get real. We heard devastating under the VAERS system, fewer than 15 said would come home from work. He began to testimony in this hearing today, and we they had. Then I asked if their pediatrician become preoccupied with certain toys. He heard it last April. And this is the kind of re- had offered to report this, they just laughed. would spend long periods of time studying sponse we get from our government agen- I have now conducted this simple survey the way their wheels would spin or whether cies? with over 5000 parents at conferences around or not they were lined up just right. Any at- I am sorry. When I was a little girl, my the world with similar findings. Yes, media tempt to interrupt or distract him was met daddy talked to me about something about a attention creates bias. But despite the infor- with great resistance and an eventual fit.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.068 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1021 During this time, Jesse continued to In the second part of the two-part procedure, entists have testified before the Committee. progress, starting to talk and interact with the Special Master’s determination in the At the same time, senior officials from Fed- all the children around him.’’ omnibus proceeding will be applied to indi- eral health care agencies and other public * * * * * vidual cases. health experts continue to insist that there ‘‘At times, Jacob was so withdrawn that Thus far, there are two primary conten- is no evidence of such a relationship. we could absolutely not reach him.’’ tions underlying all of the autism cases filed Two things appear to be clear in this de- in the VICP. The first is that the MMR vac- bate. First, concerns about the use of thi- * * * * * cine has caused autism in some children. The merosal in vaccines existed in public health ‘‘For us, there is no denying that in Ja- second alleges that the mercury contained in agencies for more than two decades before cob’s case of autism, the answer does not lie several other vaccines caused neurological action was taken to remove them from vac- in genetics, but in a catalyst. The thousands damage, resulting in autism spectrum dis- cines. The lethargic response to these legiti- of hours of research that we have spent orders. These contentions are summarized in mate concerns will be discussed in the fol- searching and retracing his regression con- the Master Autism Petition For Vaccine lowing section of this report. Second, much tinue to point to the fact that the road of Ja- Compensation filed by the families: more research needs to be done before any cob’s autism began when his immune system ‘‘As a direct result of one or more vaccina- conclusive determinations can be made was damaged by the hepatitis B vaccine he tions covered under the National Vaccine In- about vaccines and autism spectrum dis- received when he was ill. The final blow was jury Compensation Program, the vaccine in orders. Developing more and better research the adverse reaction to the host of vaccines question has developed a data will be critically important to resolving he received 16 months later. We are certain neurodevelopmental disorder, consisting of the legal disputes over compensation for that for Jacob, the catalyst was his vac- an ‘Autism Spectrum Disorder’ or a similar children with autism, and restoring the con- cine.’’ disorder. This disorder was caused by a mea- fidence of the American public in vaccines. Testifying two years later, on April 18, sles-mumps-rubella (MMR) vaccination; by This section will review the current state 2002, Autism Society of America President the ‘thimerosal’ ingredient in certain of the scientific debate over vaccines and au- Lee Grossman testified about the strongly Diptheria-Tetanus-Pertussis (DTP), Diph- tism. held views of many of the Society’s mem- theria-Tetanus-acellular Pertussis (DTaP), B. Institute of Medicine reports call for more bers: Hepatitis B, and Hemophilus Influenza Type research ‘‘A substantial number of families within B (HIB) vaccinations; or by some combina- In 2001, the Institute of Medicine (IOM) re- our autism community believe some forms of tion of the two [vaccine administrations].’’ leased two reports after reviewing the evi- autism may be caused by some use of vac- In addition to petitions filed under the dence they received related to possible con- cines. While we do not know this to be spe- VICP, many parents have filed lawsuits nections between vaccines and autism. The cifically proved at this time, we should not against vaccine manufacturers and manufac- IOM was created by the National Academy of ignore the body of evidence that calls into turers of thimerosal. The first such lawsuit Sciences in 1970 to conduct independent anal- question the source of many children with was filed in Texas in May of 2001 on behalf of yses of public policy matters related to autism. If causation is found, those injured five-year-old Joseph Alexander Counter health care. The first report dealt with the must be provided recourse and compensa- (Counter v. American Home Products). Ac- MMR vaccine. The second dealt with vac- tion.’’ cording to his parents and attorneys, he was cines containing thimerosal. The common diagnosed with autism and then was found to * * * * * thread linking both reports was the conclu- have high levels of mercury exposure. Later ‘‘I think the stories that I have heard that sion that much more research needed to be that year, a group of law firms calling them- many of our members tell, that many of done before firm conclusions could be drawn. selves the ‘‘Mercury Vaccine Alliance’’ filed these people in the audience will tell you, is In April of 2001, the IOM issued its report class action lawsuits in nine different states. that they believe that there is evidence that on the MMR vaccine, entitled, ‘‘Immuniza- While dozens of lawsuits have been filed, there is a direct linkage, a direct causation tion Safety Review—Measles-Mumps-Rubella they generally fall into three different cat- of vaccines causing their child’s autism. I Vaccine and Autism.’’ After reviewing the egories: think it is imperative for us, the advocates available scientific studies, the IOM deter- in the room, for ASA, and for Congress, for 1. Actions claiming that thimerosal is an adulterant or a contaminant in a vaccine; mined that: ‘‘The evidence favors rejection the lay public, to stand together to get this of a causal relationship at the population question answered, answered immediately.’’ 2. Actions seeking compensation for loss of consortium (love and companionship) on be- level between MMR vaccine and autism spec- B. Many parents of autistic children have filed half of parents of autistic children; and trum disorders.’’ petitions for compensation or lawsuits against 3. Class actions seeking compensation for The IOM stated that the epidemiological vaccine manufacturers autistic children and medical monitoring for evidence available at the time showed no as- Not surprisingly, suspicions that there broad populations of children who were ex- sociation at a population level between the may be a causal relationship between some posed to mercury in vaccines. MMR vaccine and autism. However, the au- vaccines and autism have spawned a signifi- Under the National Childhood Vaccine In- thors cautioned that if the vaccine triggered cant amount of litigation. jury Act, which created the Vaccine Injury autistic disorders among a small number of As of October 2002, more than 875 families Compensation Program, victims of vaccine children who were predisposed to an adverse had filed petitions for compensation under injuries are not allowed to file lawsuits reaction, the population studies that had the Federal Vaccine Injury Compensation against vaccine manufacturers unless they been done to-date would be too imprecise to Program (VICP), alleging that a vaccine or a have first sought compensation through the detect them: series of vaccines caused their child’s au- VICP. However, one exception allows law- ‘‘It is important to recognize the inherent tism. It has been estimated that as many as suits for vaccine injuries allegedly caused by methodological limitations of such studies 3,000 to 5,000 such petitions may be filed in an ‘‘adulterant’’ or a ‘‘contaminant’’ inten- in establishing causality. Studies may not the near future. tionally added to the vaccine. In twin deci- have sufficient precision to detect very rare Congress established the VICP in 1987 to sions in May of 2002, a Federal judge ruled occurrences on a population level. A poor un- provide compensation to families of individ- that thimerosal could not be considered an derstanding of the risk factors and failure to uals who suffer vaccine injuries. The Federal adulterant or a contaminant, and claims use a standard case definition may also ham- government maintains a trust fund out of filed on that basis were dismissed. However, per the ability of epidemiological studies to which awards are paid and which is funded in those same decisions, the court ruled that detect rare adverse events.’’ by an excise tax on vaccines. Petitions for parents of vaccine-injured children are enti- The IOM recommended further research to compensation are adjudicated before a team tled to seek damages in court for loss of con- determine if exposure to the MMR vaccine is of special masters, with the Justice Depart- sortium without going through the VICP. a risk factor for autism disorders in a small ment representing the Federal government. As these cases work their way through the number of children. They also called for tar- With the knowledge that the growing num- courts, procedural rulings in different juris- geted studies to follow up on a ber of petitions seeking compensation for au- dictions will have a great influence on groundbreaking series of case studies by Dr. tism spectrum disorders poses a difficult whether potentially thousands of families Andrew Wakefield of Great Britain, who de- challenge for the VICP, the Chief Special seek compensation through the courts or termined that 12 British children who suf- Master laid out a special two-part procedure through the VICP. fered from autism spectrum disorders and for resolving these claims. First, a general chronic bowel inflammation also had vac- VI. A GROWING NUMBER OF SCIENTISTS AND DOC- causation inquiry known as the ‘‘Omnibus cine-strain measles virus in their tissues. Al- TORS BELIEVE THAT A RELATIONSHIP BE- Autism Proceeding’’ will be conducted to de- though the parents of eight of the twelve TWEEN THIMEROSAL IN VACCINES AND AUTISM termine generally if vaccines can cause au- children traced the onset of autistic symp- SPECTRUM DISORDERS IS PLAUSIBLE tism disorders, and if so, under what cir- toms to the time period when the MMR vac- cumstances. The two-year schedule for com- A. Introduction cination was given, the IOM stated that the pleting this omnibus proceeding includes a A growing number of respected scientists study was of limited utility because of its discovery period for establishing an evi- and researchers are convinced that there is a small sample size.’’ dentiary record, testimony of expert wit- relationship between the use of thimerosal in Six months later, the IOM issued its sec- nesses, an evidentiary hearing, and a ruling childhood vaccines and the growing inci- ond report, entitled, ‘‘Immunization Safety on general causation issues by July of 2004. dence of autism. A number of these sci- Review—Thimerosal-Containing Vaccines

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.070 E21PT1 E1022 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 and Neurodevelopmental Disorders.’’ They thimerosal on background mercury expo- handle mercury as efficiently as mature found insufficient evidence to accept or re- sures from other sources; adults.’’ ject a connection between thimerosal in vac- Research in appropriate animal models on * * * * * cines and autism. They did, however, state neurodevelopmental effects of ethylmercury; ‘‘Using this vaccine mixture on infants, that such a connection is ‘‘biologically plau- Rigorous scientific investigations of chela- who do not have fully developed bilary sible,’’ and recommended much more re- tion as a treatment for neurodevelopmental (liver) and renal (kidney) systems, could dra- search on the issue. disorders; and matically increase the toxic effects, espe- The report summarized: Research to identify a safe, effective and cially if they are spuriously ill. The toxic ef- ‘‘The committee concludes that although inexpensive alternative to thimerosal for fects of exposure to thimerosal in infants the hypothesis that exposure to thimerosal- countries that decide they want to follow the cannot be reasonably compared to those ob- containing vaccines could be associated with example of Europe and the United States and served in adults made toxic by exposure to neurodevelopmental disorders is not estab- terminate its use in vaccines. similar ethyl-mercury containing com- lished and rests on indirect and incomplete C. A growing number of researchers believe that pounds. Mercury is primarily removed information, primarily from analogies with there may be a relationship between vaccines through the bilary system and aluminum is methylmercury and levels of maximum mer- and autism spectrum disorders removed by the renal system. Inability to rid cury exposure from vaccines given in chil- the body of these toxicants would greatly in- dren, the hypothesis is biologically plau- A growing number of researchers and med- crease the damage they are capable of doing sible.’’ ical professionals believe that there may be a link between the mercury preservative in infants.’’ * * * * * used in vaccines and autism spectrum dis- Dr. Haley’s concerns about the inability of ‘‘The committee concludes that the evi- orders and other neurodevelopmental dis- infants to fend off the adverse effects of mer- dence is inadequate to accept or reject a orders. Few, if any, would make such a state- cury were echoed by Dr. David Baskin. Dr. causal relationship between exposure to thi- ment categorically until more research is Baskin is a neurosurgeon and a professor of merosal from vaccines and the done. However, judging by testimony re- neurosurgery and anesthesiology at Baylor neurodevelopmental disorders of autism, ceived by the Committee, many researchers College of Medicine. He has been involved in ADHD, and speech or language delay.’’ believe that this hypothesis is plausible extensive research on the central nervous The IOM noted that it had reviewed the re- based on work they have done to-date. They system and serves on scientific advisory sults of one unpublished epidemiological believe that this is a promising field of re- boards of the National Institutes of Health. study that detected a ‘‘statistically signifi- search that may yield breakthroughs on the Testifying before the Committee in Decem- cant but weak association’’ between expo- question of the underlying causes of the ber of 2002, Dr. Baskin said: sure to thimerosal-containing vaccines and growing incidence of autism and other ‘‘We clearly know infants’ brains are more several types of developmental disorders, in- neurodevelopmental disorders. sensitive. We know the blood-brain barrier, cluding attention deficit disorder, speech On April 25, 2001, the Committee heard tes- the barrier to drugs between the blood and and language delay, tics, and general timony from Dr. Boyd E. Haley, who is the the brain, is virtually gone in infants.’’ neurodevelopmental delays. Phase I of the Chairman of the Chemistry Department at Virtually all researchers who have testi- study, which was performed with data from the University of Kentucky. Dr. Haley has fied before the committee have hypothesized the CDC’s Vaccine Safety Datalink, (VSD) spent many years studying the effects of that some children must have a genetic pre- uncovered the aforementioned associations. mercury on the human body. Dr. Haley sum- disposition that makes them more vulner- Phase II of the study, which provided marized his views in this way: able to neurological damage from mercury. enough data to analyze only speech delays ‘‘I cannot say, nor would I say, that vac- An exchange between Congressman Burton and attention deficit disorder, did not detect cinations cause autism. However, if the data and Dr. Baskin at the December 10, 2002, an association between those disorders and holds up that I have been seeing with the re- hearing reflected this emerging consensus: thimerosal, as had Phase I. After being lationship, I think it is an awfully good sus- Mr. Burton: ‘‘Do you personally believe briefed on both phases of the study, the pect, at least one of the co-factors that from your studies that the mercury is a con- IOM’s Immunization Safety Review Com- might aid in the onset of this disease. So I tributing factor to the cases of autism we mittee agreed that they were inconclusive. would really recommend and encourage you have in this country? The ‘‘VSD Study’’ is discussed at greater to put some pressure on the National Insti- Dr. Baskin: ‘‘Yes.’’ length in Section VII. tutes of Health (NIH) to look at the con- Mr. Burton: ‘‘Do you think it’s a large con- The IOM also noted with some discomfort tribution of different forms of mercury we tributing factor, or do you have any percent- that thimerosal had not been removed from put in our medicines and in our dentistry to ages? I mean, I know this is a tough question all vaccines and medicines given to children see what effect they have on the neurological and everything, but you have done a lot of and pregnant women. The report specifically health of Americans.’’ research.’’ cited the influenza vaccine, the diphtheria- In his testimony, Dr. Haley described his Dr. Baskin: ‘‘I think it’s hard to look at a tetanus toxoid vaccine, and some nasal laboratory research on thimerosal: percentage. I think that, as NIH is focusing sprays. They urged that, ‘‘full consideration ‘‘I was requested to do an evaluation of the on, there is probably an environment-gene be given by appropriate professional soci- potential toxicity of vaccines containing thi- interaction. In other words, a lot of children eties and government agencies to removing merosal as a ‘‘preservative’’ versus those get the injection and don’t become autistic, thimerosal from vaccines administered to in- vaccines not containing thimerosal. The re- and so there must be something specific or fants, children or pregnant women in the sults were very dramatic as shown in the ac- different about the way a certain subgroup of United States.’’ It was also recommended companying Table attached to this docu- children are able to handle toxins. . . . I that any remaining stocks of childhood vac- ment. In our preliminary studies, vaccines don’t think we yet know the answer to cines containing mercury be removed from containing thimerosal as a preservative con- that.’’ doctor’s offices and replaced with mercury- sistently demonstrated in-vitro toxicity that In his testimony the previous year, Dr. free alternatives. was dramatically greater than the non-thi- Haley of the University of Kentucky de- Finally, the report recommended that nu- merosal or low-thimerosal containing vac- scribed one possible genetic risk factor. He merous types of research be conducted to cines.’’ stated that there is a protein in the brain help the scientific community better deter- called APO–E that removes dangerous waste mine if there is a causal relationship be- * * * * * materials from the brain. He added that tween thimerosal and autism or other dis- ‘‘Our results are very consistent with the some individuals are born with a variety of orders. The IOM called for: reported toxicity of thimerosal-containing this protein that is very efficient at remov- Case-control studies examining the poten- vaccines versus non-thimerosal containing ing mercury, and some individuals are born tial link between neurodevelopmental dis- vaccines as observed in cell culture studies with a variety of this protein that is very in- orders and thimerosal-containing vaccines; reported in 1986. The chemical rationale for efficient at removing mercury: Further analysis of cohorts of children who the neurotoxicity of thimerosal is that this ‘‘If you look at the chemistry of the APO– did not receive thimerosal-containing doses compound would release ethyl-mercury as E proteins, this can be reflected in the fact of vaccines during clinical trials; one of its breakdown products. Ethyl-mer- that it is a housekeeping protein that clears Epidemiological studies comparing the cury is a well-known neurotoxin. Further, the brain of waste materials. If you have prevalence of neurological disorders in chil- combining thimerosal with millimolar levels APO–E2, you can carry out two atoms of dren, who received vaccines before thimer- of aluminum cation plus significant levels of mercury for every atom of APO–E that goes osal was removed, to children who received formaldehyde, also found in these vaccines, out. If you have APO–E4, you can carry out vaccines after it was removed; would make the vaccine mixture of even none. An increased effort to identify the primary greater risk as a neurotoxic mixture.’’ ‘‘He [Dr. Mike Godfrey of New Zealand] sources and levels of prenatal and postnatal Dr. Haley went on to state that infants are took this and looked at autistic children. exposure to thimerosal; more susceptible to damage from mercury, When he did the screen of autistic children, Clinical research on how children metabo- because the defense mechanisms in their there was a huge preponderance of them that lize and excrete metals; bodies are less well developed: had APO–E4, indicating that there is a ge- Theoretical modeling of ethylmercury ex- ‘‘Infants, with their immature physiology netic risk factor, which deserves further posures, including the incremental burden of and metabolism, would not be expected to study. And it does imply that the inability

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.073 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1023 to detoxify the cerebral spinal fluid may be high concentrations, but the additives that committees that oversaw the expansion of at least part of the neurological aspect of are included in vaccines are present in trace the Federally recommended schedule of this disease.’’ amounts, and even when multiple vaccines childhood vaccines in the 1990s. By all ac- Dr. Baskin described research he is con- are given, these are still very small amounts counts, Dr. Halsey was instrumental in the ducting which demonstrates what the effects of products. It is not established even that decision to seek the removal of Thimerosal of mercury are when it is not removed from thimerosal is associated with any harm as a from childhood vaccines in 1999. brain tissue: vaccine additive. In contrast to Dr. Midthun’s statements, ‘‘Let me turn to some studies that we’re ‘‘That said, we have committed a large Dr. Halsey told the New York Times that he doing at Baylor College of Medicine. We have amount of staff time and funding to try to was astonished when he reviewed an FDA the opportunity to actually grow human further elaborate these issues and have de- analysis of how much mercury was in vac- frontal cortex cells in cell culture. So these signed a whole series of studies that have cines being given to children: are cells from the front part of the brain been described in our written testimony that ‘‘My first reaction was simply disbelief, that grow in culture. We incubate these cells we believe will help address these issues.’’ which was the reaction of almost everybody with thimerosal at various doses, and we use She further stated: involved in vaccines. In most vaccine con- a number of very sophisticated techniques to ‘‘There are not data to—there are no estab- tainers, thimerosal is listed as a mercury de- detect cell death and cell damage.’’ lished harms associated with this. I know rivative, a hundredth of a percent. And what I believed, and what everybody else believed, * * * * * this is a subject of great concern, and a num- ber of studies are underway, but we do not was that it was truly a trace, a biologically- ‘‘Here are some pictures from our cell cul- have data that support known hazards asso- insignificant amount. My honest belief is ture experience, and you can see the arrows ciated with thimerosal contained in vaccines that if the labels had had the mercury con- pointing to those little knobs sticking off at this point.’’ tent in micrograms, this would have been the cell. These are the cells committing the Later in 2002, Dr. Karen Midthun, Director uncovered years ago. But the fact is, no one suicide program and breaking themselves of the FDA’s Office of Vaccines Research and did the calculation.’’ into tiny little pieces with a very low dose of ‘‘My first concern was that it would harm Review, expressed almost identical views: mercury.’’ ‘‘Our review showed no evidence of harm the credibility of the immunization program. ‘‘Here is a slide where you see a lot of blue But gradually it came home to me that caused by thimerosal used as a preservative cells. This is a blue dye that normal cells maybe there was some real risk to the chil- in vaccines except for local hypersensitivity don’t take up. In order for something to turn dren.’’ reactions.’’ blue, the cell has to have holes punched in In a statement released by Johns Hopkins their membranes. And guess what: At an ex- * * * * * University after the publication of the pro- traordinarily low dose of thimerosal, most of ‘‘To date, the existing data do not dem- file in the New York Times, Dr. Halsey clari- the cells are blue. It means that this stuff onstrate a causal relationship between vac- fied that he still does not believe that there grabs a hold of the membrane and punches cines and autism. Nonetheless, I want to as- is a connection between thimerosal and au- holes into it, so that the dye can penetrate, sure this committee, the public, and espe- tism: not only into the cytoplasm but into the cially parents, that the FDA continues to ‘‘Neal Halsey, MD, . . . does not and has very center of the cell, the nucleus, where all take these issues seriously.’’ not supported the belief that thimerosal or the DNA exists.’’ In her testimony, Dr. Midthun attempted vaccines themselves cause autism in chil- to downplay the extent to which the expo- dren, saying scientific evidence does not sug- * * * * * sure to ethylmercury from vaccines in the gest any causal association between any vac- ‘‘Don’t forget, we did this in adult brain 1990s exceeded the EPA’s threshold for cine and autism.’’ cells. Remember that infant brain cells are methylmercury exposure: However, Dr. Halsey’s statement made it much more sensitive, so there’s a real cause ‘‘During the first 6 months of life, cumu- equally clear that he believes that there may for concern.’’ lative exposure to mercury could have ex- be an association between exposures to low Dr. Baskin testified that other researchers ceeded the more conservative limits of the levels of mercury and other neurological im- in his field are finding similar results: EPA in some cases, depending on the specific pairments. His statement referred specifi- ‘‘At the recent International Meeting for vaccine formulations used and the weight of cally to the Faroe Islands studies and the Autism Research at the Society for Neuro- the infant.’’ calculation that the cumulative amount of science, a number of investigators around There is no question that the cumulative thimerosal in childhood vaccines exceeded the world are finding similar things. At Co- amount of ethylmercury on the rec- the EPA’s limits for methylmercury: ‘‘In 1999, Dr. Halsey became concerned that lumbia University, there’s now a model in ommended schedule of childhood vaccina- the use of thimerosal as a preservative in mice who were injected with low doses of thi- tions exceeded the EPA’s threshold for many vaccines led to some children being ex- merosal very similar to what’s given in methylmercury. In fact, there is little doubt posed to more ethylmercury than was rec- human vaccines. These mice develop neuro- that the amount of ethylmercury in indi- ommended, based on guidelines from the En- logical deficits that look like autism, and vidual vaccines exceeded the threshold. The when you take their brains out and you ana- vironmental Protection Agency for exposure EPA’s threshold is 0.1 micrograms per kilo- to methylmercury, a related product. Recent lyze them, they have the same type of brain gram of body weight. For an eleven-pound damage.’’ studies have determined that children who baby, the EPA’s safe threshold would be 0.5 as fetuses were exposed to low to moderate D. Public health officials continue to defend the micrograms. Although thimerosal has been use of thimerosal in vaccines amounts of methylmercury through fish con- removed from these vaccines today in the sumed by their mothers were at an increased Public health officials continue to resist United States, in the 1990’s, Aventis Pas- risk for having mild neurological learning the idea that thimerosal may have contrib- teur’s DTaP vaccine contained 25 deficiencies. The findings from the studies uted to the growth in autism spectrum dis- micrograms of thimerosal. did not show an association between orders. In public statements as recently as GlaxoSmithKline’s Hepatitis B vaccine con- methylmercury exposure and autism.’’ December of 2002, Federal officials have con- tained 12.5 micrograms of thimerosal. Wyeth tinued to defend the use of thimerosal, de- Lederle’s Hib vaccine contained 25 * * * * * spite the fact that: micrograms of thimerosal. ‘‘As a precaution and in an effort to make They asked vaccine manufacturers to re- Dr. Midthun’s carefully couched statement vaccines as safe as possible, Dr. Halsey move thimerosal from childhood vaccines suggested that there were many instances in worked with the American Academy of Pedi- more than three years ago; which U.S. infants were exposed to cumu- atrics and the Public Health Service in 1999 In the 1990’s, they acknowledged that many lative levels of ethylmercury from their vac- to urge reductions in exposure to mercury, children received a cumulative amount of cines that were significantly lower than the in all its forms, for infants and children, and ethylmercury in vaccines that exceeded the EPA threshold for methylmercury. In the to discontinue using thimerosal as a preserv- EPA’s safe limits for methylmercury; 1990’s, at least, this does not appear to have ative whenever possible.’’ One Federally sponsored study showed an been the case. It is clear that the DTaP, Hep- E. Research on the effects of thimerosal has association between thimerosal in vaccines atitis B and Hib vaccines exceeded the EPA’s been too limited to draw conclusions and some developmental disorders. threshold individually for almost all infants, To date, very little epidemiological or clin- On April 18, 2002, the Committee heard tes- without even considering cumulative ical research has been done on the neuro- timony from Melinda Wharton, Director of amounts. In fact, as will be discussed in the logical effects of thimerosal, and particu- the Epidemiology and Surveillance Division next section of this report, the amount of larly its ethyl-mercury component. As the of the CDC’s National Immunization Pro- ethylmercury in these vaccines also exceed- IOM noted in its report on thimerosal, ‘‘the gram. Her response to a question about mer- ed the FDA’s higher threshold of 0.4 data regarding toxicity of low doses of thi- cury in vaccines hinted at the skeptical atti- micrograms per kilogram for most babies. merosal and ethylmercury are very limited,’’ tude that prevails at the CDC and the FDA: One vaccine policymaker, who was at least and most of the conclusions that have been ‘‘As far as the thimerosal issue is con- partially swayed by the Faroe Islands stud- drawn about ethylmercury are based on cerned, the evidence is too incomplete and ies and other evidence, was Dr. Neal Halsey, analogies to methylmercury, which has been fragmentary to make any decisions about Director of the Institute of Vaccine Safety more widely studied. The few studies that causation. Of course, many substances are at Johns Hopkins University. Dr. Halsey was have been performed on ethylmercury have known to be dangerous when administered in an influential member of Federal advisory been of limited value, for several reasons.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.075 E21PT1 E1024 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 Perhaps Dr. Thomas Verstraeten con- ulation in different areas. If there’s some United States wasn’t accomplished until ducted the broadest review of a possible rela- metabolic difference based on race or sex or after the turn of the century. Today, the vac- tionship between thimerosal and neuro- where you live or other things, they wouldn’t cine for influenza given to infants still con- logical disorders in 2000. This study reviewed have found it.’’ tains trace amounts of ethylmercury. several years of medical records from the 3. Blood samples were drawn too late to de- For decades, ethylmercury was used as a Vaccine Safety Datalink maintained by the tect peak levels of mercury: preservative or anti-bacterial agent in a CDC. As noted earlier, Phase I of this study In an effort to determine how long it takes range of products, including antiseptic oint- purported to find a statistically significant ethylmercury to be expelled from an infant’s ments for treating cuts, nasal sprays, eye so- association between exposure to thimerosal body, and what the expected half-life of in- lutions, diaper rash treatments, contracep- and some neurological disorders. However, jected ethylmercury is, the authors drew tive products, and perhaps most impor- this study has never been published. More- blood from their subjects at varying times tantly, vaccines. Several years after an FDA over, because the data used in the study between three and 28 days after shots were advisory committee found that thimerosal comes from the Vaccine Safety Datalink, administered. However, as Dr. Baskin notes, wasn’t safe for use in topical ointments, new and because the medical records in this data- peak levels of mercury in the blood are ex- childhood vaccines containing thimerosal base are jealously guarded by the CDC, the pected to appear within 24 hours: were being approved and added to the rec- data used in this study has never been made ‘‘We know the stool levels were high, but if ommended schedule. It appears that nobody public. It is discussed at greater length in you look at when they actually measured analyzed the potential impact of the in- the next section of this report. the blood levels, they said it was somewhere creased cumulative amount of mercury to In November of 2002, a study on thimerosal between 3 and 27 days later. The peak mer- which young children were being exposed. In conducted at the University of Rochester cury levels after injection occur within fact, if Congress had not enacted legislation was published in The Lancet, Great Britain’s hours or at least within the first 24 hours. So in 1997 requiring the FDA to study the premiere medical journal. The authors stud- if they were drawing blood later than that, amounts of mercury being used in FDA-ap- ied 40 children who were given vaccines con- and much later than that, of course the lev- proved products, it is questionable that the taining thimerosal, and 21 children who were els weren’t going to be high. But the mer- FDA would have analyzed mercury in vac- given vaccines without thimerosal. Samples cury doesn’t jump from the injection to the cines at all. It is no wonder that, in its report on thi- of blood, stools and urine were obtained from stool; it goes through the blood. At some merosal, the Institute of Medicine com- 3 to 28 days after vaccination to determine point it was high because it was high in the how much mercury remained in the blood mented: stool.’’ ‘‘The presence of mercury in some vaccines and how much was expelled in the urine and can raise doubts about the entire system of in stools. * * * * * ensuring vaccine safety, and late recognition The authors found low levels of mercury in ‘‘You can’t do a pharmacokinetic study if of the potential risk of thimerosal in vac- the blood of infants exposed to thimerosal, you don’t have the peak level. They clearly cines may contribute to a perception among and high levels of mercury in their stools, in- didn’t have the peak level because they have some that careful attention to vaccine com- dicating to them that ethylmercury has a high stool mercury, and they have low blood ponents has been lacking.’’ shorter half life then methylmercury, and mercury—it doesn’t make sense.’’ 4. The study did not measure the effects of It is clear that the guiding principal for that most of the mercury was excreted FDA policymakers has been to avoid shaking through the gastro-intestinal tract. Accord- mercury on infants, only the levels of mer- cury: the public’s confidence in the safety of vac- ing to the authors: cines. For this reason, many FDA officials ‘‘We have shown that very low concentra- While the University of Rochester study have stubbornly denied that thimerosal may tions of blood mercury can be detected in in- measured the levels of mercury in infants’ cause adverse reactions. Ironically, the fants aged 2–6 months who have been given bodies at various times beyond peak levels, FDA’s unwillingness to address this issue vaccines containing thiomersal [sic]. How- it did not attempt to determine the effects of more forcefully, and remove thimerosal from ever, no children had a concentration of the mercury on their bodies. This limitation vaccines earlier, may have done more long- blood mercury exceeding 29 . . . parts per bil- was clearly brought out in an exchange be- term damage to the public’s trust in vac- lion, which is the concentration thought to tween Congressman Burton and Dr. Chris- cines than confronting the problem head-on. be safe in cord blood.’’ topher Portier, Director of the Environ- Given the serious concerns about the safety The authors went on to conclude: mental Toxicology Program at the National ‘‘Overall, the results of this study show Institute of Environmental Health Sciences: of thimerosal, the FDA should have acted that amounts of mercury in the blood of in- Mr. Burton: ‘‘Does the study recently pub- years earlier to remove this preservative fants receiving vaccines formulated with lished in The Lancet identify the effects of from vaccines and other medicines. thiomersal [sic] are well below concentra- mercury on infants who are vaccinated with B. Thimerosal manufacturers accumulated tions potentially associated with toxic ef- thimerosal?’’ evidence of the toxicity of thimerosal fects. Coupled with 60 years of experience Dr. Portier: ‘‘No.’’ Eli Lilly and Company of Indianapolis li- with administration of thiomersal-con- Given the small sample size, the failure to censed thimerosal in 1930. It was marketed taining vaccines, we conclude that the measure mercury at peak levels, and the under the brand name ‘‘Merthiolate.’’ It was thiomersal in routine vaccines poses very lit- study’s inability to measure the effects of used extensively both in topical ointments tle risk to full-term infants, but that the ethylmercury present in the bodies of to prevent infections and as a preservative in thiomersal-containing vaccines should not the subjects, it is difficult to understand how a variety of medicines. However, it now ap- be administered at birth to very low birth the authors can come to the broad conclu- pears that very little research on the safety weight, premature infants.’’ sion that, ‘‘the thimerosal in routine vac- or effectiveness of thimerosal was ever done. Skeptics of a vaccine-autism connection cines poses very little risk to full-term in- Eli Lilly was not the only manufacturer of hailed this study. However, its value is lim- fants.’’ If anything, the limitations of this thimerosal or other ethylmercury products. ited by a number of criticisms that have study point out the need for much more re- In fact, they phased out their production of been raised since its publication. Some of search to be done. As Dr. Baskin pointed out: thimerosal in 1974. However, Eli Lilly ini- the most commonly cited shortcomings were ‘‘They described this as a descriptive tially patented this product and had a longer discussed in testimony at the Committee’s study, and that’s exactly what it was. It pro- history with it than any other company. December 10, 2002, hearing by Baylor Univer- vides some interesting information, it’s a Therefore, it is appropriate to review Lilly’s sity’s Dr. Baskin. start, but the interpretation is inaccurate.’’ track record in ensuring the safety and reli- 1. The sample size was very small: VII. EVIDENCE OF ETHYL MERCURY’S TOXICITY ability of this product. A review of internal Eli Lilly documents Only 40 children who received thimerosal WAS NEGLECTED BY MANUFACTURERS AND dating back 70 years suggests that the only were studied. If a small number of children FEDERAL REGULATORS FOR YEARS were genetically predisposed to injury by study of thimerosal involving human sub- A. Introduction mercury, the chances of a sample of 40 chil- jects was done prior to 1930. For the next dren detecting such a trend would be very Evidence of ethylmercury’s toxicity was seven decades, Lilly spokespeople would low. In his testimony, Dr. Baskin stated: available to Federal regulators and the pri- refer to that original study as evidence of ‘‘The sample size, as you said, Dr. Weldon, vate sector almost from the product’s incep- thimerosal’s safety. However, it is now clear was small. Autism occurs in one in 150 kids. tion. For far too long, both neglected this that this uncontrolled study was woefully in- So if a child had some different tendency in evidence. Despite evidence dating to the adequate. their blood to absorb more mercury or have 1930s that ethylmercury in medicines was po- As previously discussed in this study, an it remain in the blood longer or be more sen- tentially hazardous, little was done to re- intravenous solution containing thimerosal sitive in their brain, if they only checked 40 move it from a number of products until the was tried as an experimental treatment for kids, they may well not have found even one 1980’s. Even then, regulatory actions to re- 22 men who were seriously ill with Menin- kid with a predisposition to autism.’’ move thimerosal and other mercury com- gitis. While the treatment was found to be 2. The sample was not random: pounds from medical products proceeded at a ineffective, the doctor who conducted the In his testimony, Dr. Baskin commented glacial pace. The decision to remove thimer- study concluded that the solution caused no on the importance of a random sample size: osal from topical ointments was not final- harmful side effects. It is clear today that ‘‘The sample wasn’t random. They didn’t ized until 1998. The removal of thimerosal such a limited number of subjects, all suf- take kids from different portions of the pop- from several childhood vaccines in the fering from the same serious illness, would

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.077 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1025 hardly qualify as a sufficiently sized random ‘‘We have obtained marked local reaction ganic mercury products. For instance, they sample, and a study such as this one would in about 50% of the dogs injected with serum cited a Swedish study that showed that 10 be of very little value by today’s standards. containing dilutions of Merthiolate, varying percent of school children, 16 percent of mili- In fact, an internal Eli Lilly memo from 1972 in 1 in 40,000 to 1 in 5,000, and we have dem- tary recruits, 18 percent of twins, and 26 per- candidly notes the study’s shortcomings: onstrated conclusively that there is no con- cent of medical students had hyper- ‘‘Considering the type of patient involved, nection between the lot of serum and the re- sensitivity to thimerosal. They stated that one might question these observations (the action. In other words, Merthiolate is unsat- while organic mercury compounds like thi- appearance of no deleterious action) as pro- isfactory as a preservative for serum in- merosal were initially developed to decrease viding adequate indication of any harmful tended for use on dogs. Occasional dogs do the toxicity of the mercury ion, thimerosal effects of high doses of Merthiolate in hu- not show the local reaction, but in some in- was actually found to be more toxic than bi- mans, in particular, more long term effects.’’ stances, the reaction is extremely severe. I chloride of mercury for certain human cells. In 1973, the FDA requested additional data might say that we have tested Merthiolate By way of summary, they stated the fol- on Merthiolate from Eli Lilly. Lilly’s Direc- on humans and find that it gives a more lowing: tor of Regulatory Affairs, E.A. Burrows, re- marked local reaction than does phenol or ‘‘The Panel concludes that thimerosal is sponded with a ringing defense of Lilly’s tricresol.’’ not safe for OTC topical use because of its product on February 14, 1973: A 1947 paper published by an Army physi- potential for cell damage if applied to bro- ‘‘Due to the length of time this product has cian in Baltimore reported that Merthiolate ken skin, and its allergy potential. It is not been on the market, its efficacy and safety was causing contact dermatitis in his pa- effective as a topical antimicrobial because have been proven by over forty years of use tients. He concluded: its bacteriostatic action can be reversed.’’ throughout the world. Because of this long ‘‘No eruptions or reactions have been ob- Despite the fact that the expert committee period of use, it would be difficult to get rec- served or reported to Merthiolate internally, found thimerosal and other ethyl-mercury ognized researchers to conduct new studies but it may be dangerous to inject a serum compounds unsafe and ineffective for over- for safety or efficacy. They believe that over containing Merthiolate into a patient sen- the-counter products, the FDA would not forty years of wide usage has proven efficacy sitive to Merthiolate.’’ formally require the removal of mercury and safety beyond that which could be done A 1948 paper from an Arizona doctor re- from these products for another 18 years. in special studies.’’ ported the case of a woman who suffered re- Despite Mr. Burrow’s contention, numer- The submission of the committee’s report in peated multiple reactions to Merthiolate ap- 1980 set in motion a tortuous bureaucratic ous internal Lilly documents recognized the plied to her skin prior to surgery. She re- lack of data on thimerosal and suggested the process that would not result in the banning portedly suffered chills and fevers and had of mercury from over-the-counter products need for more research: small vesicles and erythema in the area of An April 24, 1930, intra-office memo stated: until 1998. The agency published Advanced her Merthiolate application. After her recov- Notice of Proposed Rules or Notice of Pro- ‘‘. . . in view of our experience with the ery, the patient indicated that the ulcer for merthiolate solution, we have to know pret- posed Rules regarding these products in 1980, which she was being surgically treated ap- 1982, 1990, 1991, 1994 and 1995. ty definitely what to expect from merthio- peared after repeated application of a tinc- What makes the glacial pace of these pro- late ointment and jelly before they are put ture of Merthiolate. She continued applying ceedings all the more mystifying is that on the market . . . Can we expect to have the the Merthiolate until her skin became too there appears to have been no opposition to stronger ointment and jelly used without raw and painful to continue use, and then this action throughout the process. No indi- complaint which attended the use of the so- sought medical care. viduals sought to appear before the advisory lution in the same strengths? . . . Our expe- A 1950 New York Academy of Sciences arti- committee in defense of mercury-containing rience with the solution ought to serve as a cle entitled, ‘‘Mercurials as Antiseptics,’’ products, and when the FDA sought public warning and certainly in the face of that found that Merthiolate ‘‘is toxic when in- comment along the way on proposed rules to warning we ought not to advocate the use of jected parenterally and therefore cannot be ban certain mercury-based products, it re- the stronger products without some pretty used in chemotherapy.’’ ceived none. At the time of the FDA’s final definite evidence that we will not repeat our A 1973 article, entitled, ‘‘Dangers of Skin action, there were 20 over-the-counter prod- solution experience.’’ Burns from Thimerosal,’’ reported the case ucts containing mercury being marketed by A September 1934, paper from Lilly’s files of a woman who received severe burns result- eight different manufacturers. Their silence states: ing from a chemical interaction between thi- ‘‘[L]ittle is known about the effect of mer- on this point is telling. merosal and aluminum. The article sug- curic compounds when inoculated into hu- gested that thimerosal and aluminum should D. The FDA’s actions to remove mercury from mans. It is therefore preferable to use the not be used together. Later in 1973, Lilly’s over-the-counter products should have minimum amount of this preservative nec- legal department recommended new labeling prompted a review of mercury in vaccines. essary to maintain the sterility of the prod- language for thimerosal products: ‘‘Do not uct.’’ It is difficult to understand why it took use when aluminum may come in contact An April 1969, memo regarding the possible the FDA 18 years to remove mercury from with treated skin.’’ Unfortunately, thimer- use of thimerosal in contact lens solution over-the-counter products. It is equally dif- osal and aluminum were used together in the states: ficult to understand why the expert panel’s ‘‘When Merthiolate breaks down, are the DTP and DTaP vaccines for years. 1980 findings on thimerosal’s safety in top- degradation products toxic or irritating? Our C. The FDA was painfully slow to require the ical ointments did not prompt the FDA to files yield no test information on the removal of mercury from over-the-counter further and immediately review the use of irritancy of degraded merthiolate.’’ (OTC) products. thimerosal in vaccines. Surely there must In 1974, the FDA undertook a comprehen- have been concern that if it was not safe to * * * * * apply ethylmercury to the surface of an indi- ‘‘Would we recommend the use of merthio- sive review of the safety and effectiveness of vidual’s skin, it might not be safe to inject late solution to store and sterilize contact over-the-counter medicines. As one facet of ethylmercury deep into an infant’s tissue. lenses? In the absence of appropriate data, a this review, a panel of experts was assembled The Director of the FDA’s National Center positive recommendation could not be made, to review the safety and efficacy of over-the- expressed such a concern at a 1999 meeting this use does not seem unreasonable and counter drugs containing mercury. The Advi- for Toxicological Research, Dr. Bernard probably would not be hazardous.’’ sory Review Panel on OTC Miscellaneous Ex- Schwetz, who went on to serve as the Acting A December 1972, memo states: ternal Drug Products began this review in ‘‘A review of some data being generated by 1975. In 1980, the panel delivered its report to Director of the FDA for nearly a year: the current concern for mercury in the envi- the FDA. It reviewed 18 products containing ‘‘One thing I haven’t heard discussed, the ronment suggests it would be advisable to mercury, and found them all either unsafe or fact that we know that ethylmercury is a obtain data on the metabolic deposition of ineffective for their stated purpose of killing skin sensitizer when it’s put on the skin, and Merthiolate.’’ . . . bacteria to prevent infections. now we’re injecting this IM (intra- An August 1973, memo entitled, ‘‘Merthio- In terms of effectiveness, the panel stated muscularly) at a time when the immune sys- late Toxicity,’’ acknowledged: that, ‘‘mercury compounds as a class are of tem is just developing, the functionality of ‘‘The effects of long-term, intravenous use dubious value for anti-microbial use.’’ They the immune system is just being set at this in man is not known, no long-term toxicity stated that, ‘‘mercury inhibits the growth of age. So now we’re injecting a sensitizer sev- tests have been performed.’’ bacteria, but does not act swiftly to kill eral times. During that period of time, Perhaps more disturbing is that Lilly’s them.’’ In fact, the panel cited a 1935 study what’s the impact of a sensitizer—of some- files contained numerous papers and reports of the effectiveness of thimerosal in killing thing that is known to be a skin sensitizer, documenting the toxicity and hyper- staphylococcus bacteria on chick heart tis- what is the effect on the functional develop- sensitivity of Merthiolate. Although these sue. The study determined that thimerosal ment of the immune system when you give a papers and case reports strongly suggested was 35 times more toxic to the heart tissue chemical of that kind repeatedly IM?’’ the need for much more research, there ap- it was meant to protect than the bacteria it Different branches of the FDA regulate parently was little follow-up. was meant to kill. over-the-counter products and vaccines. A July 1935, letter from the Pittman-Moore In terms of safety, the panel cited a num- OTCs are regulated by the Center for Drug Company indicated that Merthiolate was not ber of studies demonstrating the highly al- Evaluation and Research (CDER). Vaccines appropriate for use in dogs: lergenic nature of thimerosal and related or- are regulated by the Center for Biologics

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.079 E21PT1 E1026 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 Evaluation and Research (CBER). This, how- thimerosal-containing vaccines that re- Federal officials have never publicly ac- ever, is little justification for the lack of co- mained in stock in doctors’ offices continued knowledged this second fact. In public state- ordination. The FDA’s determination that to be used. In point of fact, we have no proof ments and Congressional testimony, they mercury was unsafe and should be removed that in 2003, some children in the United have acknowledged only that the EPA’s from over-the-counter medications was pub- States are not still receiving thimerosal-pre- lower limit was exceeded, even though sim- lished in the Federal Register no fewer than served vaccines that have lingered in med- ple math makes clear that most infants also five times prior to the FDA’s belated review ical offices or clinics. breached the FDA’s higher limit of 0.4 of mercury in vaccines. The CDC’s decision not to endorse thimer- micrograms per kilogram. What finally prompted the FDA to review osal-free vaccines in 2001 is particularly Dr. Neal Halsey, Director of the Institute mercury in vaccines was not its own regu- troubling. With the exception of the influ- of Vaccine Safety at Johns Hopkins Univer- latory process, but rather an act of Congress. enza vaccine, all major childhood vaccines sity, acknowledged this important fact, how- In 1997, Congress passed and the President were being manufactured without thimerosal ever. As previously mentioned, Dr. Halsey signed into law, the Food and Drug Adminis- at that time, so there was little threat of became convinced that thimerosal should be tration Modernization Act (FDAMA). Among shortages. Their failure to state a preference removed from vaccines. On June 22, 1999, Dr. other things, this law required the FDA to was an abdication of their responsibility. Ball presented the results of her research to compile a list of foods and drugs that con- The task of analyzing the amount of mer- the Medical Policy Coordinating Committee tained intentionally-introduced mercury, cury in vaccines and its ramifications was of the FDA’s Center for Biologics Evaluation study its effects on the human body, and re- assigned to Dr. Leslie Ball, a pediatrician and Review (CBER). Dr. Halsey attended strict its use if found to be harmful. employed at the FDA and her husband and that meeting. The next day, on June 23, 1999, colleague Dr. Robert Ball, a medical officer Dr. Halsey wrote a letter to the members of E. Federal regulators moved too slowly to at FDA’s CBER. Despite the general lack of remove thimerosal from vaccines the American Academy of Pediatricians’ scientific research on the toxicity of Committee on Infectious Diseases, which he Once the FDA did initiate its review of ethylmercury, their review of the available chaired. He stated: mercury in vaccines, it kicked off a vigorous literature led to two working conclusions: ‘‘In the past few days, I have become aware debate among Federal regulators over the 1. The recommended guidelines for expo- that the amount of thimerosal in most hepa- dangers of using thimerosal in childhood sure to methylmercury were a good starting titis B, DTaP and Hib vaccines that we ad- vaccines. This debate, which at times pitted point for reviewing exposure to minister to infants results in a total dose of one health-care bureaucracy against an- ethylmercury; and mercury that exceeds the maximum expo- other, spanned nearly three years. Given the 2. The amount of ethylmercury in chil- sure recommended by the EPA, the FDA, fact that almost twenty years had passed dren’s vaccines exceeded the EPA’s guide- CDC and WHO . . .’’ since an expert panel had determined that lines for exposure to methylmercury. An exchange of e-mails in October of 1998 Dr. Halsey’s admission that more than just thimerosal was unsafe in topical ointments, the EPA’s more conservative guideline was it is surprising that there was any further makes clear that Dr. Leslie Ball was already leaning toward the removal of thimerosal exceeded is a significant departure from the debate at all. public statements of most Federal officials. There was tremendous reluctance on the from vaccines. It also makes clear that there was internal resistance to such an action. Dr. Halsey acknowledges that the guidelines part of some officials to admit that a mis- of the EPA, the CDC, the FDA and the World take had been made in allowing Dr. Marion Gruber of the Office of Vaccine Research and Review forwarded an internal Health Organization were all exceeded. ethylmercury to be used in vaccines. There Another noteworthy fact is that the charts was great uncertainty in others caused by FDA memo to Dr. Ball, which concluded that: produced by Dr. Rumack, and the FDA’s the lack of data specifically on analysis in general, failed to take into con- ethylmercury. However, the institutional re- ‘‘. . . no scientific database to take regu- latory actions and to recommend to take sideration the background levels of mercury sistance to change was counter-balanced by to which children are exposed from other the growing realization that there was more thimerosal either out of vaccines or to leave it in. In fact, somebody should perform the sources. Dr. Ball pointed out this weakness ethylmercury in childhood vaccines than in her June 1999 e-mail: previously thought, and that nobody had adequate studies to come to a conclusion on the toxicity of thimerosal or its metabolized ‘‘These calculations do not account for thought to calculate the cumulative other sources of Hg [mercury] in the environ- amounts. The essence of the debate was cap- forms.’’ Dr. Ball’s response on October 15, 1998, to ment. Even infants can have additional expo- tured in a 1999 e-mail from a former FDA of- Dr. Hasting’s conclusion was sharp: sures, e.g., breast milk.’’ ficial weighing the pros and cons of taking ‘‘I disagree about the conclusion regarding One document written by Dr. Ball esti- action. He opined that hastening the re- no basis for removal of thimerosal. On a mated that exposure to mercury from moval of thimerosal from vaccines would: strictly scientific basis, yes, there are no sources other than vaccines could total ‘‘. . . raise questions about FDA being data that have looked at the specific issue of roughly 80 to 100 micrograms per year. Back- ‘asleep at the switch’ for decades by allowing thimerosal in vaccines. However, there are ground levels were included in all calcula- a potentially hazardous compound to remain factors/data that would argue for the re- tions prepared by the European Medical in many childhood vaccines, and not forcing moval of thimerosal, including data on Evaluation Agency, which was at the time manufacturers to exclude it from new prod- methylmercury exposure in infants and the reviewing thimerosal in vaccines in Europe. ucts. It will also raise questions about var- knowledge that thimerosal is not an essen- If background levels of mercury had been in- ious advisory bodies regarding aggressive tial component to vaccines. In addition, the corporated into the FDA’s and CDC’s cal- recommendations for use. (We must keep in European community is moving to ban thi- culations, the results would have been even mind that the dose of ethylmercury was not merosal.’’ more pronounced, possibly even leading to generated by ‘rocket science’. Conversion of In a 2002 interview with Committee staff, more aggressive measures to remove thimer- the percentage thimerosal to actual Dr. Ball confirmed that it was her opinion osal. It is unfortunate that this simple, and micrograms of mercury involves ninth grade that, if there was any question, the safest scientifically expected step was not taken. algebra. What took the FDA so long to do course of action should be taken, and thi- The issue of what to do with thimerosal in the calculations? Why didn’t CDC and the merosal should be removed. vaccines came to a head in the summer of advisory bodies do these calculations when An important part of the FDA’s review was 1999. In June and July, a series of meetings they rapidly expanded the childhood immu- a comparison of the amount of ethylmercury were held involving the FDA, the CDC, the nization schedule?)’’ in vaccines to the recommended safe levels Public Health Service, the American Asso- It is clear that each time an important de- for exposure to methylmercury established ciation of Pediatricians, and other agencies. cision had to be made, the factions that were by the EPA and the FDA. In 1999, a consult- Documents reviewed by the Committee indi- skeptical of thimerosal’s dangers and fa- ant to the FDA, Dr. Barry Rumack, devel- cate that the Public Health Service opposed vored a ‘‘go-slow’’ approach, were able to oped a pharmacokinetic model to analyze a public effort to remove thimerosal from water down the actions. In 1999, when the the amount of mercury to which infants vaccines. One FDA document stated that the Federal government could have ordered thi- were being exposed. The FDA produced to Public Health Service was concerned that merosal removed from vaccines by a specific the Committee two charts developed from stating a preference for thimerosal-free vac- date, or stated a preference for thimerosal- that model dated June 28, 1999. Both charts cines could ‘‘result in unwarranted loss of free vaccines, a statement was instead issued demonstrate what has now become widely confidence in immunization programs in the asking for a commitment from vaccine man- acknowledged, that most children in the US and internationally, shortages of child- ufacturers to eliminate or reduce mercury in 1990s received doses of ethylmercury in their hood vaccines might ensue, and other poten- vaccines as expeditiously as possible. As a vaccines that exceeded the EPA’s limits for tial far-reaching ramifications are envi- result, almost two years passed before the exposure to methylmercury (0.1 micrograms sioned.’’ three major thimerosal-containing vac- per kilogram) for at least the first six In a July 2, 1999, e-mail, Dr. Ruth Etzel of cines—DTaP, Hib and Hepatitis B—were months of their lives. Even more signifi- the Department of Agriculture also noted being manufactured in thimerosal-free for- cantly, the charts also indicate that most the Public Health Service’s resistance: mulations. In 2001, when the CDC and its in- children received doses of ethylmercury that ‘‘We must follow the three basic rules: (1) fluential advisory committee could have exceeded the FDA’s less-restrictive limits act quickly to inform pediatricians that the stated a preference for thimerosal-free vac- (0.4 micrograms per kilogram) for at least products have more mercury than we real- cines, they chose not to do so. As a result, the first two months of their lives. ized; (2) be open with consumers about why

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.081 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1027 we didn’t catch this earlier; (3) show contri- The fact that more forceful action to re- and it could entail financial losses for all ex- tion. As you know, the Public Health Service move thimerosal from the vaccine market- isting stocks of vaccines that contain thi- informed us yesterday that they were plan- place was not taken in 1999 is disappointing. merosal.’’ ning to conduct business as usual, and would Just as disappointing, and even more dif- The financial health of the industry should probably indicate no preference for either ficult to understand, is the fact that the never have been a factor in this decision. The product. While the Public Health Service CDC, on two separate occasions, refused to financial health of vaccine manufacturers may think that their ‘product’ is immuniza- publicly state a preference for thimerosal- certainly should never have been more im- tions, I think their ‘product’ is their rec- free vaccines. portant to the Federal health officials than ommendations. If the public loses faith in In June of 2000, the CDC’s Advisory Com- the health and well being and the nation’s the PHS recommendations, then the immu- mittee on Immunization Practice met in At- children. The CDC has a responsibility to nization battle will falter. To keep faith, we lanta. Among other things, the Advisory protect the health of the American public. If must be open and honest now and move for- Committee was called upon to recommend there were any doubts about the neuro- ward quickly to replace these products.’’ whether the CDC should issue a public state- logical effects of ethylmercury in vaccines Adding to the pressure on the Federal gov- ment of preference for thimerosal-free vac- on children—and there were substantial ernment to act was the fact that steps were cines. At the time, the industry was in the doubts—the prevailing consideration should being taken in Europe to remove thimerosal midst of its transition to thimerosal-free have been how best to protect children from from vaccines. On April 19, 1999, the Euro- childhood vaccines, and several vaccines con- potential harm. However, it appears that pean Agency for Medicinal Evaluation taining thimerosal were still on the market. protecting the industry’s profits took prece- (EMEA) met in London. The EMEA is re- Of particular concern was the DTaP vaccine. dent over protecting children from mercury sponsible for establishing guidelines for the In June of 2000, three of the four DTaP man- damage. use of drugs and biologics in the European ufacturers (Aventis Pasteur, North American In opting not to state a preference for thi- Union. The FDA’s Dr. Norman Baylor at- Vaccine and Wyeth) were still producing merosal-free vaccines, the Advisory Com- tended this meeting. Following this meeting, DTaP with thimerosal. Only SmithKline mittee shrugged off two sensible proposals on June 29, 1999, the EMEA issued a docu- Beecham produced a thimerosal-free DTaP. that were presented during the meeting. A ment encouraging the removal of thimerosal In addition, because manufacturers of the representative of SmithKline Beecham (now from childhood vaccines: Hib and Hepatitis B vaccines had just re- GlaxoSmithKline) stated that her company ‘‘Vaccines: The fact that the target popu- cently converted to formulas that were thi- could supply sufficient amounts of thimer- lation for vaccines in primary immunization merosal-free or contained trace amounts of osal-free DTaP vaccine to ensure that the schedules is a healthy one, and in view of the thimerosal, older versions of these vaccines youngest infants receiving the initial doses demonstrated risks of thiomersal (sic) and containing thimerosal were still in inven- of DTaP could receive thimerosal-free doses: other mercurial containing preservatives, tories and being used around the country. ‘‘I think it’s important that you know precautionary measures (as outlined below) A statement of preference by the CDC that, although we cannot supply the entire could be considered. would have been a clear signal to pediatri- U.S. market right now for all five doses im- ‘‘For vaccination in infants and toddlers, cians not to use vaccines containing thimer- mediately, we would be able to supply the the use of vaccines without thimerosal [em- osal, when thimerosal-free versions were vast majority of the U.S. market for the pri- phasis added] and other mercurial preserva- available. This action would have substan- mary series, that is with targeting of the tives should be encouraged.’’ first three doses.’’ By early July, a compromise on a course of tially reduced the exposure to ethylmercury for many infants. Despite this knowledge, Given the repeated concerns expressed action was reached in the U.S. between the about the effects of mercury on the devel- competing factions. A joint statement was the advisory committee voted unanimously oping central nervous system in very young released by the American Academy of Pedi- not to state a preference. CDC officials guided the Advisory Com- babies, ensuring thimerosal-free doses for atrics and the U.S. Public Health Service. mittee toward this conclusion. For example, the first three boosters of DTaP would seem The statement included the following points: Acknowledged that some children may while three different options were presented to merit serious consideration. However, this have been exposed to levels of mercury that to the Advisory Committee members, a de- suggestion was passed over without any com- exceed one Federal guideline on tailed policy statement to be issued to the ment. Later in the discussion, Dr. Neal Halsey methylmercury during the first six months public had been prepared for only one of made another suggestion that would limit of life; these options—a statement of no preference. Asserted that there is no evidence of any In describing the three options, Dr. Roger the exposure of infants to ethylmercury. He harm caused by thimerosal in vaccines; Bernier of the CDC clearly indicated the suggested that the Advisory Committee Called on vaccine manufacturers to make a CDC’s desire not to state a preference for adopt a policy that no child should receive clear commitment to reduce as expeditiously thimerosal-free vaccines. He said: more than one thimerosal-containing vac- as possible, the mercury content of their ‘‘We believe that such a policy would be cine per day: vaccines; consistent with the evidence that we have at ‘‘Roger, you said that after July, the max- Urged doctors and parents to immunize all this time. The policy seems to be imum exposure will be 75 micrograms. My children, even if thimerosal-free vaccines are working . . .’’ understanding from the information pre- not available; and * * * * * sented from the manufacturers is that there Encouraged doctors and parents to post- ‘‘As I said, the policy seems to be working. really still is some Hib out there in the mar- pone the Hepatitis B vaccine (which con- So this indicates that on this particular fac- ket that is being used, but does contain thi- tained thimerosal at the time, and was gen- tor, this policy is moving us in an upward di- merosal as a preservative. There also is hep- erally given immediately after birth) until rection towards—it’s a positive thing.’’ atitis B out there that does contain it. So the child is two to six months old, unless the In rejecting a statement of preference for there’s no guarantee the maximum exposure mother tested positive for Hepatitis B. thimerosal-free vaccines, the Advisory Com- would be 75 micrograms. What I proposed Given the information that the Federal mittee considered a number of factors. These last October was that they put a limit of one agencies had at the time, the plan of action included a desire to avoid confusion, and a thimerosal-containing vaccine as a preserva- laid out in the joint statement was inad- concern that immunization rates might fall, tive per visit, which would then guarantee equate. They could have, but did not, ac- allowing for an outbreak of diseases such as what you’re looking for. And I think that knowledge that the amount of thimerosal in Pertussis or Hepatitis B. However, one of the that’s the right policy because that allows vaccines exceeded every Federal guideline factors that were also considered was the fi- for the continued use, though very limited. for exposure to methylmercury for the ma- nancial health of the vaccine industry. In de- It eliminates the maximum exposure, but jority of infants. They could have, but did scribing the pros and cons of each option, Dr. you do have the problem of what’s in the not, require vaccine manufacturers to re- Bernier returned several times to financial pipeline.’’ move thimerosal from vaccines by a specific issues: Again, it appears that this seemingly sen- date. They could have, but did not, urge pe- ‘‘We think that having this type of a more sible proposal received no serious consider- diatricians to choose thimerosal-free vac- staged transition reduces the potential for fi- ation. cines when both thimerosal-containing and nancial losses of existing inventories, and is One year later, in June of 2001, the Advi- thimerosal-free vaccines were available. somewhat akin to what was done in the tran- sory Committee again rejected the idea of As a result of the limited steps taken in sition from oral polio to inactivated polio expressing a preference for thimerosal-free 1999, vaccines containing thimerosal re- . . .’’ vaccines, despite the fact that all manufac- mained on the market for nearly two years. turers of Hib, Hepatitis B and DTaP had GlaxoSmithKline’s Hepatitis B vaccine did * * * * * shifted to thimerosal-free products at that not become thimerosal-free until March of ‘‘It could entail financial losses of inven- point. The CDC’s decision not to express a 2000, and Aventis Pasteur’s DTaP vaccine did tory if current vaccine inventory is wasted. preference for thimerosal-free vaccines, and not become thimerosal-free until March 2001. It could harm one or more manufacturers the Advisory Committee’s concurrence in In addition, thimerosal-containing vaccines and may then decrease the number of sup- this policy, was an abdication of their re- on the shelves in doctor’s offices around the pliers.’’ sponsibility. As a result of their inaction, country continued to be used in spite of the * * * * * children continued to receive vaccinations fact that thimerosal-free versions were ‘‘The evidence justifying this kind of ab- containing ethylmercury at a time when available. rupt policy change does not appear to exist, there were serious doubts about its safety.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.083 E21PT1 E1028 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 What makes the CDC’s decision even more old not be immunized with Thimerosal- con- nervous system, looking at the developing vexing is that just prior to the Advisory taining vaccines if suitable alternative prep- immune systems, and the effects of these Committee meeting in 2000, a study con- arations are available...I do not believe agents on that at critical times of develop- ducted by the CDC suggested that there was that the diagnoses justifies compensation in ment, hasn’t been—hasn’t been done—and I at least a weak correlation between exposure the Vaccine Compensation Program at this think that knowledge is very important.’’ to thimerosal and several types of neuro- point. I deal with causality, it seems pretty At the same meeting, Dr. Bernard Schwetz, logical disorders. clear to me that the data are not sufficient the Director of the FDA’s toxicology center, The study, initiated in 1999, reviewed the one way or the other. My gut feeling? It wor- stated: medical records of 110,000 children in the ries me enough. Forgive this personal com- ‘‘. . . the sensitivity of the fetus versus the CDC’s Vaccine Safety Datalink (VSD). The ment, but I got called out at eight o’clock neonate is very important, and for some of VSD is a massive database that tracks the for an emergency call and my daughter-in- you who have forgotten about the sensitive medical records of hundreds of thousands of law delivered a son by C-Section. Our first windows during fetal development, the nerv- patients belonging to seven major health male in the line of the next generation, and ous system develops post-natally. So it isn’t maintenance organizations. Phase I of the I do not want that grandson to get a Thimer- unreasonable to expect that there would be study was designed to screen data for poten- osal-containing vaccine until we know better particular windows of sensitivity. So it isn’t tial associations between thimerosal-con- what is going on. It will probably take a long the matter of averaging the dose over the taining vaccines and selected neurological time. In the meantime, and I know that whole neonatal period—it’s what’s the week disorders. Phase II was designed to test the there are probably implications for this or what’s the day or what’s the series of hypotheses generated in the first phase. internationally, but in the meantime I think hours that represent a particular event in Phase I produced a statistically-significant I want that grandson to only be given Thi- the development of the nervous system when association between exposure to thimerosal merosal-free vaccines.’’ this whole thing might be dangerous. There during the first three months of life, and One participant in the Simpsonwood panel may be weeks surrounding that when there tics, attention deficit disorder, language and later stated that, while there was general isn’t a major problem. We don’t have that in- speech delays, and general neurodevelop- agreement that the VSD study did not prove formation.’’ mental delays. The study did not find a cor- a causal relationship between thimerosal and VIII. FOCUSED, INTENSIVE RESEARCH EFFORT IS relation between thimerosal and autism be- neurological disorders, it did indicate the BADLY NEEDED cause the sample size of children diagnosed need for much more research: with autism was in all probability not large One of the most consistent refrains heard ‘‘So what were the responses of the con- by the Committee throughout its three-year enough. sultants? With regard to the first question, a The findings of Dr. Verstraeten, the pri- investigation is that not enough research need for further investigation. Overall the has been done. The Committee has heard tes- mary author of the study, set off a fierce de- group expressed unanimous feeling that the bate within the Federal health agencies timony from parents, scientists and govern- findings supported a statistically significant, ment officials that much more research is when they were released in June of 2000. although weak, association, but that the im- Enough concern was generated that a con- needed, and that well-designed unbiased re- plications—for obvious reasons—are pro- ference of medical experts was assembled at search that addresses the specific issues of found. Therefore, the consultants were unan- the Simpsonwood Retreat Center near At- vaccine-injury must be conducted. Areas in imous in their opinion that further inves- lanta. At this conference, Dr. Verstraeten which research is urgently needed include: tigation should be pursued with a degree of explained that the study underreported the The causes of autism. urgency and, parenthetically, not only for numbers of children with developmental dis- Treatments for those suffering from au- public health policy in this country, but for orders, including autism. This occurred be- tism spectrum disorders. public health policy around the world.’’ Possible relationships between vaccine in- cause the youngest subjects in the study Documents reviewed by the Committee in- were not yet at an age at which such dis- gredients like thimerosal and autism. dicate that Dr. Verstraeten was not pleased orders were likely to be diagnosed. He com- The neurotoxicity of ethylmercury. with the response to his study. During the mented: The neurotoxicity of dental amalgams con- ‘‘But one thing that is for sure, there is Simpsonwood conference, he stated: taining mercury. ‘‘When I saw this, and I went back through certainly an under-ascertainment of all of Immune system and gastrointestinal sys- the literature, I was actually stunned by these [disorders] because some of the chil- tem dysfunction after vaccination. what I saw—because I thought it was plau- dren are just not old enough to be diagnosed. In 2001, the Institute of Medicine called for sible.’’ much more research into possible relation- So the crude incidence rates are probably A month later, he sent an e-mail to Dr. much lower than what you would expect be- ships between vaccines and autism spectrum Phillippe Grandjean, the author of several cause the cohort is still very young.’’ disorder. In its report on an alleged relation- groundbreaking studies on the toxicity of Dr. Colleen Boyle of the CDC raised this ship between the MMR vaccine and autism, issue a few months earlier. She states in an mercury. Dr. Verstraeten wrote: the IOM noted that it ‘‘does not exclude the ‘‘I know that much of this is very hypo- April 25, 2000, e-mail to Dr. Frank DeStefano, possibility that MMR vaccines could con- thetical and, personally, I would rather not one of the study’s co-authors: tribute to ASD’’ and recommended ‘‘this ‘‘For me, the big issue is the missed drag the Faroe and Seychelles studies into issue receive continued attention.’’ The IOM cases—and how this relates to exposure. this entire thimerosal debate, as I think made the following research recommenda- Clearly there is a gross underreporting—1.4% they are as comparable as apples and pears tions: of the kids dignosed with a speech and lan- at the best. Unfortunately I have witnessed Use accepted and consistent case defini- guage problem versus 4–5% reported in Na- how many experts, looking at this thimer- tions and assessment protocols for ASD (au- tional surveys; less than 1% with ADHD osal issue, do not seem bothered to compare tism spectrum disorder) in order to enhance versus 3–10% reported previously, etc.’’ apples to pears and insist if nothing is hap- the precision and comparability of results Had the study been extended until these pening in these studies, then nothing should from surveillance, epidemiological, biologi- children were older, a stronger correlation be feared of thimerosal. I do not wish to be cal investigations. between thimerosal and neurological dis- the advocate of the anti-vaccine lobby and Explore whether exposure to MMR vaccine orders might have been detected, as more sound as if I am convinced that thimerosal is is a risk factor for ASD in a small number of children were diagnosed. However, this was or was harmful; but at least I feel we should children. not done. Ultimately, the majority of the use sound scientific argumentation, and not Develop targeted investigations of whether Simpsonwood panel determined that the let our standards be dictated by our desire to or not measles vaccine-strain virus is VSD study was not conclusive. Phase II of disprove an unpleasant theory.’’ present in the intestines of some children the VSD study failed to confirm the findings It appears that many who participated in with ASD. of Phase I, largely because of the small sam- the thimerosal debates allowed their stand- Encourage all who submit reports to ple size employed (16,000, as opposed to ards to be dictated by their desire to dis- VAERS of any diagnosis of ASD thought to 110,000 in Phase I). The Institute of Medicine prove an unpleasant theory. The decision by be related to MMR vaccine to provide as determined that, ‘‘the small sample size lim- the CDC not to state a preference for mer- much detail and as much documentation as ited the power of the study to detect a small cury-free vaccines is especially difficult to possible. effect, if it exists. The committee concludes understand, given the deep-seated concerns Case Reports in VAERS or elsewhere of that the Phase I and II VSD analyses are in- many policy-makers had about the potential ‘‘rechallenge’’ should be identified, docu- conclusive with respect to causality.’’ impact of ethylmercury on the fragile cen- mented, and followed up. (In the context of Although the panel assembled at the tral nervous systems of developing babies. MMR vaccine and ASD, rechallenge refers to Simpsonwood Retreat Center had many un- FDA officials spoke passionately about this children who appeared to have experienced answered questions about the VSD study, problem at a meeting of the National Vac- some form of neurological regression after a some members found the evidence compel- cine Advisory Committee in the summer of first dose of MMR or other measles-con- ling. Dr. David Johnson, Public Health Offi- 1999. Dr. Katherine Zoon stated: taining vaccine and who appeared to have ex- cer for the state of Michigan and a member ‘‘We need to understand more about thi- perienced another regression following a sec- of the Advisory Committee on Immunization merosal because in the past two days, I ond dose of MMR or other measles-con- Practices stated: think we have recognized that there really is taining vaccine.) ‘‘This association leads me to favor a rec- a paucity of data, And I think some of the Study the possible effects of different ommendation that infants up to two years points made about looking at the developing MMR immunization exposures.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.085 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1029 Conduct further clinical and epidemiolog- rigor. Instead, at the time of the Commit- foresee an opportunity to add this event to ical studies of sufficient rigor to identify tee’s April 2002 hearing, the CDC actually the calendar.’’ It is unfortunate that the re- risk factors and biological markers of ASD planned to cut autism research spending to quest of the Chairman, and the hundreds of in order to better understand genetic or en- $10.2 Million. families who personally appealed to the vironmental causes. Of additional concern has been the CDC’s White House for this Conference did not ap- In its report on thimerosal-containing vac- bias against theories regarding vaccine-in- pear to have been brought to the personal at- cines and autism, the IOM stated that there duced autism. Rather than aggressively tention of the President, who has stated that was not enough evidence to reach any con- work to replicate clinical findings with lab- ‘‘no child shall be left behind.’’ clusions about a possible relationship be- oratory data that showed a relationship be- Vaccines are the only medicines that tween thimerosal and autism spectrum dis- tween vaccines and autism, (the Wakefield American citizens are mandated to receive orders. The IOM called for the following autism entercolitis studies), the CDC funded as a condition for school and day care at- types of research: researchers who also worked for vaccine tendance, and in some instances for employ- Case-control studies examining the poten- manufacturers to conduct population-based ment. Additionally, families who receive tial link between neurodevelopmental dis- epidemiological studies to look at the pos- Federal assistance are required to show proof orders and thimerosal-containing vaccines; sible correlation between vaccine injury and that their children have been fully immu- Further analysis of cohorts of children who a subset of the population that might be in- nized. While the mandate for which vaccines must be administered is a State mandate, it did not receive thimerosal-containing doses jured. The CDC to date has relied too heavily is the Federal Government, through the Cen- of vaccines during clinical trials; on epidemiological findings. While epidemio- ters for Disease Control and Prevention Epidemiological studies comparing the logical studies are important, they are not a (CDC) and its Advisory Committee for Im- prevalence of neurological disorders in chil- substitute for focused, clinical research. munization Practices that make the Uni- dren who received vaccines before thimerosal Chairman Burton expressed some of these versal Immunization Recommendations to was removed to children who received vac- concerns at the June of 2002 hearing: which the States refer for determining man- cines after it was removed; ‘‘Officials at HHS have aggressively denied dates. Federal programs and funding to An increased effort to identify the primary any possible connection between vaccines sources and levels of prenatal and postnatal State programs provide immunizations free- and autism. They have waged an information of-charge to many children. In July of 2000, exposure to thimerosal; campaign endorsing one conclusion on an Clinical research on how children metabo- it was estimated that 8,000 children a day issue where the science is still out. This has were being exposed to mercury in excess of lize and excrete metals; significantly undermined public confidence Theoretical modeling of ethylmercury ex- Federal guidelines through their mandatory in the career public service professionals vaccines. Given the importance of vaccina- posures, including the incremental burden of who are charged with balancing the dual thimerosal on background mercury expo- tion in our overall public health strategy, it roles of assuring the safety of vaccines and is imperative that the Department of Health sures from other sources; increasing immunization rates. Increasingly, Research in appropriate animal models on and Human Services adequately addresses parents come to us with concerns that integ- the concerns of families of whose children neurodevelopmental effects of ethylmercury; rity and an honest public health response to Rigorous scientific investigations of chela- have possible vaccine-induced autism. The a crisis have been left by the wayside in lieu tion as a treatment for neurodevelopmental continued response from agency officials of protecting the public health agenda to disorders; and that ‘‘there is no proof of harm’’ is a dis- fully immunize children. Parents are in- Research to identify a safe, effective and ingenuous response. The lack of conclusive creasingly concerned that the Department inexpensive alternative to thimerosal for proof does not mean that there is no connec- may be inherently conflicted in its multiple countries that decide they want to follow the tion between thimerosal and vaccine-induced roles of promoting immunization, regulating example of Europe and the United States and autism. What the lack of conclusive proof in- manufacturers, looking for adverse events, discontinue its use. dicates is that the agency has failed in its managing the vaccine injury compensation One concern that has been raised many duties to assure that adequate safety studies program, and developing new vaccines. Fam- times is that responsibility for research into were conducted prior to marketing. Further- ilies share my concern that vaccine manu- autism and related issues at the NIH has more, in the last two decades, after deter- facturers have too much influence as well. been fragmented. Responsibility is divided mining that thimerosal was no longer ‘‘gen- How will HHS restore the public’s trust?’’ among the National Institute of Mental erally recognized as safe’’ for topical oint- It is clear that inadequate scientific evi- Health, the National Institute of Neuro- ments, the agency did not extend their eval- dence exists to understand fully the likely logical Diseases and Stroke, the National In- uation to other applications of thimerosal, damage done to a generation of children who stitute of Child Health and Human Develop- in particular as a vaccine preservative. were repeatedly exposed to significant levels ment, and the National Institute of Environ- One leading researcher made the following of mercury through their mandatory child- mental Health Sciences. Greater overall co- statement to the Committee in July of 2000: hood immunizations. While the use of safe ordination is needed. The NIH needs to de- ‘‘There’s no question that mercury does not and effective vaccines for dangerous infec- velop a strategic plan on autism research to belong in vaccines. tious diseases is very important, the lack of ‘‘There are other compounds that could be bring together the diverse activities, develop quality data addressing the risk of adverse used as preservatives. And everything we a strategy and timeline, and focus research reactions to vaccines and their components know about childhood susceptibility, on the most pressing research needs. undermined public support for this impor- neurotoxicity of mercury at the fetus and at Another concern is the lack of a sufficient tant public health tool. the infant level, points out that we should investment into research on autism and its not have these fetuses and infants exposed to causes. Autism is growing at epidemic pro- IX. CONCLUSIONS mercury. There’s no need of it in the vac- portions and nobody knows why. The rates of It is obvious from all accounts that there cines.’’ autism doubled during the Committee’s in- is a crisis in the United States regarding the The Food and Drug Administration’s vestigation, yet funding for research on au- dramatic rise in autism rates and the result- (FDA) mission is to ‘‘promote and protect tism lags badly behind funding for other seri- ing strain placed on families, the education the public health by helping safe and effec- ous diseases. The NIH, with a budget of $27 system, and State Medicaid and disability tive products reach the market in a timely Billion dollars last year, invested just $56 programs. A further crisis will ensue in the way, and monitoring products for continued Million towards autism research. Much of next two decades when we see an explosion safety after they are in use.’’ However, the that research has been focused on looking for in the need for adult services and long-term FDA uses a subjective barometer in deter- genetic causes of autism, which is impor- housing. mining when a product that has known risks tant, but does not address the possible con- In a further attempt to raise the level of can remain on the market. According to the nection to vaccine injury. To put the spend- awareness of the autism epidemic, in Novem- agency, ‘‘at the heart of all FDA’s product ing on autism in perspective, the Committee ber of 2002, Chairman Burton called upon the evaluation decisions is a judgment about compared it to the spending on two other se- President to announce a White House Con- whether a new product’s benefits to users rious epidemics—HIV/AIDS and diabetes. At ference on autism to ‘‘galvanize a national will outweigh its risks. No regulated product the same time that the NIH was spending $56 effort to determine why autism has reached is totally risk-free, so these judgments are Million on autism research, they spent $688 epidemic proportions in this country.’’ important. FDA will allow a product to Million on diabetes research and over $2.2 Chairman Burton suggested this would be a present more of a risk when its potential Billion on HIV/AIDS research. valuable opportunity to ‘‘bring together the benefit is great—especially for products used The Centers for Disease Control and Pre- best minds from across the country to chart to treat serious, life-threatening condi- vention has also been negligent in addressing a course of scientific research to uncover the tions.’’ the research needs regarding vaccine injury underlying causes of this epidemic. . . Mr. This argument—that the known risks of and a connection to the autism epidemic. In President, you are in a unique position to infectious diseases outweigh a potential risk FY 2002, the CDC invested $11.3 Million on provide the leadership that is necessary to of neurological damage from exposure to thi- autism, while spending $62 Million on diabe- organize a national effort to resolve these merosal in vaccines—is one that has continu- tes, and $932 Million on HIV/AIDS. With problems.’’ In January of 2003, the response ously been presented to the Committee by spending for autism 80 times less than that from Bradley A. Blakeman, Deputy Assist- government officials. FDA officials have for AIDS, it is obvious that CDC is not ad- ant to the President and Director of Ap- stressed that any possible risk from thimer- dressing the autism epidemic with enough pointments and Scheduling was, ‘‘I do not osal was theoretical, that no proof of harm

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.088 E21PT1 E1030 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 existed. However, the Committee, upon a INTRODUCTION OF THE MEDICARE et Spending Limit Act follows through on these thorough review of the scientific literature OUT-OF-POCKET SPENDING LIMIT expert recommendations. and internal documents from government ACT and industry, did find evidence that thimer- Importantly, the Medicare Out-of-Pocket osal did pose a risk. Spending Limit Act provides these improve- ments in traditional Medicare. Unlike the Presi- Thimerosal used as a preservative in vac- HON. FORTNEY PETE STARK cines in likely related to the autism epi- OF CALIFORNIA dent’s and the Congressional Republicans’ demic. This epidemic in all probability may IN THE HOUSE OF REPRESENTATIVES plan to ‘‘reform’’ Medicare by ending it as a defined benefit for all beneficiaries, my bill will have been prevented or curtailed had the Wednesday, May 21, 2003 FDA not been asleep at the switch regarding guarantee that elderly and disabled Americans the lack of safety data regarding injected Mr. STARK. Mr. Speaker, I rise today to in- will never be forced to give up traditional thimerosal and the sharp rise of infant expo- troduce the Medicare Out-of-Pocket Spending Medicare in order to get crucial benefits. sure to this known neurotoxin. Our public Limit Act of 2003. This legislation protects Beneficiaries will be free to choose between health agencies’ failure to act is indicative Medicare beneficiaries from potentially ruinous the traditional Medicare program and private of institutional malfeasance for self-protec- medical bills by ensuring they will never have plans. But it will be a real choice, not coerced tion and misplaced protectionism of the to pay more than $2,000 out-of-pocket for pharmaceutical industry. through the lure of more generous coverage. Medicare services. It does so without limiting Seniors should never have to choose between seniors’ choice of physician and without forc- the doctors they know and trust and the cov- f ing seniors to leave Medicare and join a pri- erage they need. vate plan. In short, it is real Medicare reform, NATIONAL WAR PERMANENT TRIB- This legislation is supported by beneficiary the kind of reform that seniors and people with UTE HISTORICAL DATABASE ACT advocacy groups including: Families USA, the disabilities want and need. Center for Medicare Advocacy, the Alliance for President Bush and many of my Republican Retired Americans, and the Medicare Rights HON. MARK UDALL colleagues portray Medicare as a disastrous Center. I urge my colleagues to join us in sup- program that is broken, bankrupt, and dumb. port of strengthening Medicare for all seniors OF COLORADO They think private insurers—the same ones and disabled Americans by cosponsoring the who refused to cover seniors back in 1965 IN THE HOUSE OF REPRESENTATIVES Medicare Out-of-Pocket Spending Limit Act. when Medicare was created—can do a better Below is a more detailed summary of the Wednesday, May 21, 2003 job than Medicare has done for the last 38 years. legislation: Mr. UDALL of Colorado. Mr. Speaker, today, More than 40 million seniors and individuals MEDICARE OUT-OF-POCKET SPENDING LIMIT I am introducing legislation titled the ‘‘National with disabilities know that President Bush and ACT OF 2003—SUMMARY War Permanent Tribute Historical Database Congressional Republicans are wrong. They This bill would improve Medicare for all Act,’’ that will help the Department of Interior know that Medicare is a vitally important pro- beneficiaries by adding a new voluntary ben- and the Department of Veterans’ Affairs keep gram that successfully protects some of the efit to the traditional Medicare program. track of the many important war memorials on most vulnerable among us. They want us to Seniors and disabled Americans electing this public lands throughout our country. It would strengthen Medicare, not undermine it. That is coverage would be protected from extraor- also provide a report to Congress to determine why I am introducing the Medicare Out-of- dinary out-of-pocket costs when they need if there should be a permanent fund within the Pocket Spending Limit Act. medical care. The additional benefit—cre- Treasury for the upkeep of these memorials. ated under a new Medicare Part D—would The bill I am introducing today provides an have the following features: The freedom we enjoy in the United States essential Medicare improvement for all Medi- care beneficiaries. Today Medicare covers Out-of-pocket limit. Beneficiaries enrolled in has not just been given to us. Men and the new benefit would never pay more than women have made great sacrifices, some with about 52% of seniors’ health costs, leaving $2,000 out-of-pocket per year for services cov- their lives, to protect our way of life. We have many to pay significant medical bills out of ered under the traditional Medicare pro- erected memorials to honor these soldiers, their own pockets. Medicare beneficiaries with gram. The out-of-pocket spending limit sailors, and aviators and their valiant deeds. chronic conditions or catastrophic illnesses would be adjusted each year by the growth in Unfortunately many of these memorials don’t face the greatest risk of potentially unlimited average per capita spending under this new receive the care they deserve and have fallen health costs. Most Medicare beneficiaries benefit. into disrepair. These memorials may not be as have incomes below $20,000 per year and Eligibility and enrollment. Beneficiaries en- large as those on the National Mall or Arling- cannot afford to spend a large share of their titled to Medicare Part A and enrolled in ton National Cemetery but they are just as im- income on health care. Part B would be eligible for the new benefit. The Medicare Out-of-Pocket Spending Limit Current Medicare beneficiaries would have a portant and should be taken care of. one-time six-month open enrollment period Act will offer seniors the security of knowing In 2000, Congress agreed to a resolution to elect this coverage. Otherwise, normal that they will never have to pay more than expressing the need for cataloging and main- Medicare enrollment rules would apply. $2,000 out-of-pocket on Medicare services per taining public memorials. The National War Premiums. Premiums for the new benefit year. Current and future Medicare bene- Permanent Tribute Historical Database Act would be calculated in the same manner as ficiaries will have the option of enrolling in this would follow through with this sense of Con- Medicare Part B premiums (25 percent of es- new, voluntary benefit at an affordable pre- timated program costs), with a late enroll- gress and take a first step by cataloging our mium. Beneficiaries with incomes below 175 public war memorials. ment penalty for beneficiaries who choose percent of the federal poverty level would pay not to enroll during the open enrollment pe- Mr. Speaker, as we honor America’s men reduced or zero premiums. riod. and women in uniform this Memorial Day, The benefits provided by the Medicare Out- Low-income beneficiaries. Beneficiaries with many of us will be thinking these soldiers who of-Pocket Spending Limit Act are long over- incomes up to 150 percent of poverty would have recently been fighting in Iraq and Af- due. In testimony before the Ways and Means be eligible for the new benefit with no addi- ghanistan. But the other conflicts America’s Health Subcommittee this month, the Chair- tional premiums. Beneficiaries with incomes service men and women have fought in should man of the Medicare Payment Advisory Com- between 150 percent and 175 percent of pov- not be forgotten. These memorials remind mission identified the lack of a spending limit erty would be eligible for the new benefit with a sliding scale premium. No assets test people what their local men and women did to as a ‘‘serious limitation of the Medicare benefit would be used in determining eligibility for protect our country. By cataloging and report- package.’’ In January 2003, the National these additional low-income protections. ing to Congress on the condition of all of our Academy of Social Insurance’s Study Panel These low-income benefits would be adminis- war memorials on public lands and by consid- on Medicare and Chronic Care in the 21st tered by the States but 100 percent federally ering how to maintain them we make sure that Century recommended that Congress ‘‘limit funded. our veterans are not forgotten. Passage of this cost-sharing requirements by adding an an- Medicare+Choice. All Medicare+Choice bill would be a step toward renewing our com- nual cap on out-of-pocket expenditures for plans would have to provide the out of-pock- mitment to honor our nation’s veterans. covered services.’’ The Medicare Out-of-Pock- et spending limit benefit. Plans would be

VerDate Jan 31 2003 05:21 May 22, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0626 Sfmt 0634 E:\CR\FM\A20MY8.090 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1031 paid a geographic- and risk-adjusted rate, and applications. After all, science never age of discovery. The bipartisan resolution for based on projected national per capita costs stands still. Its frontiers are continually ex- this International Space Year, or ISY, was in- of the out-of-pocket spending limit benefit in panding. The biological sciences, genetics, troduced by Senator Spark Matsunaga and traditional Medicare. computer sciences, and the neurosciences, endorsed by President Reagan. At the Presi- f among others, have made tremendous ad- dent’s direction, the United States led a world- CELEBRATING THE 50TH ANNIVER- vances worldwide during the half century since wide planning effort that culminated with the SARY OF THE INTERNATIONAL the IGY. At the same time, new integrative implementation of an ISY in 1992 that made GEOPHYSICAL YEAR AND SUP- linkages are being established among mathe- major contributions to international scientific PORTING AN INTERNATIONAL matics, physics, the geosciences, the life cooperation, notably in the field of global envi- ronmental monitoring. GEOPHYSICAL YEAR–2 IN 2007–08 sciences, the social sciences, and the human- ities as well. So we have both scientific and Congres- As a consequence, there is a coming to- sional precedent for the United States to take HON. MARK UDALL gether in the study of our planet and its di- the lead internationally in calling for an IGY– OF COLORADO verse inhabitants whose potential scope and 2. I urge my colleagues to join me in pro- IN THE HOUSE OF REPRESENTATIVES significance is only beginning to be perceived moting this initiative in support of modern Wednesday, May 21, 2003 even among those directly involved. In addi- science and the inspiration to our troubled tion to promoting research, IGY–2 would pro- planet that its global outlook can provide. I Mr. UDALL of Colorado. Mr. Speaker, today vide a stage for showcasing these new devel- have no doubt that the contributions to hu- I introduce legislation calling for a worldwide opments and a forum for presentation and dis- manity of an IGY–2 will be remembered with program of activities to commemorate the 50th cussion of their continually unfolding cultural gratitude both in the near future and for gen- anniversary of the most successful global sci- as well as scientific significance. erations to come. entific endeavor in human history—the Inter- Indeed, one of IGY–2’s most important con- f national Geophysical Year of 1957–58. I am tributions would be to enhance public aware- HEALTHY FORESTS RESTORATION pleased that my colleague Representative ness of global activities that provide hope and ACT OF 2003 EHLERS—the Chairman of the Environment, example in an era when conflict and strife oc- Technology, and Standards Subcommittee of cupy the foreground of public policy and public SPEECH OF the Science Committee—is joining me as an attention. George Kistiakowsky, science ad- original cosponsor of this legislation. viser to President Dwight Eisenhower under HON. FORTNEY PETE STARK Indeed, it is hard to imagine not commemo- whose presidency the IGY occurred, said at OF CALIFORNIA rating the historic global undertaking that was the time: ‘‘Science is today one of the few IN THE HOUSE OF REPRESENTATIVES the International Geophysical Year, popularly common languages of mankind; it can provide Tuesday, May 20, 2003 known and remembered as the IGY. Yet such a basis for understanding and communication Mr. STARK. Mr. Speaker, I rise in opposi- may occur unless steps proposed in this reso- of ideas between people that is independent tion to the House Republicans’ so-called lution for an ‘‘IGY–2’’ in 2007–2008 are not of political boundaries and ideologies [and] Healthy Forests Restoration Act. taken soon. that can contribute in a major way to the re- This bill is more about restoring healthy The 60 nations and 60,000 scientists who duction of tension between nations.’’ profits for the timber industry, than protecting participated in the IGY left an ongoing legacy Those words spoken more than 40 years healthy forests for the American people. Given that is beyond measure. Satellite communica- ago resonate with special significance today the devastating impact this bill will have on tions, modern weather forecasting, modern when the web of global ties among scientists pristine public lands, a better title would be natural disaster prediction and management, is so much more extensive yet still largely un- Leave No Tree Behind. That is exactly what from volcanic eruptions to El Nino—they are recognized. We are catching a glimpse of its will happen as logging companies are given a all legacies of IGY scientific activities that gir- saving potential in the inspiring worldwide re- backdoor into our national forests and wilder- dled the globe and breached the space fron- sponse of scientists and public health profes- ness areas. tier. sionals to the SARS outbreak—a response in- Of course, Republicans argue that this bill is The space age itself is a child of the IGY. conceivable without the collaborative lines of about protecting rural communities from dan- The program of events included the launching communication established during the past gerous wildfires. Yet, there is nothing in their of the first artificial satellites, Sputnik and Van- half century. At a minimum, the work of these bill providing any help to small towns or home- guard. The IGY also produced the path- unsung heroes deserves greater recognition owners for fire prevention. The Republicans breaking decision to set aside an entire con- than it has received—and IGY–2 would do only increase subsidies to timber companies tinent—Antarctica—for cooperative study. This that. to log forests well outside the so-called IGY program alone—which was permanently Finally, Mr. Speaker, it is entirely fitting that wildland-urban interface—even in wilderness institutionalized by the Antarctica Treaty— the United States take the lead in launching and roadless areas—and not where fires pose made the year a scientific triumph. Six of my an IGY–2 and that Congress provide the im- the greatest threat. colleagues on the Science Committee recently petus. The IGY of 1957–58 was conceived in You won’t find many forestry experts who returned from Antarctica and have testified to 1950 only a few miles from here, in Silver would tell you that timber companies are able the ongoing organizational effectiveness and Spring, MD, at a dinner hosted by Professor to turn a profit harvesting diseased and insect scientific payoff of this remarkable IGY legacy. James Van Allen and attended by scientist- prone trees. So Republicans have devised it In a still broader context, the IGY marked friends from Europe, including Sydney Chap- so that the Forest Service will pay timber com- the coming of age of international science. man. They discussed the International Polar panies for their service by allowing them to cut Globally coordinated activities that save mil- Years that had been held at 50 year inter- down stands of healthy trees. There is nothing lions of lives today—such as the campaigns to vals—first in 1882, then in 1932. The next one in this bill that prevents the harvested trees contain and find cures for SARS and AIDS— was scheduled for 1982. Over a barbecue in from being ancient old growth or redwoods for owe their inspiration and working model to the Van Allen’s backyard, these visionary sci- that matter. unprecedented number of scientists from entists came up with the idea of accelerating The Republicans claim their bill is throughout the world who banded together to the schedule to a 25–year interval, which proenvironment. Yet, their bill cuts out the implement the IGY. Scientific findings from would occur in 1957, and expanding its cov- heart of the landmark National Environmental thousands of locations, ranging from world re- erage to the entire globe, so as to take full ad- Protection Act. It exempts the Forest Service search centers to remote field stations, were vantage of rapid advances in research and in- from doing a thorough analysis of alternatives collected and organized by this global team. strumentation. They took their idea to govern- to proposed logging projects. It even creates a The result was an unprecedented range of ments and scientific organizations and they new Federal program to assist private land- discoveries for human benefit. The great Brit- made it happen. Fittingly, James Van Allen owners in getting around the Endangered ish geophysicist Sydney Chapman, who won the Nobel Prize for discovery during the Species Act that protects fish and wildlife. helped conceive the IGY, called it ‘‘the great- IGY of the radiation belts that bear his name. Now if after all of this, you thought you had est example of world-wide scientific coopera- Subsequently, in 1985, Congress passed a recourse in the matter, think again. This Re- tion in the history of our race.’’ resolution calling for a year of globally coordi- publican bill severely restricts the right of any My resolution calls for an ‘‘IGY–2’’ that nated space activity in 1992, to mark the si- citizen to appeal Forest Service decisions and would be even more extensive in its global multaneously occurring 35th anniversary of the even undermines the power of judges to over- reach and more comprehensive in its research IGY and 500th anniversary of Columbus’ voy- rule the agency’s determinations. In fact, this

VerDate Jan 31 2003 05:21 May 22, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.004 E21PT1 E1032 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 bill prohibits the Federal courts from halting issues in a more long-term fashion—which this low-income communities. These impacts any logging project until 45 days after it’s bill would do. must be addressed over the long term. In ad- begun. In addition, just as the current policy was dition, due to the lack of resources and polit- In light of this dangerous assault on our en- established by an administrative order, it could ical clout of many of these impacted commu- nities, vigilance is required to make sure vironment and our democratic process, I urge be swept away with a stroke of an administra- that disproportionate impacts are reduced my colleagues to vote down this bill and sup- tive pen. To avoid that, we need to make it and do not continue. As the effort to date port the Democratic alternative. It protects our more permanent—which is also what this bill has been primarily administrative based on forests and wilderness areas from harmful log- would do. the presidential order and memorandum, ging. It upholds landmark environmental pro- It would do this by statutorily requiring all these strategies need to be incorporated into tections and the right of the American people, federal agencies to: Make addressing environ- the routine functioning of federal agencies not just the timber industry, to have a say in mental justice concerns part of their missions; and offices through federal law. the future of our public lands. And it puts develop environmental justice strategies; The bill— money toward real and effective fire preven- evaluate the effects of proposed actions on Requires federal agencies and offices to: in- tion around rural communities where it’s need- the health and environment of minority, low in- clude addressing environmental justice con- come, and Native American communities; cerns into their respective missions; conduct ed most. programs so as not to create dispropor- I urge my colleagues to stand up for our for- avoid creating disproportionate adverse im- tionate impact on minority and low-income ests and vote ‘‘no’’ on the Republicans’ sham pacts on the health or environment of minority, populations; include an examination of the Leave No Tree Behind bill. low-income, or Native American communities; effects of such action on the health and envi- f and collect data and carry out research on the ronment of minority and low-income popu- effects of facilities on health and environment lations for actions that require environ- INTRODUCTION OF ENVIRON- of minority, low-income, and Native American mental analyses under the National Environ- MENTAL JUSTICE ACT OF 2002 communities. mental Policy Act; create an environmental It would also statutorily establish two com- justice strategy to address disproportionate impacts of its policies and actions, and con- HON. MARK UDALL mittees: The Interagency Environmental Jus- duct and collect research on the dispropor- OF COLORADO tice Working Group, set up by the Executive tionate impacts from federal facilities. IN THE HOUSE OF REPRESENTATIVES Order to develop strategies, provide guidance, Creates an Interagency Environmental Wednesday, May 21, 2003 coordinate research, convene public meetings, Justice Working Group to develop strategies, and conduct inquiries regarding environmental provide guidance, coordinate research, con- Mr. UDALL of Colorado. Mr. Speaker, today justice issues; and a Federal Environmental vene public meetings, and conduct inquiries I am again introducing the Environmental Jus- Justice Advisory Committee, appointed by the regarding environmental justice issues. tice Act of 2002. I am proud that my colleague President, including members of community- Creates a Federal Environmental Justice Congresswoman HILDA SOLIS is once again based groups, business, academic, state Advisory Committee composed of members joining me as an original cosponsor of this bill. agencies and environmental organizations. It of community-based groups, business, aca- Representative SOLIS and I first introduced will provide input and advice to the Inter- demic, state agencies and environmental or- this bill last year, too late for consideration in ganizations which will provide input and ad- agency Working Group. vice to the Interagency Working Group. the 107th Congress. Its reintroduction today In a nutshell, what this bill would do is re- reflects our continued concern about the way quire federal agencies that control the siting f federal actions have had disproportionately and disposing of hazardous materials, store adverse effects on the health, environment toxins or release pollutants at federal facilities, HATTIE MCDANIEL STAMP and quality of life of Americans in minority and or issue permits for these kinds of activities to RESOLUTION lower-income communities. make sure they give fair treatment to low-in- Too often these communities—because of come and minority populations—including Na- their low income or lack of political visibility— tive Americans. The bill tells federal agencies, HON. ELIJAH E. CUMMINGS are exposed to greater risks from toxins and ‘‘In the past these communities have endured OF MARYLAND dangerous substances because it has been a disproportionate impact to their health and IN THE HOUSE OF REPRESENTATIVES possible to locate waste dumps, industrial fa- environment. Now we must find ways to make cilities, and chemical storage warehouses in sure that won’t be the case in the future.’’ Wednesday, May 21, 2003 these communities with less care than would For the information of our colleagues, here Mr. CUMMINGS. Mr. Speaker, I rise today be taken in other locations. is a short analysis of the bill: to introduce a resolution urging the Citizen’s The sad fact is that in some eyes these ENVIRONMENTAL JUSTICE ACT Stamp Advisory Committee and the United communities have appeared as expendable— Summary: This bill would essentially cod- States Postal Service to issue a commemora- without full appreciation that human beings, ify a Clinton Administration Executive tive stamp to honor Hattie McDaniel. I urge my who deserve to be treated with respect and Order which directed a number of federal colleagues to support this resolution. dignity, are living, working, and raising families agencies and offices to consider the environ- Ms. McDaniel was the first African American there. mental impact of decisions on minority and This needs to give way to policies focused low-income populations. to receive an Academy Award in 1939 for Best on providing clean, healthy and quality envi- Background: On February 11, 1994, Presi- Supporting Actress for her performance as ronments within and around these commu- dent Clinton issued Executive Order 12898, Mammy in ‘‘Gone With The Wind.’’ ‘‘Federal Actions to Address Environmental nities. When that happens, we provide hope Hattie McDaniel was born June 10, 1895 in Justice in Minority Populations and Low-In- Wichita, Kansas. Hattie McDaniel was a pio- for the future and enhance the opportunities come Populations.’’ The President also that these citizens have to improve their condi- issued a corresponding Memorandum to all neer in the entertainment industry and helped tion. federal departments and agencies further ex- open doors for other black entertainers. She Our bill would help do just that. The bill es- plaining the order and how the agencies was the first black performer to star in her own sentially codifies an Executive Order that was should implement it to address environ- radio program, ‘‘Beulah,’’ which later became issued by President Clinton in 1994. That mental justice issues. The Order and Memo- a television series. Ms. McDaniel had other order required all federal agencies to incor- randum called for the creation of an inter- significant roles including playing Queenie in agency working group to provide guidance porate environmental justice considerations in ‘‘Show Boat,’’ Aunt Tempy in ‘‘Song of the on identifying disproportionate impacts on South,’’ and appearing in ‘‘The Little Colonel’’ their missions, develop strategies to address the health and environment of minority and disproportionate impacts to minority and low- low-income populations, develop strategies with Shirley Temple. income people from their activities, and coordi- to address such disproportionate impacts, Hattie McDaniel died of breast cancer on nate the development of data and research on and provide a report on that strategy. Since October 2, 1952. She was the first African these topics. the order was promulgated, the affected American to be buried in Los Angeles’s Rose- Although federal agencies have been work- agencies have developed reports and strate- dale Memorial Park Cemetery. gies. ing to implement this order and have devel- Need for the Bill: Although federal agen- Mr. Speaker, I am pleased that the Citizen oped strategies, there is clearly much more to cies and offices have been complying with Stamp Advisory Commission is currently con- do. We simply cannot solve these issues over- the Executive Order, disproportionate im- sidering a proposal to issue a Hattie McDaniel night or even over a couple of years. We need pacts related to human health and the envi- stamp, which is an outstanding tribute to an to ‘‘institutionalize’’ the consideration of these ronment still exist for many minority and accomplished actress and American.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.007 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1033 PERSONAL EXPLANATION HONORING JOHN FERDINANDI, JR. Following military service, Dave completed his education at San Diego State University; HON. GEORGE RADANOVICH and, in 1970, he began teaching history at O’Farrell Junior High in San Diego. Dave’s in- HON. MARK UDALL OF CALIFORNIA structional expertise was soon recognized, OF COLORADO IN THE HOUSE OF REPRESENTATIVES and he was selected as a district demonstra- IN THE HOUSE OF REPRESENTATIVES Wednesday, May 21, 2003 tion teacher for comprehensive and gifted cer- tificated staff. After eight years of classroom Wednesday, May 21, 2003 Mr. RADANOVICH. Mr. Speaker, I rise today to recognize John Ferdinandi Jr., post- teaching, Dave became an Administrative In- Mr. UDALL of Colorado. Mr. Speaker, be- humously awarded the 2002 Tranny ‘‘Citizen tern at Midway Continuation High School. A cause of a family emergency I was unable to of the Year’’ award. His wife, Sally Ferdinandi, short six months later, he was appointed Vice be present on Monday for three recorded will accept the award on behalf of her late Principal of Garfield Independent Learning votes. husband at the California Transportation Foun- Center. In 1978, he became Vice Principal of Wagenheim Junior High School, a position he Had I been present, I would have voted as dation’s 14th Annual Tranny Award Ceremony on May 21, 2003 in Sacramento, California. held for the next two years prior to becoming follows: Rollcall No. 192, H. Con. Res. 166— Vice Principal at Samuel Gompers Secondary Expressing the sense of Congress in support Throughout Mr. Ferdinandi’s life, he was an active and positive force in the community. He School in 1980. At Gompers Dave was instru- of Buckle Up America Week, I would have mental in instituting an Advanced Placement voted ‘‘yes’’; rollcall No. 193, H.R. 1018—To was the founder of Fresno Area Residents for Rail Consolidation (FARRC), and was a vital tutorial program for underrepresented stu- designate the building located at 1 Federal dents. Plaza in New York, New York, as the ‘‘James member of the committee responsible for L. Watson United States Court of International drafting the Expenditure Plan for the extension Dave’s administrative rise continued in Trade Building,’’ I would have voted ‘‘yes’’; of Measure C, Fresno County’s half-cent sales 1984, when he was appointed Vice Principal rollcall No. 194, H. Con. Res. 147—Com- tax for transportation improvements. John was of Point Loma High School. He held that posi- memorating the 20th Anniversary of the Or- also Chairman of the Mayor’s Task Force on tion until the fall of 1986 when he became phan Drug Act and the National Organization the Rail Committee, as well as a member of Principal of Montgomery Junior High School. for Rare Disorders, I would have voted ‘‘yes.’’ the Council of Fresno County Governments Three years later he was appointed Principal Committee. of Crawford High School, a position he held Mr. Ferdinandi was nominated for the for seven years. At Crawford Dave was instru- f Tranny award by the Fresno County Council mental in restructuring second language edu- cation to include a Newcomer Center which TRIBUTE TO MRS. EVELYN of Governments at the recommendation of its served immigrant children. Dave also won BILLINGSLEY Board of Directors. The Board sought to rec- ognize him for his tireless advocacy work for School Board approval for a School-to-Work transportation improvements in the Fresno bungalow building project. The first bungalow HON. JOHN J. DUNCAN, JR. area. Although John passed away on January was completed in 1992. Since that time, eight 26th of this year, his contributions to Fresno additional bungalows have been built by stu- OF TENNESSEE County and the surrounding communities will dents enrolled in construction technology. IN THE HOUSE OF REPRESENTATIVES remain. He was greatly admired and re- Since 1996 Dave has been the principal of spected by all who came to know him. We are Scripps Ranch High School. Under his stew- Wednesday, May 21, 2003 truly grateful for everything he has accom- ardship, the school has been honored by the plished. United States Department of Education as a Mr. DUNCAN. Mr. Speaker, Mrs. Evelyn Mr. Speaker, I urge my colleagues to join National Blue Ribbon High School of Excel- Billingsley was the head custodian at Blue me in recognizing John Ferdinandi, Jr. for his lence. Additionally, Dave has been instru- Grass Elementary School in Knoxville, Ten- significant and steadfast efforts for the better- mental to the success of my Technology Fair nessee. On May 19, 2003, she arrived at her ment of the greater Fresno community. for high school students. Each year more than final day of work in a white, stretch limousine. f two-thousand students from high schools A red carpet led the way into the halls of the throughout my Congressional District attend school Mrs. Billingsley had swept, mopped A TRIBUTE TO DAVID ‘‘DAVE’’ the event at Scripps Ranch High School. The and waxed for more than two decades. A LEMAY purpose of the ‘‘Tech Fair’’ is to encourage crowd of adoring fans lined the carpet and students to study math and science and to go sang, ‘‘When you leave, we’ll be so blue. Miss HON. RANDY ‘‘DUKE’’ CUNNINGHAM college. The program has been so successful Evelyn, we love you.’’ After 23 years of serv- that it has been modeled by the San Diego OF CALIFORNIA ice, Mrs. Billingsley has retired. Science Alliance and by other Congressional IN THE HOUSE OF REPRESENTATIVES Affectionately called Miss Evelyn by her Representatives’ Offices. Blue Grass Elementary family, this hard- Wednesday, May 21, 2003 Truly, Dave is a consummate administrator. working lady is described by students and Mr. CUNNINGHAM. Mr. Speaker, I rise He has a warm, easy manner with people. He teachers alike as the glue that held the school today to express my gratitude for the excep- is a great listener. He is quietly effective at together. I am told it was rare not to find Miss tional services which Scripps Ranch High making positive changes. He demands the Evelyn in the school, even on weekends or School Principal David LeMay has performed best by modeling the best. Dave is hard- snowdays. for the students of San Diego City Schools working, task-oriented, organized and efficient. It is hard to conceive of a principal who is Evelyn Billingsley never became rich or fa- and for our great nation. Dave’s leadership, more knowledgeable of or more involved in a mous from the work she did, but she has his promotion of excellence, his positive in- school than Dave LeMay. In addition to his touched the lives of countless people, and she volvement in student activities, and his deep pursuit of educational excellence, Dave is fer- will not only be remembered fondly at Blue commitment to educational excellence and vent in promoting other aspects of student life Grass Elementary School, but she will be sound educational practices make him a truly such as drama, the arts, music, and athletics. deeply missed. I have no doubt she has of- admirable American and one deserving of rec- He seldom misses a school event. fered the children there lessons in life and ognition by this body. It is for his outstanding love as she roamed the halls and cleaned the dedication and his thirty-three years of service Principal David LeMay is the longest-serving classrooms. to the students of San Diego that I wish to high school administrator at San Diego City congratulate and thank Principal Dave LeMay. Schools. Dave’s remarkable contributions to Knoxville, Tennessee, is a better place be- Dave’s leadership history did not begin with the students of San Diego speak to his intel- cause of her, and I believe this Nation is, as an administrative position in the San Diego lect, his professional drive, and his relentless well. City Schools or even in the classroom. It pursuit of excellence. After thirty-three years, I would like to call to the attention of my col- began with his service as a United States Dave will retire on June 30, 2003. I urge my leagues and other readers of the RECORD the Army officer in 1966. Dave served our country colleagues to join me in wishing him the very article which ran on May 20, 2003, in the in the Vietnam War; and was awarded the best success as he starts a new chapter in his Knoxville News-Sentinel concerning this out- Bronze Star in recognition of his courage, life, and I hope that he will always be blessed standing American. bravery, and valor. with fair winds and following seas.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.011 E21PT1 E1034 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 A SPECIAL TRIBUTE TO THE TRIBUTE TO THE 33RD PRESIDENT lives in the front yard of the house, which AMERICAN FOREST & PAPER AS- OF THE UNITED STATES has been the Harry S Truman Birthplace SOCIATION FOR ITS COMMIT- State Historic Site since 1959. The house, MENT TO INCREASED PAPER RE- managed by the Missouri Department of Nat- HON. IKE SKELTON ural Resources, recreates a typical mid- COVERY OF MISSOURI western American home at the dawn of the IN THE HOUSE OF REPRESENTATIVES 20th century. HON. PAUL E. GILLMOR Truman was the first person to sign the OF OHIO Wednesday, May 21, 2003 guest book on the day the historic site was dedicated and typical of his down-to-earth IN THE HOUSE OF REPRESENTATIVES Mr. SKELTON. Mr. Speaker, let me take style, he wrote, ‘‘Harry Truman, Independ- Wednesday, May 21, 2003 this means to bring to your attention an article ence, Mo., retired farmer.’’ that was written by Jeff Joiner and appeared Mr. GILLMOR. Mr. Speaker, I would like to A LIFE BEGUN ON A FARM in the May 2003 addition of Rural Missouri commend the members of the American For- The Truman family eventually moved to a magazine. The article, ‘‘Where’s Harry’’, gives est & Paper Association (AF&PA) for commit- 600–acre farm near Grandview in 1887 where a brief history of President Harry S. Truman’s ting to meet an increased paper recovery goal they lived for three years before moving to life from his birth in Lamar, MO, until his death by the year 2012. This effort illustrates the Independence. Harry Truman often worked paper industry’s understanding of our natural in Independence, MO. It also explains the var- on the farm as a youngster and was respon- ious places you can learn about the history of sible for the operation after his father’s resources and its desire to safeguard the envi- death in 1914 until he joined the military ronment by decreasing the amount of paper President Truman, most notably the Truman Library in Independence, MO. three years later. An Army captain, Truman that is sent to our nation’s landfills. led an artillery battery during World War I. In 2000, 232 million tons of solid waste was Mr. Speaker, I wish to share this article with What today is called the Truman Farm produced in the United States, taxing our land- the rest of the chamber.’’ Home is part of the Harry S Truman Na- fills, peoples’ pocketbooks, and our environ- WHERE’S HARRY? tional Historic Site administered by the Na- ment. In order to sustain economic growth and A TOUR OF WESTERN MISSOURI OFFERS A tional Park Service, which includes the Tru- simultaneously promote environmental protec- GLIMPSE AT HARRY TRUMAN’S LIFE AND THE man Home 30 miles away in Independence. A RURAL BACKGROUND THAT SHAPED ONE OF shopping complex called Truman Corners tion, some hard choices needed to be made— now surrounds what’s left of the family and were. Since 1987, paper recovery has in- THE 20TH CENTURY’S MOST IMPORTANT LEAD- ERS farm, which includes 5 acres of land and the creased 97 percent. This dramatic increase farmhouse, which is not open to the public. (By Jeff Joiner) can be traced to an industry set goal on paper The farm is located near the intersection of recovery, as well as the investment of more The voice of Harry S Truman welcomes a Highway 71 and Blue Ridge Boulevard. group of children as they step into the Oval than $15 billion in new equipment. With the THE SUMMER WHITE HOUSE IN INDEPENDENCE help of action-oriented communities across the Office. Of course the office is a reproduction and Truman’s voice recorded but the kids, on The centerpiece of the Truman National country, AF&PA and its member companies a tour of the Truman Presidential Museum Historic Site is the home that Harry and have more than exceeded the U.S. Environ- and Library in Independence, instantly rec- Bess occupied as a young married couple in mental Protection Agency’s target of 35 per- ognize the most famous office in the world. 1919. Though he lived for many years in cent recycling by 2005 as part of its ‘‘Re- Truman’s Oval Office, decorated as it was Washington, D.C., first as a United States source Conservation Challenge.’’ when he occupied it from 1945 until 1953, con- senator, vice president and then 33rd presi- Achieving higher levels than were they are tains one artifact the kids find most inter- dent of the United States, Truman always esting, a television with a tiny screen set in considered the house in Independence home. now will not be easy, but it is important since Even during his presidency it was known as every bit counts. That is why I am pleased a large wooden cabinet. A tour guide tells the group Truman was the first president to the Summer White House. that AF&PA is reaching out to form partner- Following the inauguration of Dwight Ei- have a TV in the Oval Office. senhower as president in 1954, Harry and Bess ships with the Environmental Protection Agen- A visit to the Truman Library in Independ- returned to Independence where he was occu- cy, various cities and office building managers ence is a reminder of some of the most vola- pied with the planning and construction of across the country to help increase public tile history of the 20th century. As president, his presidential library. Until late in life, awareness about the benefits of recovering Truman witnessed the end of World War II Truman was known for taking long walks paper for recycling. I hope that this public-pri- and the beginning of the rebuilding of Eu- around Independence, a fact commemorated rope and Japan. But he also faced the expan- vate partnership will raise awareness and en- by the city on its street signs in the Truman sion of communism, which led to confronta- courage larger, future voluntary recycling ef- Historic District which feature a silhouette tion in Berlin and the bloody Korean War, forts in paper recovery. of the former president, cane in hand, walk- and devised a policy to contain communism Although I acknowledge progress has been ing. made in paper recycling, more can and should known as the Truman Doctrine. Often loudly Truman lived in the house on Delaware criticized for unpopular decisions, like firing until just before his death on Dec. 26, 1972 at be done. As demand for recovered fiber con- Gen. Douglas MacArthur, Truman dealt with tinues to grow for both domestic and export the age of 88. Bess continued to live in their his heavy responsibilities straight on, with- home for another decade and died there. In markets, additional recovered fiber supply will out flinching or laying blame. be needed—of note, more than 38 percent of her will she left the home to the United Many historians credit Truman’s States and it was dedicated as a national his- the industry’s raw material comes from recov- plainspoken manner and upfront ‘‘The Buck toric site in 1983. ered fiber. We should ensure that all citizens Stops Here’’ frankness to his rural upbring- The Truman Home, located on the corner continue to play a meaningful role in safe- ing. Born in Lamar and raised on the family of Truman Road and Delaware Street, is guarding the environment, encouraging fiber farm near Grandview, Truman came from open for tours by National Park Service and sustaining economic growth, and pre- humble beginnings. And once his presidency rangers. Tickets can be purchased at the site was finished, he and wife, Bess, returned to serving our natural resources through recy- visitor’s center on Main Street in downtown their home at 219 North Delaware in Inde- Independence. cling used paper. pendence where they lived only a few blocks A LIBRARY WORTHY OF A PRESIDENT Environmental progress requires that the from where Truman’s political career began private sector and government work together in the Jackson County Courthouse 30 years The crown jewel of Truman’s Missouri is to get things done and these efforts provide earlier. the presidential library which documents in an opportunity for more Americans to recycle A real understanding of Truman and how letters and historic papers his legacy as the he faced the problems of post-World War II first president to step into the dark waters in their homes, offices and schools. To the of the Cold War, a period that continued end that good progress has been made, I ap- America can’t be appreciated without look- ing at where the man came from. Fortu- until the collapse of the communist govern- plaud AF&PA, but am reminded that success ment of the United States’ chief adversary, is a continual forward journey. Recovering nately for travelers Truman’s home state of- fers many places to see and touch the his- the Soviet Union, in 1991. The library details in a series of exhibits more fiber for recycling at U.S. paper mills tory that shaped the president. through recycling challenges, model programs Truman’s political rise and his presidency A BIRTHPLACE IN LAMAR and community partnerships helps ensure that including his whistle stop train campaign the paper industry will continue to be a strong Truman was born May 8, 1884 in a small, and upset re-election in 1948. It also docu- white frame house in Lamar where he and ments the dark, early history of the Cold participant in the American economy, a re- his parents lived for 11 months before mov- War. A painful reminder of that era is the sponsible steward of the environment and a ing to Harrisonville and later Grandview to Purple Heart medal and angry letter sent to leader in efforts to utilize all available re- the north. On the day his first child was Truman by the father of a U.S. soldier killed sources in the production of recycled content born, John Truman planted an Austrian pine in Korea. The medal and letter were found in products. For that we should all be thankful. tree and today, 119 years later, that tree still Truman’s desk in his office after his death.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.016 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1035 Other Truman historic spots include the posed Kyoto Protocol’s impact on coal de- tocol soon after he took office and an- Jackson County Courthouse in Independence pendent communities in Ohio. nounced that our Country would no longer be which maintains the office and courtroom of Congressman BOB NEY, who lives in St. a part of this flawed agreement. On March Presiding County Court Judge Truman and Clairsville, did a marvelous job locating excel- 13, 2001, President Bush said: ‘‘As you know, I oppose the Kyoto Protocol the Elms Hotel in nearby Excelsor Springs lent witnesses representing organized labor, where the president holed up during election because it exempts eighty (80) percent of the night in November 1948 when he, and most of industry and local government. Among them world, including major population centers, the nation’s press, expected Thomas Dewey was Mr. Robert E. ‘‘Bob’’ Murray, who a very such as China and India, from compliance, to defeat him. prominent leader within America’s coal mining and would cause serious harm to the U.S. By visiting any number of spots in Mis- industry. I encourage my colleagues to read economy.’’ souri frequented by the ‘‘Man from Independ- this testimony that puts a human face on how President Bush has chosen an entirely dif- ence,’’ people can appreciate how a simple, the Kyoto Protocol will impact working men ferent way to address the climate issue, one rural beginning shaped world history. based on research, technology, and voluntary and women in the Ohio Valley and throughout action. This path will encourage economic f the United States. growth, not stifle it. It will allow greater use STATEMENT OF MR. ROBERT E. MURRAY BE- NATIONAL CORRECTIONAL of our Nation’s most abundant and lowest FORE THE COMMITTEE ON RESOURCES OF THE cost energy source, coal, rather than dev- OFFICERS AND EMPLOYEES WEEK HOUSE OF REPRESENTATIVES FIELD HEARING astate the industry and this area. ON THE ‘‘KYOTO GLOBAL WARMING TREATY’S The President has received much pressure SPEECH OF IMPACT ON OHIO’S COAL DEPENDENT COMMU- from radical environmentalists and no- NITIES,’’ ST. CLAIRSVILLE, OHIO, MAY 13, growth advocates in the U.S., as well as the HON. JOHN E. SWEENEY 2003 international community, to reverse his de- OF NEW YORK Chairman Pombo and Congressman Ney, cision. But, even the most ardent of sup- IN THE HOUSE OF REPRESENTATIVES my name is Robert E. Murray, and I am porters of the Protocol, the members of the European Community, who are using this Tuesday, May 20, 2003 President and Chief Executive Officer of Murray Energy Corporation (‘‘Murray En- issue to gain economic advantages over the Mr. SWEENEY. Mr. Speaker, I rise today, ergy’’), which employs about 2,500 persons in U.S. for their products in the global market- as a co-chair of the Correctional Officers Cau- the most economically depressed areas of the place, are having difficulty achieving the cus, to honor the men and women working in United States. Our Subsidiaries, American mandatory carbon dioxide emissions reduc- tions that they set for themselves. And, it is our correctional facilities. On a daily basis, Energy Corporation, Maple Creek Mining, Inc., and The Ohio Valley Coal Company, important to point out that the Kyoto Trea- correctional personnel perform a wide range of employ about 1,400 persons in the tri-State ty has yet to go into force. jobs, from the routine to the extraordinary. Ohio River Valley area, and nearly 1,000 peo- Very importantly, there is no scientific Their work often goes unnoticed, but the ef- ple here in Belmont County. consensus that so-called global warming is forts of correctional officers and employees Studies at the Pennsylvania State Univer- even occurring. Moreover, there is no sci- were never more apparent than on September sity have shown that up to eleven (11) sec- entific evidence that human activities are 11, 2001. ondary jobs are created for each coal indus- responsible. try position that we provide, thus making As an engineer, I have followed the so- Following the horrific terrorist attacks, the our Companies responsible for almost 17,000 called global warming matter for more than New York Correction Department immediately jobs in this tri-State area, and nearly 12,000 two decades. The best analysis that I have sent personnel to assist in rescue operations. positions in Eastern Ohio. read is that prepared by Professor Bjorn Department staff controlled traffic congestion But, this is not where our tremendous ben- Lomborg, an academic who is a former enabling emergency vehicles to reach Ground eficial impact on this region stops. Our min- Greenpeace member and devoted environ- Zero and assisted firefighters by delivering fuel ing employees typically earn twice the aver- mentalist. Dr. Lomborg has compared the projected changes in the world’s tempera- to needy fire trucks. They built a small ‘‘tent age household wage in Ohio and two-and-one- half times the median wage for this area. tures for the next one hundred years—both city’’ equipped with heat, electricity, telephone American Energy Corporation’s Century with the Kyoto Treaty and without. Dr. and fax lines to provide additional support Mine here in Belmont County is the largest Lomborg has concluded that: services for the temporary morgue at Bellevue single economic development in Ohio in re- If we observe the Kyoto Treaty by enforc- Hospital. The Department also conducted se- cent years, representing an over $300 million ing all of its provisions, by the year 2100 curity clearances and issued thousands of investment in our area. (when our new granddaughter will be 97 photo ID cards to secure access to Ground The subject of the ‘‘Kyoto Global Warming years old), the temperature is expected to in- crease by 1.92 degrees Celsius. Zero and other restricted areas. Treaty’’ is a human issue, not an environ- mental matter, to me, Chairman Pombo and Without implementation of the Kyoto Mr. Speaker, in the aftermath of the terrorist Congressman Ney. You see, I know the Treaty, the temperature will reach that level attacks, correctional officers and employees names of many of the people whose jobs, by 2094 (when our granddaughter will be 91 were deployed 24 hours a day, seven days a standards of living, and lives would be de- years old), six (6) years sooner than with the week, to assist in various rescue and recovery stroyed in this area if the United Nations’ Protocol. ‘‘Kyoto Global Warming Treaty’’ were ever In 2010, compliance with the Kyoto Treaty efforts. will cost $350 billion per year, increasing to We have introduced H. Con. Res. 180 to adopted by the United States. This region is desperate for good paying nearly one trillion dollars annually by 2050. recognize National Correctional Officers and and well-benefited jobs. Our people just want To put this into perspective, Professor Employees Week, in gratitude for the courage to earn a reasonable living with honor and Lomborg calculates that, for $200 billion per and professionalism of the New York City Cor- dignity. Our young people want to stay in year, every human being on Earth could rection Department in the face of tragedy, as the area and have good employment. Many have clean drinking water and sanitation, well as the daily work of all correctional offi- times grown men and women have broken saving two million lives each year. down and cried in my office when I told them Mandatory restrictions on carbon dioxide cers and employees who perform their jobs emissions, whether imposed by the United with dedication and resolve. that we had a job for them. They know that, with the high pay and excellent benefits pro- Nations’ Kyoto Protocol or by restrictions Mr. Speaker, it is a privilege to honor our vided by coal mining, they can build the such as those currently being proffered by Nation’s correctional officers and employees. I lives of their dreams, be with their families, some Senators, would have a devastating ef- urge my colleagues to recognize these men and retire with dignity. fect on the communities in this tri-State and women by supporting this important reso- But, this region came close to being eco- area. The Kyoto Treaty would require a re- lution. nomically devastated, as the Administration duction of greenhouse emissions to seven of Bill Clinton and Albert Gore signed the percent (7%) below 1990 levels by 2008, not- f United Nations’ Kyoto Protocol on so-called withstanding that there is no scientific evi- TESTIMONY OF BOB MURRAY ON global warming and for years urged its pas- dence that proves that such reductions are beneficial or necessary. Our Nation would THE KYOTO PROTOCOL sage by the United States Senate. Wisely, the Senate would not ratify their draconian have to reduce emissions by close to forty treaty. Passage of the United Nations Kyoto percent (40%) from current levels in just five HON. RICHARD W. POMBO Protocol would have eventually eliminated (5) years to meet the draconian Kyoto Trea- ty goals. We applaud President Bush for rec- OF CALIFORNIA the U. S. coal industry and the 17,000 pri- mary and secondary jobs for which my Com- ognizing the Kyoto Treaty for what it is, a IN THE HOUSE OF REPRESENTATIVES panies are responsible in this tri-State area. political agreement pushed by the Clinton/ Wednesday, May 21, 2003 Indeed, the Clinton/Gore Administration had Gore Administration with no regard for a motto that they were going to ‘‘dial out America’s economy or citizens, and particu- Mr. POMBO. Mr. Speaker, on May 13, 2003 coal.’’ larly those in this area. the House Committee on Resources held a Fortunately, President George W. Bush Regarding the economic devastation of the field hearing in St. Clairsville, OH on the pro- condemned the United Nations’ Kyoto Pro- ill-conceived Kyoto Treaty, the most recent

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.018 E21PT1 E1036 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 study by the Heartland Institute showed Mr. Chairman, not only is the coal indus- American Satan certified, that if emissions had to be reduced to 1990 try opposed to mandatory reductions of car- Fiery werewolf’s paw, levels—and that is not as low as the Kyoto bon dioxide emissions, we are also opposed to Welcome the witch’s law. Treaty would have required—the Ohio state programs that would require mandatory re- Shock and Awe! government would lose a minimum of $1.2 porting on emissions, as well as schemes God gave Lucifer billion in revenue annually, and consumers that would lead to carbon dioxide emissions The outrage sign— and businesses in our State would pay $3.2 trading. The voluntary approach that the in- No more floods, billion and $32 billion, respectively, more for dustry is supporting will be the best way to Generals in charge this time. federal and state programs to reduce carbon preserve Ohio and tri-State area jobs and Military hi-tech games dioxide emissions. hold down electric rates for our households Smoke and flames Furthermore, based on the Heartland Insti- and our factories that must compete in the Tomahawks never error tute study, each household in Ohio would global marketplace. Now the screech of terror! pay over $8,000 per year for just the reduc- The coal industry in the United States, at O say can you hear tion to 1990 levels, and reaching the Kyoto this time, is being economically devastated. Like hysterical chickens Treaty targets would cost every Ohio house- Practically all of the major eastern U.S. coal Enemy families scrambling hold $14,000 annually. Clearly, these numbers producers are unprofitable or are currently With their foreign fear. prove the folly of even thinking about agree- in bankruptcy. This is largely the result of Target with the drone ing to mandatory carbon dioxide controls in the depressed economy, huge amount of con- Then melt the ancient stone; any form. struction of new natural gas fired electricity Ignore the pope As for coal, there would be very little pro- generating units during the Clinton/Gore Burn infant hope. duction of this fuel in the United States years, and importation of cheap coal from Apologize for the human stew: under a Kyoto type regime. The Energy In- South America. This is the worst possible Brains fried formation Administration of the U. S. De- time for some in Congress to be advocating Glands crisp dried partment of Energy, analyzed the affects of a any mandatory requirements regarding car- Ears toasted Kyoto Treaty on the energy markets and de- bon dioxide emission measuring, reductions, Thighs roasted termined that it would cause a sixty-seven or trading. Blood and skin (67%) reduction in National coal production Mr. Chairman and Congressman Ney, we For savage sausage; levels by 2010, and a 90% drop by 2020. commend you for holding this field hearing Barbecue ageing sages In short, by 2020 there would be no coal in- on the devastating effects that any attempt Too old to flee, dustry in Ohio, from which eighty-seven per- to put restrictions on carbon dioxide emis- Dracula’s banquet served free. cent (87%) of the State’s electricity is gen- sions would have on the people and commu- America stands by what it said— erated. Furthermore, coal fired electricity nities in this tri-State area of the Ohio River Every Iraqui orphan will be fed; 1 costs about one-third ( ⁄3) that from natural Valley. As I stated previously, the Kyoto Salute the red white and blue— gas fired generation, and is even more eco- Treaty and proposed carbon dioxide emission Liberation will surely come true. nomical than this over nuclear generated reductions is a human issue with me, rather With Shock and Awe We decree new orders— electricity. than environmental, as I know the names of A better way to address the climate issue We reserve the right many of the individuals in this area whose is by the plan outlined by President Bush in To draw new borders. jobs, lives, and quality of life would be de- February, 2002, which, as I have stated be- Bagdad is burning, stroyed under the Kyoto Treaty or any other fore, is based on science, research, tech- For Damascus program for mandatory reductions in carbon nology, efficiency, and voluntary actions. We are yearning, dioxide emissions. Such an approach will determine whether On the table Tehran too, carbon dioxide emission reductions are bene- f Salute almighty red white and blue. ficial or necessary, or not. If carbon dioxide Color the sky red reductions are proven to be necessary, we WAR IS ALWAYS SHOCK AND AWE Pray for the collateral dead, will be on our way. If they are not, we will Ingest civilization raw, still be moving well down the road to the HON. MAJOR R. OWENS Taste unpolluted steaming more efficient use of coal with new tech- Shock and Awe! OF NEW YORK nologies. Entice priests away from popes, There currently are several initiatives in IN THE HOUSE OF REPRESENTATIVES Humiliate polyglot UN dopes; Washington that will directly keep coal in Wednesday, May 21, 2003 Shove Paris onto the track, the energy mix. On the Congressional front, Watch Moscow at our back; the U.S. House of Representatives has just Mr. OWENS. Mr. Speaker, Secretary Rums- Ambitious Shiites should cross no border; passed H.R. 6, the Energy Policy Act of 2003. feld’s announcement a few months ago that Shock and Awe This legislation includes two important pro- the war in Iraq would be won by the applica- Is the new world order! visions that we need to get advanced clean tion of ‘‘shock and awe’’ was not the revelation See the devil’s claw coal technologies into existing coal fired of a new and innovative weapon. Shock and Fiery werewolf’s paw Welcome the witch’s law. electricity generating plants and to build awe has always been the dominant feature of new ones. H.R. 6 also includes authorization Shock and Awe! for basic coal research and for the Presi- war. Indeed war itself is inevitably traumatic; Shock and Awe! when there is death and killing there is auto- dent’s $2 billion Clean Coal Power Initiative, f which will demonstrate advanced clean coal matic and excruciating shock and awe. Part of technologies. the power of the early witch doctors was de- HEALTHY FORESTS RESTORATION The aforementioned two provisions are rived from the grotesque mask they wore. ACT OF 2003 also included in the Senate Bill, S. 14, that is Roman armor was designed not merely to pro- SPEECH OF now being debated on the Senate floor. But, tect soldiers but also to frighten the enemy. Vi- S. 14 includes a third important element that was left out of the House passed legislation. king ships had monstrous images carved on HON. ANNA G. ESHOO The Senate Bill will include very important their masts to terrify their victims before at- OF CALIFORNIA production and investment tax credits for a tacking. Hitler’s Luftwaffe planes from the air IN THE HOUSE OF REPRESENTATIVES limited number of plants to encourage rapid with bombs slaughtered the Polish cavalry Tuesday, May 20, 2003 use of new advanced clean coal technologies. charging forward on their obsolete white Ms. ESHOO. Mr. Speaker, this bill isn’t It is important, Mr. Chairman and Congress- horses. The Russians employed a monster about wildfire prevention. Fire prevention is man Ney, that you support the inclusion of tank that made even the cold blooded Nazis being used as an excuse for allowing massive these tax provisions in the final bill that cringe with fear. And, of course, nuclear war goes to the President’s desk. commercial logging in our national forests. Another important initiative that the Ad- is the ultimate shock and awe. When we an- Although its proponents say otherwise, the ministration has announced is the nounce shock and awe as a great accomplish- bill allows more than just ‘‘thinning’’ of small FutureGen Program, which is a $1 billion, ment there is a danger that we will grossly trees and brush that are at risk of burning. It ten (10) year, demonstration project to cre- mislead our youth. There is nothing glorious allows logging of the largest, most fire-resist- ate the World’s first coal-based, zero emis- and splendid about shock and awe. War is at ant trees which are found in areas of the for- sions, electricity and hydrogen power plant. best a necessary evil. The war against Iraq is est that are the least likely to burn. The plant will capture carbon dioxide emis- an unnecessary evil. The following Rap poem sions and will be coupled with carbon seques- Timber companies want special access to tration so that it is literally a zero emissions seeks to expose the horror of Shock and Awe: these commercial-grade trees and the isolated plant. Over the long term, coal can be the SHOCK AND AWE sections of forest where they flourish. Under major source for hydrogen energy for our See the devil’s claw— the pretext of ‘‘fire prevention,’’ this bill re- Country. Thunder lightning death! wards the industry with that access.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.023 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1037 When this proposal was unveiled by the Nicole for making me one very proud grand- sterilization, they intend to make those who White House last summer, James mother. I know that her grandfather, the late dared make the allegation pay a price. And if Connaughton, the Chairman of President Governor Ricky Bordallo, must be smiling the government’s investigation does confirm Bush’s Council on Environmental Quality, down on her today. God bless you, Nicole, we the allegation, they will still make those who gave the only frank description of the plan to love you. made the allegation pay a price. I believe this come from the Administration. He said: f is what is meant by the old expression, ‘‘[T]he best place to get commercial grade ‘‘Damned if you do, and damned if you don’t.’’ timber is in the context of these thinning COERCED STERIZATION This is really an outrageous threat, and it’s projects. So why not go there? And that’s INVESTIGATED IN SLOVAKIA hard to believe that an official responsible for really what this [initiative] is about.’’ human rights would have made it. So the ‘‘thinning’’ is simply a Trojan horse to HON. CHRISTOPHER H. SMITH Mr. Speaker, I had hoped that this was an allow massive commercial logging in our for- OF NEW JERSEY unfortunate misstatement and not really reflec- ests. IN THE HOUSE OF REPRESENTATIVES tive of the Slovak Government’s policies. I had If we’re serious about stopping the destruc- Wednesday, May 21, 2003 hoped that the fact that almost every news- tive fires that destroy homes and threaten paper article, from Los Angeles to Moscow, lives, we need to focus on the borders be- Mr. SMITH of New Jersey. Mr. Speaker, on about coerced sterilization in Slovakia has tween forests and populated areas. May 8, the Senate gave its consent to proto- mentioned this threat would lead the Slovak Clearcutting in isolated areas of our forests, as cols providing for the accession of seven new Government to issue some kind of clarification the bill allows, will not protect lives or property. members to the North Atlantic Treaty Organi- or retraction. Unfortunately, not only has there The slash created by clearcutting undermines zation. I have supported Slovakia’s admission been no such clarification or retraction, but the forest health and increases the risk of dam- to NATO and am heartened that the post– threat has now been repeated—not once, but aging wildfires. 1998 democratic and human rights progress in at least twice. The Miller Substitute focuses on where the Slovakia made the Senate vote possible. First, in mid-March, the Ministry of Health greatest threat exists . . . the border between Slovak leaders continue to demonstrate in issued a report based on its own investigation forests and population centers. At the same many concrete ways their commitment to the into the allegations. (A separate government time, it preserves our ecologically valuable old oftcited but not always visible ‘‘shared values’’ investigation continues.) Naming a particular growth forests. If wildfire prevention is the that are central to the trans-Atlantic commu- Slovak human rights advocate by name, the goal, then the Miller Substitute is the best way nity. I was moved to read that several Slovak ministry complained that she had refused to to get there. We need to defeat this bill and leaders, including Speaker of the Parliament, cooperate with police investigators and this adopt the Miller substitute. Pavol Hrusovsky, with whom I met last year, could be considered covering up a crime. Es- f Laszlo Nagy, Chairman of the Parliament’s sentially the same point was made by human rights committee, and the Foreign Min- Slovakia’s Ambassador to the OSCE in early CONGRATULATING NICOLE istry have spoken out so clearly and strongly April, ironically during a meeting on Romani BORDALLO NELSON ON HER on behalf of the Cuban dissidents victimized human rights issues. GRADUATION FROM THE UNI- by Castro’s recent sweeping crackdown on Mr. Speaker, these threats raise serious VERSITY OF SAN FRANCISCO human rights activists. doubts about the breadth and depth of the At the same time, I have continuing con- Slovak Government’s commitment to get at HON. MADELEINE Z. BORDALLO cerns about the Slovak Government’s ongoing the truth in this disturbing matter. Can the Slo- OF GUAM investigation into allegations that Romani vak Government really expect women who IN THE HOUSE OF REPRESENTATIVES women were sterilized without proper informed may have been sterilized without consent to consent. Wednesday, May 21, 2003 come forward and cooperate with an inves- Mr. Speaker, I know these allegations are of tigation with a threat like this hanging over Ms. BORDALLO. Mr. Speaker, I rise today concern to many members of the Helsinki them? A few brave souls may, but I believe to congratulate Ms. Nicole Bordallo Nelson for Commission, one of whom recently sponsored these threats have had a substantial chilling completing her undergraduate degree in Psy- a Capitol Hill briefing concerning the steriliza- effect on the investigative process. chology from the University of San Francisco, tions. I also discussed the issue with Slovak In fact, it is not unusual for those whose for which commencement ceremonies will take Ambassador Martin Butora and Deputy Min- rights have been violated to confide their sto- place on May 24, 2003. ister Ivan Korcok in March. Eight Helsinki ries only upon condition of anonymity. And The Psychology Department at the Univer- Commissioners joined me in writing to Prime while I realize there has been a very serious sity of San Francisco is a rigorous and highly Minister Dzurinda to express our concern, and effort in Slovakia to improve the profes- regarded program. I am proud of Nicole for U.S. Assistant Secretary for Human Rights, sionalism of the police and to address past her tremendous achievement and for her hard Democracy, and Labor, Lome Craner, com- police abuses against Roma, I certainly can’t work in order to earn this prestigious degree. mented on this abhorrent practice at his hear- blame Romani women if they are unwilling to However, it is her compassion for other people ing on the State Department’s annual human pour their hearts out to their local constables. that is most commendable. Besides her many rights report. Simply put, the police have not yet earned that long hours of study and her hard work as a re- I was encouraged by the Prime Minister’s trust. search assistant with the University of San substantive and sympathetic response, and I I hope the Slovak Government will set the Francisco Psychology Department, Nicole commend his commitment to improve respect record straight on this and remove any doubt spent much of her free time volunteering for for the human rights of Slovakia’s Romani mi- that the days when human rights activists Bay Area homeless rescue missions. It is no nority. could be sent to jail for their reports is over. surprise that she has excelled at the college At the same time, I am deeply troubled by Doing so is critical for the credibility of the level, and I have no doubt that she will con- one particular aspect of the government’s re- government’s ongoing investigation. tinue to serve the community as she pursues sponse to the reports documenting that steri- f a career in the Psychology. lizations occurred without proper informed Before college, Nicole attended the Acad- consent. RECOGNITION OF ARDELL KIMMEL emy of Our Lady of Guam, a Catholic school Shortly after the release in January of a for young women on Guam, and later grad- lengthy report on sterilization of Romani HON. JOHN SHIMKUS uated from St. Paul’s School. In addition to women, a spokesperson for the ministry re- OF ILLINOIS her coursework and hours of community serv- sponsible for human rights was quoted in The IN THE HOUSE OF REPRESENTATIVES ice, she excelled as an athlete in soccer and New York Times as saying: ‘‘If we confirm this basketball. information, we will expand our charges to the Wednesday, May 21, 2003 Today I join Nicole’s parents, Deborah Jose- report’s authors, that they knew about a crime Mr. SHIMKUS. Mr. Speaker, I rise before phine Bordallo and James Earl Nelson in con- for a year and did not report it to a prosecutor. you today to recognize Ardell Kimmel of Jef- gratulating Nicole on her accomplishment. And if we prove it is not true, they will be ferson County, Illinois. Ardell was recently in- They were always supportive and responsible charged with spreading false information and ducted into the Senior Saints Hall of Fame of parents to Nicole, their only daughter, and damaging the good name of Slovakia.’’ Jefferson County. they have every reason to be proud of her In other words, if the government’s inves- Ardell received this honor for his lifelong achievement. But most of all, I want to thank tigation does not find evidence of coerced service to others. He served his country in

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.026 E21PT1 E1038 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 World War II as a United States Navy Gun- students. If the students of today are a barom- Elementary and Secondary Education, with fi- nery Mate. After the war he earned a degree eter, then the students of the future will most nancial support from State Farm Insurance in agriculture. Throughout his life he has assuredly defy the odds against them and Companies, Inc. shared with high school and college students take their place in the modern world as well- In the program, elementary and secondary his knowledge of agriculture. He has been in- educated leaders and decision-makers solving schools are recognized in alternating years. volved with the 4-H Club, Southern Illinois future problems. Mr. Speaker, I submit to you that success in Agri-Business Club, King City Dinner Club, As leaders in government, it is our responsi- education can be achieved at all levels, and and American Legion Post 141. Ardell is ac- bility to provide them the tools, the gifted sometimes where it is least expected. tively involved at Central Christian Church teachers and the inspiration to achieve against As we celebrate 15 Gold Star schools in the where he serves in numerous ways. He and great odds for even greater successes. State of Missouri, with three in my district his wife, Wilma, have also raised two daugh- f alone, I also hope and plan for the day that ters and one son. the majority of schools in the State achieve I want to congratulate and thank Ardell for RECOGNITION OF REV. LEROY ‘‘Gold Star’’ status and we can happily raise all he has done and will continue to do for the DUDE the academic bar again, for the next genera- people in his community. He is a saint to all tion of students. who know him and is deserving of this pres- HON. JOHN SHIMKUS If the students of today are a barometer, tigious honor. OF ILLINOIS then the students of the future will most as- f IN THE HOUSE OF REPRESENTATIVES suredly defy the odds against them and take Wednesday, May 21, 2003 their place in the modern world as well-edu- CONGRATULATIONS TO KENNARD cated leaders and decisionmakers solving fu- Mr. SHIMKUS. Mr. Speaker, I rise before CLASSICAL JUNIOR ACADEMY ture problems. you today to recognize Rev. Leroy Dude of FOR RECEIVING A ‘‘GOLD STAR’’ As leaders in government, it is our responsi- Jefferson County, IL. Leroy was recently in- AWARD bility to provide them the tools, the gifted ducted into the Senior Saints Hall of Fame of teachers and the inspiration to achieve against Jefferson County. HON. WM. LACY CLAY great odds for even greater successes. OF MISSOURI Leroy received this honor for his lifelong f IN THE HOUSE OF REPRESENTATIVES service to others. For 45 years Reverend Dude served as pastor of West Salem Trinity Wednesday, May 21, 2003 IN HONOR OF THE DEDICATION OF United Methodist Church. He performed many THE SHIRLEY GRALLA GIRLS’ Mr. CLAY. Mr. Speaker, I rise to honor ex- baptisms, weddings, and funerals; as well as ELEMENTARY SCHOOL AT BE’ER cellence personified by Kennard Classical Jun- mowing the lawns of others, helping to paint HAGOLAH INSTITUTES ior Academy, in the St. Louis Public Schools barn roofs, and planting trees. Leroy also has District. served as trustee and clerk of Shiloh Town- In April the school was named one of 15 el- ship. He and his late wife raised five children. HON. GARY L. ACKERMAN ementary schools in the State of Missouri to I want to congratulate and thank Leroy for OF NEW YORK receive the ‘‘Gold Star’’ award for academic all he has done and will continue to do for the IN THE HOUSE OF REPRESENTATIVES excellence. I proudly enter their name into the people in his community. He is a saint to all Wednesday, May 21, 2003 CONGRESSIONAL RECORD as part of a national who know him and is deserving of this pres- Mr. ACKERMAN. Mr. Speaker, I rise today celebration of their achievement. tigious honor. to honor Shirley Gralla, a life-long supporter of The feat by staff and students at Kennard f Jewish education around the world, on the Classical Junior Academy is top flight, consid- dedication of the Shirley Gralla Girls’ Elemen- ering that some 35 highly competitive public CONGRATULATIONS TO PIERRE tary School at Be’er Hagolah Institutes in schools competed for the awards, for the LACLEDE ELEMENTARY SCHOOL Brooklyn, NY. 2002–2003 academic year. FOR RECEIVING A ‘‘GOLD STAR’’ Chosen by a panel of school administrators AWARD As a child in the early 1920s, Shirley Gralla and other educators from across the state, all came to America from Eastern Europe in applications were evaluated and winners were search of the ‘‘American Dream.’’ As an adult, HON. WM. LACY CLAY she has dedicated her life to making that selected during the month of April. The 15 OF MISSOURI schools were formally honored May 7 at a dream a reality for thousands of Jewish immi- IN THE HOUSE OF REPRESENTATIVES grant children. With her husband Milton, Shir- forum in Jefferson City, MO, the State Capital. Wednesday, May 21, 2003 To be eligible for the award, schools had to ley helped transform Be’er Hagolah Institutes meet academic performance criteria estab- Mr. CLAY. Mr. Speaker, I rise to honor ex- into the largest school in the United States de- lished by the U.S. Department of Education for cellence personified by a public school in my signed to attract and educate Jewish children the ‘‘No Child Left Behind—Blue Ribbon district—Pierre Laclede Elementary School, in from the former Soviet Union. The Center, Schools’’ program. the St. Louis Public Schools District. which was established in 1979, educates Established in 1991, the Gold Star Schools In April the school was named one of 15 el- nearly one thousand students from kinder- program is sponsored by the Missouri Depart- ementary schools in the State of Missouri to garten through grade 12, and has a policy of ment of Elementary and Secondary Education, receive the ‘‘Gold Star’’ award for academic turning no child away for financial reasons. In with financial support from State Farm Insur- excellence. I proudly enter their name into the fact, most of the student body receives a full ance Companies, Inc. CONGRESSIONAL RECORD as part of a national or partial scholarship. In the program, elementary and secondary celebration of their achievement. Shirley and Milton have endowed and schools are recognized in alternating years. The feat by staff and students at Pierre named schools in Odessa, Ukraine; Kiev, Mr. Speaker, there is something extra spe- Laclede Elementary School was one of three Ukraine; Moscow, Russia, and Jerusalem, cial about Kennard Classical Junior Academy. schools in my district so honored. Some 35 Israel. She has initiated a family sponsored While the school sits in South St. Louis, in the public schools competed for the awards, for endowment of a floor at the Albert Einstein neighboring 3rd Congressional District, I read- the 2002–2003 academic year. College of Medicine in New York City, for the ily share my joy in this achievement because Chosen by a panel of school administrators study of brain disorders. More recently, Shirley my daughter, Carol, is a student at Kennard and other educators from across the State, all helped to create the Brandeis University ‘‘Gen- and shares in her school’s success as well. applications were evaluated and winners were esis’’ Program, which invites Jewish teens Mr. Speaker, I submit to you that success in selected during the month of April. The 15 from around the United States to participate in education can be achieved at all levels, and schools were formally honored May 7 at a an enriching Judaic and academic experience sometimes where it is least expected. forum in Jefferson City, MO, the State capital. at the university’s campus in Waltham, Massa- As we celebrate 15 Gold Star schools in the To be eligible for the award, schools had to chusetts. For these and other achievements, state of Missouri, with three in my district meet academic performance criteria estab- Shirley Gralla has been named a Fellow at alone, I also hope and plan for the day that lished by the U.S. Department of Education for Brandeis University and a Doctor of Humane the majority of schools in the state achieve the ‘‘No Child Left Behind—Blue Ribbon Letters by Yeshiva University. ‘‘Gold Star’’ status. Schools’’ program. When the need for new facilities at the Be’er At that time we can happily raise the aca- Established in 1991, the Gold Star Schools Hagolah Institutes became obvious ten years demic bar again, for the next generation of program is sponsored by the Department of ago, Shirley and Milton rose to the challenge.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.030 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1039 Together with Joseph Gruss and the buildings in the park’s Preservation District, formidable debating abilities. And, not least Reichmann family of Toronto, they worked to improving the downtown and adjacent neigh- among his qualities, he was a tireless booster fund the construction of magnificent new ac- borhoods. These efforts have been repeatedly of Pennsylvania and her citizens. commodations for the children. On May 28, recognized, most recently with a National I came to know Speaker Ryan when I 2003 Shirley Gralla’s commitment to the Honor Award from the National Trust for His- served under him for two terms in the Penn- school will be recognized when the girls’ ele- toric Preservation and a statewide award for sylvania House in the early 1990s. Speaker mentary school will be dedicated in her name. ‘‘Visionary Leadership in Community Preserva- Ryan earned the devotion of freshmen classes I commend Shirley Gralla for her continued tion.’’ session after session because he was acces- dedication to the field of education and her Most of the five and a half miles of canals— sible, he was genuinely interested in helping commitment to improving the lives of Jewish a National Engineering Landmark—are now new members learn the ropes, and because immigrant children. I ask my colleagues in the accessible to the public via walkways and in- he was committed to helping all members do House of Representatives to please join me in terpretive signage. The Park’s Canalway Pro- their best to better the Commonwealth of congratulating Shirley Gralla on the dedication gram has won a national ‘‘Excellence on the Pennsylvania. of the Shirley Gralla Girls’ Elementary School Waterfront Award’’ from the Waterfront Center Like many of my colleagues in the Pennsyl- at Be’er Hagolah Institutes. in Washington, DC. vania congressional delegation, I am person- f Its community programming through the ally indebted to Speaker Ryan for his Mogan Cultural Center reaches out to under- mentorship, his leadership and, above all, his COMMEMORATING THE 25TH ANNI- served populations and over three dozen eth- friendship. I shall miss him greatly. VERSARY OF LOWELL NATIONAL nic communities, earlier generations of whom f HISTORICAL PARK worked in textile mills. TRIBUTE TO THE HONORABLE The community has built upon the presence RUTH GALANTER HON. MARTIN T. MEEHAN of the Lowell National Historical Park by at- OF MASSACHUSETTS tracting museums, sports facilities, an arts IN THE HOUSE OF REPRESENTATIVES community and major festivals to the Preser- HON. JANE HARMAN Wednesday, May 21, 2003 vation District, making Lowell truly a ‘‘Destina- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mr. MEEHAN. Mr. Speaker, I rise today to tion City.’’ The National Trust for Historic Pres- commemorate the silver anniversary of the ervation designated Lowell one of its first Wednesday, May 21, 2003 Lowell National Historical Park. ‘‘Dozen Distinctive Destinations’’ in 2000. Ms. HARMAN. Mr. Speaker, I rise to honor Twenty-five years ago, President Jimmy New projects are underway in three major a close friend, a remarkable public servant Carter signed into law former Congressman mill complexes—Lawrence, Boott and Dutton and courageous advocate for the people of Paul Tsongas’ legislation to establish the Low- Yarn—that are generating 400 new market California—the Honorable Ruth Galanter. Ruth ell Park. At the time, Lowell was a struggling rate apartments and condominiums because is retiring from the Los Angeles City Council community with an uncertain future. Neverthe- Lowell is now a place to which people want to after 16 years of service, where her insights, less, Tsongas knew that as the cradle of move. Over a dozen other historic buildings in legislative acumen, and keen intellect will be America’s Industrial Revolution, Lowell was a the national park’s Preservation District are sorely missed. dynamo waiting to be harnessed. also in the process of rehabilitation at this Mr. Speaker, there is no magic formula for Today, the Lowell Park receives nearly time, signaling that the marketplace has re- determining what makes a good public serv- three-quarters of a million visitors a year and sponded to the Federal investment. ant, but in Ruth Galanter all the ingredients for its revitalized and reused mills are home to Congratulations to the Lowell National His- success were there. Ruth brought her intel- high technology companies, a state university, torical Park for reaching this auspicious mile- ligence, wit, and political skills to bear on be- and housing for all income levels. stone. Its 25th anniversary is as much a cele- half of her constituents, her community and The Lowell Park has told the story of our bration of Lowell’s rebirth, as it is a stark re- countless important causes. And all the people Nation’s industrial history using world class minder of the inherent value of preserving our of Los Angeles benefited from her ability to museum exhibits and innovative programs and history for future generations. get things done. events such as canal boat tours; a recreated f It has been my great pleasure to work with weave room and interactive exhibits at the Ruth on many of these causes. Just last Boott Cotton Mills Museum; the Mill Girls and HONORING THE LIFE AND WORK month, Ruth and I participated in a ceremony Immigrants exhibit; the annual Lowell Folk OF FORMER SPEAKER OF THE with the Army Corps of Engineers commemo- Festival, the largest free folk festival in the na- PENNSYLVANIA HOUSE OF REP- rating the installation of tidal gates along the tion, now in its 17th year; and numerous other RESENTATIVES, MATTHEW J. Ballona Creek in my district. The gates will heritage-based special events. RYAN help preserve scarce wetlands, restore critical Furthermore, as a pioneer in the National habitat, and provide recreational and edu- Park System (NPS), Lowell has been a model HON. JIM GERLACH cational opportunities for the community for for telling America’s industrial history across OF PENNSYLVANIA years to come. the Nation, in such places as Dayton, OH, IN THE HOUSE OF REPRESENTATIVES The project, more than 10 years in the mak- where stories are being told about the history Tuesday, May 13, 2003 ing, is a perfect illustration of a top-notch pub- of aviation; in the Upper Peninsula of Michigan lic servant at the peak of her powers. Ruth about copper mining; in the Monongehela Val- Mr. GERLACH. Mr. Speaker I rise today in Galanter’s ability to focus on a particular out- ley of Pennsylvania about the steel industry; support of H. Res. 178, a resolution honoring come; to build and nurture diverse coalitions; and in Scranton, PA, about railroading. the life and work of Matthew J. Ryan, the to bring together all levels of government in At the local level, the Lowell Park’s contribu- former Speaker of the Pennsylvania House of support of a common goal; her fundamental tion to the area’s economic development has Representatives. and unwavering commitment to a healthy envi- been immeasurable, and nationally, it is a The basic facts of Speaker Ryan’s career in ronment—these are the gifts that she unself- treasure of America’s rich industrial heritage. the Pennsylvania House were that he served ishly shared with the community. The Lowell Park staff has been highly inno- for over 40 years and that he was the longest Over the years, Ruth’s work resulted in the vative, winning state and national recognition serving Speaker in the chamber’s history. But preservation of the Bolsa Chica Wetlands and and awards. Here are just a few examples of as is often the case, the simple facts do little the El Segundo Dunes, and she spearheaded their achievements: to explain the man or his impact on the lives efforts to clean up Santa Monica Bay and con- Partnering with the University of Massachu- of his fellow Pennsylvanians-including my serve the Ballona wetlands. She led the effort setts Graduate School of Education, the Low- own. to renovate Venice Beach and preserve the ell Park boasts one of the most successful Speaker Ryan was an almost legendary fig- Venice Pier. educational programs in the Park Service, with ure in Pennsylvania politics. He was a power- She has promoted smart growth and sus- over 65,000 participating school children per ful man, to be sure. But more to the point, he tainable development, advocated for a re- year. The National Parks Foundation and the was a man who had the trust and confidence gional airport system and high-speed rail, and NPS have awarded their Partnership Award to of his colleagues on both sides of the aisle. tirelessly promoted water conservation and re- this innovative heritage education program. He was universally respected for his non- cycling. Working closely with the city, the park has partisan style of presiding over the Pennsyl- While this chapter of Ruth Galanter’s public guided the rehabilitation of nearly 350 historic vania House, his parliamentary skill and his service may be coming to a close, she leaves

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.034 E21PT1 E1040 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 behind a proud and lasting legacy. The crown- ed that is has no child soldiers, and refuses to STUDENT LOAN FORGIVENESS ing achievement of an environmentalist is to acknowledge the detention and torture of polit- FOR PUBLIC ATTORNEYS leave the earth a little cleaner, a little greener ical prisoners. For this reason, it should not be and a little brighter than when they started. surprising that Than Shwe has ignored the HON. DAVID SCOTT Ruth Galanter has accomplished this and promise he made over a year ago to enter into OF GEORGIA more. a dialogue with Aung San Suu Kyi, facilitated IN THE HOUSE OF REPRESENTATIVES f by the United Nations, aimed at a transition to Wednesday, May 21, 2003 freedom and democracy. Instead, he has BURMA MUST STOP ITS HUMAN Mr. SCOTT of Georgia. Mr. Speaker, I rise flaunted the good-faith efforts of the United RIGHTS VIOLATIONS IMME- to introduce the Prosecutors and Defenders Nations Special Envoy to Burma, Razali DIATELY Incentive Act. Ismail, and by extension, the entire United Na- Throughout the country, District Attorneys HON. MICHAEL E. CAPUANO tions General Assembly. are finding it increasingly difficult to recruit and OF MASSACHUSETTS I urge my colleagues to join me in con- retain qualified and experienced attorneys. Re- cent law school graduates face difficult IN THE HOUSE OF REPRESENTATIVES demning these recent attacks and urge the State Department’s Bureau of Democracy, choices regarding their legal careers. While a Wednesday, May 21, 2003 Rights, and Labor to register our condemna- starting salary at a private law firm now often Mr. CAPUANO. Mr. Speaker, I rise today to tion of the regime at the highest levels. exceeds $100,000, the average starting salary inform my colleagues of the despicable attack in a district attorneys office is approximately on a key democratic figure in Burma, Aung f $35,000. San Suu Kyi, by Than Shwe and his brutal With undergraduate and law school loans military regime. TRIBUTE HONORING SHARON COOK frequently amounting to $100,000, aspiring A few days ago, the political arm of Than OF NAPOLEON, MICHIGAN public attorneys face a crippling debt burden Shwe’s regime, the Union Solidarity and De- that drives them to other career choices. This velopment Association (USDA), launched an financial burden likely hits minority students attack against Aung San Suu Kyi’s motorcade HON. NICK SMITH even harder and makes their decisions about as she was traveling to give a speech about a public service career that much more dif- OF MICHIGAN freedom in Burma. After stopping the motor- ficult. A system of continual turnover severely cade and wielding machetes and sticks, USDA IN THE HOUSE OF REPRESENTATIVES impact on law enforcement and the ability to members beat on the doors of the motorcade ensure justice. Wednesday, May 21, 2003 and attempted to steal cameras and other Due to the increasing fiscal constraints faced at the state and local level, public offi- items. Mr. SMITH of Michigan. Mr. Speaker, I rise cials are unable to raise salaries to a competi- This is only one of many recent occasions today to honor Sharon Cook, an outstanding tive level. More than ever, America needs an in which the USDA has harassed and intimi- educator from Napoleon, Michigan, who is re- effective justice system. The Department of dated Aung San Suu Kyi, her political opposi- tiring after 31 years of teaching. tion group called the National League for De- Justice has recognized that public defenders mocracy (NLD), and their supporters. In order Sharon graduated from Napoleon High and prosecutors should have access to stu- to interfere with her efforts to speak about de- School in 1965 and attended Western Michi- dent loan forgiveness programs as an impor- mocratization in Burma, the regime has threat- gan University, where she majored in English tant means of reducing staff turnover. ened her supporters with water hoses on fire and earned her K–8 teaching degree. She Under my legislation, a recently-recruited trucks and blared loud music so that others also earned a Master’s of Education Degree public attorney would enter a written agree- cannot hear her speeches. Authorities have from Eastern Michigan University. After teach- ment that specified that he or she would re- repeatedly deterred and prevented her sup- ing in the elementary school for a number of main employed as a prosecutor or public de- porters from attending her speeches by threat- years, Sharon transferred to the Middle fender for a required period of service of not ening them with arrest, and have turned back school, where she taught Math and Language less than 3 years, unless involuntarily sepa- several busloads full of people. Arts. rated from employment. If the attorney is invol- untarily separated from employment on ac- I find it appalling that Than Shwe’s soldiers In addition to her classroom responsibilities, count of misconduct, or voluntarily separates would threaten one of the world’s great free- she has coached girl’s track, Basketball, and from that employment before the end of the dom fighters with blunt weapons. Aung San cheerleading for both football and basketball. Suu Kyi and the NLD are the legitimately period specified in the agreement, the indi- Sharon has also served as Yearbook and vidual would be required to repay the amount elected leaders of their country-they won 82 Newspaper advisor, as well as Service Squad percent of the seats in parliament in an inter- of any benefits received. Successive agree- and Class Advisor. She has also coached ments could be made to continue the loan nationally recognized election, even though Michigan Mathematics League teams, reach- the regime refuses to recognize the results. As payments until the maximum amount author- ing state level competition in 1987. an elected Representative of the citizens of ized is reached. Massachusetts, I simply cannot stand by while As an educator, Sharon Clark realizes the Under the proposal, the Secretary of Edu- men like Than Shwe so grossly violate the importance of helping young teachers estab- cation would make the loan payments for the very principles upon which this House was lish themselves in the classroom and has attorney for the period of the agreement if the built. served as a Mentor Teacher to newly hired funds were made available through appropria- Than Shwe continues to terrorize the popu- teachers at Napoleon. tions. Students loan repayments would not ex- ceed $6,000 for any borrower in any calendar lation of Burma. He and his regime have Perhaps most important is Sharon’s dedica- forced much of the population into modern-day year or a total of $40,000 in the case of any tion to community service. For many years, borrower. This legislation is supported by the slave labor, locked up about 1,400 political she has served as Student Council Advisor prisoners including students, monks, nuns, National District Attorneys Association. and encouraged her students to be active in I hope my colleagues will join me by sup- and 18 members of parliament, and recruited many community projects. With her help, stu- an astounding 70,000 child soldiers—far more porting and cosponsoring this legislation. dents in Napoleon have collected food for f than any other country in the world. Perhaps Thanksgiving Food Baskets, conducted Penny most disturbing, our own State Department’s Wars for Christmas Giving, Angel Trees for TRIBUTE TO THE STUDENTS FROM Bureau of Democracy, Rights, and Labor con- children of prisoners, and most recently, pack- FRANKLIN HIGH SCHOOL IN ducted an impressive investigation into rapes ages for our armed service men and women PORTLAND, OREGON in Burma that confirmed the regime is using currently serving in Operation Freedom in Iraq. rape as a weapon of war. As we learned from HON. EARL BLUMENAUER Bosnia, using rape as a weapon is a war In a time when highly qualified teachers who OF OREGON crime, and Than Shwe and his cronies should motivate are so important, pleased to honor IN THE HOUSE OF REPRESENTATIVES be brought to justice. this oustanding educator on the occasion of Most importantly, Burma’s regime has prov- her retirement. Sharon has dedicated 31 years Wednesday, May 21, 2003 en that its words cannot be taken seriously. It in service to the students of Napoleon Com- Mr. BLUMENAUER. Mr. Speaker, on April has denied the use of rape as a weapon, stat- munity Schools and the community at large. 15, 2003 students from Franklin High School

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.037 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1041 in Portland, Oregon captured first place in the Mr. Speaker, the Triennial Review offered system is particularly susceptible to terrorist 2003 Unisys Corporation Prize in the Online the FCC the unique opportunity to boost the attempts to smuggle personnel, weapons of Science Education competition, administered nation’s economy and not only save jobs—but mass destruction, or other dangerous mate- by the American Association for the Advance- create jobs as well. The Commission, how- rials into the U.S. And, terrorists could attack ment of Science (AAAS). ever, responded to the challenge by issuing a ships in U.S. ports. A large-scale terrorist at- Working with the Oregon Museum of ruling that is contradictory—largely deregu- tack at a U.S. port would cause widespread Science and Industry (OMSI), the Franklin lating broadband on one hand while, on the damage and seriously affect our economy. High School team placed above nine other en- other, continuing the enormous regulatory bur- To date, Congress has provided extensive tries, all of which were charged with con- den of requiring large local phone companies Federal funding to fully ensure air security. In ducting scientific inquiry on flight and pre- to lease their lines at below cost rates to com- contrast, Congress has not provided sufficient senting their findings on the Internet. petitors. Federal funding to fully ensure port security. This contest is part of a national science In conclusion, the FCC has succeeded in The witnesses at my Subcommittee hearing project sponsored by AAAS, the Franklin Insti- creating uncertainty in the marketplace, and made several thoughtful recommendations, in- tute Science Museum, and Unisys Corporation uncertainty on Wall Street typically converts to cluding: (a) the urgency for the Department of in affiliation with the Science Learning Net- financial disaster. The order that is now being Homeland Security to issue a regulation gov- work. The competition allows students to learn written at the FCC will consist of several hun- erning a standardized ‘‘smart’’ common Trans- about science and technology while raising dred pages of regulatory detail. And as we portation Worker Identification Credential; (b) public awareness of the need for improved know when dealing with the Federal bureauc- the need for some standardization of security science education while fostering relationships racy, the devil is most definitely in the detail. requirements for each U.S. port, each facility between community museums and local stu- I urge the Commission and its staff to finish its in a U.S. port, and each vessel entering a dents. Each group of students entering the work on the Triennial Review order as quickly U.S. port; and, (c) the need for an additional competition is partnered with a local museum as possible so we can begin the tedious legal significant Federal investment in port security. to conduct scientific experiments and create a process of examining these details. Let us not Currently, the U.S. Customs Bureau collects Web site. forget that the jobs of thousands of hard work- $15.6 billion in duties on commodities entering The team from Franklin High School ex- ing men and women, and the renewed health the U.S. through marine transportation. My bill plored flight through several projects—from of our Nation’s economy, are at stake. directs a portion of these duties toward port participating in a teleconference with NASA’s f security enhancements. In addition, my bill Johnson Space Center to conducting a glider sets deadlines for issuance of regulations gov- design competition. The gliders were built with PORT SECURITY IMPROVEMENTS erning transportation security cards, and re- the help of software which allowed the stu- ACT OF 2003 quires regulations that include a national min- dents to adjust wing length, angle, nose imum set of standard security requirements for weight, and a variety of other factors on a ‘‘vir- HON. DOUG OSE ports, facilities, and vessels. tual glider’’ to see which designs would fly. OF CALIFORNIA To understand the logic for dedicating a por- Their efforts were shared via the Internet with IN THE HOUSE OF REPRESENTATIVES tion of Customs duties, let’s look at the Port of students and teachers from across the coun- Wednesday, May 21, 2003 Los Angeles. It is the busiest port in the U.S. try. and the seventh busiest in the world. It en- Fifty-one students from Franklin High School Mr. OSE. Mr. Speaker, today, I rise to intro- compasses 7,500 acres. In 2002, Custom du- participated in this competition: Alisa Bayona, duce a bill entitled the ‘‘Port Security Improve- ties collected in this port accounted for 32 per- Camille Buckles, Ryan Buckmier, Carlos ments Act of 2003.’’ I am pleased to have five cent of all Customs duties collected in all U.S. Camargo-Ciriaco, Trisha Cates, Dara Chan, other original co-sponsors of this bi-partisan seaports. However, since passage of the Mari- Sarah Combs, Dustin Conant, Miguel Couto, legislation, including: JOHN TIERNEY, who is time Transportation Security Act, this port has Itzia De Anda, David Galloni, Suzanne Han- the Ranking Member of the Government Re- only received a small fraction of what it needs sen, Brandon Harris, Jack Healy, Yadira Her- form Subcommittee which I chair; BILL for port security enhancements and a substan- rera, Kenneth Hughes, Josh Kizaway, Melissa JANKLOW, who is the Vice Chairman of my tially inadequate share of the funding distrib- Larkin, Brandon Lewis, Jesse Mckenzie, Josh- Subcommittee; and JANE HARMAN, who ably uted to date relative to its importance in the ua Pangelinan, Ben Pharis, Kendall Stout, represents the Port of Los Angeles. commerce of this country. Jessica Strom, Ryan Waltz, Jason Yu, Tim The tragic events of September 11, 2001 Since America’s ports are crucial to our eco- Crowell, Angelina Dudley, Donald Fitzjarrell, shook the confidence of the U.S. government nomic well being, it is essential that we find Candyce Harris, Sean Johnson, Kashius and its citizens in the Nation’s security. On the right balance between increasing port se- Lewis, Ryan Nate Lewis, Kandie Madden, November 19, 2001, the President signed the curity while not impeding the flow of com- Ryan Manansala, Bnttni Mccomb, Will Mullen, Aviation and Transportation Security Act. This merce and trade. As a Republican, I am sen- Jackie Myers, Mike Owens, Ben Pharis, Lynea law established ‘‘emergency procedures’’ for sitive to the costs of excessive government Price, Whitney Ramirez, Jessica Reitan, Sara the Federal Government to issue interim final regulation. But, in a post September 11th Ruecker, Oleg Shcherbina, Austin Stoner, regulations without the usual opportunity for world, I realize that we must take additional Efrain Tapia, Lisa Trump, Chris Wiseman, public notice and comment, as provided in the precautions to protect our fellow citizens and Jasmine Woodfork-Moore, Liliya Zaytseva. Administrative Procedure Act. To ensure Con- our economy. We need to make sure that our gressional and public input into the regulatory f ports are safe. I am not convinced that they decisionmaking process, the Government Re- are safe today. TRIENNIAL REVIEW form Subcommittee on Energy Policy, Natural The Port Security Improvements Act will en- Resources and Regulatory Affairs, which I sure that America’s ports receive the security HON. BOBBY L. RUSH chair, held a November 27th hearing entitled upgrades they need. This legislation links cus- OF ILLINOIS ‘‘What Regulations are Needed to Ensure Air toms duties collected in our ports to invest- IN THE HOUSE OF REPRESENTATIVES Security?’’ ments in greater security at these ports. All of Congress then turned its attention to port Wednesday, May 21, 2003 us recognize the tremendous importance that security. On November 25, 2002, the Presi- international trade plays in our economy. Mr. RUSH. Mr. Speaker, yesterday marked dent signed the Maritime Transportation Secu- f the third month anniversary since the Federal rity Act. This law similarly provided for some communications Commission, FCC, voted to interim final regulations without any public no- RECENT COURT DECISIONS IN approve its controversial Triennial Review de- tice and comment but did not establish dead- GUATEMALA SERIOUSLY UNDER- cision and still no written order has been lines for their issuance. To provide Congres- MINE HUMAN RIGHTS issued by the Commission. I think many of us sional and public input into the regulatory in this Chamber find it incredible that our decisonmaking process, my Subcommittee HON. TOM LANTOS troops invaded Iraq and ousted Saddam Hus- held an April 24, 2003, hearing entitled ‘‘What OF CALIFORNIA sein in less time than it takes for the FCC to Regulations are Needed to Ensure Port Secu- IN THE HOUSE OF REPRESENTATIVES write an order on which it has already agreed. rity?’’ This delay leaves an important segment of our The U.S. maritime system includes more Wednesday, May 21, 2003 economy and its employees in legal and eco- than 300 ports with more than 3,700 cargo Mr. LANTOS. Mr. Speaker, I was deeply nomic limbo. and passenger terminals. The vast maritime disturbed to learn that an appeals court in

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0626 Sfmt 9920 E:\CR\FM\A21MY8.041 E21PT1 E1042 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 Guatemala decided last week to overturn the people are allowed to participate in the World service to this chamber and to the people of conviction of Colonel Juan Valencia Osorio, Health Organization’s efforts to counteract this Texas. The 19th Congressional District of the man convicted by a lower court of being contagion. This can be achieved by granting Texas has been diligently represented by Con- the ‘‘intellectual author’’ of the murder of Taiwan observer status in the WHO. gressman COMBEST for over eighteen years Myrna Mack, a well-known Guatemalan an- Taiwan and President Chen have been since his initial election to Congress in 1984. thropologist. Before her murder on September great allies and friends to the American peo- LARRY’s greatest accomplishments came dur- 11, 1990, Myrna Mack had been conducting ple. I congratulate the people of Taiwan and ing his reign as Chairman of the House Agri- research on the massive displacement and President Chen on their many achievements. culture Committee. Under the leadership of destruction of rural indigenous communities f Chairman COMBEST, the Agriculture Com- which resulted from the Guatemalan military’s mittee completed years of work in passing the MISUNDERSTANDING IN THE counterinsurgency tactics and ‘‘scorched Farm Bill that President George W. Bush MATTER OF A CO-SPONSORSHIP earth’’ policies that they employed during that signed into law last year. country’s 36-year-old civil war. Prior to being elected to the House of Rep- The appellate court also upheld the acquit- HON. SCOTT McINNIS resentatives, LARRY was no stranger to Capitol tals of General Augosto Godoy Gaita´n and OF COLORADO Hill. He served as a legislative assistant to Colonel Juan Guillermo Oliva Carrera, who IN THE HOUSE OF REPRESENTATIVES Senator John Tower of Texas from 1971 to were accused of having masterminded, along Wednesday, May 21, 2003 1978. with Colonel Valencia, the assassination of Mr. MCINNIS. Mr. Speaker, I would like to I’ve had the privilege of working alongside Myrna Mack. Thus, as a result of the appellate correct a mistake for the record regarding a LARRY since I came to this body in 1997. I court’s decision, the intellectual authors of Member listed as an original co-sponsor on have come to know LARRY to be not only a Myrna Mack’s murder remain at large thirteen my bill, H.R. 1904. The gentleman from Vir- hard-working colleague, but also a wonderful years after the killing, and justice continues to ginia, Mr. SCOTT, was mistakenly added as an friend, He and his lovely wife Sharon will be be denied to her family and friends. original co-sponsor to my bill, although he did greatly missed around these halls. Mr. Speaker, this is a matter of special con- not ask to be a co-sponsor of this bill. Yester- I would also like to take this opportunity to cern because of the fact that the officers who day, I made a unanimous consent requested thank the very capable and intelligent staff of were just acquitted were members of the to remove him as a co-sponsor, but the re- Congressman COMBEST. Among the staff, Presidential Security Guard (Estado Mayor quest could not be granted because the report Congressman COMBEST’s Senior Legislative Presidencial—EMP), a unit originally created on H.R. 1904 had already been filed. I thank Assistant, Taylor Bledsoe, will also shortly be to provide security for Guatemala’s president, Mr. SCOTT for his understanding in this matter. leaving the Hill. Taylor has been a great asset OMBEST vice-president, and their respective families. f to Congressman C , and is a good Since its establishment, however, the EMP friend. I wish Taylor and his wife Jen all the has been repeatedly implicated in some of RUNAWAY, HOMELESS, AND MISS- best for their move back to the Lone Star Guatemala’s most high-profile human rights ING CHILDREN PROTECTION ACT State. abuses, including the 1998 murder of Bishop LARRY leaves behind Texas-sized shoes for Juan Gerardi. It is important to note that Gen- HON. SILVESTRE REYES his successor to fill. I wish LARRY and his fam- eral Godoy and Colonels Oliva and Valencia OF TEXAS ily well. Thank you LARRY for your service to served as high-ranking officials in the EMP at IN THE HOUSE OF REPRESENTATIVES Texas and to the nation. the time of Bishop Gerardi’s assassination. Wednesday, May 21, 2003 f It is my sincere hope, Mr. Speaker, that Mr. REYES. Mr. Speaker, I am proud to rise Guatemalan authorities will vigorously pursue CELEBRATING THE 325TH ANNI- in support of H.R. 1925, the Runaway, Home- justice in Myrna Mack’s case, wherever it may VERSARY OF THE FOUNDING OF less and Missing Children Protection Act. This lead, and I applaud key U.S. officials for con- NEW PALTZ, NEW YORK measure reauthorizes both the Runaway and tinuing to urge strongly that the Guatemalan Homeless Youth Program and the Missing government strengthen the rule of law in that HON. MAURICE D. HINCHEY Children’s Assistance Act. This bill will also in- country and strip high-ranking military officers OF NEW YORK crease the funding levels for these programs of the impunity that they apparently now enjoy. IN THE HOUSE OF REPRESENTATIVES through 2008. f In addition, this bill increases the funding Wednesday, May 21, 2003 CONGRATULATING PRESIDENT level for the National Center for Missing and Mr. HINCHEY. Mr. Speaker, I rise today to CHEN SHUI-BIAN OF TAIWAN Exploited Children. This bill will double the pay tribute to the community of New Paltz in funding level from $10 million to $20 million Ulster County, New York, which is part of the over the next four years. 22nd Congressional District that I proudly HON. MAURICE D. HINCHEY As you may know, Mr. Speaker, I along with OF NEW YORK serve. This year marks the 325th Anniversary my colleague from Texas, Mr. LAMPSON and IN THE HOUSE OF REPRESENTATIVES of the founding of New Paltz, as well as the other Members, founded the Missing and Ex- 175th Anniversary of the founding of the Col- Wednesday, May 21, 2003 ploited Children’s Caucus. The Caucus was lege of New Paltz. I am delighted to recognize Mr. HINCHEY. Mr. Speaker, I rise today to created to build awareness around the issue this community’s rich historical heritage and honor President Chen Shui-Bian of Taiwan as of missing and exploited children for the pur- continued vitality, as the Town of New Paltz he celebrates three years in office. pose of finding children who are currently and State University of New York (SUNY) at For more than fifty years the United States missing and to prevent future abductions. New Paltz mark these important milestones. and Taiwan have had a valued cross-pacific I applaud the efforts of the National Center New Paltz was founded in 1678 by Hugue- relationship. One million Americans of Tai- for Missing and Exploited Children and of the not families who were seeking refuge from se- wanese descent live in the United States and Caucus under the chairmanship of Represent- vere religious persecution in France. The com- twenty nine thousand Taiwanese students at- ative NICK LAMPSON. I would urge my col- munity was self-governed by the Duzine, refer- tend American universities. leagues to support this legislation and I yield ring to the twelve partners who acquired the Taiwan and the US share close economic back the balance of my time. royal land patent in 1677 on more than 33,000 ties. In the last half century, Taiwan has grown f acres purchased from local Native Americans. to become our seventh largest trading partner. TRIBUTE TO THE HONORABLE The Duzine decided local matters and con- Taiwan, however, is more than an economic LARRY COMBEST sisted of one representative from each of the ally. It has offered unwavering support in our original families. That form of government con- efforts to confront terrorism. Taiwan’s demo- SPEECH OF tinued well past the time of the American Rev- cratic success is also clear. It heeds its peo- HON. PETE SESSIONS olution, by special action of the New York ple’s choice and turns over power after elec- State Legislature. New Paltz was dominated OF TEXAS tions. It allows and encourages its people to for more than 150 years by the founding part- IN THE HOUSE OF REPRESENTATIVES participate in deliberations on their country’s ners and their heirs, whose family names can future. Monday, May 19, 2003 still be found today in the area. In the wake of the SARS outbreak, it is im- Mr. SESSIONS. Mr. Speaker, I rise today to The lands encompassed in the original pat- perative that Taiwan’s twenty three million honor Congressman LARRY COMBEST for his ent, stretching all the way from the

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0626 Sfmt 9920 E:\CR\FM\K21MY8.001 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1043 Shawangunk Mountains to the Hudson River, ENHANCING COOPERATION AND On May 1, our commander in chief stood on were augmented soon by additional patents to SHARING OF RESOURCES BE- the flight deck of the USS Abraham Lin- coln—where he rightly should stand—and re- the south. These lands were eventually di- TWEEN DEPARTMENT OF VET- ERANS AFFAIRS AND DOD iterated the Bush doctrine: ‘‘Any person in- vided among the twelve partners, their rel- volved in committing or planning terrorist attacks against the American people be- atives, and a few friends into large plots—part SPEECH OF wilderness and part farm. The farms were comes an enemy of this country, and a tar- grouped principally around the heights west HON. SILVESTRE REYES get of American justice.’’ As if in response, OF TEXAS Ayatollah Ahmad Jannati, the leader of and east of the Wallkill River. Iran’s powerful Guardian Council, had this to IN THE HOUSE OF REPRESENTATIVES The area’s commercial center was located say in a sermon the next day: ‘‘The Iraqi Tuesday, May 20, 2003 on the east shore of the Wallkill River, where people have reached the conclusion that they have no option but to launch an uprising and the Huguenots built wooden homes and later, Mr. REYES. Mr. Speaker, I rise in support of H.R. 1911. This bill authorizes the Depart- resort to martyrdom operations to expel the stone houses. These houses were located on United States from Iraq.’’ what is now known as Huguenot Street, the ment of Defense (DOD) and the Department Impervious to the new order against ter- oldest continuously inhabited street in Amer- of Veterans Affairs (VA) to investigate ways to rorism are the terrorists who maintain their share resources to improve benefits and serv- ica. Many of the seventeenth century stone regime in Tehran. While the horrific bomb- ices, including health care, to veterans, serv- ing scenes were still smoldering and littered buildings still stand today and have been pre- ice members, military retirees and their fami- with their victims in Riyadh, Iranian Presi- served as a museum community. The Hugue- lies. dent Mohammad Khatami received a rousing not Street Historic District has also been des- As many of you may have read in the Na- welcome in Beirut, where he vowed to sup- ignated a National Historical Landmark. tional Journal article of February 15, 2003, the port ‘‘resistance’’ against Israel and called relationship between William Beaumont Army the U.S. occupation of Iraq a ‘‘great mis- The population of New Paltz gradually in- take’’ and a ‘‘dangerous game.’’ Meanwhile, creased and moved up from the Wallkill River Medical Center (WBAMC) and the VA out- Mr. Khatami’s atomic-energy chief denied to what is now Main Street and beyond. Areas patient clinic in my home district of El Paso, that Iran had a nuclear weapons program but Texas is an excellent example of resource that are now incorporated into the nearby told the U.N. that his country was not will- sharing. For years, a veteran in El Paso who ing to submit to tougher inspections. towns of Lloyd, Shawangunk, Esopus and needed specialized care had to be referred to Make no mistake, Iran’s terrorist leaders Gardiner split off from the Town of New Paltz the nearest full-service VA hospital, which are well versed in ‘‘martyrdom operations’’ between 1843 and 1853. The Village of New happened to be a four hour drive away in Al- against Americans. Hezbollah, the exclusive Paltz was incorporated within the town in buquerque, New Mexico. Today, a veteran terrorist agent of the Islamic Republic of 1887. For 200 years after its settlement, New Iran, has killed more Americans than any can literally go next door to WBAMC. There, other group besides al Qaeda. In 1982, Paltz remained a small, isolated farming com- the VA is given access to expensive expertise Hezbollah carried out the suicide bombing in munity. Farming, particularly of apples, is still and equipment, such as pathologists and MRI Beirut that killed 241 U.S. Marines. In 1985, one of New Paltz’s largest businesses. scans, and in return the VA reimburses the Hezbollah brutally murdered a young U.S. Navy diver aboard their hijacked TWA New Paltz farmers looked early on to sur- Army nearly $5 million a year, well below the going rate for the medical care in the private Flight 847 in Lebanon and dumped his body rounding communities and even to New York sector. on the tarmac. Into the 1990s Hezbollah ter- City for markets. Establishment of the Wallkill I have urged both the DOD and the VA to rorists kidnapped, tortured and murdered Valley Railroad in 1870 gave a great boost to build on our success story in El Paso and use several American military and civilian offi- their commercial efforts. After fifty years or so, cers as well as other Westerners. this cooperation as a nationwide model. I hope On June 25, 1996, Iran again attacked the automobile began to replace the train, and my colleagues will join me in support of H.R. America at Dhahran, Saudi Arabia, explod- finally, in the early 1950’s, the opening of the 1911. I yield back the balance of my time. ing a huge truck bomb that devastated New York State Thruway with an exit for New f Khobar Towers and murdered 19 U.S. airmen Paltz made this community much more acces- as they rested in their dormitory. These BOMBING IN RIYADH sible, leading to substantial growth in the town young heroes spent every day risking their lives enforcing the no-fly zone over southern and at the University. HON. MICHAEL G. OXLEY Iraq; that is, protecting Iraqi Shiites from their own murderous tyrant. When I visited Higher education has long been one of the OF OHIO main concerns of the community, especially this horrific scene soon after the attack, I IN THE HOUSE OF REPRESENTATIVES watched dozens of dedicated FBI agents since 1828 when the New Paltz Classical Wednesday, May 21, 2003 combing through the wreckage in 120-degree School was established and, shortly thereafter, Mr. OXLEY. Mr. Speaker, as the investiga- heat, reverently handling the human re- became the New Paltz Academy. This Acad- mains of our brave young men. More than 400 tion into the horrible bombing in Riyadh con- emy slowly metamorphosed into the State Uni- of our Air Force men and women were tinues, I would commend to my colleagues’ at- versity of New York (SUNY) at New Paltz, wounded in this well-planned attack, and I tention a column in the Wall Street Journal was humbled by their courage and spirit. I which continues to offer high quality education written by former FBI Director Louis Freeh later met with the families of our lost to thousands of undergraduate and graduate about the 1996 bombing of the Khobar Towers Khobar heroes and promised that we would students each year. I would like to note I am complex in Saudi Arabia. It contains valuable do whatever was necessary to bring these a proud alumnus of SUNY New Paltz. I would lessons that should be applied to the probe of terrorists to American justice. The courage also like to mention that SUNY’s library is this latest attack. Cooperation between the and dignity these wonderful families have consistently exemplified has been one of the named after one of Ulster County’s most fa- U.S. and Saudi Arabia will be essential, as will most powerful experiences of my 26 years of mous residents, Sojourner Truth, the aboli- the resolve that we have seen on the part of public service. tionist and champion for women’s suffrage, President Bush to bring terrorists to justice. As The FBI’s investigation of the Khobar at- who lived in and around New Paltz for part of the article also demonstrates, the FBI needs tack was extraordinarily persistent, indeed her life. our support for its critical mission of inves- relentless. Our fallen heroes and their fami- tigating and preventing terrorism in the U.S. lies deserve nothing less. Working in close Over many generations, New Paltz’s popu- and around the world. cooperation with the White House, State De- lation has been enriched with a variety of [From the Wall Street Journal, May 20, 2003] partment, CIA and Department of Defense, I made a series of trips to Saudi Arabia begin- races, faiths and ethnic backgrounds. New AMERICAN JUSTICE FOR OUR KHOBAR HEROES Paltz continues to uphold its long-held tradi- ning in 1996. FBI agents opened an office in (By Louis J. Freeh) Riyadh and aligned themselves closely with tions of respect for diversity and civic involve- Responding to last week’s terrorist attacks the Mabaheth, the kingdom’s antiterrorist ment, while actively working to preserve its in Riyadh, President Bush declared that ‘‘the police. Over the course of our investigation historic, cultural and scenic resources. Mr. United States will find the killers, and they the evidence became clear that while the at- Speaker, it gives me great pleasure to recog- will learn the meaning of American justice.’’ tack was staged by Saudi Hezbollah mem- nize and honor New Paltz as this community This is a president who is serious about bers, the entire operation was planned, fund- fighting and winning the war on terrorism. ed and coordinated by Iran’s security serv- prepares to celebrate the 325th Anniversary of The liberation of Iraq and the continued ef- ices, the IRGC and MOIS, acting on orders its founding and the 175th Anniversary of the fort to bring al Qaeda to justice are all the from the highest levels of the regime in founding of the College of New Paltz. proof anyone should need. Tehran.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0626 Sfmt 9920 E:\CR\FM\K21MY8.004 E21PT1 E1044 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 2003 In order to return an indictment and bring Hezbollah terrorists for the Khobar attack cerns about the pause in peace negotiations these terrorists to American justice, it be- and identified Iran as the sponsor. between the Sri Lankan government and the Nonetheless, the terrorists who murdered came essential that FBI agents be permitted Liberation Tigers of Tamil Eelam (LTTE), also to interview several of the participating 19 U.S. airmen and wounded hundreds more Hezbollah terrorists who were detained in have yet to be brought to American justice. known as the Tamil Tigers. I would also like Saudi Arabia. The purpose of the interviews Whenever U.S. diplomats hold talks with to reiterate my full support for peace talks be- was to confirm—with usable, co-conspirator representatives of Iran’s Islamic govern- tween both sides to resume. ment, Khobar Towers should be the top item testimonial evidence—the Iranian com- Mr. Speaker, Sri Lanka is a country that has plicity that Saudi Ambassador Prince Ban- on their agenda. The arrest and turnover to dar bin Sultan and the Mabaheth had al- U.S. authorities of Ahman Ibrahim Al- suffered the tremendous loss of nearly 65,000 ready relayed to us. (For the record, the Mughassil and Ali Saed bin Ali Al-Houri, two lives due to a longstanding internal conflict be- FBI’s investigation only succeeded because of the indicted Hezbollah leaders of the tween Sri Lankans and the LTTE. On Feb- of the real cooperation provided by Prince Khobar attack believed to be in Iran, should ruary 22, 2002, a groundbreaking ceasefire Bandar and our colleagues in the Mabaheth.) be part of any ‘‘normalization’’ discussion. agreement was brokered by the Norwegian Furthermore, access and accountability by FBI agents had never before been permitted government and signed by both the Sri to interview first-hand Saudis detained in IRGC, MOIS and other senior Iranian govern- the kingdom. ment leaders for their complicity in the at- Lankan government and the LTTE. At that Unfortunately, the White House was un- tack should be nonnegotiable. time, we all wished for a successful peace able or unwilling to help the FBI gain access Before his appointment as the top U.S. ad- process and both sides were committed to to these critical witnesses. The only direc- ministrator in Iraq, L. Paul Bremer chaired working towards the end goal of peace. tion from the Clinton administration regard- the National Commission on Terrorism, ing Iran was to order the FBI to stop which studied the Khobar attack. The com- Although the agreement was fairly struc- photographing and fingerprinting official mission concluded that ‘‘Iran remains the tured, a peace process can only proceed Iranian delegations entering the U.S. be- most active state supporter of terrorism. when all parties act on good faith and adhere cause it was adversely impacting our ‘‘rela- . . . The IRBC and MOIS have continued to to the agreed ceasefire accord. Unfortunately, tionship’’ with Tehran. We had argued that be involved in the planning and execution of terrorist acts. They also provide funding, the LTTE has recently withdrawn from the the MOIS was using these groups to infil- peace process and is boycotting the continued trate its agents into the U.S. training, weapons, logistical resources, and After months of inaction, I finally turned guidance to a variety of terrorist groups, in- peace talks to be held in June in Japan at the to the former President Bush, who imme- cluding Hezbollah, Hamas, PIJ, and PFLP– Tokyo Donor Conference. GC.’’ The commission noted that ‘‘in October diately interceded with Crown Prince Mr. Speaker, the LTTE has said they will Abdullah on the FBI’s behalf. Mr. Bush per- 1999, President Clinton officially requested not participate in the Tokyo Donor Conference sonally asked the Saudis to let the FBI do cooperation [a letter delivered through a one-on-one interviews of the detained third-party government] from Iran in the in- in protest over their exclusion from the prelimi- Khobar bombers. The Saudis immediately vestigation [of the Khobar bombing]. Thus nary conference held in Washington in April. acceded. After Mr. Bush’s Saturday meeting far, Iran has not responded. International The U.S. State Department did not invite the with the Crown Prince in Washington, Am- pressure in the Pan Am 103 case ultimately succeeded in getting some degree of coopera- LTTE to the preliminary conference in Wash- bassador Wyche Fowler, Dale Watson, the tion from Libya. The United States govern- ington due to the fact that they remain on the FBI’s excellent counterterrorism chief, and I ment has not sought similar multilateral ac- State Department list of terrorist organizations. were summoned to a Monday meeting where tion to bring pressure on Iran to cooperate in the crown prince directed that the FBI be Mr. Speaker, both sides claim violations of the Khobar Towers bombing investigation.’’ given direct access to the Saudi detainees. One of my last official acts as FBI director the ceasefire agreement. According to Sri This was the investigative breakthrough for was to attend a memorial service at Arling- Lanka Monitoring Mission (SLMM), many vio- which we had been waiting for several years. ton National Cemetery with the 19 stoic Air lations have been made by the LTTE since Mr. Bush typically disclaimed any credit Force families with whom I had become very for his critical intervention but he earned the cease-fire agreement. For example, the close. They all came to my office to thank the gratitude of many FBI agents and the LTTE is still recruiting child soldiers, the LTTE the FBI for keeping faith with them and pre- Khobar families. I quickly dispatched the sented me with a signed plaque. It will al- has attacked the Sri Lankan Navy and a Chi- FBI case agents back to Saudi Arabia, where ways be for me the most cherished honor of nese trawler, and the LTTE actively attempts they interviewed, one-on-one, six of the my public service. to import arms, which have subsequently been Hezbollah members who actually carried out Yesterday the White House reiterated De- intercepted by the Sri Lankan Navy. the attack. All of them directly implicated fense Secretary Donald Rumsfeld’s recent the IRGC, MOIS and senior Iranian govern- statement that al Qaeda leaders are now con- The LTTE rebels also criticized the Sri ment officials in the planning and execution ducting their operations from Iran. The time Lankan military for its continued occupation of of this attack. Armed with this evidence, the to bring that pressure to bear is right now, Tamil homes, schools, places of worship and FBI recommended a criminal indictment with Ambassador Bremer and our armed other public buildings in violation of the that would identify Iran as the sponsor of forces bringing democracy and justice to the ceasefire agreement. the Khobar bombing. Finding a problem for Iraqi people next door. This time the United every solution, the Clinton administration States should not just send Tehran a letter. I feel strongly that if the LTTE returns to the refused to support a prosecution. American justice for our 19 Khobar heroes is peace talks and participates in the Tokyo The prosecution and criminal indictment long overdue. Donor Conference, a peaceful resolution be- for these murders had to wait for a new ad- tween both sides can be worked out. The ministration. In February 2001, working with f United States and countries around the world exactly the same evidence but with a tal- PEACE IN SRI LANKA ented new prosecutor, James B. Comey Jr. are concerned and would like to see the long (now U.S. attorney for the Southern District process of building peace in Sri Lanka con- of New York), Attorney General John HON. FRANK PALLONE, JR. tinue on a timely basis. Ashcroft’s personal intervention, and White OF NEW JERSEY Mr. Speaker, the signed ceasefire offers a House support, the case was presented to a IN THE HOUSE OF REPRESENTATIVES window of opportunity for peace in Sri Lanka grand jury. On June 21, 2001, only four days Wednesday, May 21, 2003 before some of the terrorist charges would and I encourage the LTTE to recognize and have become barred by the five-year statute Mr. PALLONE. Mr. Speaker, I rise on the utilize this unique opportunity for working to- of limitations, the grand jury indicted 13 House floor this evening to express my con- wards peace and stability.

VerDate Jan 31 2003 05:03 May 22, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0626 Sfmt 0634 E:\CR\FM\A21MY8.048 E21PT1 May 21, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1045 SENATE COMMITTEE MEETINGS JUNE 4 tween an Alaska Native Village Cor- 9:30 a.m. poration and the Department of the In- Title IV of Senate Resolution 4, Foreign Relations terior. agreed to by the Senate on February 4, To hold hearings to examine Iraq sta- SD–366 1977, calls for establishment of a sys- bilization and reconstruction, focusing 2 p.m. tem for a computerized schedule of all on international contributions and re- Indian Affairs meetings and hearings of Senate com- sources. To hold oversighyt hearings to examine mittees, subcommittees, joint commit- SD–419 the impacts on tribal fish and wildlife tees, and committees of conference. 10 a.m. management programs in the Pacific Indian Affairs Northwest. This title requires all such committees To hold hearings to examine S. 281, to SR–485 to notify the Office of the Senate Daily amend the Transportation Equity Act JUNE 5 Digest—designated by the Rules com- for the 21st Century to make certain mittee—of the time, place, and purpose amendments with respect to Indian 9:30 a.m. of the meetings, when scheduled, and tribes, to provide for training and tech- Rules and Administration To hold hearings to examine Senate Rule any cancellations or changes in the nical assistance to Native Americans XXII and proposals to amend this rule. meetings as they occur. who are interested in commercial vehi- cle driving careers, and S. 725, to SR–301 As an additional procedure along amend the Transportation Equity Act JUNE 10 for the 21st Century to provide from with the computerization of this infor- 10 a.m. the Highway Trust Fund additional mation, the Office of the Senate Daily Health, Education, Labor, and Pensions funding for Indian reservation roads. Digest will prepare this information for To hold hearings to examine the Head SR–485 printing in the Extensions of Remarks Start program. Energy and Natural Resources section of the CONGRESSIONAL RECORD Public Lands and Forests Subcommittee SD–430 on Monday and Wednesday of each To hold hearings to examine S. 391, to JUNE 11 week. enhance ecosystem protection and the 10 a.m. Meetings scheduled for Thursday, range of outdoor opportunities pro- Indian Affairs May 22, 2003 may be found in the Daily tected by statute in the Skykomish To hold hearings to examine the nomina- River valley of the State of Wash- Digest of today’s RECORD. tion of Charles W. Grim, of Oklahoma, ington by designating certain lower- to be Director of the Indian Health elevation Federal lands as wilderness, Service, Department of Health and MEETINGS SCHEDULED S. 1003, to clarify the intent of Con- Human Services. gress with respect to the continued use SR–485 JUNE 3 of established commercial outfitter 10 a.m. hunting camps on the Salmon River, JUNE 18 Indian Affairs H.R. 417, to revoke a Public Land Order 10 a.m. To hold oversight hearings to examine with respect to certain lands erro- Indian Affairs the status of tribal fish and wildlife neously included in the Cibola National To hold oversight hearings to examine management programs. Wildlife Refuge, California, and S. 924, Native American sacred places. SR–485 to authorize the exchange of lands be- SR–485

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