Ernie Fletcher

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, I yield 3 minutes to the gentleman from North Carolina (Mr. Ballenger).

Mr. FLETCHER. Mr. Speaker, I yield such time as he may consume to the gentleman from Georgia (Mr. Isakson).

Mr. FLETCHER. Mr. Speaker, I yield 2 minutes to the gentleman from Indiana (Mr. Souder). (Mr. SOUDER asked and was given permission to revise and extend his remarks.)

Mr. FLETCHER. Mr. Speaker, I yield myself such time as I may consume. As we come to the close of this debate on the substitute, certainly we appreciate the work of the gentleman from New Jersey and the, I think, attempt to certainly make sure that we protect workers as they get advice on their investments. As we have seen over the last number of years, and as I recall owning a business and providing retirement plans for my employees, there has been a substantial shift from what we call defined benefits to defined contributions, to the 401(k)s and 403(b)s and other such accounts. It becomes imperative with that shift that we allow advice to be made to the employees and that we do it in such a way where it is efficient, where it does not drive up the administrative cost, and where the employees can be assured that there is the appropriate accountability. The gentleman from Ohio (Mr. Boehner), the chairman of this committee, has worked for over 6 years; and I think he has put together an excellent, balanced bill which meets those requirements. It certainly provides an ability for employers to continue to offer good retirement plans of the defined contribution sort. It also provides the ability for them to offer advice so that their employees can make the best investment and have the most money when they retire at the end of their work livelihood. It additionally provides for great accountability. There is a disclosure that must be made if there are conflicts of interest. I think the difference we see between these two bills is the balance, of how much are we going to go toward trying to, what I would say build a box that is padded so no one gets themselves bruised. In a world where we have freedom here, people are going to make mistakes. That is part of what freedom is about. How much are we going to restrict that freedom in order to try to make sure that we protect individuals? There needs to be a balance that is struck, and I think the substitute goes too far. It does not allow the freedom that will encourage businesses to offer the kind of advice that is needed. It will restrict in the long run the ability, and there are differences in the liability sections, there are some very vague portions here where the liability not only to the fiduciary advisor but, as it says on page 33, or any other party with respect to whom a material affiliation or contractual relationship of the fiduciary advisor resulted in a violation of that section, certainly that could include, in the vagueness of it, the employer and possibly any other person. So I think it does open up a substantial liability and some vagueness which makes that liability unpredictable. The bill we are looking at, the base bill, has strong accountability. When you talk about getting advice from someone, I was even thinking that all the advice that we get in whatever purchases we make, and I go back to the individual who offers me advice on buying suits, a guy named Harlan Logan. He is in Lexington, Kentucky. I know every suit I buy from Harlan Logan, he is going to make money. He should make money. He should be able to make a good, honest living for doing what he says. But that does not keep him from giving me good advice on what he is saying to me, and that is clearly disclosed. In the bill we have here, that conflict of interest, as you call it, is disclosed. It is disclosed at request. It is mandated to be disclosed on an annual basis initially and if there are any significant changes. I think the substitute bill here, the amendment, really impedes the ability of employers to do what the purpose of this bill intends to do and that is provide employees with good advice and to make sure that they have a good retirement plan. I would encourage Members to vote against that bill. Mr. Speaker, I yield the balance of my time to the gentleman from Ohio (Mr. Boehner).

Mr. FLETCHER. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, I rise today to honor Mr. Bradford L. Cowgill for his lifelong commitment and dedicated service to his hometown--Lexington, Kentucky. Brad, born to Sue Ann Bradford Cowgill and the late Ben L. Cowgill, attended Fayette County Public Schools, graduating from Henry Clay High School. He received his bachelor's degree in political science and economics from Vanderbilt University and returned to Lexington to receive his Juris Doctor degree from the University of Kentucky School of Law. While at UK, Brad founded and served as editor of the law school newspaper, Dicta, and was a member of the Moot Court Board. Following graduation, Brad joined the Lexington law firm of Brown, Sledd and McCann, where he became partner in 1982. In 1985, the firm merged with Wyatt, Tarrant & Combs. Currently, Brad's practice is concentrated in corporate matters and commercial litigation, with emphasis on construction-related claims and clients. He is a regular lecturer on construction law topics and is a member of the Forum Committee on the Construction Industry of the American Bar Association. Active in leadership positions in the Kentucky Bar Association, Brad is a former chairman of the Continuing Legal Education Commission and served as chairman of the 1990 Annual Meeting of Kentucky Attorneys. Brad's commitment to improving the Lexington community is demonstrated by mentioning the current activities in which he is involved. He currently serves as Chairman of the United Way of the Bluegrass, Chairman of the Lexington Community College council and the following boards: Governors Scholar Program, the Lexington YMCA, Bluegrass Tomorrow and the New Century Lexington Partnership. He has served as an executive committee member and general counsel to the Greater Lexington Chamber of Commerce and on the boards of Lexington United and the Better Business Bureau. He has also served for three years as board chairman of Saint Joseph Hospital. In 1993, Brad served as Council-Member-At-Large of the Lexington- Fayette Urban County Government by appointment of Mayor Pam Miller. In 1994, he founded TEAM (Toward Efficiency in Administration and Management) Lexington, Inc., a non-profit organization that conducted a nine-month study of the personnel policies and practices of the Urban County Government. In 1995, Brad and others founded the New Century Lexington Partnership, which was a community-wide visioning and planning program undertaken by Lexington's major organizations and institutions. Brad has also served as Chairman of the Lexington-Fayette Historic Commission and of the Lexington Transit Authority. Brad's service not only includes a multitude of civic and government activities, he is committed to improving public education in Fayette County. He recently served on the Superintendent's Advisory and Key Communicators Committees for the Fayette County Public Schools. In 1992-93, Brad co-authored ComPEL IV, a Chamber of Commerce study of the Fayette County Public School administration. He has served on the Task Force on Excellence in the Fayette County Schools and is a 1980 and 1990 graduate of Leadership Lexington. Brad's accomplishments are shared with his wife, Margaret, and his three children: Bo, 20; Ben, 17; and Ann, 14. Central Kentucky is a better place because of Brad's active involvement in the Lexington community. His commitment to improving the lives of others around him is commendable. Today, Mr. Speaker, I salute and thank Mr. Bradford L. Cowgill for dedication to the Lexington community.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, on rollcall Nos. 429 and 430, I was inadvertently detained. Had I been present, I would have voted ``yea'' on both measures.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, The challenges this country has faced in recent months are unlike any in our history, and have called on all Americans to answer challenges they never expected to face. The GAO and its employees have performed above and beyond their mission, and deserve Congressional recognition. I encourage my colleagues to join me in applauding their efforts. The GAO website states that it ``exists to support the Congress in meeting its Constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds, evaluates federal programs and activities, and provides analyses, options, recommendations, and other assistance to help the Congress make effective oversight, policy, and funding decisions. In this context, GAO works to continuously improve the economy, efficiency, and effectiveness of the federal government through financial audits, program reviews and evaluations, analyses, legal opinions, investigations, and other services.'' The service the GAO and its employees have provided likely goes far beyond what was ever imagined by ``other services''. In these past few weeks, 130 Members of the House of Representatives, various House Committees and their staffs have been relocated from their offices in the Longworth House Office Building. In order to create space for these displaced Congressional offices, hundreds of GAO employees have been moved. In allowing Congressional staffs into their personal offices, these public servants have significantly inconvenienced themselves, sacrificing some of their personal space to further their commitment to good governance. My staff and I would especially like to thank Greg Carroll, Linda L. Harmon, Chet Janik, Patricia J. Manthe, Karia J. Springer-Hamilton, and William Updegraff. We sincerely appreciate what an inconvenience it is to not have access to your own office, and thank them for their efforts, and the efforts of all the GAO, to make us comfortable enough to continue to do our work for the American people. I would like to thank and publicly recognize the employees of the U.S. General Accounting Office who have been relocated in order to create office space for Congressional members and staff. My staff and I truly appreciate their efforts and are thankful for their dedication to this nation help.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, it has come to my attention that General John G. Coburn is retiring after 37 years of exemplary active military service in the United States Army. He served his country with dignity, honor, courage and integrity. General Coburn is a native of the great state of Kentucky and a distinguished military graduate of Eastern Michigan University where he was awarded a Bachelor of Arts degree in Education in 1962 from Eastern Michigan University and commissioned as a second lieutenant of Infantry. He earned a Master of Arts degree in Political Science and is a graduate of the Industrial College of Armed Forces, Fort McNair and Washington, D.C. General Coburn also has a Juris Doctor degree from the University of Missouri and is licensed to practice law before the Supreme Court, State of Michigan; Supreme Court, State of Kentucky; District of Columbia Court of Appeals; the United States Court of Military Appeals and the Supreme Court of the United States. General Coburn is a world-class logistician, who served our nation brilliantly in numerous logistics assignments throughout his career, to include his prior assignment as the Deputy Chief of Staff for Logistics, Department of Army from 1996 to 1999; Deputy Commanding General, AMC, Alexandria, Virginia and Commanding General, U.S. Army Ordnance Center and School, Aberdeen Proving Ground, Maryland. He was also the Deputy Chief of Staff for Logistics, U.S. Army Europe and Seventh Army, Germany from 1991 to 1992. Prior to that, he served as the Deputy Commanding General, 22d Theater Army Support Command, Saudi Arabia from April 1991 to July 1991, and as the Deputy Chief of Staff for Procurement, U.S. Army Materiel Command from 1989 to 1991. From the jungles of Vietnam to the Sands of Saudi Arabia, to the floors of our nation's depots, General Coburn brought astute judgment, bold leadership and selfless service to our Army. Other major command assignments of outstanding service include Commander of Materiel Readiness Support Activity, Lexington, Kentucky, from 1987 to 1989; Commander, Division Support Command, 2d Armored Division, Fort Hood, Texas, from 1984 to 1986; Commander, 124th Maintenance Battalion, 2d Armored Division, Fort Hood, Texas, from 1980 to 1982; Commander, Defense Contract Administration Services Management Area, Defense Logistics Agency, South Bend, Indiana, from 1978 to 1980; and Plant/Depot Commander, Taiwan Materiel Agency, AMC, Taiwan, from 1971 to 1973. After returning from Taiwan, General Coburn attended the U.S. Army Command and General Staff College, Fort Leavenworth, Kansas. General Coburn's staff assignments include: Assistant Chief of Staff, G-4 (Logistics), 2d Armored Division, from 1982 to 1983; Executive Officer, Battlefield Systems Directorate, Headquarters, AMC, from 1977 to 1978; Procurement Officer, Procurement and Production Directorate, Headquarters, AMC; Senior Advisor, Training and Personnel, U.S. Army Engineer District-Saudi Arabia, Riyadh, Saudi Arabia, from 1975 to 1977; Executive Officer, Defense Contract Administration Services Region, Defense Supply Agency, New York, NY, from 1968 to 1971; Assistant G-3 (Operations), II Field Force Vietnam, U.S. Army, Vietnam, from 1967 to 1968; and Special Weapons Platoon Leader, Savanna Army Depot, Illinois, from 1963 to 1964. General Coburn's military decorations include the Defense Distinguished Service Medal, the Distinguished Service Medal, Legion of Merit with three Oak Leaf Clusters, Bronze Star with two Oak Leaf Clusters, Defense Meritorious Service Medal, Meritorious Service Medal with four Oak Leaf Clusters, Joint Service Commendation Medal, Army Commendation Medal, the Southwest Asia Service Medal, and the Kuwait Liberation Medal. The General is concluding his illustrious career as the Commanding General of the U.S. Army Materiel Command (AMC) from May 1999 to October 2001. General Coburn's extraordinary leadership extended around the globe commanding one of the largest commands in the Army, with over 50,000 military and civilian employees, and activities in 42 states and over a dozen foreign countries. The AMC missions are intricate and complex, ranging from developing sophisticated weapons systems and cutting edge research to maintaining and distributing spare parts. It is the one place in the Army where technology, acquisition, and logistics are integrated to assure Army readiness. With General Coburn at the helm, AMC led the Army in sustaining the nation's defense industrial base with the right combination of maintenance depots, ordnance plants, arsenals and innovative industry partnerships. General Coburn is known as one of the foremost leaders in transforming the Army. His strategy in building AMC as the conduit for new technologies is making the Army more lethal, lighter and readily deployable thus setting the path for the future. Mr. Speaker, General Coburn deserves the thanks and praise of the nation that he faithfully served for so long. I know the Members of the House will join me in wishing him, his wife, Janice and their three sons, John, Robert and Matthew, all the best in the years ahead.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 204) expressing the sense of Congress regarding the establishment of National Character Counts Week.

Mr. FLETCHER. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the concurrent resolution now under consideration, H. Con. Res. 204.

Mr. FLETCHER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of House Concurrent Resolution 204, expressing the sense of Congress regarding the establishment of National Character Counts Week and would like to thank the gentleman from Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) for introducing this resolution and in their efforts regarding character education. With the growing concern for the safety of students and teachers, many have looked to character education in the schools as a solution. Making appropriate and good choices in life relies upon strong character, yet some children do not get much guidance or support for character development. Supporting the ethical, social and emotional development of children will help to create better schools and a more compassionate and responsible society. In the past, those who have helped parents reinforce the values of their children, neighbors, coaches, teachers, guidance counselors, and many others would not necessarily have recognized their role as a character educator. It was just something that friends and family did to foster a sense of community among its youngest members. Unfortunately, in an increasingly transient society, where both parents often work, this traditional model has been abandoned. As a result, it now seems that some children lack the basic values that would not only help them avoid such things as unwanted pregnancies, drugs, school violence, and alcohol problems, but also teach them the importance of being respectful and honest. Today, every teacher and every student can articulate the consequences of this neglect. The recent rash of school shootings is one example, but so is the low voter turnout among young people and their lack of involvement in community organizations. As a result, many Americans are looking to character education as one possible solution to the problems that plague our classrooms and our communities. Research indicates that character education can help improve behavior as well as academic achievement. A University of Illinois study of four schools using the ``Positive Action'' character development program found that the average number of incidents requiring disciplinary referral dropped by 74 percent after one year, and achievement scores improved by an average of 28 percentage points. Standardized test scores of students exposed to the ``Responsive Classroom'' program, which emphasizes good character, increased 22 percent on average, versus just three percent for students not participating in the program. A 1997 study demonstrated that students trained in ``Second Step,'' a character-based violence prevention program, used less physical aggression and engaged in more pro-social interactions than peers who were not exposed to the character curriculum. I applaud the efforts of President Bush to improve the academic achievement of our Nation's youth and his plan or improving our students' character. As Governor Bush noted in 1999, yes, we want our children to be smart and successful, but even more, we want them to be good and kind and decent. Yes, our children must learn how to make a living, but even more, they must learn how to live and what to love. ``Intelligence is not enough,'' said Martin Luther King, Jr. ``Intelligence plus character, that is a true goal of education.'' To continue the President's focus on character education, this resolution expresses the sense of Congress regarding the establishment of National Character Counts Week. This resolution is simple and straightforward. It expresses the sense of Congress that a National Character Counts Week should be established to promote character education; and, two, the President should issue a proclamation calling upon the people of the United States to embrace the elements of character identified by their local schools and communities, such as trustworthiness, respect, responsibility, fairness, caring, citizenship, and honesty; and observe such a week with appropriate ceremonies, programs, and activities. I urge all my colleagues to support House Concurrent Resolution 204. Mr. Speaker, I reserve the balance of my time.

Mr. FLETCHER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, let me just close before I yield back the remainder of my time. In light of the recent events, it seems even more appropriate to quote Dr. Martin Luther King. Let me read his quote. ``The function of education, therefore, is to teach one to think intensively and to think critically. But education which stops with efficiency may prove the greatest menace to society. The most dangerous criminal may be the man gifted with reason and no morals. We must remember that intelligence is not enough. Intelligence plus character, that is the goal of true education.''

Mr. FLETCHER. Mr. Speaker, I yield 4 minutes to the gentleman from Texas (Mr. Smith).

Mr. FLETCHER. Mr. Speaker, I have no further requests for time, and I yield back the remainder of my time.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, I rise to address this honorable body. Words fail to fully express our grief and fall short of describing our resolve as we respond to this act of barbary and violence against the free and innocent. Throughout our Nation's history, we along with the world watch and witness that during the darkest hours, America unites with exemplary character, strength and bravery. We witness a diverse Nation pulling together with tireless compassion towards those fallen, wounded and grieving. We also feel the swelling strength of a government, united to ensure that evil is answered with the goodness of justice so that freedom's peace and security prevail. Our prayers and resources are with all those grieving, and our gratitude and full support is with all of the men and women engaged in this unrelenting endeavor against the evil terror of those who harbor hate and violence. We reaffirm our unwavering support of President Bush and his able staff. We also extend our gratitude to NATO and other free and friendly nations who join us in our resolve to destroy not only the branches but the very roots of these intolerable acts of terror. Across from the battered walls of the Pentagon lay the graves of those who have given their all for freedom. By our resolve, we honor them, as well as all the fallen we now grieve, that none of these shall have died in vain; and that from their loss, we will once again have successfully defended freedom and justice, not only for our Nation but for the world. Mr. Speaker, we have witnessed an act of war, and we must now respond accordingly.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, I rise today to thank a dear friend and classmate, Reverend Roy Mays, for his beautifully insightful prayer opening today's session of the United States House of Representatives. Within the hallowed walls of this Chamber, my colleagues and I gather to attend to the business of this great Nation. Since the beginning of our democracy, we have begun each day's work petitioning our creator that we might know truth and have the wisdom and understanding to rightfully fulfill our duties. As Reverend Mays so eloquently stated in his prayer, our creator grants us grace and strength sufficient for our duties. Reverend Mays continues to be a beacon for everyone who has crossed paths with him or who has made his acquaintance, including people in over 40 States where Roy ministered as an evangelist, also among the students, faculty and administration whose lives he has touched during 12 years of service at Cincinnati Bible College and Seminary. For the past 16 years, Reverend Mays has blessed thousands through the congregation at Lexington's Southland Christian Church as the senior executive associate minister. Additionally, it is said that the character of a person is reflected in the countenance of one's spouse and children so it is with Roy and his lovely wife of 28 years, Beth, and his two children, Amanda and Ryan, who reflect the grace and peace engendered by mutual unconditional love. Even after being diagnosed with multiple myeloma cancer in 1999, Reverend Mays continues to touch the lives of those around him, refusing to allow his testimony to fade and his countenance to dim, even when struggling to overcome persistently failing health. He stands humbly but firm with God, and with God's help of peace and perseverance during the most trying times of life. Through this example, countless others have received hope. In this House, we pray alongside Reverend Roy Mays that we might be touched with both our Father's healing grace and dealing grace. We are inspired by Reverend Mays' unflagging faith and his steadfast confidence in God's plan for all. Mr. Speaker, it is with deep appreciation that I recognize Roy Mays, not only for his service to us here today, but also to countless others across our Nation.

Mr. FLETCHER

Mr. FLETCHER. Mr. Speaker, I thank the gentleman for yielding me time. We appreciate the work the gentleman has done, as well as the Committee on Rules, on putting together a fair rule, and a rule that is very timely. As a family physician, one of the things that you learn to recognize very early is that some things need to be done in a timely basis and other things can wait. This needs to be done, I think, in a basis that we can get this accomplished, because this has been debated for at least 6 years, even longer. I think the first Patients' Bill of Rights in this body was offered in 1991. Anyone, I say anyone and everyone who has been engaged in this debate, is familiar with all the language in all of these amendments. I woke up this morning and got over here to read the bill very early, it is 30 pages long, very easy to read, very understandable for those folks who have dealt with this issue for a long time. It is something not uncommon here. Five hours is plenty of time for folks to understand what this bill does. I commend the gentleman from Georgia (Mr. Norwood). He has been willing, and maybe let me say very willing, to finally say let us put patients above politics, let us break away, let us stop the logjam, let us get a bill that the President will sign. This rule allows the House to really express its will. We have an excellent opportunity to start with the base bill, that the other side prefers, and we allow for some amendments to that bill. The bill certainly ensures us of quality. We are going to have some access provisions, because I think there has been a flagrant disregard for the uninsured from the other side. We address that. But I think it is also important to realize that we do modify and reach a compromise on liability, so that HMOs are held accountable, but so that we do not allow frivolous lawsuits that drive up the cost and take money out of patient care and put it into personal injury lawyers' pockets. I encourage Members to support this rule, and I thank the Committee on Rules for an excellent job.

Mr. FLETCHER

Mr. FLETCHER. Mr. Chairman, I yield 2 minutes to the gentleman from Ohio (Mr. Boehner), Chairman of the Committee on Education and the Workforce.

Mr. FLETCHER. Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. Dooley), who has cosponsored the Small Business Fairness Act, which is the bill on association health plans.

Mr. FLETCHER. Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Armey), our majority leader.

Mr. FLETCHER. Mr. Chairman, I yield 30 seconds to the gentleman from Georgia (Mr. Isakson).

Mr. FLETCHER. Mr. Chairman, I yield 1 minute to the gentleman from Illinois (Mr. Phelps).

Mr. FLETCHER. Mr. Chairman, I yield 30 seconds to the gentleman from Illinois (Mr. Manzullo), chairman of the Committee on Small Business. (Mr. MANZULLO asked and was given permission to revise and extend remarks.)

Mr. FLETCHER. Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. Cunningham).