Fred Upton

Mr. UPTON

Mr. UPTON. Mr. Speaker, I rise today to honor the 50th Anniversary of one of the finest radio stations in my state of Michigan, and indeed the entire Midwest, WMUK, of Kalamazoo, Michigan. Like many of our country's greatest institutions, WMUK had modest beginnings. In 1951, based on the campus of what was then Western Michigan College, WMUK was founded under the call letters WMCR. WMCR was only on the air for a few hours each day and early programming consisted of music and instructional programs. At the time, WMCR was a pioneer in radio. As such, it was the first FM station in Kalamazoo. Over the years, WMCR's development mirrored the growth of Kalamazoo. For example, in 1961, WMCR changed their call letters to WMUK to reflect Western Michigan College's name change to Western Michigan University. A few years later, in 1965 WMUK was the first radio station in Kalamazoo to begin broadcasting in stereo. Over the years, as the station's popularity has grown so has their signal strength. From a meager 400 watts in 1951, today, WMUK broadcasts at 50,000 watts. Today, after 50 years, WMUK is a cornerstone of the Kalamazoo community. I am pleased to say that WMUK is now on the air 21 hours a day offering a wide variety of programming to suit the diverse tastes of our community. Mr. Speaker, I ask that these remarks be made part of the permanent record of the Congress so that other public broadcasters can emulate the quality example that WMUK has set across our country.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I yield 5 minutes to the gentlewoman from Wyoming (Mrs. Cubin).

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and to insert extraneous material on H.R. 496.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong support of H.R. 496, the Independent Telecommunications Consumer Enhancement Act of 2001. This legislation provides common sense regulatory relief that will enable small and mid-size telephone companies to respond to competition in their service territories. For too long, telephone companies have been saddled with unnecessary and burdensome regulations that increase the costs associated with providing phone service. The current regulatory framework for incumbent local exchange carriers is, to say the least, antiquated. Too often, the FCC imposes one-size-fits-all rules on all carriers, neglecting to take into account the size of carriers and the difference in the level of competition faced by carriers that serve disparate geographic regions. Reports must be filed that are rarely, if ever, read probably by FCC staff, reports that literally cost millions and millions of dollars and certainly countless man-hours to compile. The FCC also imposes rigid rules on the types of price regulation that small and mid-size carriers may, in fact, elect. These rigid rules prevent a carrier from electing different regulatory treatment for different parts of its territory, even if the carrier serves distinctive regions of a State or the country, and the costs to provide such service in these regions is simply not the same. The FCC's rules also do not give small and mid-size carriers the flexibility to offer discounts to reflect competitive conditions in their service territory. Mr. Speaker, one final area that the bill addresses concerns the process through which the FCC issues decisions on mergers and waivers of the Commission's rules. Mr. Speaker, this process takes way too long. Mergers of small and mid-size carriers, or the acquisition of one of these carriers of access lines belonging to a large carrier, should be decided within 60 days. Requests for waivers or reconsideration of the commission's rules governing the activities of small and mid-size companies should not take longer than 90 days. Both of these timetables give the FCC plenty of time to make the review. Mr. Speaker, I would like to reiterate that this bill provides common sense relief to those incumbent local exchange carriers that possess fewer than 2 percent of the Nation's access lines. I commend in particular the gentlewoman from Wyoming (Mrs. Cubin), my good friend and colleague, for authoring this legislation again; and I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr. Kennedy), a supporter of the bill who represents a district that I know is fairly rural in lots of different ways. (Mr. KENNEDY of Minnesota asked and was given permission to revise and extend his remarks.)

Mr. UPTON. Mr. Speaker, I yield back the balance of my time.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I know I asked unanimous consent that all Members be able to revise and extend their remarks, but I particularly want to note and request the addition for the Record of the statement by the vice chairman of the subcommittee, the gentleman from Florida (Mr. Stearns), who is chairing an important hearing on airline mergers now and was not able to come over and engage in the debate. The other thing I would just like to point out is that my district in particular, though it is certainly not as rural as the State of Wyoming, is very much what I consider a microcosm of the country. We have good pockets of urban and rural, farms, businesses large and small, and I know that, particularly as chairman of this new subcommittee, we have two outstanding small telephone services, one in Bloomingdale, Michigan, in Van Buren County, and Climax Telephone Company in Kalamazoo County that will benefit from this legislation, as we will see through the rest of the country as well. We do not need burdensome regulation imposed by anyone on small companies like these that provide really the only service, whether it be high-speed digital fiber to those communities, whether cable, all of those different things. These companies are there and they are the only ones there. In fact, their prosperity will only grow because of this legislation. I would note that last year we passed this legislation without dissent. I would think that again this year we will pass it without dissent as well. I ask all my colleagues to vote in support of this legislation.

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 496) to amend the Communications Act of 1934 to promote deployment of advanced services and foster the development of competition for the benefit of consumers in all regions of the Nation by relieving unnecessary burdens on the Nation's two percent local exchange telecommunications carriers, and for other purposes, as amended.

Mr. UPTON

Mr. UPTON. Mr. Speaker, it is my distinct pleasure today to recognize my friend, and one of the most dedicated public servants I know-- Berrien County Sheriff Robert Kimmerly. With the retirement of Bob Kimmerly, Berrien County and the entire State of Michigan will lose years of valuable service and experience in law enforcement. As a resident of Berrien County, I have seen the results of Bob's work firsthand. Since being elected Sheriff in 1992, Bob sought to enforce the laws in our area in a firm, fair and impartial way--and I think he's been successful. In addition to working to upgrade the technology and communication between State and local law enforcement agencies, Bob has also worked to facilitate communication between these agencies and the community. The close and effective working relationship Bob maintained with the community will clearly be remembered as one of the hallmarks of Bob's service. He worked to foster a close working relationship with senior citizens and law enforcement, implemented e-mail communication between Neighborhood Watch Groups, Senior Citizen Centers and law enforcement and partnered with area schools to provide student violence prevention and response programs. Bob has worked not only for the safety of our communities, but the officers under his charge. During his tenure, he implemented computer aided dispatching, mobile vehicle locators for patrol vehicles, mobile data terminals and squad car video cameras. These advances, however, were implemented with a keen eye toward fiscal responsibility. As Sheriff, Bob worked to firmly enforce the laws while at the same time reducing the cost of inmate incarceration. Bob was also a creative Sheriff. As such, he implemented a ``Work Alternative Program'' which provided Berrien County with over 14,000 hours of community service. Mr. Speaker, I believe I speak for every citizen in Berrien County when I extend our congratulations and best wishes for a retirement filled with happiness and productivity. I submit my remarks into the Congressional Record to ensure that this and future generations of Americans have the opportunity to reflect on and know of the significant contributions Bob Kimmerly has made to Berrien County and the entire State of Michigan.

Mr. UPTON

Mr. UPTON. Mr. Speaker, today I recognize my good friend from the other body, Senator Spencer Abraham. Senator Abraham is a good American and a great Michigander. Over the years, I have gotten to know Senator Abraham well and I can truly say his family has lived the American dream. His maternal grandfather came to America from Lebanon, began a new life in America as a peddler and eventually opened his own grocery store. His paternal grandfather was also a Lebanese immigrant who worked in the West Virginia coal mines before seeking a better life in Michigan as an autoworker and grocery store owner. Spence's dad was also an autoworker, and with his wife, owned a small shop in downtown Lansing. As Michigan's U.S. Senator, Spencer put the strong values he learned from his family into action. He worked hard and lived his dream. Spence was the first member of his family to attend college and went on to earn his law degree. Prior to serving as our Senator, Spencer served as Michigan's Republican Chairman and in the Reagan Administration. Since Senator Abraham's election in 1994, I have had the distinct opportunity to work with him on a host of issues of importance both to the people of our state and the nation. And, his record speaks for itself. As a United States Senator, he has truly been a workhorse--and it's paid off. Senator Abraham is one of the few Members of the Senate that can say 16 bills he wrote have been signed into law. One of the things I am most proud of is our work this past Congress to protect kids across America from the dangers of ``date rape'' drugs. By working together, we were able to write and pass a bill that outlaws the dangerous substance, GHB, and its close chemical cousins. This legislation was named in memory of Samantha Reid, a southeast Michigan teenager who died in 1999 after drinking from a can of Mountain Dew that was secretly laced with GHB. I would personally like to thank Senator Abraham for his assistance this past year to secure badly needed funds from Southwest Michigan's farmers whose crops had been devastated by fireblight. By working together we were able to deliver much needed relief to these farmers. Mr. Speaker, Senator Spencer Abraham has left a distinct mark on our nation. I submit my remarks into the Congressional Record to ensure that future generations have the opportunity to be inspired by the contributions of Senator Spencer Abraham of Michigan.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I want to bring to the attention of the House of Representatives a very momentous event which occurred on September 25, 2000 and involved two constituents of mine: Willy and Thekla (Stein) Nordwind of Kalamazoo, Michigan. After more than five decades of denials, avoidance and legal maneuvering, Germany--for the first time--returned to the rightful heirs, a major work of art previously confiscated by the Third Reich. On September 25, the Lovis Corinth painting, Walchensee, Johannisnacht (The Walchensee on Saint John's Eve) was returned to the heirs of Gustav and Clara Stein Kirstein in a ceremony which took place in the shadow of the Brandenburg Gate in Berlin. Thekla (Stein) Nordwind, niece of the Kirstein's, is the representative of the rightful heirs to whom the art was returned. Both Thekla (Stein) Nordwind and her husband, Willy Nordwind, were in Berlin for the ceremony. As a result of this event, Ronald S. Lauder, Chairman of the World Jewish Congress' Commission for Art Recovery, stated, ``After one year of negotiations, we hope this first step will correct some past injustices and that all works of art belonging to families of Holocaust victims will be returned. We will never forget the millions of lives that were broken or lost. We honor that memory by contributing to closing one of the darkest chapters in 20th-century cultural history.'' Thekla (Stein) Nordwind said she accepted the painting, ``Not only on behalf of the heirs of her aunt and uncle, but on behalf of so many others who want and need some acknowledgement and recognition of the devastation suffered by their families. Although no one can restore what was truly lost to so many families, the return of this painting is a symbol of the wish of the German Government to atone for the sins of the past.'' I commend Willy and Thelka (Stein) Nordwind for their pursuit of justice and their perseverance, and I wish them all the best in the future.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I thank the gentleman for his agreement.

Mr. UPTON. I yield to the gentleman from New York.

Mr. UPTON. Mr. Speaker, I wish to engage in a brief colloquy with the fine chairman of the subcommittee, the gentleman from New York (Mr. Walsh). I note in the conference report there are two line items through EPA which will help improve the environmental quality of the Kalamazoo River Watershed in southwestern Michigan. One such provision is directed to Western Michigan University's Environmental Research Institute; the other is directed to Calhoun County, Michigan. I would like to clarify that the line item with respect to Calhoun County would be solely administered through Western Michigan University's Environmental Research Institute, provided that such funds are used to provide environmental quality for that portion of the Kalamazoo Watershed which is in Calhoun County, Michigan. By doing this, we will help ensure that there is no unnecessary duplication of effort in this regard.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I rise today to mark the end of an era in the government of my home state of Michigan. With the retirement of Judge Roman S. Gribbs, the people of Michigan are losing more that just a Judge, they are losing a man who has dedicated his life to serving the people. His dedication and work over the years for the people of Michigan has been truly admirable and aspiring to many. With over 45 years of service to his community, Judge Gribbs has left his mark on a countless number of lives. This loving husband and father of five children, began his career as professor at the University of Detroit in 1954. His distinguished career included many different positions within the legal profession. His jobs ranged from Assistant Prosecutor to Sheriff of Wayne County by 1969. He was elected Mayor of the city of Detroit serving from 1970-1974, during which he was elected as the President of the National League of Cities. In the 25 years since he left the Mayor's office, Judge Gribbs has dutifully served the citizens of Michigan, first on the Third Judicial Court and then on the Court of Appeals. His service throughout his life is a testament to the man that he is, a compassionate, committed worker for the people. Such a public servant is one that the people should treasure and feel fortunate to have in our democracy. The state of Michigan and our country have been beneficiaries of the generous and outstanding service provided by Judge Roman S. Gribbs. It is my great pleasure to honor him today, and to wish him a happy, healthy and productive retirement.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I thank the gentleman from Missouri for reserving this special order. I rise to pay special tribute to my friend and colleague and leader of our committee, the gentleman from Virginia (Mr. Bliley), our chairman. There is not a finer committee in the Congress than the Committee on Commerce. I wish my colleague, the gentleman from North Carolina (Mr. Coble), was still here for me to rib him, because he knows in fact that it is the best committee in the Congress for a lot of reasons: the jurisdiction, whether it be health care, trade, commerce, telecommunications, you name it, it comes under the authority of our committee. If we look at the legislation that passes through here in the House on a weekly basis, really about one-third to 40 percent of the major bills that pass through this Congress originate in the Committee on Commerce. It is a terrific committee to serve on. We have wonderful Members. We have terrific staff, hard-working. We have had a wonderful leader in the gentleman from Virginia (Mr. Bliley) the last 6 years. Mr. Speaker, I was fortunate when I was first placed on the Committee on Commerce to serve under then ranking member of the Subcommittee on Oversight and Investigations, the gentleman from Virginia (Mr. Bliley). He was always fair, and he has always been fair, certainly in his 6 years as he led this committee in so many ways that will impact all of America for many years to come. The gentleman from Virginia (Mr. Bliley) is a straight shooter. Yes, we knew when we were in his doghouse, but there was always a way to get out. He wanted an answer, he usually had the votes, and if you were straight up with him, your reputation stayed honest and strong, and he was able and willing to help you on a whole host of issues as legislation moved through the Congress. I am only sorry tonight that the hour is late. We are all trying to get home, back to our districts. Congress will not be in session tomorrow. I have had the wonderful opportunity of serving with him also on the tennis court, opponent, as well as partner. He plays on the court just as hard as he plays in committee. This Congress would be far better off to have more gentlemen like the gentleman from Virginia (Mr. Bliley). There is not a day that he has not been able to go home or he has not been able to have his head high in the issues that he helped lead knowing he has done the right thing. His impact will be felt not only on this body, but across the country for generations to come. Mr. Speaker, I thank the gentleman from Missouri (Mr. Blunt) for reserving this special hour for a really very special guy, a real gentleman in every respect of the word. I thank the gentleman from Virginia (Mr. Bliley).

Mr. UPTON

Mr. UPTON. Mr. Speaker, I offer a concurrent resolution (H. Con. Res. 428), providing for corrections in the enrollment of the bill (H.R. 5164) amending title 49, United States Code, to require reports concerning defects in motor vehicles or tires or other motor vehicle equipment in foreign countries, and for other purposes, and ask unanimous consent for its immediate consideration.

Mr. UPTON. Mr. Speaker, This concurrent resolution authorizes the Clerk of the House to correct the enrollment of the bill, H.R. 5164, the TREAD Act. This legislation passed both the House and Senate without opposition yesterday. Due to an inadvertent drafting error, a paragraph of the amendment offered by Mr. Luther in committee was deleted from the bill reported to the House, and left out of the bill subsequently passed by both the House and Senate. This provision, which addressed the reimbursement for repairs made prior to a recall, enjoyed broad bipartisan support and was always assumed to be part of the package passed by the House. This concurrent resolution simply corrects this error, and I urge my colleagues to support it. The concurrent resolution was agreed to. A motion to reconsider was laid on the table.

Mr. UPTON

Mr. UPTON. 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 H. Con. Res. 428.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I would like to associate my remarks with those that have gone before me, both my good friend down the hall, my colleague from the great State of Michigan (Mr. Dingell), and certainly the chairman of the Subcommittee on Telecommunications, Trade and Consumer Protection, the gentleman from Louisiana (Mr. Tauzin). This effort has been bipartisan from the very start, from the very get-go. There are a lot of people here to thank. Obviously the gentleman from Virginia (Mr. Bliley) for getting this on the fast track through subcommittee and full committee last week, the hearings that the gentleman from Louisiana (Mr. Tauzin) and I conducted last month, the many hours of hearings, and his leadership on this has been refreshing for the Congress to get this done. But particularly as we have reached across on both sides of the aisle, working with my good friend the gentleman from Michigan (Mr. Dingell), the gentleman from Massachusetts (Mr. Markey) and others and the Committee on the Judiciary, we have in fact put together a bill that is solid, that is common sense. We identified major problems and we addressed them with this legislation. I looked back at the record back in the 1970s. There was another big tire recall. It was the Firestone 500 tire. A lot of evidence came forth. A lot of problems were identified. Yet the Congress did not move, the House or Senate, to actually correct it and here we are 25, 30 years later and we are undergoing the same thing. But this is much more of a tragedy, for we have lost more than 100 lives because of these tires. We have seen hundreds and hundreds of accidents, many serious injuries. What this bill does is it corrects those problems. As chairman of the Subcommittee on Oversight and Investigations, our investigative staff went out and, in fact, we did collect the evidence, we did identify the problems, and we worked very closely with the legislative subcommittee, and the gentleman from Louisiana (Mr. Tauzin) did a wonderful job of laying that out in the many days and the many hours of hearings that we had the last 6 weeks. And we worked in a bipartisan fashion to get this thing done. And here we are early now in the morning, in the waning days of the Congress trying to complete this task. The gentleman from Louisiana talked about the many positives about this bill so that in fact this cannot happen again. And now passing this tonight as we will do, or this morning I guess I should say, working with the Senate to make sure that this gets done, already talking with the White House to make sure that this bill lands on the President's desk and he is going to be able to sign it. Shame on us, shame on this Congress if we cannot get this bill done in the last couple of days. I think it is a terrific credit to the staff, to the Members, to get this bill done tonight in this bipartisan way dealing with the information that we learned over the last 4 or 5 weeks, working with all those involved on this very important issue to in fact put together a bill that would pass in the full Committee on Commerce, 42-0, and again hopefully on the floor tonight without dissent.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I rise today in strong support of H.R. 4365, the Children's Health Act of 2000. This comprehensive measure will make a significant difference in the lives of millions of children and families by boosting biomedical and clinical research on a range of conditions and diseases that afflict children with particular severity and by improving access to treatment. As a member of the Commerce Committee's Subcommittee on Health and the Environment, I was fortunate to have the opportunity to work closely with our chairman, Mike Bilirakis, who has shown great leadership on this legislation. I am especially pleased and grateful that the final version of this bill includes provisions strengthening the National Institutes of Health's focus on Duchenne muscular dystrophy research. This will be the first time that Duchenne muscular dystrophy is mentioned in the Public Health Service Act. I have seen the human face of this disease and the toll that it takes on children and families. Some time ago, I had the opportunity to visit with Don and Joyce Carpenter of Kalamazoo, MI, and their young and courageous son, Ben. Ben suffers from Duchenne muscular dystrophy. From them I learned that Duchenne muscular dystrophy is the most common and the most catastrophic form of genetic childhood disease. Sadly, it generally kills its victims in their late teens or early 20's. For decades, the only drug treatment known to somewhat alter the course of the disease in the use of steroids--whose serious side effects are well-known. We've simply got to do better. We have to find a way to prevent this devastating disorder in the first place--perhaps through the promise of gene therapy. And until we learn how to prevent it, we've got to learn how to treat it more effectively. I urge every Member of Congress to join me in voting for this bill and giving hope to Don and Joyce and Ben Carpenter and the many like them across this Nation and world. We can work miracles when we really try.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 1455) to enhance protections against fraud in the offering of financial assistance for college education, and for other purposes.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on S. 1455.

Mr. UPTON. Mr. Speaker, I yield such time as he may consume to the gentleman from Pennsylvania (Mr. Goodling), the chairman of the Committee on Education and the Workforce.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the concurrent resolution (H. Con. Res. 407) to direct the Secretary of the Senate to correct technical errors in the enrollment of S. 1455, and ask for its immediate consideration in the House.