Marcy Kaptur

Ms. KAPTUR

Ms. KAPTUR. I yield to the gentleman from New York.

Ms. KAPTUR. I want to thank again the chairman for all of his work on this bill, which is not an easy bill to move through this Chamber with all the respective departments and agencies, and for his special consideration on this particular subset of credit unions, largely serving communities where all other financial institutions have moved out.

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, I rise to pay tribute to a long time friend, John Michael Hurley of my district. John passed from this life on June 10, 1999. John made his career in public service, first in the Armed Forces where he served in the Army, Navy, Marine Corps Reserves, and Air Force. Upon his retirement from the Air Force he began a career with the City of Toledo's Streets, Bridges & Harbors Division until his 1992 retirement. While employed with the city, he rose to the top leadership post of AFSCME Local 7. He worked for the union as steward, divisional steward, chief steward, and president. He also served AFSCME Ohio Council 8 as regional vice president, and was a board member of Ohio's Public Employees Retirement System. Throughout that service, the quality guarded the hard fought rights of working people throughout our community and state. In addition to his civil service, John was also an active member of local veterans organizations, belonging to the Veterans of Foreign Wars Northwood Post #2984 and American Legion Conn Weisenberger Post #587. Rounding out his service to community and country, John coached Toledo's North End Lagrange Lions Baseball Team. A family man, John was the proud father of Angela, Laura, Lillian, Nicole, Patrick, Andrew, David, and Kelly, and doting grandfather to 21 grandchildren. Our condolences to them, his wife Joanne, and his sisters and brothers. May they gain some small comfort in knowing the spirit and fire of John Hurley is carried through in each of them. The people of our community have been touched with his strength and kindness and our nation expresses its gratitude for his service to our country.

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, I thank the distinguished and able gentleman from West Virginia (Mr. Mollohan), who is really fully admired by Members of this House for being here this evening, and our dear colleague, the gentleman from Ohio (Mr. Regula) as well. Mr. Speaker, I rise in support of this measure to put some steel back into the spine of America and to help our beleaguered independent energy sector. Earlier this year, the House passed this legislation. It has been stalled over in the other body all this time. Unforgivable. Now six more steel companies in our country, American jobs, have filed for bankruptcy. Over 6,000 jobs at stake in Alabama, Ohio, Illinois, Pennsylvania, Utah, coast to coast, and more on the chopping block. I think we are obligated to do what we can to provide help to this beleaguered set of industries in the United States of America, especially when they are so adversely impacted by imports from Japan, which has never opened its markets to us; Indonesia, not exactly the most Democratic place on the face of the earth. So I rise in support of this bill, as I would have on the Chrysler loan bailout, in which every penny was paid back with interest.

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, I would urge Members to vote no this morning on H.R. 1907, the so-called American Inventors Protection Act of 1999. This bill is being brought up under suspension. It should be brought up under regular order. It is a very consequential bill. Last night the bill was brought on this floor at 9:17 p.m. as the last item of business. Those who had concerns about the bill and did not even have a chance to read it were limited to 10 minutes on a bill with constitutional consequences. This is not the bill that cleared the Committee on the Judiciary on May 26, 1999. I think our U.S. patent system deserves more than this cursory treatment by the leadership of this institution. At stake are the constitutional rights of our inventors, intellectual property rights into the next millennium, the rights to sue that are inherent in our legal system, and in fact, the independence of the Patent Office itself. I would urge my colleagues to vote no on H.R. 1907 until they have had a chance to read it. Bring it up under regular order.

Ms. KAPTUR

Ms. KAPTUR. Point of order, Mr. Speaker. Mr. Speaker, do I take it, then, that under your ruling, I, as someone who is opposed to this measure, will not be allowed my own time during debate this evening?

Ms. KAPTUR. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I regret the gentleman does not have more time as well. I wish to say to the gentleman, thank you very much for being here this evening, and to say thanks to our colleagues who have also labored on this bill. There is regular order here. We should have regular order, especially on a bill of constitutional magnitude. We all recognize it is. Let me say for those of us who may question why do we need to change anything about this patent system which protects the seed corn of our country, the lifeblood of our ideas, what is so bad about the current system we have today, when we are the leading industrial-military-arts- power in the world? Everyone else wants to file their patents here because of the very successful system that we have. If we do it wrong, we jeopardize our own leadership. So why are we so afraid to take the time to let Members read these provisions? If the bill is so good, then it will go through on its own merits, but not through clamping down on regular order in the debate that should precede on a measure with constitutional consequences. Frankly, if it is a bad bill, it is going to end up in the courts and it is not going to go anywhere. So we owe it to the American people to do it right the first time. Mr. Speaker, I thank the gentlewoman for yielding me the 10 minutes, but I truly wish at a minimum 20 minutes for a constitutional question, is that really asking too much?

Ms. KAPTUR. There is a manager's amendment now which was walked to the floor at 9:17 p.m., which I could only get up to Page 54 reading very quickly here this evening. There are 105 pages in the bill. So the manager's amendment is the bill that was walked to the floor tonight, so it has not come through any subcommittee; it has not come through any full committee. It is going to be offered here and then voted on tomorrow; is that correct?

Ms. KAPTUR. Excuse me, on that point where the gentleman says it has been amended, in what formal process on the record has it been amended?

Ms. KAPTUR. I yield to the gentleman from North Carolina.

Ms. KAPTUR. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I must say I find it very interesting here close to 10 p.m. Washington time that we have had walked to the floor less than a half an hour ago the bill that we are going to be asked to vote on tomorrow. This is likely to be the last item of business tonight. This bill is 105 pages long, and I must say I am extremely disappointed that I could not even get 20 minutes to talk about a measure that has been worked on in this Congress for several years, and now under the unusual, unusual procedure of bringing up a major bill like this with constitutional implications it is brought up under suspension, and I, as the only person in opposition here with perhaps the exception of one other are allowed 10 minutes. Mr. Speaker, I will not yield time at this point, having so few minutes myself. Mr. Speaker, any reasonable person would ask why the silence. Why are we being silenced and not allowed to explore some of the questions that have troubled us over several years? I listened very carefully to those that have been involved in these negotiations: the gentleman from Indiana (Mr. Burton), the gentleman from Illinois (Mr. Manzullo), the gentleman from California (Mr. Rohrabacher), the gentleman from California (Mr. Campbell). Frankly I was not involved in the negotiations that have been occurring here over the last several weeks. There were two meetings I think in my office where we tried to gain clarification of language that never came back, and I would like to ask the chairman of the full committee, if I might, my good friend, the gentleman from North Carolina (Mr. Coble), if this bill before us, H.R. 1907, is the same bill that was voted out of the Committee on the Judiciary on May 24 of this year, 1999. Is this the same bill?

Ms. KAPTUR. Mr. Speaker, could I ask unanimous consent to control my own 10 minutes?

Ms. KAPTUR. Mr. Speaker, I would like to ask if the gentlewoman from California is opposed to the resolution that will be under consideration.

Ms. KAPTUR. The gentlewoman from Ohio is opposed.

Ms. KAPTUR. I would like to claim time in opposition, and I would like to know if the gentlewoman is opposed to the measure before us.

Ms. KAPTUR. I would say to the gentleman I have many fewer minutes than he does here this evening, and I hate to reclaim my time, but I am going to do that and say to the gentleman that for me, and again I have not had to study this bill every single word as the gentleman has over the last several weeks, but the reason for my objection is this: The Constitution of the United States sets up a very precious right of property. I am going to read it. It is only 32 words. It says in article I, section 8, ``The Congress shall have power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right''--exclusive right--``to their respective writings and discoveries.'' Now, this is not some little amendment that is part of a manager's effort. This is the Constitution of the United States. Therefore, when a 105-page bill comes before us on suspension, those of us who value this document and devote much of our lives to preserving it under the oath that we take are very suspicious of any bill of such consequence that comes before us on suspension when we are allowed only 10 minutes to debate. I also would say that with all due respect to the excellent minds that were involved in crafting this manager's amendment, it is only a handful of Members of this institution. This bill is not up on the web. I cannot ask the inventors I represent back home to go to any site to look at it so I can be advised on how to vote tomorrow morning. I know a fast ball when I see one. I have been here long enough to know that. I am offended by this, simply because I think the constitutional issues are so very important. I am not afraid of sunshine on this issue or any other issue, and I would say to my good friends from California, some of whom are on the floor tonight, I understand a little bit about industry differences, and I know that there are some industries that will benefit more than others from the publication in foreign locales of some of these patents. I would say, and I have only marked one paragraph that I will read here, because the public will know nothing of this bill before it is voted on tomorrow, but on page 33 there is this section that is called ``United States publications of applications published abroad.'' It says, ``Subject to paragraph (2), each application for patent except applications for design patents filed under chapter 16 and provisional applications filed under section 111(b) shall be filed in accordance with procedures determined by the Director, promptly upon the expiration of a period of 18 months after the earliest filing date for which a benefit is sought under this title.'' Now, that is an interesting set of words there, but I guess I would want to take sections like that and let the sun shine in, let those back home whose livelihoods and futures, and, frankly, the future of this country depend on, have an opportunity to think and comment before this particular vote. I agree with the chairman; this is complex, it is very important, and it is often misunderstood. I would have to say as a Member, I take some offense that some professor from MIT, and I attended MIT, had more influence with the committee and more ability to review these sections than Members like myself. You must understand this frustration. So I do really feel that we are being closed out. That means that some interests are being looped in, and it means that we are not to be given the chance to review this extremely important measure with constitutional consequences before we are asked to vote on it tomorrow. Mr. Speaker, I yield 2 minutes to my good friend, the gentleman from Maryland (Mr. Hoyer), who has fought so hard trying to get reform that is fair to all concerned.

Ms. KAPTUR. I wanted to ask, Mr. Speaker, how much time would that be of the total time allotted, then?

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, the most constructive step Congress can take today to fortify our Nation's political ideals and economic foundation is to say ``no'' to renewing China's ``special'' trade status. There is nothing ``normal'' about China's trade relationship with the United States today. It is astoundingly abnormal, with gigantic and growing trade deficits. This year it will amount to over $60 billion more of Chinese goods coming into this country than our exports allowed into their nation; over half a million lost jobs in the United States; China, now the second largest holder of U.S. dollar reserves and buying political influence around the world with that money, restructuring their markets and transshipping goods through Japan here to the United States. All I can say is our ancestors in the Kaptur and Rogowski families came to this country for freedom. They were freedom lovers. They were opportunity lovers. I refuse to be a placeholder in this Congress for Chinese state monopolies or the Communist Party, and I am certainly not going to be a placeholder for some of the largest multinationals on the face of the globe who merely want to make profits off the backs of those who work as slaves.

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, I rise to recognize Richard C. Blake of Toledo, OH, a man of great stature and kindest heart, who passed from this life on June 4, 1999. I came to know Dick and his family through his passionate commitment to the credit union movement to which, as his family noted, he ``dedicated 52 years . . . as both his vocation and avocation.'' Employed by the former Champion Spark Plug in Toledo, Dick was a member of the Champion Credit Union. He served in many of the credit union's leadership positions over 37 years, including membership on the board of directors, on the Credit and Supervisory Committees, board president, and treasurer/CEO. Not limiting his involvement in promoting credit unions to just the Champion Credit Union, Dick rose to the highest levels of the movement. He served as president of the Toledo Chapter of Credit Unions, chairman of the board and director emeritus of the Ohio Credit Union League, and director of the Credit Union National Association. Dick also focused his time on community involvement, and was a past master of Toledo-Fort Industry Lodge #144; past patron of Fort Industry Chapter #391; a member of the Scottish Rite; and a member of the Adams Township American Legion Post. He also was a member of the Loyal Order of Moose Lodge #1610 and served on the finance committee of his church, Zion United Methodist. A water enthusiast, Dick belonged to the Toledo Yacht Club, Oak Harbor Long Beach Association, and the Coral Cay Association in Florida. Dick's passing leaves a void in our community, but much more importantly within his loving family. Our heartfelt condolences to his wife of 57 years, Helen, and his children Becky, Kathy, and Bill, his eight grandchildren and five great-grandchildren. Dick has touched the lives of thousands of people and made our community and country a more humane nation. We all are grateful for the privilege of knowing him.

Mr. KAPTUR

Mr. KAPTUR. Mr. Speaker, I rise with great pride to honor a 104 year old veteran in my district. John Topolewski was awarded France's Knight Cross of the French Legion of Honor on Wednesday, June 16, 1999 in Toledo, Ohio. The Knight's Cross is the highest award given by France to citizens of other countries. The award was presented to Mr. Topolewski by France's Consul General Alain de Keghel, the second ranking French official in the U.S., in front of a replica of the troop train which transported U.S. troops to France in World War I. Mr. Topolewski was one of those ``Doughboys` and a member of the 82nd Infantry Division. The nation of France has bestowed the Knight's Cross upon John Topolewski for uncommon valor in the trenches as he fought in the United States Army during World War I. The Greek historian Thucydides wrote ``remember that this greatness was won by men with courage, with knowledge of their duty, and with a sense of honor in action . . . but the bravest are surely those who have the clearest vision of what is before them, glory and danger alike, and yet notwithstanding go out to meet it.'' As a young man at the dawn of his adulthood, John Topolewski embodied these words. He acted because he thought it his duty to his comrades, his country, and the world, not out of a desire for recognition, glory or awards. Consul General Keghel told him as he gave him the medal ``More than two million American soldiers were sent across the Atlantic Ocean. The French have not forgot their bravery more than eighty years later. Today it is your turn, Mr. John Topolewski, to be honored. You served in dangerous conditions. You belong for sure among the veterans here.'' John Topolewski stands today as a symbol of thousands of nameless heroes of that first great world wide conflict, and the ones which followed. He is a reminder of the humanness in war, of sacrifices made to preserve liberty and regain freedoms withheld. Although I was unable to personally be with him as he received this belated honor, I salute John Topolewski, and thank him on behalf of the people of our nation and freedom lovers world-wide.

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, I rise today to recognize Sister Estella Ibarra of Toledo, Ohio, who is being honored this evening in a special tribute for her work in our community. Since her 1988 arrival in Toledo, Sr. Estella has tended to the housing, employment, and educational needs of South Toledo residents, while ministering to their spiritual needs as well. After coming to Toledo to establish Marianist Social Ministries, Sr. Estella witnessed the critical housing situation facing many of her clients and it spurred her on to action. While working as Hispanic Outreach Coordinator for Catholic Charities in the Diocese of Toledo, she proposed and initiated CHIP: the Charities' Homeowners Initiatives Program. Since 1992, CHIP has provided close to thirty low-moderate income families with financial counseling, legal assistance, training in budgeting, home management, and retirement planning in preparation for buying a home. Starting in the city of Toledo, Sr. Estella is replicating the program in seventeen other communities in the Toledo Catholic Diocese. To aid families in housing crises, Sr. Estella founded La Posada, a temporary shelter for homeless families. The shelter, named to honor the Mexican Christmas tradition in which families walked through the village by candlelight reenacting the Holy Family's search for shelter on the night of Jesus' birth, allows families in need to stay up to ninety days while re-establishing a foothold. Sr. Estella founded La Posada in 1991 through the combined efforts of herself and five churches in Toledo's Old South End: SS Peter & Paul, Immaculate Conception, St. John's Lutheran, First English Lutheran, and Peace Lutheran. Serving largely Hispanic families in need, La Posada provides help to about 120 people each year, most of whom are migrant workers, recent immigrants, and refugees, as they strive toward self- sufficiency. St. Estella also works closely with Toledo Central City Neighborhoods Development Corp (TCCN), which is sponsored by ten Catholic churches and rehabilitates and builds affordable homes in Toledo's central city neighborhood. She began service on TCCN's Board in 1994, and even served briefly as the organization's interim director in 1996. Sometimes referred to as the ``Mother Teresa of Toledo,'' Sister Estella has helped hundreds of Toledo's ``poorest of the poor.'' In a time when many in our government and across our nation have abdicated our responsibilities toward one other, Sr. Estella has chosen instead to follow Christ's teaching; ``Whatever you do to the least of my brethren, that you do unto me.'' She is a quiet and humble example of how we might live as true followers of Christ, and how we might seek to truly impact the life direction of people. Sr. Estella Ibarra is ensuring that our future will not only be different but better because she has been here. I join our community in honoring her achievements and thanking her in the most heartfelt way for the positive changes she has brought to people in need.

Ms. KAPTUR

Ms. KAPTUR. Mr. Chairman, I rise in support of the amendment by the valiant gentlewomen from New York (Mrs. McCarthy) and New Jersey (Mrs. Roukema) and in favor of strong background checks on criminals across this country.

Ms. KAPTUR

Ms. KAPTUR. Mr. Speaker, I rise today to congratulate Toledo Metal Spinning Company (TMS), a business in my district recently honored as one of only six recipients of the Blue Chip Enterprise Initiative Award. This award, given to companies who have overcome both internal and external struggles throughout their organization, was extended to TMS in recognition of their exceptional ability to cope and rebuild virtually their entire business after a fire ravaged their operation. TMS Vice Presidents Eric and Craig Frankhauser are to be commended for their efforts to restore their corporation. After a disastrous fire that destroyed much of the plant in February 1998, the two brothers worked tirelessly to fulfill customer orders and remain in production mode. Remarkably, five days after the fire, the company was back online and serving its customers with the same level of professionalism and courtesy as before the tragedy. Clients turn to TMS for a wide range of products including parts for missiles, passenger jets, and military aircraft, as well as stainless steel, cone-shaped hoppers used for countless purposes from releasing fruit into yogurt to processing pills. As the Frankhausers rebuilt their facility their innovation and ingenuity led the way. Forced to rebuild not only their physical building but also their business structure, the Frankhausers revamped their entire production operation. They redesigned the company's production system, stressing flexibility of machinery and workers. The two owners realized both the importance of giving their employees more responsibility and the success that results as workers interact with each other. Despite the terrible fire, their improved operation successfully kept sales at 83 percent of 1997 levels. The Frankhausers and all of those employed at TMS have created a family business by which all companies should follow. TMS will be paid a tribute this week as it receives the Blue Chip Enterprise Initiative Award, which is co-sponsored in part by the U.S. Chamber of Commerce. On behalf of the citizens of Ohio's Ninth Congressional District, I rise to congratulate TMS, the Frankhausers, and the many employees for their outstanding success and innovation as they stood in the face of disaster. The TMS example is certainly a business model to be followed as we enter the next millennium.

Ms. KAPTUR

Ms. KAPTUR. Mr. Chairman, I ask unanimous consent to reclaim my time.

Ms. KAPTUR. Mr. Speaker, I would just say to the gentleman that this particular Member is going to support the gentleman's motion to recommit and then will end the evening by voting against the bill, which I apologize to the subcommittee chair and to the full committee chair. It was not my intention as a loyal member, having gone through all those meetings, to do that. And I would urge all my colleagues to vote ``no'' on final passage as well, and I feel sad to do that today.