Pat Tiberi

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I ask unanimous consent that the Committee on Financial Services be discharged from further consideration of the Senate bill (S. 2594) to authorize the Secretary of the Treasury to purchase silver on the open market when the silver stockpile is depleted, to be used to mint coins, and ask for its immediate consideration in the House.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and insert extraneous material on S. 2594, the Senate bill just passed.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I rise today to recognize Dr. Marie Ethel Collart and her dedication to the Central Ohio Breathing Association. Dr. Collart began her education and career at The Ohio State University College of Nursing in 1963. It was during this time that she committed her energies to providing lung health care to individuals who were often overlooked by the medical system, due to poverty, inadequate insurance, lack of transportation or access to physicians. She went on to earn masters of Science and Doctorate degrees while working as a surgical nurse and instructor. In 1981 she became the President and CEO of the Central Ohio Lung Association, a United Way agency providing direct health care services to people with chronic lung diseases. Through the Central Ohio Lung Association, renamed the Central Ohio Breathing Association in 1996, she has dedicated her life to assisting those with asthma find a better quality of life. She is a well-published medical author, sought after speaker, and dedicated community professional. The list of her achievements, awards, and honors is long and impressive, and they reflect the passion of her commitment to providing lung health care for all individuals. A champion in providing free lung health care for the underserved in central Ohio, Dr. Marie Ethel Collart continues to lead the fight against asthma and lung diseases. Additionally, she has worked tirelessly as an advocate for smoking prevention and cessation programs. I congratulate Dr. Marie Ethel Collart for her many accomplishments and outstanding service. She is truly an asset to the people of Central Ohio.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, it is more important than ever that we as individuals and the United States as a Nation reflect on the historic link between the United States and Israel. Yesterday was the 54th anniversary of Israel's independence. The U.S. must stand with Israel now as it did in 1948 as the war on terrorism continues throughout the world. For 54 years, Israel has existed as the only democracy in the Middle East. We must not abandon our work to bring a lasting peace to the region. The efforts of those trying to achieve this goal over the past few days and weeks should be applauded. However, we must also not forget Israel's right as a sovereign nation to defend itself and its people from terrorism. Israel has stood by efforts of the U.S. to combat terrorism around the globe. Likewise, the U.S. must stand by Israel in its effort to eradicate the scourge of terrorism. Let us be clear: attacks on civilians by suicide bombers are acts of terrorism.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, while the big school college basketball championship is still to be decided, we in Central Ohio are already celebrating the Otterbein College Cardinals' victory in the NCAA Men's Division III championship game. The Cardinals came from 11 points behind in the second half to crush Elizabethtown 102-83 and bring the national title home to Westerville, Ohio. The victory topped a spectacular season for Coach Dick Reynolds and his squad. The Cardinals finished first in the tough Ohio Athletic Conference during the regular season, then won the conference tournament en route to an overall 30-3 record. It's a homegrown success story too, with every player coming from the Buckeye State and 11 of them from the Central Ohio area. Otterbein is no stranger to basketball success. The Cardinals' title came in their third trip to the Final Four in Reynolds' 30 years with the program. Their games weren't on ESPN and you won't find them on your tournament bracket sheet. But some of the best basketball in the country is played on the Division III level. We're proud that Otterbein College, the best of the best, has brought a national title to Central Ohio.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, countless Americans are proud of Olympic medalist Lea Ann Parsley, but none more so than her friends and neighbors in central Ohio. America knows Lea Ann as the athlete who sped to a silver medal in the first-ever women's skeleton event at the Salt Lake City winter games. But her friends in central Ohio know her as much more than that. She's a full-time firefighter at the plain township fire department in Franklin County and a volunteer firefighter in her hometown of Granville. And she's completing her work at the Ohio State University on a doctorate in community health nursing. No wonder that Granville assistant fire chief Stan Nicodem said that Lea Ann ``embodies not only the ideals of the Olympics, but the ideals of volunteerism and of firefighting. This just highlights that she's a very special person.'' So special, in fact, that she was selected as one of the athletes to carry the American flag that had flown over the world trade center in the opening Olympic ceremonies. She persevered to win her silver medal despite an injured hamstring. If boys and girls across our country are looking for a role model, all they need to do is look to central Ohio and Lea Ann Parsley. She's a true champion, both in the Olympics and in life.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, all of us were thrilled to watch Jill Bakken and Vonetta Flowers make history by winning a Gold Medal in the first- ever women's bobsledding competition at the Winter Olympics. But there might not have been a Gold Medal, or even a women's bobsledding event, without Stew Flaherty of Westerville, OH. After meeting two of the U.S. athletes in a Westerville gym 7 years ago, Stew spearheaded a campaign to make the women's bobsled an Olympic sport. He organized a letter writing campaign to pressure the International Bobsled and Skeleton Federation and the International Olympic Committee to include the event in the Salt Lake City games. Along with others, Stew helped build the sport internationally by convincing other countries to create teams. As women's coach Bill Tavares told the Columbus Dispatch, ``Without Stew's support we wouldn't be here.'' And to quote Gold Medalist Jill Bakken, ``Stew's role was huge. He was supporting us when no one else was.'' Stew Flaherty's efforts show that with hard work and a never-give-up attitude, you can move mountains. Or in Stew's case, make it possible for others to win Olympic gold.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I would like to congratulate the Battling Bishops of Ohio Wesleyan University for their first NCAA Division III women's soccer national championship. This victory caps a tremendous season that includes an astounding twenty-one straight wins. Ohio Wesleyan University is an independent undergraduate liberal arts institution in Delaware, Ohio, with an enviable reputation for education excellence. As an institution renowned for its commitment to teaching and mentoring of the highest quality that nurtures and prepares students to be leaders and informed and involved citizens, Ohio Wesleyan University has reached and maintained a ranking as one of the top liberal arts universities in the country. I remember well the excitement over the 1988 men's basketball and 1998 men's soccer national championships. Like those earlier teams, the Ohio Wesleyan University women's soccer national championship team has represented their school, their team and themselves with distinction and in the finest tradition of sportsmanship.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 335) honoring the contributions of Catholic schools.

Mr. TIBERI. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today to recognize the contributions of America's Catholic elementary and secondary schools and congratulate these schools, students, teachers, and parents for the dedication to education in our country. I would like to thank the sponsor of the legislation, the gentleman from Colorado (Mr. Schaffer) and the gentleman from Ohio (Mr. Boehner), the chairman of the Committee on Education and the Workforce, for their help in bringing this resolution to the floor today. This resolution recognizes Catholic schools and Catholic Schools Week. This is an event sponsored by the National Catholic Education Association and the United States Catholic Conference and established to recognize the vital contributions of America's Catholic schools. Catholic schools are widely acclaimed for their academic success. I am fortunate enough, being from central Ohio, to have one school in my district, a Catholic school, that has been recognized for that success. They are a past recipient of the U.S. Department of Education's Blue Ribbon Schools Award for Excellence. This is the highest award any private or public school can achieve. In fact, St. Francis DeSales, a Catholic high school in Columbus, is a past recipient of that award. But Catholic schools provide much more than just a superior scholastic education. They ensure a broad values-added education emphasizing the lifelong development of a student of moral, intellectual, physical, and social values in all of our young people. They produce students dedicated to their faith, values and families and communities. Indeed, they are central to building a sense of community in this country that all Americans should have the opportunity to enjoy. I am proud, Mr. Speaker, to be an original cosponsor of this resolution. I strongly support its adoption. Mr. Speaker, I reserve the balance of my time.

Mr. TIBERI. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.Res. 335.

Mr. TIBERI. Mr. Speaker, on that I demand the yeas and nays.

Mr. TIBERI. Mr. Speaker, I yield myself such time as I may consume. I would just like to point out that Catholic school enrollment continues to increase in the United States of America, with more than 2.6 million students nationwide for this last past academic year. Catholic schools also teach a diverse group of students. Over 25 percent of schoolchildren enrolled in Catholic schools are minorities. Mr. Speaker, the graduation rate of Catholic school students is 95 percent, and only 3 percent of Catholic high school students drop out of school, and 83 percent of Catholic high school graduates go on to college. Mr. Speaker, I yield 5 minutes to the gentleman from Ohio (Mr. Boehner), the chairman of the Committee on Education and the Workforce.

Mr. TIBERI. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. Boehner), chairman of the committee.

Mr. TIBERI. Mr. Speaker, I reserve the balance of my time.

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

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I would like to thank my colleague for introducing this resolution. Dave was a special person, and it is a privilege for me to have known Dave and to speak on this resolution today. Much has already been said by the gentlewoman from Ohio (Ms. Pryce) and others, and the gentleman from Indiana (Mr. Burton). Dave received so many awards, too many to mention today. He established the Dave Thomas Foundation for Adoption, which is in central Ohio. He did so much not only for our country and our State, but certainly our community in Columbus, Ohio. Dave was a man that I got to know when I was in the State legislature. He certainly did many things that people are not even aware of. But the Dave that we meet on TV is the Dave we meet in person. He is one and the same, a very simple man. One of his highlights, as the gentleman from Indiana (Mr. Burton) said, was after 45 years of leaving high school, he received and earned his GED certificate from a high school in Florida, securing him in his mind as a role model for students. But we all know that Dave was a role model. He will be missed. He leaves a long legacy. He is a gentle giant and a great American.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, on Monday, September 24, 2001, I was delayed in returning to Washington, D.C. from Columbus, OH due to inclement weather. As a result, I was unable to record a vote on rollcall No. 349 (H.R. 717) and rollcall No. 350 (H.J. Res. 65). I fully support these important measures and had I been present, I would have voted in favor of both.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I would like to congratulate and honor a young Ohioan from my district who has distinguished himself among his peers and community. Mr. Scott Hurff, an honor student at Dublin Coffman High School and a 2001 delegate to Ohio's American Legion Boys State, delivered the following address at this year's Memorial Day ceremonies in Dublin, OH. I believe this stirring presentation is worthy of the Nation's attention. Oration by Scott Hurff, Boy's State Delegate 2001 They kicked him. The Nazis kicked him to see if he was dead. My great-grandfather, who landed at Normandy in WW II, had to play dead to stay alive. He had landed fighting next to his friends. Now they were dead. The Nazis kicked their bodies to see if they were alive, and if they believed that there was some spark of life left in them, they shot them. My great-grandfather then was eventually discharged because of severe frostbite on his feet. He would be forever tormented with the images of the short time he spent in Europe. At this very second, America has seen only 11 generations. It is only 225 years old. Yet, the pillars that are supporting this country, the pillars that tell the world what is just and right, are being torn down. But how? How can the core values of this country possibly be in danger? It's called apathy. Not caring for what America is built upon, not caring about those that made sure these pillars could stand. Our society is vulnerable to self-absorbed greed. Our society is vulnerable to the apathy that tears down and makes us forget the origins of America. Our society is vulnerable to irresponsible behavior. The same situation pertains to Memorial Day. Memorial Day is vulnerable to being forgotten. The men and women that we are recognizing today fought for the good of our society and our country. When their lives should have been filled with fun, work, and adventure, they were fighting in remote, god- forsaken areas of the world. Places like Tunisia, places like Guadalcanal, places like Okinawa, places like the Chosin reservoir, places like Khe Sahn. They had to endure the most horrible conditions to save the world and our country. What have we given them? Too many people of this generation barely acknowledge the significance of this holiday. Too many people of this generation have no idea what the holiday represents. Thus, the people of my generation must ensure a transition to restore confidence and security to all citizens. We must begin with Memorial Day. The only way we can honor the men that surrendered their time to whole-heartedly defend this country is for this generation to dedicate their time to ensuring that the citizens of America are fully aware of what has been given to them and what could easily be taken away. This generation has to re-instate the active patriotism and restore the constant awareness of what this country is based upon. We must ensure another 11 generations, 225 years, and beyond. We must be leaders in this transition. As President Bush said, ``The only good society is a caring society.'' Take heart to what has been done for you, and be motivated to make a difference in someone's life. Become a teacher. Help lead the way to guarantee equality in Ohio's schools. Support the World War II memorial. Participate in government. That is the way to ensure that America's pillars stand. That is the way to honor the soldiers that fought to preserve those pillars.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, President Bush has pledged to sign into law the Patients' Bill of Rights that provides a full range of patient protections, including direct access to OB-GYNS, physician choice, emergency room coverage, pediatric care, and a ban on ``gag'' rules. What President Bush will not support is unlimited lawsuits. A Washington poll released in early June showed a majority of Americans, 49 percent to 40 percent, prefer a different approach than one of unlimited lawsuits, believing that more litigation will drive up costs of medical care in America. It must be clear that HMOs are not exempt from lawsuits. Federal courts have ruled 15 times since 1995 that HMOs can be held liable. ERISA does not shield HMOs from medical malpractice liability; it only preempts State laws on coverage of administration of benefits decisions. Unlimited lawsuits will not improve patient care in America. A recent Harvard University study found that ``almost 60 percent of costs to the malpractice system would wind up in bank accounts of lawyers, court administrators and insurance systems.'' The goal of patients' rights legislation should be about reducing the ranks of the uninsured and increasing access to health care coverage. Mr. Speaker, I urge support of the Fletcher bill.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I ask unanimous consent to have my name removed as a co-sponsor of H.R. 1109.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, it is a privilege for me to speak today on the floor on a bill that I helped craft in the Committee on Education and the Workforce, a committee that worked real hard a couple months ago, with bipartisan support, to pass on a bill to the floor and on to the Senate. A bill that puts President Bush's principles and education together with accountability and testing and flexibility and more local control and targeted funding and expanded parental options. A bill that consolidates programs. A bill that empowers parents with more information. A bill that included an amendment that the gentleman from Delaware (Mr. Castle) and I crafted, a superflex amendment that provides for a hundred school districts to have more local control to consolidate Federal programs. Yes, this bill differs from the Senate, but those differences can be resolved, and we can put together a bill that the President can sign that benefits America's schoolchildren.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, I am pleased today to join my colleague, Representative Rob Andrews from New Jersey, in the introduction of ``The Sales Incentive Compensation Act.'' This is a very narrow, technical amendment to the Fair Labor Standards Act of 1938. The purpose of the legislation is to clarify the treatment of certain types of sales employees under the federal minimum wage and overtime requirements. Technological advances have dramatically changed the way in which sales employees perform their jobs. Companies now compete in a global market where many business transactions occur through use of the Internet, faxes and the telephone. This bill is specifically written for the so-called ``inside sales'' employee, who works primarily at the employer's facility, using the phone, fax and computer connections to communicate with non-retail customers. Many of these employees are professional sales people who deal with very sophisticated products or function as both a consultant and salesperson to customers, yet they are not covered by any of the current exemptions from minimum wage and overtime. The treatment of inside sales employees under the law has only become an issue in recent years, as the courts have reached differing conclusions about whether inside sales employees qualify for any of the current exemptions. Since many of these employees are covered by a 40 hour workweek, current law has the unintended effect of placing a ceiling on their income because they do not have the flexibility or the choice to work additional hours in order to generate more sales and earn more commissions. The Sales Incentive Compensation Act takes into account the changes that have occurred in the workplace since the law was enacted in 1938. The legislation would update the law to more accurately reflect the duties and functions of inside sales employees. By doing this, employees would have the opportunity to increase their wages. In order to qualify for this exemption, an employee must meet the requirements in the bill that outline the specific functions and duties of the job. An employee would have to have a detailed understanding of the customer's needs and specialized or technical knowledge about the products or services being sold. The employee must sell predominately to repeat customers--in other words, the exemption would not apply to telemarketers or sales employees who primarily ``cold call'' customers. In addition, the employee must have a detailed understanding of the customer's needs. The legislation ensures protections for the employee in that it requires the employer to pay a minimum amount of base compensation. The remainder of the employee's compensation would be derived from commissions on sales. So employees would be provided with a base salary, an additional amount of guaranteed commissions, and continued incentives for increased earnings. Employees who choose to work longer hours in order to make more sales are therefore guaranteed to have financial reimbursement for the additional hours in the form of commissions. The Sales Incentive Compensation Act is carefully crafted bipartisan legislation that many Members supported during the last Congress when it was considered and passed by the House. I urge my colleagues to support expanding worker opportunity and providing sensible reform to a 1938 law.

Mr. TIBERI

Mr. TIBERI. Mr. Speaker, on Monday, May 21, 2001, my plane was delayed in arriving due to bad weather. As a result, I was not present for Roll Call Vote #126, Expressing the sense of the Congress regarding National Pearl Harbor Remembrance Day and Roll Call Vote #127, the 245(i) Extension Act of 2001. Had I been present, I would have voted ``yea'' on Roll Call Vote #126 and #127.

Mr. TIBERI

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