E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, FEBRUARY 17, 2005 No. 18 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- The other type of stem cells, adult called to order by the Speaker pro tem- nal stands approved. stem cells, we are hearing, can be pore (Mrs. CAPITO). f found in many places: umbilical cord blood, fat tissue, bone marrow, muscle, f PLEDGE OF ALLEGIANCE the spleen and baby teeth, just to name DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the a few. PRO TEMPORE gentleman from Oregon (Mr. DEFAZIO) Already doctors have treated diseases The SPEAKER pro tempore laid be- come forward and lead the House in the with adult stem cells in over 45 clinical fore the House the following commu- Pledge of Allegiance. trials, and extracting them does not nication from the Speaker: Mr. DEFAZIO led the Pledge of Alle- harm anyone; and they are successfully giance as follows: WASHINGTON, DC, being used. These cells do not present February 17, 2005. I pledge allegiance to the Flag of the the serious ethical concerns and med- I hereby appoint the Honorable SHELLY United States of America, and to the Repub- ical dangers of embryo-destructive re- MOORE CAPITO to act as Speaker pro tempore lic for which it stands, one nation under God, search. on this day. indivisible, with liberty and justice for all. We need to focus our efforts on adult J. DENNIS HASTERT, f stem cells, not speculative and uneth- Speaker of the House of Representatives. MESSAGE FROM THE SENATE ical research of embryonic stem cells. f A message from the Senate by Mr. f PRAYER Monahan, one of its clerks, announced SOCIAL SECURITY REFORM that the Senate has passed a bill of the The Chaplain, the Reverend Daniel P. (Mr. DEFAZIO asked and was given following title in which the concur- Coughlin, offered the following prayer: permission to address the House for 1 rence of the House is requested: The following is an adaptation to minute. what is sometimes referred to as S. 384. An act to extend the existence of Mr. DEFAZIO. Madam Speaker, the George Washington’s prayer for this the Nazi War Crimes and Japanese Imperial debate over the future of Social Secu- country: Government Records Interagency Working Group for 2 years. rity is complex and confusing. Even the ‘‘I now make this my earnest prayer: President seems to be a bit confused. f that God would have you and the State His staged town halls have focused on over which you preside in His holy pro- ANNOUNCEMENT BY THE SPEAKER privatization, which actually makes tection; that He would incline the PRO TEMPORE the finances of Social Security worse. hearts of citizens to cultivate a spirit The SPEAKER pro tempore. The On Saturday, the President talked of respect and obedience for govern- Chair will entertain up to five requests falsely about the looming bankruptcy ment, and develop a strong affection for 1-minutes from each side. of Social Security. Worst case sce- and love for one another as fellow citi- f nario, Social Security can only pay 75 zens of the United States, especially to 80 percent of benefits starting in 40 for those who serve in our military; STEM CELL RESEARCH to 50 years. and finally that He would graciously (Mr. PITTS asked and was given per- Until yesterday, he has been pro- dispose all of us to do justice, to love mission to address the House for 1 posing cutting benefits even more to mercy and conduct ourselves with that minute and to revise and extend his re- save the system. But finally yesterday, charity, humility and peaceful disposi- marks.) he opened the door to lifting the cap on tion which are characteristic of Divine Mr. PITTS. Madam Speaker, there is the tax, on wages which people pay. Authorship. Without such virtues, we no ban or gag on stem cell research. In Right now if you earn over $90,000 a can never hope to be a happy Nation.’’ fact, more than 15,000 patients will ben- year, you do not pay any more Social Amen. efit from stem cell research this year. Security tax. If you earn $900,000 a f However, we need to distinguish be- year, you pay the Social Security tax tween the types of stem cells. Embry- at one-tenth the rate of someone who THE JOURNAL onic stem cell research has resulted in earns $40,000. That is not fair. The SPEAKER pro tempore. The no cures for diseases. Aside from the Lifting the cap would assure the sol- Chair has examined the Journal of the destruction of embryos, embryonic vency of Social Security for at least 75 last day’s proceedings and announces stem cells present two significant prob- years and potentially could give a tax to the House her approval thereof. lems, tumors and rejection. break to everybody who earns less than

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.000 H17PT1 H722 CONGRESSIONAL RECORD — HOUSE February 17, 2005 $9,000 a year under a plan I proposed in pension and drive-train of the vehicles, This budget does not do that. Commu- the last Congress. hampering their operational efficiency nity development block grants, grants Hopefully, the President will con- and making them slower. But, even to States and cities that would help tinue down the path of fixing Social worse, the fact that the floor is not cities build their infrastructure and Security first before we have a debate protected means that the insurgents fund various programs throughout the about other programs. are now targeting these up-armored ve- cities. Cuts to first responders and fire- f hicles. Just a couple of weeks ago, I fighters. Funding drug-free schools. had one of my constituents lose a foot The programs go on. We must find the ELECTRONIC PRESCRIBING SAVES because of such an attack. money to fund these programs. COPS LIVES AND MONEY Two years later, and after over $200 programs, $40 million. (Mr. MURPHY asked and was given billion that Congress has given the ad- Madam Speaker, our cities need our permission to address the House for 1 ministration for the war in Iraq, we help. We have got to do better as ap- minute and to revise and extend his re- should not approve another supple- propriators. We have to do better as marks.) mental budget request without ade- this Congress. Fund American families, Mr. MURPHY. Madam Speaker, ac- quate guarantees that, finally, the fund the cities and States so that cording to the Institute of Medicine, needs of our soldiers will be met. America can stay strong, as God in- over 7,000 people die and $29 billion are f tends. wasted every year due to medication f errors. Electronic prescribing can SUPPORT THE CLASS ACTION change lives and save money. FAIRNESS ACT TWELVE POINT COMMONSENSE Medication errors are caused when (Mr. BARRETT of South Carolina PLAN TO RESTORE FISCAL DIS- physicians confuse the names of simi- asked and was given permission to ad- CIPLINE lar drugs, assign inappropriate dosage dress the House for 1 minute and to re- (Mr. ROSS asked and was given per- levels, issue redundant medications, or vise and extend his remarks.) mission to address the House for 1 lead to harmful drug interactions, and Mr. BARRETT of South Carolina. minute.) allergic reactions. Electronic pre- Madam Speaker, in the past few years, Mr. ROSS. Madam Speaker, our Na- scribing allows doctors to automati- we have witnessed an explosion of tion finds itself today in a financial cally and securely transmit a prescrip- interstate class-action lawsuits being crisis. This year, our deficit is pro- tion to a patient’s pharmacist. This filed in our State courts, particularly jected to exceed $589 billion. Last technology eliminates the human er- in certain ‘‘magnet’’ jurisdictions. year’s deficit was $412 billion. Seventy rors caused by unreadable handwriting These ‘‘magnet’’ courts routinely ap- percent of that money was borrowed and improves the quality of care to pa- prove settlements in which lawyers re- from foreigners, including China and tients. ceive large fee awards and the class Japan. Electronic prescribing saves lives by members receive virtually nothing. We are spending nearly $1 million immediately checking a patient’s The result is a growing number of more every 60 seconds than we are tak- records to alert the physician of poten- class-action lawsuits that are losing ing in in this country. On top of that, tial conflicts with other medical condi- propositions for everyone involved, ex- we are spending nearly $1 billion a day tions, known allergies, interactions cept the lawyers that bring them. simply paying interest on the national with other active prescriptions and du- Madam Speaker, later this morning, debt, a debt that today is $7.6 trillion plicate therapies. Electronic pre- we will be debating the Class Action and rising. scribing also saves money by providing Fairness Act. This legislation closes a Yesterday, I joined my colleagues of information to physicians and patients loophole in the system by creating the fiscally conservative Democratic about lower-cost medications like Federal jurisdictions over large, multi- Blue Dog Coalition to announce a new generics, lets the doctors know which State class-action cases. It puts an end 12-point budget plan that promotes drugs are covered by their health plan, to various tricks currently used by commonsense budget reforms. One of provides valuable access to research, some lawyers to stay out of Federal those reforms includes the support of a and streamlines billing information court. And, in addition, this legislation constitutional amendment that would and reduces administration costs. creates several provisions specifically require the Federal Government to bal- Madam Speaker, we need to make pa- designed to ensure that class members, ance its budget every year. American tient safety our national goal and not their attorneys, are the primary families strive every month to live make zero errors with medications a beneficiaries of the class-action proc- within a balanced budget at home. I do priority in health systems throughout ess. not think it is asking too much to hold the country. E-prescribing is one tool I urge my colleagues to join me in our government to the same standard. we can use to make this a reality in supporting this common sense, bipar- Madam Speaker, I urge my col- saving lives and saving money. tisan plan. leagues on both sides of the aisle to f f join me in support of this 12-point, NO FURTHER SUPPLEMENTAL HELPING AMERICA STAY STRONG commonsense budget plan that will WITHOUT GUARANTEES FOR WITH STRONG FUNDING place our Nation on a path to restore fiscal discipline to our Nation’s govern- MEETING THE NEEDS OF OUR (Ms. KILPATRICK of Michigan asked ment. SOLDIERS and was given permission to address (Mr. BLUMENAUER asked and was the House for 1 minute.) f given permission to address the House Ms. KILPATRICK of Michigan. b 1015 for 1 minute.) Madam Speaker, I rise to talk about Mr. BLUMENAUER. Madam Speaker, the budget that the President has de- WRONG ANSWERS FOR SCHOOLS I, like most of my colleagues on the livered to the Committee on Appro- (Mr. PENCE asked and was given per- floor, was horrified that our soldiers in priations. We began yesterday having mission to address the House for 1 Iraq had to scavenge junk yards of hearings on that budget. minute and to revise and extend his re- former Iraqi military equipment for We have got to invest in America’s marks.) metal and sheet armor to improve families and in America’s children. Mr. PENCE. Madam Speaker, as I their own vehicles. My constituents in This budget cuts $60 billion from had the privilege to write this morning the Oregon National Guard were doing Medicaid, an insurance program for on the editorial page of USA Today, this and supplementing it with ply- children, the disabled, our States. Our nobody doubts this President’s heart wood and sandbags. States can ill-afford nursing home care for our kids. As a Governor, George W. We were promised ‘‘up-armoring’’ by for our residents. I am from the State Bush championed education reform, the administration, but this is still of Michigan, with the highest unem- and, upon being elected President, woefully inadequate. The additional ployment rate in the country. We have brought his vision for standards and weight puts increased stress on the sus- to invest in our States and our cities. school choice to Capitol Hill.

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.003 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H723 Unfortunately, the defenders of the they permit the fair and efficient resolution unnamed) who fall within the definition of status quo in education succeeded in of legitimate claims of numerous parties by the proposed or certified class in a class ac- turning the President’s original vision allowing the claims to be aggregated into a tion. for education reform into a huge in- single action against a defendant that has al- ‘‘(5) PLAINTIFF CLASS ACTION.—The term legedly caused harm. ‘plaintiff class action’ means a class action crease in the Federal Government’s (2) Over the past decade, there have been in which class members are plaintiffs. role in our local schools and, regret- abuses of the class action device that have— ‘‘(6) PROPOSED SETTLEMENT.—The term tably, they are at it again, as No Child (A) harmed class members with legitimate ‘proposed settlement’ means an agreement Left Behind II, with national testing claims and defendants that have acted re- regarding a class action that is subject to for high school students, comes to Con- sponsibly; court approval and that, if approved, would gress. (B) adversely affected interstate com- be binding on some or all class members. The American people have always merce; and ‘‘§ 1712. Coupon settlements (C) undermined public respect for our judi- ‘‘(a) CONTINGENT FEES IN COUPON SETTLE- known the government that governs cial system. MENTS.—If a proposed settlement in a class least governs best in those functions of (3) Class members often receive little or no action provides for a recovery of coupons to government closest to the family. How- benefit from class actions, and are some- a class member, the portion of any attor- ever well-intentioned, one more un- times harmed, such as where— ney’s fee award to class counsel that is at- (A) counsel are awarded large fees, while funded mandate from Washington, D.C. tributable to the award of the coupons shall leaving class members with coupons or other will not cure what ails our local be based on the value to class members of awards of little or no value; schools. Resources that promote re- the coupons that are redeemed. (B) unjustified awards are made to certain ‘‘(b) OTHER ATTORNEY’S FEE AWARDS IN form through competition and school plaintiffs at the expense of other class mem- COUPON SETTLEMENTS.— choice will. bers; and ‘‘(1) IN GENERAL.—If a proposed settlement There is nothing that ails our local (C) confusing notices are published that in a class action provides for a recovery of schools that parents and teachers of prevent class members from being able to coupons to class members, and a portion of fully understand and effectively exercise America cannot solve with the re- the recovery of the coupons is not used to de- their rights. sources and the freedom to choose. Let termine the attorney’s fee to be paid to class (4) Abuses in class actions undermine the us say no to more national testing. Let counsel, any attorney’s fee award shall be national judicial system, the free flow of us say no to No Child Left Behind II. based upon the amount of time class counsel interstate commerce, and the concept of di- f versity jurisdiction as intended by the fram- reasonably expended working on the action. ers of the United States Constitution, in ‘‘(2) COURT APPROVAL.—Any attorney’s fee CLASS ACTION FAIRNESS ACT OF under this subsection shall be subject to ap- 2005 that State and local courts are— (A) keeping cases of national importance proval by the court and shall include an ap- Mr. SENSENBRENNER. Madam out of Federal court; propriate attorney’s fee, if any, for obtaining Speaker, pursuant to House Resolution (B) sometimes acting in ways that dem- equitable relief, including an injunction, if applicable. Nothing in this subsection shall 96, I call up the Senate bill (S. 5) to onstrate bias against out-of-State defend- ants; and be construed to prohibit application of a amend the procedures that apply to lodestar with a multiplier method of deter- consideration of interstate class ac- (C) making judgments that impose their view of the law on other States and bind the mining attorney’s fees. tions to assure fairer outcomes for ‘‘(c) ATTORNEY’S FEE AWARDS CALCULATED rights of the residents of those States. ON A MIXED BASIS IN COUPON SETTLEMENTS.— class members and defendants, and for (b) PURPOSES.—The purposes of this Act other purposes, and ask for its imme- are to— If a proposed settlement in a class action diate consideration. (1) assure fair and prompt recoveries for provides for an award of coupons to class The Clerk read the title of the Senate class members with legitimate claims; members and also provides for equitable re- (2) restore the intent of the framers of the lief, including injunctive relief— bill. ‘‘(1) that portion of the attorney’s fee to be The SPEAKER pro tempore (Mrs. United States Constitution by providing for Federal court consideration of interstate paid to class counsel that is based upon a CAPITO). Pursuant to House Resolution portion of the recovery of the coupons shall 96, the bill is considered as read. cases of national importance under diversity jurisdiction; and be calculated in accordance with subsection The text of S. 5 is as follows: (3) benefit society by encouraging innova- (a); and S. 5 tion and lowering consumer prices. ‘‘(2) that portion of the attorney’s fee to be paid to class counsel that is not based upon Be it enacted by the Senate and House of Rep- SEC. 3. CONSUMER CLASS ACTION BILL OF resentatives of the United States of America in RIGHTS AND IMPROVED PROCE- a portion of the recovery of the coupons Congress assembled, DURES FOR INTERSTATE CLASS AC- shall be calculated in accordance with sub- TIONS. section (b). SECTION 1. SHORT TITLE; REFERENCE; TABLE OF ‘‘(d) SETTLEMENT VALUATION EXPERTISE.— CONTENTS. (a) IN GENERAL.—Part V is amended by in- In a class action involving the awarding of (a) SHORT TITLE.—This Act may be cited as serting after chapter 113 the following: coupons, the court may, in its discretion the ‘‘Class Action Fairness Act of 2005’’. ‘‘CHAPTER 114—CLASS ACTIONS upon the motion of a party, receive expert (b) REFERENCE.—Whenever in this Act ref- ‘‘Sec. erence is made to an amendment to, or re- ‘‘1711. Definitions. testimony from a witness qualified to pro- peal of, a section or other provision, the ref- ‘‘1712. Coupon settlements. vide information on the actual value to the erence shall be considered to be made to a ‘‘1713. Protection against loss by class mem- class members of the coupons that are re- section or other provision of title 28, United bers. deemed. ‘‘(e) JUDICIAL SCRUTINY OF COUPON SETTLE- States Code. ‘‘1714. Protection against discrimination MENTS.—In a proposed settlement under (c) TABLE OF CONTENTS.—The table of con- based on geographic location. tents for this Act is as follows: ‘‘1715. Notifications to appropriate Federal which class members would be awarded cou- and State officials. pons, the court may approve the proposed Sec. 1. Short title; reference; table of con- ‘‘§ 1711. Definitions settlement only after a hearing to determine tents. whether, and making a written finding that, Sec. 2. Findings and purposes. ‘‘In this chapter: the settlement is fair, reasonable, and ade- Sec. 3. Consumer class action bill of rights ‘‘(1) CLASS.—The term ‘class’ means all of quate for class members. The court, in its and improved procedures for the class members in a class action. discretion, may also require that a proposed interstate class actions. ‘‘(2) CLASS ACTION.—The term ‘class action’ Sec. 4. Federal district court jurisdiction for means any civil action filed in a district settlement agreement provide for the dis- interstate class actions. court of the United States under rule 23 of tribution of a portion of the value of un- Sec. 5. Removal of interstate class actions the Federal Rules of Civil Procedure or any claimed coupons to 1 or more charitable or to Federal district court. civil action that is removed to a district governmental organizations, as agreed to by Sec. 6. Report on class action settlements. court of the United States that was origi- the parties. The distribution and redemption Sec. 7. Enactment of Judicial Conference nally filed under a State statute or rule of of any proceeds under this subsection shall recommendations. judicial procedure authorizing an action to not be used to calculate attorneys’ fees Sec. 8. Rulemaking authority of Supreme be brought by 1 or more representatives as a under this section. Court and Judicial Conference. class action. ‘‘§ 1713. Protection against loss by class mem- Sec. 9. Effective date. ‘‘(3) CLASS COUNSEL.—The term ‘class coun- bers SEC. 2. FINDINGS AND PURPOSES. sel’ means the persons who serve as the at- ‘‘The court may approve a proposed settle- (a) FINDINGS.—Congress finds the fol- torneys for the class members in a proposed ment under which any class member is obli- lowing: or certified class action. gated to pay sums to class counsel that (1) Class action lawsuits are an important ‘‘(4) CLASS MEMBERS.—The term ‘class would result in a net loss to the class mem- and valuable part of the legal system when members’ means the persons (named or ber only if the court makes a written finding

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.006 H17PT1 H724 CONGRESSIONAL RECORD — HOUSE February 17, 2005 that nonmonetary benefits to the class mem- ‘‘(B) if the provision of information under (1) by redesignating subsection (d) as sub- ber substantially outweigh the monetary subparagraph (A) is not feasible, a reason- section (e); and loss. able estimate of the number of class mem- (2) by inserting after subsection (c) the fol- ‘‘§ 1714. Protection against discrimination bers residing in each State and the estimated lowing: ‘‘(d)(1) In this subsection— based on geographic location proportionate share of the claims of such members to the entire settlement; and ‘‘(A) the term ‘class’ means all of the class ‘‘The court may not approve a proposed ‘‘(8) any written judicial opinion relating members in a class action; settlement that provides for the payment of to the materials described under subpara- ‘‘(B) the term ‘class action’ means any greater sums to some class members than to graphs (3) through (6). civil action filed under rule 23 of the Federal others solely on the basis that the class ‘‘(c) DEPOSITORY INSTITUTIONS NOTIFICA- Rules of Civil Procedure or similar State members to whom the greater sums are to be TION.— statute or rule of judicial procedure author- paid are located in closer geographic prox- ‘‘(1) FEDERAL AND OTHER DEPOSITORY INSTI- izing an action to be brought by 1 or more imity to the court. TUTIONS.—In any case in which the defendant representative persons as a class action; ‘‘§ 1715. Notifications to appropriate Federal is a Federal depository institution, a deposi- ‘‘(C) the term ‘class certification order’ and State officials tory institution holding company, a foreign means an order issued by a court approving ‘‘(a) DEFINITIONS.— bank, or a non-depository institution sub- the treatment of some or all aspects of a ‘‘(1) APPROPRIATE FEDERAL OFFICIAL.—In sidiary of the foregoing, the notice require- civil action as a class action; and this section, the term ‘appropriate Federal ments of this section are satisfied by serving ‘‘(D) the term ‘class members’ means the official’ means— the notice required under subsection (b) upon persons (named or unnamed) who fall within ‘‘(A) the Attorney General of the United the person who has the primary Federal reg- the definition of the proposed or certified States; or ulatory or supervisory responsibility with class in a class action. ‘‘(B) in any case in which the defendant is respect to the defendant, if some or all of the ‘‘(2) The district courts shall have original a Federal depository institution, a State de- matters alleged in the class action are sub- jurisdiction of any civil action in which the matter in controversy exceeds the sum or pository institution, a depository institution ject to regulation or supervision by that per- value of $5,000,000, exclusive of interest and holding company, a foreign bank, or a non- son. costs, and is a class action in which— depository institution subsidiary of the fore- ‘‘(2) STATE DEPOSITORY INSTITUTIONS.—In ‘‘(A) any member of a class of plaintiffs is going (as such terms are defined in section 3 any case in which the defendant is a State a citizen of a State different from any de- of the Federal Deposit Insurance Act (12 depository institution (as that term is de- fendant; U.S.C. 1813)), the person who has the primary fined in section 3 of the Federal Deposit In- ‘‘(B) any member of a class of plaintiffs is Federal regulatory or supervisory responsi- surance Act (12 U.S.C. 1813)), the notice re- a foreign state or a citizen or subject of a bility with respect to the defendant, if some quirements of this section are satisfied by foreign state and any defendant is a citizen or all of the matters alleged in the class ac- serving the notice required under subsection of a State; or tion are subject to regulation or supervision (b) upon the State bank supervisor (as that ‘‘(C) any member of a class of plaintiffs is by that person. term is defined in section 3 of the Federal a citizen of a State and any defendant is a ‘‘(2) APPROPRIATE STATE OFFICIAL.—In this Deposit Insurance Act (12 U.S.C. 1813)) of the foreign state or a citizen or subject of a for- section, the term ‘appropriate State official’ State in which the defendant is incorporated or chartered, if some or all of the matters al- eign state. means the person in the State who has the ‘‘(3) A district court may, in the interests primary regulatory or supervisory responsi- leged in the class action are subject to regu- lation or supervision by that person, and of justice and looking at the totality of the bility with respect to the defendant, or who circumstances, decline to exercise jurisdic- upon the appropriate Federal official. licenses or otherwise authorizes the defend- tion under paragraph (2) over a class action ‘‘(d) FINAL APPROVAL.—An order giving ant to conduct business in the State, if some in which greater than one-third but less than final approval of a proposed settlement may or all of the matters alleged in the class ac- two-thirds of the members of all proposed not be issued earlier than 90 days after the tion are subject to regulation by that person. plaintiff classes in the aggregate and the pri- If there is no primary regulator, supervisor, later of the dates on which the appropriate mary defendants are citizens of the State in or licensing authority, or the matters al- Federal official and the appropriate State of- which the action was originally filed based leged in the class action are not subject to ficial are served with the notice required on consideration of— regulation or supervision by that person, under subsection (b). ‘‘(A) whether the claims asserted involve then the appropriate State official shall be ‘‘(e) NONCOMPLIANCE IF NOTICE NOT PRO- matters of national or interstate interest; the State attorney general. VIDED.— ‘‘(B) whether the claims asserted will be ‘‘(b) IN GENERAL.—Not later than 10 days ‘‘(1) IN GENERAL.—A class member may governed by laws of the State in which the after a proposed settlement of a class action refuse to comply with and may choose not to action was originally filed or by the laws of is filed in court, each defendant that is par- be bound by a settlement agreement or con- other States; ticipating in the proposed settlement shall sent decree in a class action if the class ‘‘(C) whether the class action has been serve upon the appropriate State official of member demonstrates that the notice re- pleaded in a manner that seeks to avoid Fed- each State in which a class member resides quired under subsection (b) has not been pro- eral jurisdiction; and the appropriate Federal official, a notice vided. ‘‘(D) whether the action was brought in a of the proposed settlement consisting of— ‘‘(2) LIMITATION.—A class member may not forum with a distinct nexus with the class ‘‘(1) a copy of the complaint and any mate- refuse to comply with or to be bound by a members, the alleged harm, or the defend- rials filed with the complaint and any settlement agreement or consent decree ants; amended complaints (except such materials under paragraph (1) if the notice required ‘‘(E) whether the number of citizens of the shall not be required to be served if such ma- under subsection (b) was directed to the ap- State in which the action was originally terials are made electronically available propriate Federal official and to either the filed in all proposed plaintiff classes in the through the Internet and such service in- State attorney general or the person that aggregate is substantially larger than the cludes notice of how to electronically access has primary regulatory, supervisory, or li- number of citizens from any other State, and such material); censing authority over the defendant. the citizenship of the other members of the ‘‘(2) notice of any scheduled judicial hear- ‘‘(3) APPLICATION OF RIGHTS.—The rights proposed class is dispersed among a substan- ing in the class action; created by this subsection shall apply only tial number of States; and ‘‘(3) any proposed or final notification to to class members or any person acting on a ‘‘(F) whether, during the 3-year period pre- class members of— class member’s behalf, and shall not be con- ceding the filing of that class action, 1 or ‘‘(A)(i) the members’ rights to request ex- strued to limit any other rights affecting a more other class actions asserting the same clusion from the class action; or class member’s participation in the settle- or similar claims on behalf of the same or ‘‘(ii) if no right to request exclusion exists, ment. other persons have been filed. a statement that no such right exists; and ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ‘‘(4) A district court shall decline to exer- ‘‘(B) a proposed settlement of a class ac- this section shall be construed to expand the cise jurisdiction under paragraph (2)— tion; authority of, or impose any obligations, du- ‘‘(A)(i) over a class action in which— ‘‘(4) any proposed or final class action set- ties, or responsibilities upon, Federal or ‘‘(I) greater than two-thirds of the mem- tlement; State officials.’’. bers of all proposed plaintiff classes in the ‘‘(5) any settlement or other agreement (b) TECHNICAL AND CONFORMING AMEND- aggregate are citizens of the State in which contemporaneously made between class MENT.—The table of chapters for part V is the action was originally filed; counsel and counsel for the defendants; amended by inserting after the item relating ‘‘(II) at least 1 defendant is a defendant— ‘‘(6) any final judgment or notice of dis- to chapter 113 the following: ‘‘(aa) from whom significant relief is missal; ‘‘114. Class Actions ...... 1711’’. sought by members of the plaintiff class; ‘‘(7)(A) if feasible, the names of class mem- SEC. 4. FEDERAL DISTRICT COURT JURISDIC- ‘‘(bb) whose alleged conduct forms a sig- bers who reside in each State and the esti- TION FOR INTERSTATE CLASS AC- nificant basis for the claims asserted by the mated proportionate share of the claims of TIONS. proposed plaintiff class; and such members to the entire settlement to (a) APPLICATION OF FEDERAL DIVERSITY JU- ‘‘(cc) who is a citizen of the State in which that State’s appropriate State official; or RISDICTION.—Section 1332 is amended— the action was originally filed; and

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.003 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H725 ‘‘(III) principal injuries resulting from the which the action was filed, and that alleg- sion under paragraph (3), the appeal shall be alleged conduct or any related conduct of edly resulted in injuries in that State or in denied. each defendant were incurred in the State in States contiguous to that State; ‘‘(d) EXCEPTION.—This section shall not which the action was originally filed; and ‘‘(II) the claims are joined upon motion of apply to any class action that solely in- ‘‘(ii) during the 3-year period preceding the a defendant; volves— filing of that class action, no other class ac- ‘‘(III) all of the claims in the action are as- ‘‘(1) a claim concerning a covered security tion has been filed asserting the same or serted on behalf of the general public (and as defined under section 16(f)(3) of the Secu- similar factual allegations against any of not on behalf of individual claimants or rities Act of 1933 (15 U.S.C. 78p(f)(3)) and sec- the defendants on behalf of the same or other members of a purported class) pursuant to a tion 28(f)(5)(E) of the Securities Exchange persons; or State statute specifically authorizing such Act of 1934 (15 U.S.C. 78bb(f)(5)(E)); ‘‘(B) two-thirds or more of the members of action; or ‘‘(2) a claim that relates to the internal af- all proposed plaintiff classes in the aggre- ‘‘(IV) the claims have been consolidated or fairs or governance of a corporation or other gate, and the primary defendants, are citi- coordinated solely for pretrial proceedings. form of business enterprise and arises under zens of the State in which the action was ‘‘(C)(i) Any action(s) removed to Federal or by virtue of the laws of the State in which originally filed. court pursuant to this subsection shall not such corporation or business enterprise is in- ‘‘(5) Paragraphs (2) through (4) shall not thereafter be transferred to any other court corporated or organized; or apply to any class action in which— pursuant to section 1407, or the rules promul- ‘‘(3) a claim that relates to the rights, du- ‘‘(A) the primary defendants are States, gated thereunder, unless a majority of the ties (including fiduciary duties), and obliga- State officials, or other governmental enti- plaintiffs in the action request transfer pur- tions relating to or created by or pursuant to ties against whom the district court may be suant to section 1407. any security (as defined under section 2(a)(1) foreclosed from ordering relief; or ‘‘(ii) This subparagraph will not apply— of the Securities Act of 1933 (15 U.S.C. ‘‘(B) the number of members of all pro- ‘‘(I) to cases certified pursuant to rule 23 of 77b(a)(1)) and the regulations issued there- posed plaintiff classes in the aggregate is the Federal Rules of Civil Procedure; or under).’’. less than 100. ‘‘(II) if plaintiffs propose that the action (b) TECHNICAL AND CONFORMING AMEND- ‘‘(6) In any class action, the claims of the proceed as a class action pursuant to rule 23 MENTS.—The table of sections for chapter 89 individual class members shall be aggregated of the Federal Rules of Civil Procedure. is amended by adding after the item relating to determine whether the matter in con- ‘‘(D) The limitations periods on any claims to section 1452 the following: troversy exceeds the sum or value of asserted in a mass action that is removed to ‘‘1453. Removal of class actions.’’. $5,000,000, exclusive of interest and costs. Federal court pursuant to this subsection ‘‘(7) Citizenship of the members of the pro- shall be deemed tolled during the period that SEC. 6. REPORT ON CLASS ACTION SETTLE- posed plaintiff classes shall be determined the action is pending in Federal court.’’. MENTS. for purposes of paragraphs (2) through (6) as (b) CONFORMING AMENDMENTS.— (a) IN GENERAL.—Not later than 12 months of the date of filing of the complaint or (1) Section 1335(a)(1) is amended by insert- after the date of enactment of this Act, the amended complaint, or, if the case stated by ing ‘‘subsection (a) or (d) of’’ before ‘‘section Judicial Conference of the United States, the initial pleading is not subject to Federal 1332’’. with the assistance of the Director of the jurisdiction, as of the date of service by (2) Section 1603(b)(3) is amended by strik- Federal Judicial Center and the Director of plaintiffs of an amended pleading, motion, or ing ‘‘(d)’’ and inserting ‘‘(e)’’. the Administrative Office of the United other paper, indicating the existence of Fed- States Courts, shall prepare and transmit to eral jurisdiction. SEC. 5. REMOVAL OF INTERSTATE CLASS AC- TIONS TO FEDERAL DISTRICT the Committees on the Judiciary of the Sen- ‘‘(8) This subsection shall apply to any ate and the House of Representatives a re- class action before or after the entry of a COURT. port on class action settlements. class certification order by the court with (a) IN GENERAL.—Chapter 89 is amended by respect to that action. adding after section 1452 the following: (b) CONTENT.—The report under subsection ‘‘(9) Paragraph (2) shall not apply to any ‘‘§ 1453. Removal of class actions (a) shall contain— (1) recommendations on the best practices class action that solely involves a claim— ‘‘(a) DEFINITIONS.—In this section, the that courts can use to ensure that proposed ‘‘(A) concerning a covered security as de- terms ‘class’, ‘class action’, ‘class certifi- class action settlements are fair to the class fined under 16(f)(3) of the Securities Act of cation order’, and ‘class member’ shall have members that the settlements are supposed 1933 (15 U.S.C. 78p(f)(3)) and section 28(f)(5)(E) the meanings given such terms under section to benefit; of the Securities Exchange Act of 1934 (15 1332(d)(1). (2) recommendations on the best practices U.S.C. 78bb(f)(5)(E)); ‘‘(b) IN GENERAL.—A class action may be that courts can use to ensure that— ‘‘(B) that relates to the internal affairs or removed to a district court of the United (A) the fees and expenses awarded to coun- governance of a corporation or other form of States in accordance with section 1446 (ex- sel in connection with a class action settle- business enterprise and that arises under or cept that the 1-year limitation under section ment appropriately reflect the extent to by virtue of the laws of the State in which 1446(b) shall not apply), without regard to which counsel succeeded in obtaining full re- such corporation or business enterprise is in- whether any defendant is a citizen of the dress for the injuries alleged and the time, corporated or organized; or State in which the action is brought, except expense, and risk that counsel devoted to the ‘‘(C) that relates to the rights, duties (in- that such action may be removed by any de- litigation; and cluding fiduciary duties), and obligations re- fendant without the consent of all defend- (B) the class members on whose behalf the lating to or created by or pursuant to any se- ants. settlement is proposed are the primary bene- curity (as defined under section 2(a)(1) of the ‘‘(c) REVIEW OF REMAND ORDERS.— ficiaries of the settlement; and Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and ‘‘(1) IN GENERAL.—Section 1447 shall apply (3) the actions that the Judicial Conference the regulations issued thereunder). to any removal of a case under this section, of the United States has taken and intends ‘‘(10) For purposes of this subsection and except that notwithstanding section 1447(d), to take toward having the Federal judiciary section 1453, an unincorporated association a court of appeals may accept an appeal from implement any or all of the recommenda- shall be deemed to be a citizen of the State an order of a district court granting or deny- tions contained in the report. where it has its principal place of business ing a motion to remand a class action to the (c) AUTHORITY OF FEDERAL COURTS.—Noth- and the State under whose laws it is orga- State court from which it was removed if ap- ing in this section shall be construed to alter nized. plication is made to the court of appeals not ‘‘(11)(A) For purposes of this subsection the authority of the Federal courts to super- less than 7 days after entry of the order. and section 1453, a mass action shall be vise attorneys’ fees. ‘‘(2) TIME PERIOD FOR JUDGMENT.—If the deemed to be a class action removable under SEC. 7. ENACTMENT OF JUDICIAL CONFERENCE paragraphs (2) through (10) if it otherwise court of appeals accepts an appeal under paragraph (1), the court shall complete all RECOMMENDATIONS. meets the provisions of those paragraphs. Notwithstanding any other provision of ‘‘(B)(i) As used in subparagraph (A), the action on such appeal, including rendering law, the amendments to rule 23 of the Fed- term ‘mass action’ means any civil action judgment, not later than 60 days after the eral Rules of Civil Procedure, which are set (except a civil action within the scope of sec- date on which such appeal was filed, unless forth in the order entered by the Supreme tion 1711(2)) in which monetary relief claims an extension is granted under paragraph (3). of 100 or more persons are proposed to be ‘‘(3) EXTENSION OF TIME PERIOD.—The court Court of the United States on March 27, 2003, tried jointly on the ground that the plain- of appeals may grant an extension of the 60- shall take effect on the date of enactment of tiffs’ claims involve common questions of day period described in paragraph (2) if— this Act or on December 1, 2003 (as specified law or fact, except that jurisdiction shall ‘‘(A) all parties to the proceeding agree to in that order), whichever occurs first. exist only over those plaintiffs whose claims such extension, for any period of time; or SEC. 8. RULEMAKING AUTHORITY OF SUPREME in a mass action satisfy the jurisdictional ‘‘(B) such extension is for good cause COURT AND JUDICIAL CONFERENCE. amount requirements under subsection (a). shown and in the interests of justice, for a Nothing in this Act shall restrict in any ‘‘(ii) As used in subparagraph (A), the term period not to exceed 10 days. way the authority of the Judicial Conference ‘mass action’ shall not include any civil ac- ‘‘(4) DENIAL OF APPEAL.—If a final judg- and the Supreme Court to propose and pre- tion in which— ment on the appeal under paragraph (1) is scribe general rules of practice and proce- ‘‘(I) all of the claims in the action arise not issued before the end of the period de- dure under chapter 131 of title 28, United from an event or occurrence in the State in scribed in paragraph (2), including any exten- States Code.

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.003 H17PT1 H726 CONGRESSIONAL RECORD — HOUSE February 17, 2005 SEC. 9. EFFECTIVE DATE. ducing outrageous settlements that Mr. CONYERS. Madam Speaker, I The amendments made by this Act shall benefit only lawyers and trample the yield myself such time as I may con- apply to any civil action commenced on or rights of class members. Class actions sume. after the date of enactment of this Act. were originally created to efficiently Madam Speaker, with the consider- The SPEAKER pro tempore. After 90 address a large number of similar ation of this legislation, the majority minutes of debate on the bill, it shall claims by people suffering small begins their assault on our Nation’s be in order to consider the amendment harms. Today they are too often used civil justice system. Today we will at- in the nature of a substitute printed in to efficiently transfer the large fees to tempt to preempt State class actions. House Report 109–7, if offered by the a small number of trial lawyers, with Next month we will take up a bank- gentleman from Michigan (Mr. CON- little benefit to the plaintiffs. ruptcy bill that massively tilts the YERS) or his designee, which shall be The present rules encourage a race to playing field in favor of credit card considered read and shall be debatable any available State courthouse in the companies and against ordinary con- for 40 minutes equally divided and con- hopes of a rubber-stamped nationwide sumers and workers alike. On deck and trolled by the proponent and opponent. settlement that produces millions in pending are equally one-sided medical The gentleman from Wisconsin (Mr. attorney’s fees for the winning plain- malpractice bills and asbestos bills SENSENBRENNER) and the gentleman tiff’s attorney. The race to settle pro- that both cap damages and eliminate from Michigan (Mr. CONYERS) each will duces outcomes that favor expediency liability to protect some of the most control 45 minutes of debate on the and profits for lawyers over justice and egregious wrongdoers in America. bill. fairness for consumers. The losers in The majority’s assault on victims The Chair recognizes the gentleman this race are the victims who often and consumers is unprecedented in its from Wisconsin (Mr. SENSENBRENNER). gain little or nothing through the set- scope and stunning in its breadth. Col- GENERAL LEAVE tlement, yet are bound by it in per- lectively, these measures will close the Mr. SENSENBRENNER. Madam petuity. And all Americans bear the courthouse doors on millions of Ameri- Speaker, I ask unanimous consent that cost of these settlements through in- cans harmed by intentional wrong- all Members may have 5 legislative creased prices for goods and services. doing, negligence, and fraud. And so, days within which to revise and extend The bill before the House today offers long after the 109th Congress has for- their remarks and include extraneous commonsense procedural changes that gotten, American consumers and work- material on S. 5. will end the most serious abuses by al- ers will be paying the price for these The SPEAKER pro tempore. Is there lowing more interstate class actions to special interest bills through needless objection to the request of the gen- be heard in Federal courts while keep- injuries and uncompensated harm. This legislation will remove class ac- tleman from Wisconsin? ing truly local cases in State courts. tions involving State law issues from There was no objection. Its core provisions are similar to those State courts, the forum most conven- Mr. SENSENBRENNER. Madam passed by this body in the last three ient for victims of wrongdoing and Speaker, I yield myself such time as I Congresses. S. 5 also implements a con- with the judges most familiar with the may consume. sumer bill of rights that will keep class substantive law, and this legislation Madam Speaker, I rise in strong sup- members from being used by the law- will move it to the Federal courts port of S. 5, the Class Action Fairness yers they never hired to engage in liti- Act of 2005. Today marks the culmina- where the case will take far longer to gation they do not know about or to resolve and is far less likely to be cer- tion of nearly a decade of legislative ef- extort money they will never see. forts to end systematic abuse of our tified. Madam Speaker, when the House Now, you do not need to take my Nation’s class action system. We stand considered this important reform in word for it. Let us just ask big business on the cusp of sending landmark legis- the last Congress, I remarked that, itself. The Nation’s largest bank, lation on civil-justice reform to the ‘‘The class action judicial system has Citicorp admits ‘‘the practical effect President that has been approved by become a joke, and no one is laughing (of the bill will) be that many cases increasing majorities each time it has except the trial lawyers . . . all the will never be heard. Federal judges fac- been considered by the House in each of way to the bank.’’ ing overburdened dockets and ambigu- the last three Congresses and which I imagine that laughter turned to ities about applying State laws in a passed the other body last week with nervous chuckles when S. 5 emerged Federal court, often refuse to grant an overwhelming majority of 72 votes. unscathed from the gauntlet in the standing to class action plaintiffs.’’ Since these reforms were first pro- other body with 72 votes last week. Forbes Magazine writes, ‘‘The legis- posed, the magnitude of the class ac- Today, as the House prepares to pass lation will . . . make it more difficult tion crisis, the need to address it has this bill, I suspect you could hear a pin for plaintiffs to prevail, since . . . fed- become more and more urgent. The cri- drop in the halls of infamous court- eral courts are . . . less open to consid- sis now threatens the integrity of our houses located in Madison County, Illi- ering . . . class action claims.’’ civil justice system and undermines nois and Jefferson County, Texas, Passage of this legislation would be the economic vitality upon which job where for so long the good times have particularly devastating for civil creation depends. rolled for forum-shopping plaintiffs’ at- rights cases and labor law cases. As the A major element of the worsening torneys and the judges who enable Lawyers Committee For Civil Rights crisis is the exponential increase in them. And when this legislation is Under The Law explained, ‘‘The con- State class action cases in a handful of signed by the President one day soon, sequences of the legislation for civil ‘‘magnet’’ or ‘‘magic’’ jurisdictions, those same halls may echo with sobs rights class actions . . . will be as- many of which deal with national and curses because this time justice tounding and, in our view, disastrous. issues in classes. In the last 10 years, and fairness and the American people Redirecting State law class actions to State court class actions filings na- will have the last laugh. the Federal courts will choke Federal tionwide have increased over 1,315 per- Madam Speaker, after years of toil, court dockets and delay or foreclose cent. The infamous handful of magnet the moment has arrived. The oppor- the timely and effective determination courts known for certifying even the tunity to restore common sense, ra- of Federal (civil rights) cases.’’ most speculative class action suits, the tionality, and dignity to our class ac- Since the November election we have increase in filings now exceeds 5,000 tion system is now before us, and the heard a lot of talk about values, and percent. The only explanation for this need for reform has never been more that is fine; but will someone during phenomenon is aggressive forum shop- certain. I urge my colleagues to sup- this discourse today tell me where the ping by trial lawyers to find courts and port the Class Action Fairness Act of value is in denying senior citizens who judges who will act as willing accom- 2005. suffered heart attacks because they plices in a judicial power grab, hearing Madam Speaker, I reserve the bal- took Vioxx for their arthritis? Where is nationwide cases and setting policy for ance of my time. the morality in preventing poor work- the entire country. (Mr. CONYERS asked and was given ers from joining together to obtain A second major feature of the present permission to revise and extend his re- compensation when unscrupulous em- class action crisis is a system pro- marks.) ployers pay them slave-labor wages?

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.003 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H727 Where is the righteousness in telling Federal court in the State in which the This legislation is also opposed by victims of discrimination that they State class action has been filed. many of the Nation’s editorial boards will have to wait years for a Federal In the Federal court, the rights of in the newspaper business. A New York court to consider violations of their plaintiffs will be more carefully ob- Times editorial board just this week- own State laws? served. Any settlement involving non- end wrote this about the measure that If we have learned anything from the cash compensation will be carefully re- is before the House today: ‘‘Instead of Enron, TYCO, Firestone, and other viewed to assure that it is fair. Under narrowly focusing on real abuses of the legal debacles, it is that our citizens the bill, cases that are local in scope system, the measure reconfigures the need more protection against wrong- will remain in the State court where civil justice system to achieve a sig- doers in our society, not less. And yet they are initially filed. nificant rollback of corporate account- the class action bill before us takes us I want to commend the gentleman ability and people’s rights. The main in precisely the opposite direction. from Virginia (Mr. GOODLATTE) for the impact of the bill, which has the sort of The House should reject this one- thoughtful leadership that he has pro- propagandistic title normally assigned sided, anti-consumer and anti-civil vided in steering this measure to the to such laws, the Class Action Fairness rights legislation. point of passage today. The gentleman Act, will be to funnel nearly all major Madam Speaker, I reserve the bal- from Virginia (Mr. GOODLATTE) has ex- class action lawsuits out of State ance of my time. hibited both foresight and patience and courts and into already overburdened Mr. SENSENBRENNER. Madam as chief sponsor of the bill through Federal courts. That will inevitably Speaker, I yield 3 minutes to the gen- three Congresses deserves tremendous make it harder for Americans to pur- tleman from Virginia (Mr. BOUCHER) to credit for the success that we are now sue legitimate claims successfully show the breadth of the bipartisan sup- on the brink of achieving. against companies that violate State port of this legislation. I also want to commend the gen- consumer, health, civil rights and envi- (Mr. BOUCHER asked and was given tleman from Wisconsin (Mr. SENSEN- ronmental protection laws.’’ permission to revise and extend his re- BRENNER) for the wise course that he Madam Speaker, I reserve the bal- marks.) has followed as chairman of the House ance of my time. Mr. BOUCHER. Madam Speaker, I Committee on the Judiciary in permit- Mr. SENSENBRENNER. Madam thank the gentleman from Wisconsin ting the Senate to act in advance of Speaker, I yield myself such time as I (Mr. SENSENBRENNER) for yielding me our action today. may consume. time. I want to commend our former House (Mr. SENSENBRENNER asked and Madam Speaker, I am pleased to rise colleague, Senator Tom Carper, for the was given permission to revise and ex- this morning in support of the bill be- outstanding work he performed in ne- tend his remarks.) fore us. In the two decades that I have gotiating changes to the measure Mr. SENSENBRENNER. Madam been privileged to serve in the House, which resulted in 72 Members of the Speaker, first, I have a lengthy addi- the class action measure that is before Senate voting to approve this reform. tional statement explaining how this us today is the most modest litigation I hope the House will also lend its bill is to work. We do not have the reform that has been debated, and it support to this reform. time in general debate for me to give strikes in a narrow and appropriate Mr. CONYERS. Madam Speaker, I this statement on the floor, so I will way at an egregious abuse of justice. yield myself as much time as I may insert the statement relative to the in- The bill before us makes procedural consume. tent of the managers of the bill in the changes only. There are no restrictions The gentleman from Virginia (Mr. RECORD at this point. on the substantive rights of plaintiffs. BOUCHER) is a dear friend of mine, and Madam Speaker, I would like to provide a There are no caps on damages. There is I merely want to take one observation brief summary of the provisions in Sections 4 no elimination on the rights of plain- that he made, that this is just a proce- and 5 of S. 5, the Class Action Fairness Act tiffs to recover. dural process and that there is no sub- of 2005. Section 4 gives Federal courts juris- The bill simply permits the removal stantive changes, but I say to him, if diction over class action lawsuits in which the to Federal courts of class actions that the legal system is rigged and the rules aggregate amount in controversy exceeds $5 are truly national in scope, with plain- are stacked against you, you never million, and at least one plaintiff and one de- tiffs living across the Nation and the have to get to the substance; you do fendant are diverse. Overall, new section large corporate defendant, even if the not even get your day in court. 1332(d) is intended to expand substantially current diversity of citizenship rules That is the problem with this bill. It Federal court jurisdiction over class actions. are not strictly met. is a procedural process that prevents Its provisions should be read broadly, with a This change is much needed. Cases people from bringing actions in State strong preference that interstate class actions that are truly national in scope are courts, and we are sending it to the should be heard in a Federal court if removed being filed as State class actions before Federal courts when both the Federal by any defendant. If a purported class action certain favored judges who employ an judiciary has spoken against this meas- is removed under these jurisdictional provi- almost ‘‘anything goes’’ approach that ure and the State judges have spoken sions, the named plaintiff(s) should bear the remedies virtually any controversy against this measure as well. I think burden of demonstrating that the removal was subject to certification as a class ac- that that should be a very instructive improper. And if a Federal court is uncertain tion. Once certification occurs, there is criticism against this bill. about whether the $5 million threshold is satis- then a rush to settle the cases. The The proposal before us is opposed by fied, the court should err in favor of exercising lawyer who filed the case makes an both State and Federal judiciaries. It is jurisdiction over the case. offer that is hard for the corporate de- opposed by the National Council of The Sponsors intend that in a case seeking fendant to refuse. State Legislatures; consumers and pub- injunctive relief, a matter be subject to Federal lic interest groups, including Public jurisdiction under this provision if the value of b 1030 Citizen, the Consumers Federation of the matter in litigation exceeds $5 million ei- He asks for large fees in the millions America, the Consumers Union, the ther from the viewpoint of the plaintiff or the of dollars for himself and coupons for United States PIRG; a coalition of en- defendant, and regardless of the type of relief the plaintiff class members that he rep- vironmental advocates; health advo- sought (e.g., damages, injunctive relief, or de- resents. Rather than go through years cates, including the Campaign for To- claratory relief). Similarly, in assessing the ju- of expensive litigation, the defendant bacco Free Kids; civil rights groups risdictional amount in declaratory relief cases, settles. The judge who certified the such as the Alliance for Justice, the the Federal court should include in its assess- class quickly approves the settlement. Leadership Conference on Civil Rights, ment the value of all relief and benefits that The lawyer who filed the case gets rich. the National Association for the Ad- would logically flow from granting the declara- The plaintiff class members get vir- vancement of Colored People, and the tory relief sought by the claimants. For exam- tually nothing. Lawyers’ Committee for Civil Rights ple, a declaration that a defendant’s conduct is That is the problem that this bill is and labor such as the American Fed- unlawful or fraudulent will carry certain con- designed to address. It permits the re- eration of Labor-Congress of Industrial sequences, such as the need to cease and moval of these national cases to the Organizations, AFL–CIO. desist from that conduct, that will often ‘‘cost’’

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K17FE7.008 H17PT1 H728 CONGRESSIONAL RECORD — HOUSE February 17, 2005 the defendant in excess of $5 million. In addi- The fifth factor asks whether the number of mary focus of the plaintiffs’ claims—not just a tion, the law is clear that, once a Federal court citizens of the forum State in the proposed peripheral defendant. The local defendant properly has jurisdiction over a case removed plaintiff class(es) is substantially larger than must be a target from whom significant relief to Federal court, subsequent events cannot the number of citizens from any other State, is sought by the class (as opposed to just a ‘‘oust’’ the Federal court of jurisdiction. While and the citizenship of the other members of subset of the class membership), as well as plaintiffs can seek to avoid Federal jurisdiction the proposed class(es) is dispersed among a being a defendant whose alleged conduct by defining a proposed class in particular substantial number of States. If all of the class forms a significant basis for the claims as- ways, they lose that power once the case was members who do not reside in the State serted by the class. Similarly, the third cri- properly removed. where the action was filed are widely dis- terion is that the principal injuries resulting New subsections 1332( d)(3) and (d)(4)(B) persed among many other States, that point from the actions of all the defendants must address the jurisdictional principles that will would suggest that the interests of the forum have occurred in the State where the suit was apply to class actions filed against a defend- State in litigating the controversy are pre- filed. By this criterion, the Sponsors mean that ant in its home State, dividing such cases into eminent. However, if a court finds that the citi- all or almost all of the damage caused by de- three categories. First, for cases in which two- zenship of the other class members is not fendants’ alleged conduct occurred in the thirds or more of the members of the plaintiff widely dispersed, the opposite balance would State where the suit was brought. The pur- class and the primary defendants are citizens be indicated and a Federal forum would be fa- pose of this criterion is to ensure that this ex- of the State in which the suit was filed, sub- vored. Finally, the sixth factor is whether one ception is used only where the impact of the section 1332(d)(4)(B) states that such cases or more class actions asserting the same or misconduct alleged by the purported class is will remain in State court. Second, cases in similar claims on behalf of the same or other localized. For example, a class action in which which more than two-thirds of the members of persons have been filed in the last three local residents seek compensation for property the plaintiff class or one or more of the pri- years. The purpose of this factor is efficiency damage resulting from a chemical leak at a mary defendants are not citizens of the forum and fairness: To determine whether a matter manufacturing plant in that community would State will be subject to Federal jurisdiction should be subject to Federal jurisdiction so fit this criterion, provided that the property since such cases are predominantly interstate that it can be coordinated with other overlap- damage was limited to residents in the vicinity in nature. Finally, there is a middle category of ping or parallel class actions. If other class ac- of the plant. However, if the defendants en- class actions in which more than one-third but tions on the same subject have been (or are gaged in conduct that could be alleged to fewer than two-thirds of the members of the likely to be) filed elsewhere, the Sponsors in- have injured consumers throughout the coun- plaintiff class and the primary defendants are tend that this consideration would strongly try or broadly throughout several States (such all citizens of the State in which the action favor the exercise of Federal jurisdiction. It is as an insurance or product case), the case was filed. In such cases, the numbers alone the Sponsors’ intention that this factor be in- would not qualify for this exception, even if it may not always confirm that the litigation is terpreted liberally and that plaintiffs not be were brought only as a single-State class ac- more fairly characterized as predominantly able to plead around it with creative legal tion. interstate in character. New subsection theories. If a plaintiff brings a product liability The fourth and final criterion is that no other 1332(d)(3) therefore gives Federal courts dis- suit alleging consumer fraud or unjust enrich- class action involving similar allegations has cretion, in the ‘‘interests of justice,’’ to decline ment, and another suit was previously brought been filed against any of the defendants over to exercise jurisdiction over such cases based against some of the same defendants alleging the last three years on behalf of the same or on the consideration of five factors. negligence with regard to the same product, other persons. Once again, the Sponsors wish First, the court should consider whether the this factor would favor the exercise of Federal to stress that the inquiry under this criterion claims asserted are of ‘‘significant national or jurisdiction over the later-filed claim. should not be whether identical (or nearly interstate interest.’’ Under this factor, if a case New subsection 1332(d)(4)(A) is the ‘‘Local identical) class actions have been filed. Rath- presents issues of national or interstate signifi- Controversy Exception.’’ This subsection pro- er, the inquiry is whether similar factual allega- cance, that argues in favor of the matter being hibits Federal courts from exercising diversity tions have been made against the defendant handled in Federal court. Second, the court jurisdiction over a class action under the fore- in multiple class actions, regardless of whether should consider whether the claims asserted going provisions if the plaintiffs clearly dem- the same causes of actions were asserted or will be governed by laws other than those of onstrate that each and every one of the fol- whether the purported plaintiff classes were the forum State. Under this factor, if the Fed- lowing criteria are satisfied in the case at the same (or even overlapped in significant re- eral court determines that multiple State laws issue. First, more than two-thirds of class spects). will apply to aspects of the class action, that members are citizens of the forum State. Sec- New subsections 1332(d)(5)(A) and (B) determination would favor having the matter ond, there is at least one in-State defendant specify that S. 5 does not extend Federal di- heard in the Federal court system, which has from whom significant relief is sought by mem- versity jurisdiction to class actions in which (a) a record of being more respectful of the laws bers of the class and whose conduct forms a the primary defendants are States, State offi- of the various States in the class action con- significant basis of plaintiffs’ claims. Third, the cials, or other governmental entities against text. The third factor is whether the class ac- principal injuries resulting from the alleged whom the district court may be foreclosed tion has been pleaded in a manner that seeks conduct, or related conduct, of each defendant from ordering relief, or (b) the number of to avoid Federal jurisdiction. The purpose of were incurred in the State where the action members of all proposed plaintiff classes in this inquiry is to determine whether the plain- was originally filed. And fourth, no other class the aggregate is fewer than 100 class mem- tiffs have proposed a ‘‘natural’’ class that en- action asserting the same or similar factual al- bers. The purpose of the ‘‘State action’’ cases compasses all of the people and claims that legations against any of the defendants on be- provision is to prevent States, State officials, one would expect to include in a class action, half of the same or other persons has been or other governmental entities from dodging as opposed to proposing a class that appears filed during the preceding three years. legitimate claims by removing class actions to to be gerrymandered solely to avoid Federal This provision is intended to respond to con- Federal court and then arguing that the Fed- jurisdiction by leaving out certain potential cerns that class actions with a truly local focus eral courts are constitutionally prohibited from class members or claims. If the Federal court should not be moved to Federal court under granting the requested relief. However, Fed- concludes evasive pleading is involved, that this legislation because State courts have a eral courts should proceed cautiously before factor would favor the exercise of Federal ju- strong interest in adjudicating such disputes. declining Federal jurisdiction under the ‘‘State risdiction. The fourth factor considers whether At the same time, this is a narrow exception action’’ case exception, and do so only when there is a ‘‘distinct’’ nexus between: (a) The that was carefully drafted to ensure that it it is clear that the primary defendants are in- forum where the action was brought, and (b) does not become a jurisdictional loophole. deed States, State officials, or other govern- the class members, the alleged harm, or the Thus, in assessing whether each of these cri- mental entities against whom the ‘‘court may defendants. This factor is intended to take ac- teria is satisfied by a particular case, a Fed- be foreclosed from ordering relief.’’ The Spon- count of a major concern that led to this legis- eral court should bear in mind that the pur- sors wish to stress that this provision should lation—the filing of lawsuits in out-of-the-way pose of each of these criteria is to identify a not become a subterfuge for avoiding Federal ‘‘magnet’’ State courts that have no real rela- truly local controversy—a controversy that jurisdiction. In particular, plaintiffs should not tionship to the controversy at hand. Thus, for uniquely affects a particular locality to the ex- be permitted to name State entities as defend- example, if the majority of proposed class clusion of all others. For example, under the ants as a mechanism to avoid Federal jurisdic- members and the defendant reside in the second criterion, there must be at least one tion over class actions that largely target non- county where the suit is brought, the court real local defendant. By that, the Sponsors in- governmental defendants. The Sponsors in- might find a distinct nexus exists. tend that the local defendant must be a pri- tend that ‘‘primary defendants’’ be interpreted

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\A17FE7.004 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H729 to reach those defendants who are the real teria are satisfied by the action, including (1) Thank you, Madam Speaker, for allowing ‘‘targets’’ of the lawsuit—i.e., the defendants when all the claims asserted in the action me to provide an explanation of these jurisdic- that would be expected to incur most of the arise out of an event or occurrence in the tional provisions. loss if liability is found. It is the Sponsors’ in- State where, the suit is filed and the injuries Madam Speaker, for purposes of en- tention with regard to each of these excep- were incurred in that State and contiguous gaging in a colloquy with the two gen- tions that the party opposing Federal jurisdic- States (e.g., a toxic spill case) and (2) when tlemen from Virginia (Mr. GOODLATTE) tion shall have the burden of demonstrating the claims are asserted on behalf of the gen- and (Mr. BOUCHER), I yield to the gen- the applicability of an exemption. eral public (and not on behalf of individual tleman from Virginia (Mr. GOODLATTE). The Sponsors understand that in assessing claimants or members of a purported class) Mr. GOODLATTE. Madam Speaker, I the various criteria established in all of these pursuant to a State statute specifically author- thank the chairman very much for new jurisdictional provisions, a Federal court izing such an action. yielding. may have to engage in some fact-finding, not The first exception would apply only to a Madam Speaker, the general prin- unlike what is necessitated by the existing ju- truly local single event with no substantial ciples behind S. 5 and many of the pro- risdictional statutes. The Sponsors further un- interstate effects. The purpose of this excep- visions in the legislation are similar to derstand that in some instances, limited dis- tion is to allow cases involving environmental those in H.R. 1115, which the House covery may be necessary to make these de- torts such as a chemical spill to remain in passed in 2003, and S. 274, which was terminations. However, the Sponsors caution State court if both the event and the injuries voted out of committee in the Senate that these jurisdictional determinations should were truly local, even though there are some in 2003 but did not ultimately pass. be made largely on the basis of readily avail- out-of-State defendants. By contrast, this ex- To the extent these provisions are able information. Allowing substantial, burden- ception would not apply to a product liability or the same, the House Committee on the some discovery on jurisdictional issues would insurance case. The second exception also Judiciary’s report on H.R. 1115 and the be contrary to the intent of these provisions to addresses a very narrow situation, specifically Senate Committee on the Judiciary’s encourage the exercise of Federal jurisdiction a law like the California Unfair Competition report on S. 274 reflect the intent and over class actions. Law, which allows individuals to bring a suit understanding of the committee and Under new subsection 1332(d)(9), the Act on behalf of the general public. the sponsors as to the import of these excludes from its jurisdictional provisions class Subsection 1332(d)(11)(B)(i) includes a provisions. However, there are several actions that solely involve claims that relate to statement indicating that jurisdiction exists new provisions in S. 5 regarding Fed- matters of corporate governance arising out of only over those plaintiffs whose claims in a eral jurisdiction over class actions that State law. The purpose of this provision is to mass action satisfy the jurisdictional amount were not included in prior versions of avoid disturbing in any way the Federal vs. requirements under section 1332(a). It is the the legislation. State court jurisdictional lines already drawn in Sponsors’ intent that although remands of indi- I would like to ask my colleague, the the securities litigation class action context by vidual claims not meeting the section 1332 ju- chairman of the Committee on the Ju- the enactment of the Securities Litigation Uni- risdictional amount requirement may take the diciary, to provide an overview of the form Standards Act of 1998. The Sponsors in- action below the 100-plaintiff jurisdictional jurisdictional provisions in the legisla- tend that this exemption be narrowly con- threshold or the $5 million jurisdictional tion, and I would like to discuss the strued. By corporate governance litigation, the amount requirement, those subsequent re- various exceptions included in the leg- mands should not extinguish Federal diversity Sponsors mean only litigation based solely on islation and the intent of the sponsors jurisdiction over the action as long as the (a) State statutory law regulating the organiza- with regard to these exceptions. mass action met the various jurisdictional re- tion and governance of business enterprises Mr. SENSENBRENNER. Madam such as corporations, partnerships, limited quirements at the time of removal. Under subsection 1332(d)(11)(C), a mass Speaker, reclaiming my time, I appre- partnerships, limited liability companies, limited action removed to a Federal court under this ciate the gentleman’s question. liability partnerships, and business trusts; (b) provision may not be transferred to another Section 4 of the bill gives Federal State common law regarding the duties owed Federal court under the MDL statute (28 courts jurisdiction over class action between and among owners and managers of U.S.C. § 1407) unless a majority of the plain- lawsuits in which the matter in con- business enterprises; and (c) the rights arising tiffs request such a transfer. The Sponsors troversy exceeds the sum or value of $5 out of the terms of the securities issued by wish to make clear that this restriction on MDL million, excluding interests and costs business enterprises. transfers applies only to mass actions as de- and at least one proposed class member New subsection 1332(d)(11) expands Fed- fined in subsection 1332(d)(11); the legislation and one defendant are citizens of dif- eral jurisdiction over mass actions—suits that does not more broadly restrict the authority of ferent States or countries. are brought on behalf of numerous named the Judicial Panel on Multidistrict Litigation to For purposes of the citizenship ele- plaintiffs who claim that their suits present transfer class actions removed to Federal ment of this analysis, S. 5 does not common questions of law or fact that should court under this legislation. Under subsection alter current law. Thus, a corporation be tried together even though they do not 1332(d)(11)(D), the statute of limitations for will continue to be deemed a citizen of seek class certification status. Mass action any claims that are part of a mass action will any State by which it has been incor- cases function very much like class actions be tolled while the mass action is pending in porated and of the State where it has and are subject to many of the same abuses. Federal court. its principal place of business. How- Under subsection 1332(d)(11), any civil action The removal provisions in Section 5 of the ever, the bill provides that for purposes in which 100 or more named parties seek to legislation are self-explanatory and attempt to of this new section, and section 1453 of try their claims for monetary relief together will put an end to the type of gaming engaged in title 28, an unincorporated association be treated as a class action for jurisdictional by plaintiffs’ lawyers to keep cases in State shall be deemed to be a citizen of the purposes. The Sponsors wish to stress that a court. They should thus be interpreted with State where it has its principal place of complaint in which 100 or more plaintiffs are this intent in mind. In addition, new subsection business and the State under whose named fits the criteria of seeking to try their 1453(c) provides that an order remanding a laws it organized. This provision is claims together, because there would be no class action to State court is reviewable by ap- added to ensure that unincorporated other apparent reason to include all of those peal at the discretion of the reviewing court. associations receive the same treat- claimants in a single action unless the intent The Sponsors note that the current prohibition ment as corporations for purposes of was to secure a joint trial of the claims as- on remand order review was added to section diversity jurisdiction. New subsection serted in the action. The Sponsors also wish 1447 after the Federal diversity jurisdictional 1332(d)(10) corrects this anomaly. to stress that this provision is intended to statutes and the related removal statutes had Mr. BOUCHER. Madam Speaker, will mean a situation in which it is proposed or or- been subject to appellate review for many the gentleman yield? dered that claims be tried jointly in any re- years and were the subject of considerable Mr. SENSENBRENNER. I yield to spect—that is, if only certain issues are to be appellate level interpretive law. The Sponsors the gentleman from Virginia. tried jointly and the case otherwise meets the believe it is important to create a similar body Mr. BOUCHER. Madam Speaker, I criteria set forth in this provision, the matter of clear and consistent guidance for district thank the gentleman for yielding. will be subject to Federal jurisdiction. How- courts that will be interpreting this legislation What about the amount-in-con- ever, it also should be noted that a mass ac- and would particularly encourage appellate troversy component, the $5 million? tion would not be eligible for Federal jurisdic- courts to review cases that raise jurisdictional Under current law, some Federal tion under this provision if any of several cri- issues likely to arise in future cases. courts have determined the value for

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.007 H17PT1 H730 CONGRESSIONAL RECORD — HOUSE February 17, 2005 requests for injunctive relief by consid- For example, a declaration that a de- interstate interest. Under this factor, ering the value to each individual fendant’s conduct is unlawful or fraud- if a case presents issues of national or plaintiff. Since that value is usually ulent will carry certain consequences, interstate significance that argues in less than $75,000, these courts have such as the need to cease and desist favor of the matter being handled in kept such cases in State court. This is from that conduct that will often cost Federal Court, for example, if a class sometimes known as the plaintiff’s the defendant in excess of $5 million; or action alleges a nationally distributed viewpoint, defendant’s viewpoint prob- a declaration that a standardized prod- pharmaceutical product caused side ef- lem. Would the Chairman explain how uct sold throughout the Nation is de- fects, those cases presumably should be the bill resolves this challenge? fective might well put a case over the heard in Federal court because of the Mr. SENSENBRENNER. Madam $5 million threshold, even if the class nationwide ramifications of the dispute Speaker, reclaiming my time, under complaint did not affirmatively seek a and the potential interface with Fed- new subsection 1332(d)(6), the claims of determination that each class member eral drug laws. the individual class members in any was injured by the product. Under this factor, the Federal court class action shall be aggregated to de- The bottom line is that new section should inquire whether the case does termine whether the amount in con- 1332(d) is intended to substantially ex- present issues of national or interstate troversy exceeds the sum or value of $5 pand Federal court jurisdiction over significance of this sort. If such issues million. The sponsors intend this sub- class actions, not to create loopholes. are identified, that point favors the ex- section to be interpreted broadly, and This provision should be read broadly, ercise of the Federal jurisdiction. if a purported class action is removed with a strong preference that inter- The second factor is whether the under this provision, the plaintiff shall state class actions should be heard in a claims asserted will be governed by bear the burden of demonstrating that Federal court if properly removed by a laws other than those of the forum the $5 million threshold is not satis- defendant. State. The sponsors believe that one of fied. By the same token, if a Federal Mr. GOODLATTE. Madam Speaker, the significant problems posed by court is uncertain about whether a will the gentleman yield? multistate class actions in State court case puts $5 million or more in con- Mr. SENSENBRENNER. I yield to is the tendency of some State courts to troversy, the court should favor exer- the gentleman from Virginia. be less than respectful of the laws of cising jurisdiction over the case. Mr. GOODLATTE. Madam Speaker, I other jurisdictions, applying the law of This principle applies to class actions would also like to discuss the home one State to an entire nationwide con- seeking injunctive relief as well. The State exception in the legislation. troversy and thereby ignoring the dis- sponsors intend that a matter be sub- New subsections 1332(d)(3) and tinct and varying State laws that ject to Federal jurisdiction under this (d)(4)(B) address the jurisdictional should apply to various claims included provision if the value of the matter in principles that will apply to class ac- in the class, depending upon where litigation exceeds the $5 million, either tions filed against the defendant in its they arose. from the viewpoint of the plaintiff or home State, dividing such cases into Under this factor, if the Federal the viewpoint of the defendant, regard- three categories. court determines that multiple State less of the type of relief sought, such as First, for cases in which two-thirds laws will apply to aspects of the class damages, injunctive relief or declara- or more of the members of the plaintiff action, the determination would favor tory relief. class and the primary defendants are having the matter handled in the Fed- The sponsors are aware that some citizens of the State in which the suit eral court system, which has a record courts, especially in the class action was filed, section 1332(d)(4)(B) states of being more respectful of the laws of context, have declined to exercise Fed- that Federal jurisdiction will not be various States in the class action con- eral jurisdiction over cases on the extended by S. 5. Such cases will re- troversy. Conversely, if the court con- grounds that the amount in con- main in State courts. cludes that the laws of the State to troversy in those cases exceeded the ju- Second, cases in which more than which the action was filed will apply to risdictional threshold only when as- two-thirds of the members of the plain- the entire controversy, that factor will sessed from the viewpoint of the de- tiff class are not citizens of the State favor keeping the case in State court. fendant. in which the action was filed will be The third factor is whether the class For example, a class action seeking subject to Federal jurisdiction. Federal action has been pleaded in a manner injunctive relief that would require a courts should be able to hear such law- that seeks to avoid Federal jurisdic- defendant to restructure its business in suits because they have a predomi- tion. The purpose of this inquiry is to some fundamental way might cost a nantly interstate component. They af- determine whether the plaintiffs have defendant well in excess of $75,000 fect people in many jurisdictions, and proposed a natural class, a class that under current law, but might have sub- the laws of many States will be at encompasses all the people and claims stantially less value to each plaintiff issue. that one would expect to include in a or even to the class of plaintiffs as a Finally, there is a middle category of class action, as opposed to proposing a whole. Because S. 5 explicitly allows class actions in which more than one- class that appears to be gerrymandered aggregation for the purposes of deter- third, but fewer than two-thirds, of the solely to avoid Federal jurisdiction by mining the amount of controversy in members of the plaintiff class and the leaving out certain potential class class actions, that concern is no longer primary defendants are all citizens of members or claims. relevant. the State in which the action was filed. To the extent plaintiffs seek to avoid In such cases, the numbers alone may If the Federal court concludes that this rule by framing their cases as indi- not always confirm that the litigation evasive pleading is involved, that fac- vidual actions for injunctive relief, is more fairly characterized as pre- tor would favor the exercise of Federal most Federal courts have properly held dominantly interstate in character. jurisdiction. On the other hand, if the that in an individual case the cost of New subsection 1332(d)(3), therefore, class definition and claims appear to injunctive relief is viewed from the de- gives Federal courts discretion in the follow a natural pattern, that consider- fendant’s perspective. This legislation interests of justice to decline to exer- ation would favor allowing the matter extends that principle to class actions cise jurisdiction over such cases based to be handled by a State court. as well. on the consideration of five factors. The fourth factor is whether there is The same approach would apply in a a distinct nexus between, A, the forum case involving declaratory relief. In de- b 1045 where the action was brought, and, B, termining how much money a declara- Madam Speaker, I would ask the the class members, the alleged harm or tory relief case puts in controversy, chairman to explain these factors. the defendants. This factor is intended the Federal court should include in its Mr. SENSENBRENNER. Reclaiming to take account of a major concern assessment the value of all relief and my time, Madam Speaker, I am pleased that led to this legislation, the filing of benefits that would logically flow from to answer the gentleman. lawsuits in the out-of-the-way magnet the granting of the declaratory relief The first factor is whether the claims State courts that have no real relation- sought by the plaintiffs. asserted are of significant national or ship to the controversy at hand.

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.010 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H731 Thus, if a majority of the proposed Suppose that a California State court provision is intended to respond to con- class action members and the defend- class action were filed against a Cali- cerns that class actions with a truly ants reside in the county where the fornia pharmaceutical drug company local focus should not be moved to Fed- suit is brought, the court might find a on behalf of a proposed class of 60 per- eral court under this legislation be- distinct nexus exists. The key to this cent California residents and 40 percent cause State courts have a strong inter- factor is the notion of there being a Nevada residents alleging harmful side est in adjudicating such disputes. At distinct nexus. If the allegedly injured effects attributed to a drug sold na- the same time, this is a narrow excep- parties live in many other localities, tionwide. tion that was carefully drafted to en- the nexus is not distinct, and this fac- In such a case, it would make sense sure that it does not become a jurisdic- tor would weigh heavily in favor of the to leave the matter in Federal court. tional loophole. Thus, each of the cri- exercise of Federal jurisdiction over After all, the State laws that would teria is intended to identify a truly the matter. apply in all of these cases would vary, local class action. The fifth factor is whether the num- depending on where the drug was pre- First, there must be a primarily local ber of citizens in the forum State in scribed and purchased. As a result, al- class. Secondly, there must be at least the proposed plaintiff class is substan- lowing a single Federal court to sort one real local defendant. And by that tially larger than the number of citi- out such issues and handle the balance the drafters meant that the local de- zens from any other State, and the citi- of the litigation would make sense fendant must be a primary focus of the zens of the other members of the pro- both from added efficiency and a fed- plaintiffs’ claims, not just a retailer or posed class is dispersed among a sub- eralism standpoint. other peripheral defendant. The defend- stantial number of States. Now, suppose, in a second example, a ant must be a target from whom sig- This factor is intended to look at the checking account fee disclosure class nificant relief is sought by the class, as geographic distribution of class mem- action were filed in a Nevada State opposed to just a subset of the class bers in an effort to determine the court against a Nevada bank located in membership, as well as being a defend- forum State’s interest in handling the a border city, and the class consisted of ant whose alleged conduct forms a sig- litigation. If all of the out-of-State 65 percent Nevada residents and 35 per- nificant basis for the claims asserted class members are widely dispersed cent California residents who crossed by the class. among many other States, that point the border in order to conduct trans- For example, in a consumer fraud would suggest that the interest of the actions in the Nevada bank. case, alleging that an insurance com- forum State in litigating the con- In this hypothetical, it might make pany incorporated and based in another sense to allow that matter to proceed troversy are preeminent. State misrepresented its policies, the The sponsors intend that such a con- in State court. It is likely that Nevada local agent of the company named as a clusion would favor allowing the State banking law would apply to all of these defendant presumably would not fit court in which the action was origi- claims, even those of the California this criteria. He or she probably would residents, since all of the transactions nally filed to handle the litigation. have had contact with only some of the occurred in the State of Nevada. There However, if a court finds that the citi- purported class members and, thus, is also less likelihood that multiple ac- zenship of the other class members is would not be a person from whom sig- tions will be filed around the country not widely dispersed, then a Federal nificant relief would be sought by the on the same subject so as to give rise forum would be more appropriate be- plaintiff class viewed as a whole. And, to a coordinating Federal multidistrict cause several States other than the from a relief standpoint, the real de- litigation proceeding. forum State would have a strong inter- Mr. GOODLATTE. Madam Speaker, if mand of the full class in terms of seek- est in the controversy. the chairman would continue to yield. ing significant relief would be on the The final factor is whether one or Mr. SENSENBRENNER. I yield to insurance company itself. more class actions asserting the same the other gentleman from Virginia (Mr. Third, the principal injuries resulting or similar claims on behalf of the same GOODLATTE). from the actions of all the defendants or other persons have been filed in the Mr. GOODLATTE. I thank the chair- must have occurred in the State where last 3 years. The purpose of this factor man for yielding to me. I think those the suit was filed. This criterion means is to determine whether a matter examples really reflect the intent of that all or almost all of the damage should be subject to Federal jurisdic- the legislation. caused by the defendants’ conduct oc- tion so that it can be coordinated with Madam Speaker, the legislation also curred in the State where the suit was other overlapping or parallel class ac- includes a local controversy exception brought. If defendants engaged in con- tions. which is intended to ensure that truly duct that allegedly injured consumers If the other class actions on the same local class actions can remain in State throughout the country, the case would subject have been or are likely to be court under the legislation. Under this not qualify for the local controversy filed elsewhere, the sponsors intend provision, Federal courts are in- exception, even if it was only brought that this consideration would strongly structed not to exercise jurisdiction as a single State class action. favor the exercise of Federal jurisdic- over cases that meet all of the fol- And, fourth, no other class action in- tion. It is the sponsors’ intention that lowing four criteria: volving similar allegations has been this factor be broadly interpreted and First, more than two-thirds of the filed against any of the defendants over that plaintiffs not be able to plead class members must be the citizens of the last 3 years. In other words, if we around it with creative legal theories. the State where the suit is brought; are talking about a situation that re- If a plaintiff brings a product liabil- second, there must be at least one in- sults in multiple class actions, those ity suit alleging consumer fraud or un- State defendant from whom significant are not the types of cases that this ex- just enrichment, and another suit was relief is sought by members of the class ception is intended to address. I would previously brought against some of the and whose conduct forms a significant like to stress that the inquiry under same defendants alleging negligence basis of plaintiffs’ claims; third, the this criterion should not be whether with regard to the same product, this principal injuries resulting from the al- identical or nearly identical class ac- factor would favor the exercise of Fed- leged conduct or related conduct of tions have been filed. Rather, the in- eral jurisdiction over the later-filed each defendant must have occurred in quiry is whether similar factual allega- claim. the State where the action was origi- tions have been made against the de- Madam Speaker, I now yield to my nally filed; and, fourth, no other class fendant in multiple class actions, re- colleague, the gentleman from Virginia action has been filed during the pre- gardless of whether the same causes of (Mr. BOUCHER), to provide some exam- ceding 3 years asserting the same or action were asserted or whether the ples that illustrate how these six fac- similar factual allegations against any proposed plaintiff classes in the prior tors would work in litigation. of the defendants. case was the same. Mr. BOUCHER. Madam Speaker, I Madam Speaker, I would ask that the Madam Speaker, I yield to the gen- thank the gentleman for yielding to chairman elaborate on these criteria. tleman from Virginia (Mr. GOODLATTE). me, and I will be pleased to provide two Mr. SENSENBRENNER. Madam Mr. GOODLATTE. I thank the chair- examples. Speaker, reclaiming my time, yes, this man for yielding once again.

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.012 H17PT1 H732 CONGRESSIONAL RECORD — HOUSE February 17, 2005 Madam Speaker, in this regard I out of an event or occurrence that hap- old. If it is likely that a plaintiff is think it is important to note that the pened in the State where the action going to turn around in a month and exceptions in this legislation are just was filed and that resulted in injuries add an additional claim for punitive that, exceptions, and they should not only in that State or in contiguous damages, the Federal court should ob- be interpreted in ways that turn them States; viously assert jurisdiction over that in- into loopholes. For example, the legis- number two, if it is the defendants dividual’s claims. lation excludes actions against States. who seek to have the claims joined for Finally, I would like to stress that Obviously, this does not mean that trial; this provision in no way is intended to plaintiffs can simply name a State in number three, if the claims are as- abrogate 8 United States Code 3867 to every consumer class action and stay serted on behalf of the general public narrow current jurisdictional rules. out of Federal court. To the contrary, pursuant to a State statute authorizing Thus, if a Federal court believed it to Federal courts should proceed cau- such an action; be appropriate, the court could apply tiously before declining Federal juris- and, number four, if the claims have supplemental jurisdiction in the mass diction under the subsection been consolidated or coordinated for action context as well. 1332(d)(5)(a) ‘‘state action’’ case excep- pretrial purposes only. With regard to the exceptions, it is tion, and do so only when it is clear I would appreciate the gentleman our intent that they be interpreted that the primary defendants are indeed from Wisconsin clarifying how the strictly by a court so that they do not States, State officials, or other govern- $75,000 amount in controversy min- become loopholes for an important ju- mental entities against whom the imum would apply to assessing wheth- risdictional provision. Thus, the first court may be foreclosed from ordering er Federal jurisdiction exists over a exception would apply only in a situa- relief. mass action, and, most importantly, tion where we are talking about a truly The sponsors intend that primary de- explaining the intent of the sponsors local single event with no substantial fendants be intended to reach those de- with regard to the first and third ex- interstate effects. fendants who are the real targets of the ceptions. The purpose of this exception is to lawsuit, i.e. the defendants who would Mr. SENSENBRENNER. Mr. Speak- allow cases involving environmental be expected to incur most of the loss if er, reclaiming my time, I will be happy torts, such as a chemical spill, to re- liability is found. Thus, the term ‘‘pri- to explain. main in State court if both the event mary defendant’’ should include any The mass action provision was in- and the injuries were truly local, even person who has substantial exposure to cluded in the bill because mass actions though there are some out-of-state de- significant portions of the proposed are really class actions in disguise. fendants. They involve an element of people who class in the action, particularly any de- By contrast, this exception would not want their claims adjudicated to- fendant that is allegedly liable to the apply to a product liability or insur- gether, and they often result in the vast majority of the members of the ance case. The sale of a product to dif- same abuses as class actions. In fact, proposed classes, as opposed to simply ferent people does not qualify as an sometimes the abuses are even worse a few individual class members. event, and the alleged injuries in such because the lawyers seek to join claims It is the sponsors’ intention with re- a case would be spread out over more that have little to do with each other gard to each of these exceptions that than one State or contiguous States and confuse a jury into awarding mil- the party opposing Federal jurisdiction even if all of the plaintiffs in a par- lions of dollars to individuals who have shall have the burden of demonstrating ticular case came from one single suffered no real injury. the applicability of an exemption. State. Here is how the mass action provi- Thus, if a plaintiff seeks to have a class The third exception addresses a very action remanded on the ground that sion and the current amount-in-con- troversy provision would work in tan- narrow situation, specifically a law the primary defendants and two-thirds like the California Unfair Competition or more of the class members are citi- dem: suppose 200 people file a mass ac- tion in Mississippi against a New Jer- Law, which allows individuals to bring zens of the home State, that plaintiff a suit on behalf of the general public. has the burden of demonstrating that sey drug manufacturer and also name a local drug store. Three of them assert Such a suit would not qualify as a mass these criteria are met. action. However, the vast majority of Similarly, if a plaintiff seeks to have claims for a million dollars apiece, and the rest assert claims of $20,000. cases brought under other States’ con- a purported class action remanded be- sumer fraud laws which do not have a cause a primary defendant is a State, The Federal Court would have juris- diction over the mass action because parallel provision could qualify as re- that plaintiff should have the burden of movable class actions. demonstrating that the exception there are more than 100 plaintiffs, there is minimal diversity, and the I yield to the gentleman from Vir- should apply. ginia. Mr. BOUCHER. Madam Speaker, if total amount of controversy exceeds $5 Mr. GOODLATTE. I thank the gen- the gentleman from Wisconsin will million, and a product liability case tleman for yielding. yield once again. does not qualify for the local occur- Mr. SENSENBRENNER. I yield to rence exception in the provision. Finally, Mr. Speaker, some critics have complained that the legislation the gentleman from Virginia (Mr. BOU- Then the question becomes, which removal provisions will result in delay. CHER). claims would, in the mass action, the Mr. BOUCHER. Madam Speaker, I Federal judge keep in Federal Court, Can the gentleman explain why that is thank the gentleman for yielding. and which would be remanded? At this simply not the case? The principles that have just been point the judge would have to look at Mr. SENSENBRENNER. Mr. Speak- enumerated apply to another provision each of the claims very carefully and er, reclaiming my time, once again, that I would like to discuss, the mass determine whether or not they meet critics of the legislation have it back- action provision. Under this provision, the $75,000 minimum. wards. This legislation will streamline defendants will be able to remove mass In this regard, I would note that the jurisdictional inquiries by putting an actions to Federal court under the plaintiffs often seek to minimize what end to all of the gaming that takes same circumstances in which they will they are seeking in the complaint so place under the current system, and be able to remove class actions. that they can stay in State court. For the so-called delay refers to procedural example, sometimes plaintiffs leave rules that already exist under the cur- b 1100 their claim for punitive damages off rent system. However, a Federal court would only the original complaint to make it seem Under existing law, diversity of citi- exercise jurisdiction over these claims like their claims are smaller than they zenship between the parties must exist, that meet the $75,000 minimum. In ad- really are. both at the time a complaint is filed dition, a mass action cannot be re- It is our expectation that a Federal and at the time a complaint is removed moved to Federal court if it falls under judge would read a complaint very to Federal court. However, if the plain- one of the following four categories: carefully and only remand claims that tiff files an amended complaint in number one, if all of the claims arise clearly do not meet the $75,000 thresh- State court that creates jurisdiction,

VerDate Aug 04 2004 00:40 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.014 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H733 or if subsequent events create jurisdic- years, what this bill will do is it will the board every single interest that tion, the defendant can then remove make it more difficult for you and the harms the health and well-being of the case to Federal court. other people in your States who also America skyrocket as soon as we take Current law is also clear that once a have found that they have spots on the vote on final passage of this bill complaint is properly removed to Fed- their lungs to get together to sue the today because President Bush is going eral court, the Federal court’s jurisdic- tobacco companies. to sign this bill with great joy because tion cannot be ousted by later events. If your children are beginning to the oil, the chemical and polluting in- Thus, for example, changes in the smoke, they are 13, 14, 15, this bill is dustries are going to be happy. amount of controversy after the com- intended to make it more difficult for INDUSTRY NOTE: TOBACCO—SENATE JUST plaint has been removed would not sub- the people in the State of New Hamp- PASSED CLASS ACTION BILL—POSITIVE FOR ject a lawsuit to be remanded to State shire, or Kansas, or Oklahoma to bring TOBACCO court. a suit to stop it. That is what it is all (By Bonnie Herzog) about. Smith Barney gives the good Mr. GOODLATTE. Mr. Speaker, I SUMMARY news to the tobacco industry investors, thank the gentleman for his leadership The Senate just passed a bill 72–26 which is in moving this legislation forward and not to smokers. designed to funnel class-action suits with in working with the Senate to accom- And so what they have done is this. plaintiffs in different states out of state plish that as well. It is brilliant in the Bush administra- courts and into the federal court system, I hope this colloquy will provide tion and that is what this side of the which is typically much less sympathetic to guidance on the very important juris- aisle is all about. The FDA, is it going such litigation. dictional provisions in S. 5 and the to move in to regulate tobacco? No, The practical effect of the change could be that many cases will never be heard given sponsor’s intent. they made sure they appoint people who will not do it. The EPA, are they how overburdened federal judges are, which Mr. SENSENBRENNER. Mr. Speak- might help limit the number of cases. er, I reserve the balance of my time. going to move in to make sure that the oil industry does not pollute your Although this news is positive in general Mr. CONYERS. Mr. Speaker, I am for the tobacco industry, we do not nec- pleased to yield 4 minutes to my good groundwater so that the children in essarily believe that class actions pose a big friend, the gentleman from Massachu- your neighborhood do not contract leu- threat to the industry. Furthermore, this setts (Mr. MARKEY) from the Com- kemia; that breast cancers do not rise? type of legislation would have been a bigger mittee on Energy and Commerce. He No. Are they going to have a Depart- help to the industry if it was passed 10 years has worked with us on many of these ment of Labor which protects you ago. against asbestos in the workplace? No. The bill now moves to the House floor and issues. the chances are high that it passes since the Mr. MARKEY. Mr. Speaker, I thank You are not going to see those suits, ladies and gentlemen. So it comes to House Republican leadership said last week the gentleman from Michigan for yield- you and your families to go to court. that it would pass the Senate’s version of ing, and I thank him for his leadership this legislation as long as there were no And what this bill is intended to do is on this most critical of all consumer amendments. to not let you go to court. So it is per- issues before Congress this year. OPINION fect. If you are an asbestos company, So you have all heard now the tech- your stocks are going up. If you are a The Senate just passed a bill that is de- nical arguments made by the Bush ad- signed to funnel class-action lawsuits with tobacco company, your stocks are ministration proponents here on the plaintiffs in different states out of state going up. If you are an oil company, a House floor. So you have heard the courts and into the federal court system, chemical company, your stocks are Bush administration argument on why which is historically much less sympathetic going up. Smith Barney gives you the this is good. to such litigation. good news, Mr. and Mrs. Investor of The practical effect of the change could be Now, you want to hear what the bill America. that many cases will never be heard, which is really about? Do you want to hear But if you are afraid for the health of might also be positive for tobacco compa- what the Bush administration is really your family, if you know that the nies. Federal judges, facing overburdened interested in? Well, here it is, ladies groundwater in New Hampshire has dockets and ambiguities about applying and gentlemen. Citigroup’s Smith Bar- been poisoned by Amerada Hess and 22 state laws in a federal court, often refuse to ney subdivision: ‘‘Tobacco. Flash—Sen- grant standing to class-action plaintiffs. other oil companies that are not in Therefore, tobacco stocks have rallied on ate Just Passed Class Action Bill— New Hampshire, you know what the Positive For Tobacco.’’ Let me read it this favorable news given that this bill could Republicans say? You know what the have a positive impact on potential future to you: Bush administration says? The case tobacco litigation. ‘‘The Senate just passed a bill, 72– should not be held in New Hampshire. Now the bill should move to the House 26.’’ This has gone out from Smith Bar- If Amerada Hess, the big oil company, floor and apparently the House Republican ney to all their investors. ‘‘This bill is is a defendant, the case should be out- leadership announced last week that the designated to funnel class action suits side of New Hampshire, not protecting GOP majority in that chamber will pass the with plaintiffs in different States out the person whose family’s health has Senate’s version of class-action litigation provided it arrives without amendments and of State courts and into the Federal been injured. court system, which is typically much from what we hear, this is in fact what has And so that is what it is all about. It happened in the Senate. Obviously President less sympathetic to such litigation. is the final payback to the tobacco in- Bush has been a big proponent of this type of ‘‘The practical effect of the change dustry, to the asbestos industry, to the legislation so we would assume that he could be that many cases will never be oil industry, to the chemical industry would sign it as part of a broader fight that heard given how overburdened Federal at the expense of ordinary families who he hopes will lead to limits on awards in as- judges are, which might help limit the need to be able to go to court to pro- bestos cases and to caps on pain-and-suf- number of cases.’’ tect their loved ones when their health fering awards in medical malpractice cases. Smith Barney advised its clients that has been compromised. And these peo- Although positive in general terms for the tobacco companies, clearly this type of legis- this bill will be positive in general for ple are saying, your State is not smart the tobacco industry and that tobacco lation would have been much more useful if enough, your jurors are not smart it were passed 10 years ago. stocks have rallied on this favorable enough to understand how the MTBE ANALYST CERTIFICATION news given that this bill could have a ruined the groundwater in their State I, Bonnie Herzog, hereby certify that all of positive impact on tobacco litigation. and poisoned thousands of people, that That is what it is all about, ladies the views expressed in this research report it has to go to a State where Amerada accurately reflect my personal views about and gentlemen. You heard the tech- Hess or some large oil company feels any and all of the subject issuer(s} or securi- nical defense of it for the last half comfortable, because they are not ties. I also certify that no part of my com- hour. The impact is they are trying to headquartered in New Hampshire, they pensation was, is, or will be directly or indi- protect the tobacco industry from do not have a large plant in New Hamp- rectly related to the specific recommenda- being sued. So if you are out there, one shire. All they did was sell the mate- tion(s) or view(s) in this report. of your family members has just found rial which poisoned your neighborhood. IMPORTANT DISCLOSURES that they have a spot on their lung, That is what it is all about, ladies Analysts’ compensation is determined they have smoked for the last 20 or 30 and gentlemen. You just watch across based upon activities and services intended

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VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.017 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H735 Next they find a person who is the Mr. CONYERS. Mr. Speaker, I yield Mr. Speaker, the bottom line is that named plaintiff. That named plaintiff 21⁄2 minutes to the gentlewoman from class action reform is badly needed. is a citizen of the same State as one of California (Ms. LINDA T. SA´ NCHEZ). Currently, crafty lawyers are able to the defendants and that puts them in (Ms. LINDA T. SA´ NCHEZ and was game the system by filing large, na- the State court, which is where they given permission to revise and extend tionwide class action suits in certain want to be. Sometimes they have to her remarks.) preferred State courts such as Madison ´ promise to pay off that named plaintiff Ms. LINDA T. SANCHEZ of Cali- County, Illinois, where judges are at this point, but that is all part of the fornia. Mr. Speaker, I rise in opposition quick to certify classes and quick to game. to S. 5. approve settlements that give the law- Next the lawyers level their allega- The sponsors of this bill call it the yers millions of dollars in fees and give tions, both in court and in the media. Class Action Fairness Act, but nothing the clients worthless coupons. Remember, they do not have to have about this bill is fair, especially for the Let us take a look at Madison Coun- proof for their allegations. They just victims of corporate wrongdoing. This ty, Illinois with this chart. Madison bill erects a nearly insurmountable need a forum in which to make the al- County, Illinois has been called the barrier for everyday Americans, who legations. Now the real fun begins after number one judicial hellhole in the have been hurt or wronged, to have you have made the allegations. They United States. In 2002 we can see there their day in court. Thanks to the so- are in State court with the named were 77 class action filings, and in 2003 called Class Action Fairness Act, peo- there were 106 class action lawsuits plaintiffs and their allegations, and it ple who have had their civil rights is time to get out of rule 23 free. filed. The movie ‘‘Bridges of Madison trampled on will no longer be able to County’’ was a love story. The ‘‘Judges Rule 23 is the rule that would apply bring their claims to State court. It in Federal courts that defines when a of Madison County’’ would be a horror does not matter if the laws of their flick. class action can be certified consistent home State provide better civil rights with fundamental fairness and due Unfortunately, all too often it is the protections or that it may be more lawyer who drives these cases and not process considerations. But in this convenient for the victims of discrimi- game, there is no fairness. There is no the individuals who are supposedly nation to seek justice in a court where hurt. For example, in a suit against due process. So they easily convince they live. With S. 5 they must go to their magnet State to certify that they Blockbuster over late fees, the attor- Federal court. neys received for themselves $9.25 mil- have a class and at the same time they The same burden is put on the backs file copycat lawsuits in State courts all lion, while their clients got a $1-off dis- of hourly wage workers who sue for count coupon. Similarly, in a lawsuit over the country. These are the same back pay that they are owed. These against the company who makes Cheer- class actions asserting the same claims folks are struggling to put food on ios, the lawyers received $2 million for on behalf of the same people. These their family’s table, and they almost themselves; predictably their clients copycat lawsuits clog the State courts. certainly cannot afford the high cost of received a coupon for a box of Cheerios. b 1115 multistate litigation. With S. 5 they, In a nutshell, these out-of-control too, must bring their claims to a Fed- At this point in the game, the law- class action lawsuits are killing jobs, eral court that may not even be in they are hurting small business people yers start making the money. Let us their State just so that they can get who cannot afford to defend them- see where the money goes. the back pay that they do. selves, they are hurting consumers who In the Columbia House record case, I ask all the proponents of this bill, the lawyers took home $5 million and is that their idea of fairness? end up paying higher prices for goods the plaintiffs got a coupon for dis- Let us be real. S. 5 is not about re- and services. counts on future purchases of records. ducing venue shopping. It is not about This legislation provides much-need- In the Blockbuster case, the lawyers the mythical scourge of predatory ed reform in two key areas. First, it walked away with $9.25 million, and plaintiffs’ lawyers, and it is not about eliminates much of the forum shopping the plaintiffs again got a coupon for $1 the fabricated economic drain of exces- by requiring most of these nationwide off their next video rental, coupons sive jury awards. What this bill really class action suits to be filed in federal that the defendant probably would is about is doing a favor for unscrupu- court. And, second, it cracks down on have issued anyway. lous, negligent corporations by making these coupon-based class action settle- In the Bank of Boston case, the law- it harder for their victims to sue them. ments by requiring fee awards to be yers settled the case and took home It is protecting big businesses who are based on the number of coupons actu- $8.5 million. And the customers had guilty of wrongdoing from liability. ally redeemed or the number of hours actually billed. money deducted from their mortgage I am a lawyer and I acknowledge that Mr. Speaker, I urge my colleagues to accounts to pay off the lawyers. So in there are some members of my profes- vote ‘‘yes’’ on this class action reform the end, a State court approved these sion who file frivolous suits. But if the lawyers are the ones that they claim legislation. It is about common sense, cases, and all of the consumers in the it is about justice, and it is about time. lawsuit lost money. are ruining this legal system, why are the sponsors of this bill making it Mr. CONYERS. Mr. Speaker, I yield 3 People may be wondering what hap- minutes to the distinguished gen- pens to them in this game. We already harder for the victims? This bill makes about as much sense tleman from Virginia (Mr. SCOTT). know that if one is a consumer, in the Mr. SCOTT of Virginia. Mr. Speaker, consumer class, they will be lucky if as locking the door of a hospital in order to lower health care costs. Kick- I thank the gentleman for yielding me they get a dollar-off coupon. If the ing people out of the system does not this time. business one works for gets sued in one solve the problem, and that is exactly Mr. Speaker, we hear all this hoopla of the class actions, their employer is what S. 5 does. It penalizes the victims about these coupon settlements, but we going to take a major hit and maybe of wrongdoing without doing anything do not hear any suggestion as to what even lay them off. It is that clear in to improve our legal system, and it to do about them. There are a lot of some of these cases, the basic result is shields bad actors from having to face situations where corporations are rip- that the lawyers will get lots of money, the consequences of their action. ping people off for small amounts of but consumers will pay because health Where is the personal responsibility? money. care and car insurance premiums will That is why I oppose this bill. For example, if a person at a check- go through the roof. And when the I urge all of my colleagues to vote out counter calibrates the machine to game comes to an end, they are left ‘‘no’’ on the final passage and to vote just cheat one out of a few cents, what with no money and the lawyers are at ‘‘yes’’ on the Conyers substitute. is one’s recovery in that case? Just a ‘‘go’’ and they get to start the process Mr. SENSENBRENNER. Mr. Speak- few cents. And the only way one can all over again. er, I yield 2 minutes to the gentleman stop that is with a class action. But It is fundamentally important that from Florida (Mr. KELLER). they would suggest there is no point in we resolve this problem and help Amer- Mr. KELLER. Mr. Speaker, I thank bringing the class action; as long as ica move forward. I urge support of S. the gentleman for yielding me this they did not rip them off for too much, 5. time. they ought to get away with it.

VerDate Aug 04 2004 01:32 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.017 H17PT1 H736 CONGRESSIONAL RECORD — HOUSE February 17, 2005 Furthermore, a lot of these coupon Class action procedures have made it States rights friends believe that the settlements are in Federal courts any- possible for injured Americans to ag- Federal courts and the Federal Govern- way, so there is not going to be much gregate small claims that might not ment can solve every problem in our change. But some of these coupon cases otherwise warrant the expense of indi- society? That is just simply absurd, in- are the only way that we can rein in vidual litigation. This bill before us consistent with any kind of consistent corporate abuse. will effectively undermine the utility, philosophy about federalism. But this bill just increases complica- practicality, and choice the class ac- I think we should defeat this flawed tions in a gratuitous way. It took a tion mechanism has offered to injured bill, and I thank the gentleman for half an hour for the proponents to ex- persons with legitimate claims against yielding me this time. plain when it is a class action and powerful entities. b 1130 when it is not a class action. In normal There appear to be improvements in cases they file it in State court. Either this bill from the bill we considered Mr. CONYERS. Mr. Speaker, I yield 3 they certify it or not, and then one last Congress; yet there could and minutes to the gentleman from Vir- goes forward. There is not much com- should be more improvements. But the ginia (Mr. MORAN). plication. But this invites mischief. trend thus far this session is to dis- Mr. MORAN of Virginia. Mr. Speak- Whether it is really a class action or pense with regular order, deny com- er, I thank the gentleman for yielding not, remove it anyway, and let the mittee consideration, and to leave me time, even though I am in opposi- Federal courts mess around with it and Members with 1 to 2 minutes to hur- tion to his position and favor this bill. mess around with it and mess around riedly voice our concerns. I can guar- This is not a radical bill, nor is it re- with it. They may never get their day antee my colleagues, having practiced gressive. In fact, it is a reasonable in court. And if they do not certify it, law for over 20 years, that the core pro- compromise designed to address what what happens to one’s case? They may visions of this bill will invite prolonged is an abuse of the judicial system. That not be able to get back to State court. satellite litigation into ill-defined or is why The Washington Post endorses So the fact that they did not certify a undefined terms in this bill, clogging this bill. It is why the Democratic Sen- class action will deny one the right to the Federal courts and denying prompt ators from New York, California, and even have their day in court. justice to worthy claimants. Illinois all voted for the bill. In fact, This complicates venue. They do not For example, where ‘‘significant re- Democratic Senators representing 19 know where the case is going to be lief’’ is sought against a home State States voted for this bill in the other heard. It could be that an injury hap- defendant, the court has no jurisdic- body. Why did they do this? Because pens in one State, they have corpora- tion. What is significant and what is they believe on balance that consumers tions in that State involved, they have not significant? Also, and worse in my are going to be better represented in State plaintiffs, and here one has to go judgment, no longer will a coherent de- Federal courts. chasing around, trying to figure out scription of the class be sufficient be- And this notion that somehow State where they are going to be. fore the trial on the merit proceeds. courts are going to be more inclined to The Attorneys General across the Under the bill the judge must first represent consumer interests rather States, 47 Attorneys General in States know with certainty the absolute num- than Federal courts on issues like to- and territories, have come out against ber of the plaintiff class, because bacco and civil rights and so on, I do the bill because it puts the Attorneys whether he may or must decline to not think history proves that to be the General in the same crack. They do not hear the case depends on whether a case. know where the case is going to be ‘‘magic’’ number of plaintiffs are citi- I am particularly sensitive to these heard. If they bring a State action in zens of the State where the lawsuit was charges that this bill is going to in- State court, they may get removed. filed. There are other examples too hibit civil rights actions. Clearly if we Some of the States have better wage complicated to address here in the look at history, it is the Federal courts laws, civil rights laws, sometimes con- time that we have available. that have been far more insistent upon sumer protections, and if the Attor- But let me just say that juxtaposed enforcement of civil rights than State neys General want to come in to pro- against the smattering of cases pa- courts. Even recently in the Home tect their own citizens in their own raded by the supporters of this bill as Depot case, a gender-discrimination States, they ought to have that right justification for this upheaval in our case, it was settled with a $65 million and not get jerked around to Federal justice system are countless class ac- settlement, filed in Federal court. The court. tion lawsuits by principled attorneys Coca-Cola racial-discrimination settle- Finally, Mr. Speaker, some Federal and courageous plaintiffs that have ex- ment, which guaranteed each class courts are more clogged up than State posed deliberate wrongdoing, obtained member recovery of at least $38,000, courts. Some in the same area, the justice for American citizens, and vin- was achieved in Federal court. State courts are more clogged up than dicated the values of fair play and Contrast that to the Bank of Boston the Federal courts. Why do we have to equal justice that define our society. case, where the depositors in Boston always go into Federal court on these America is distinguished from other were not even aware they were mem- cases rather than have some kind of countries because of its legal system bers of a plaintiff class, where a lawyer choice? Every time we have a criminal both criminal and civil. Is it perfect? filed suit down in Alabama supposedly case, it will take preference over the No. But the majority wages countless representing their interest, and they civil cases. And in some cases where we legislative assaults on the entire sys- found out when they had their bank ac- have some terrorist cases or a backlog tem rather than confined, deliberative, count reduced by $90; $90 was taken out of Federal cases, one may never get to surgical repairs. Under this bill, one of the mortgage escrow account from hear their case in Federal court. bad judge, we condemn all of the judges these depositors to pay the lawyers If we want consumers to get timely in the system. One excessive jury when they were not even aware they justice, we need to defeat this bill, and award, let us overhaul the entire jury were a member of the plaintiff’s suit, I hope that is what we do. system. One irresponsible lawyer, let and the lawyer walks off with $8.25 mil- Mr. CONYERS. Mr. Speaker, I yield 4 us punish all lawyers. And here let us lion. That is judicial abuse, and that is minutes to the distinguished gen- take these actions without any com- what this bill corrects. tleman from North Carolina (Mr. mittee hearings, markup, or debate. This is a reasonable bill. The fact is WATT). What could be more irresponsible to that in so many State and local courts, Mr. WATT. Mr. Speaker, I rise in op- our constituents? they do not have the resources to go position to S. 5, the Class Action Fair- Whatever happened to the notion through the mountains of evidence ness Act. Despite its name, this bill is that we were making our court sys- that have to be presented in class ac- anything but fair to the class action tems convenient to people? In some of tion suits. In Federal courts they are device that has provided redress to our States, the Federal courts are far far more likely to have those re- large numbers of American citizens removed from the places where indi- sources. They have court clerks and who have been harmed by the same de- vidual litigants live. And what is it they can hire magistrates that can go fendant or a group of defendants. with the notion all of a sudden that my through all of the evidence.

VerDate Aug 04 2004 01:32 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.019 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H737 There has been far too much abuse Why is this so important? I liken this For some reason, those favoring class where judges have certified these set- to right now you have two arms to pro- action reform want to paint with a tlements at the tort lawyer’s request tect Americans, the State judicial sys- broad brush the victims, those who and then, the defendant has to settle tem and the Federal judicial system. have been victimized by asbestos poi- for large sums of money. That is not This reduces by half the resources that soning. Even today as we are looking the way it is supposed to work. are available to Americans to get re- to reconstruct some of the older build- On balance, I think the judicial sys- dress when Enron steals from them or ings in my community, we are finding tem will be far more fair, responsible, when Vioxx kills them. an asbestos problem. But because of and reasonable under this compromise On 9/11, did we respond to September the notice that was given through bill; so I would urge my colleagues, 11 by taking out city police officers and these class action lawsuits, we now particularly on the Democratic side, to only having the FBI? On 9/11, did we re- have companies who are protecting support this bill. spond by not having local fire depart- workers who are going in trying to Mr. CONYERS. Mr. Speaker, I yield ments and only having the Coast Guard clean out asbestos. We would not have myself 1 minute. I would like to re- or Army fire department? No. We rec- had that had we had not had this asbes- spond to my good friend, the gen- ognized that in our system of fed- tos crisis. tleman from Virginia (Mr. MORAN). eralism, Americans deserve the full It is the same thing with tobacco. Al- First of all, I think the NAACP and protection, not just half the protec- though there has been some humor the civil rights groups will be eager to tion. about ‘‘don’t you know when to stop find out that his wisdom is superior to This cuts the available judicial re- smoking,’’ we know that for years and their experience in the civil rights sources in half. Why is that important? years, years and years, there was no la- movement. What the gentleman was The second reason it just says no to in- beling of cigarettes to suggest that suggesting may have been correct a jured Americans is the Federal courts they in fact caused cancer. So the to- number of years ago, but I would point cannot handle these class actions. bacco lawsuits are not in fact frivolous. out to the gentleman that the Federal They do not have enough courts and They may be high in return, but they courts more recently have not been as judges. You go down and ask how long are not frivolous. desirable a forum for civil rights ac- you will wait today to get into a Fed- This class action lawsuit legislation, tivities. eral court. Then add about 4 or 5 years I believe, is excessive and over- The Bank of Boston case, that was 10 after this bill if this bill were to come reaching. What it simply wants to do is years ago and an anomaly. There are into effect. You just say no because it burden Federal courts without giving not other examples of class actions takes the keys away from the court- them any resources. There is nothing where class members lost money. No house. in this legislation that increases the other court has made the same mis- The third reason it just says no to funding of our Federal courts. take. I would urge that neither the good American citizens is it takes from Take the southern district, for exam- gentleman nor any of us rewrite class the State attorneys general their abil- ple. We are so overburdened with action rules because of one mistake. ity to protect people. That is why the criminal cases, immigration cases, Mr. Speaker, I yield 3 minutes to the States attorneys general, Republican smuggling cases, drug cases, there is gentleman from Washington (Mr. INS- and Democrat alike, are adamantly op- absolutely no room to orderly now LEE). posed to this bill, because this bill prosecute or allow to proceed class ac- (Mr. INSLEE asked and was given takes cops off the beat; attorneys gen- tion lawsuits from people who have permission to revise and extend his re- erals whose job it is to protect us from been damaged enormously. marks.) what Roosevelt called the ‘‘malefactors This legislation wants to federalize Mr. INSLEE. Mr. Speaker, I heard an of great wealth’’ are off the beat. mass torts, that is thousands and thou- earlier speaker refer to class actions as Mr. Speaker, we should reject this sands of people, when they realize that a game. Try telling that to the 9-year- bill. the compromise, for example, that was old son of Janet Huggins, a 39-year-old Mr. CONYERS. Mr. Speaker, I am offered in the Senate, the Feinstein healthy Tennessee mother who took pleased to yield 5 minutes to the dis- compromise, does not do anything, be- Vioxx and died in September 2004. Tell tinguished gentlewoman from Texas cause what it says is you can go into her family that the effort to protect (Ms. JACKSON-LEE), a member of the State court if you can find one of the her family is a game. This is not a Committee on the Judiciary and a defendants of a large corporation in game. This is flesh and blood, the abil- ranking subcommittee member. your State. If you happen to be a small ity to protect your family when some- (Ms. JACKSON-LEE of Texas asked State or maybe some State that is not thing happens to you that you did not and was given permission to revise and the headquarters of corporate entities, have anything to do with. extend her remarks, and include extra- like on the east coast, for example, you This bill is the Vioxx Protection Bill. neous material.) will find no defendant, so you will be It is the Wal-Mart Protection Bill. It is Ms. JACKSON-LEE of Texas. Mr. languishing year after year after year the Tyco Protection Bill. It is the Speaker, I thank the gentleman for the trying to get into Federal court. Enron Protection Bill. Anyone in the time that he has spent on this legisla- What it also does is minimizes the State of Washington who saw what tion. I think we have seen this come opportunity of those who can secure Enron did to us, stealing $1 billion, across our desks for a number of ses- their local lawyer to get them into a should not be voting for this bill, be- sions, and we have tried to work in a State court and burdens them with the cause this bill in many ways is the bipartisan manner in order to find a responsibility of finding some high- Just Say No Bill to People Who Are In- way to respond to some of the larger priced counsel that they cannot afford jured By Rapacious Wrongdoers. class actions that are now proceeding to try to understand Federal procedure In three ways it says ‘‘just say no’’ to before us in the courts. law to get into the Federal court. It consumers who were hurt by Enron, be- Mr. Speaker, let me start out by try- closes the door to the least empowered: cause in the Federal courts, if you hap- ing to address some of the large dilem- the poor, the working class and the pen to be in a plaintiff’s group of mul- mas that have seemingly been the middle class. tiple States and the laws are a little underpinnings of this overhaul of a sys- What we find as well is that this leg- different in the States, do you know tem that is not broken. islation is much broader than is need- what the Federal courts do? They I know some two or three sessions ed. Why close the door to those who are throw out the class action. ago we were in the midst of conversa- injured by the failings of products? Do you want to know why the Cham- tions about the asbestos lawsuits. Why close the doors to those who are ber of Commerce is spending $1 billion Frankly, I believe that with a reason- injured by the mass and unfortunate to lobby on what seems to be a proce- able dialogue and exchange, we were activities of a company like Enron in dural issue? Because they throw out nearing some sort of resolution that my congressional district, penalizing class actions where there is any dif- would have allowed that heinous series thousands of workers all over America ference in States, meaning you will not of events over the years, the asbestos unfairly and giving them no relief, giv- be able to have a class action any- poisoning for many, many workers, to ing no relief to the pensioners who lost where, anywhere, Federal or State. be brought to a conclusion. all of their dollars?

VerDate Aug 04 2004 01:32 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.022 H17PT1 H738 CONGRESSIONAL RECORD — HOUSE February 17, 2005 Mr. Speaker, what we have here is a gers of Vioxx, hundreds of cases from During Congress’ extensive examination response to no crisis, a response to no all over the country have been filed into the merits of class action lawsuits, no- problem. Frankly, I believe that if we against Merck, and we can anticipate where has a case been made that abuses exist likely thousands more. However, under in anti-discrimination and wage and hour reasonably look at this legislation, we class-action litigation. By allowing dozens of will find that all it does is it zippers this proposal before us today, those employees to bring one lawsuit together, the the courthouse door. who suffered harm from the drug will class-action device is frequently the only To my good friend who mentioned be denied their day in court and their means for low wage workers who have been that civil rights can take place wher- ability to seek justice. denied mere dollars a day to recover their ever is necessary, let me just share Finally, this bill makes it difficult lost wages. Moreover, class actions also are with you that civil rights is not a pop- for consumers to pursue claims against often the only means to effectively change a ular cause; and, therefore, to then add defendants who violated consumer pro- policy of discrimination. These suits level tection laws. The bill will force many the playing field between individuals and it to get in line now with thousands of those with more power and resources, and other cases, you can be assured that of these cases filed in State courts into permit courts to decide cases more effi- there will be a crisis. the Federal system. But some Federal ciently. Mr. Speaker, let me simply say I rise courts will not certify class actions in- Wage and hour class actions are most often to support the substitute that has the volving the laws of multiple States be- brought in state courts under the law of the civil rights carve-out, the wage-and- cause they deem the case too complex state in which the claims arise. The reason is hour carve-out. It excludes non-action and unmanageable. Result: harmed that state wage and hour laws typically pro- vide more complete remedies for victims of cases involving physical injuries, an at- consumers will never have their cases adjudicated in the courts. wage and hour violations than the federal torney general carve-out, the anti-se- wage and hour statute. For instance, the fed- crecy language; and in particular it It also makes it impossible for States eral Fair Labor Standards Act (FLSA) offers does not allow companies to go off- to pursue actions against defendants no protection for a worker who works 30 shore to avoid class action lawsuits. who have caused harm to the State’s hours and is paid for 20, so long as the work- Mr. Speaker, let me simply say this citizens. State attorneys general often er’s total pay for the 30 hours worked ex- is a bill on the floor with no problem. pursue these claims under State con- ceeds the federal minimum wage. However, sumer protection statutes, antitrust many states have ‘‘payment of wage’’ laws But I can tell you, America, you are that would require that the worker be fully going to have a big problem once this laws, often with the attorney general acting as the class representative for paid for those additional 10 hours of work. bill is passed, and I am saddened by the Also, federal law provides no remedy for fact that time after time we come to the consumers of the State. part-time workers who often work 10–16 hour Under this bill, would we want these this floor and we close out the working days, yet earn no overtime because they cases to be thrown into Federal court people, we close out the middle-class, work less than 40 hours per week. At least and severely impede the State’s ability and we close out those who need relief. six states and territories, however, including to enforce its own laws for its own citi- Mr. CONYERS. Mr. Speaker, I yield California and Alaska, require payment of zens? That is what will happen. That is overtime after a prescribed number of hours myself such time as I may consume. are worked in a single day. Mr. Speaker, we have listened care- what will take place. So I am very pleased to put in the Likewise, state laws increasingly provide fully to the discussion here, and it is greater civil rights protection than federal RECORD the letter from the States at- very clear that one thing is for sure: law. For example, every state has passed a torneys general opposing this legisla- this is not a simple procedural fix to law prohibiting discrimination on the basis tion, those attorneys general from class actions in our courts. of disability. Some of these state statutes California, Illinois, Iowa, Kentucky, provide a broader definition of disability and b 1145 Maine, Maryland, Massachusetts, Min- a greater range of protection in comparison Another thing, it is clear that all of nesota, New Jersey, New Mexico, New to the federal Americans with Disabilities the totally unsatisfactory provisions York, Oklahoma, Oregon, Vermont, Act including California, Minnesota, New and West Virginia. Jersey, New York, Rhode Island, Wash- have not been removed. ington, and West Virginia. In addition, every First, the bill, as the gentlewoman I would also like to add the letter from the environmental organizations state has enacted a law prohibiting age dis- from Texas has said, harms working crimination in employment, and some of Americans and victims of discrimina- which have made their case as to why these state laws—including those of Cali- tion who are in no position to bring in- this would be a very harmful measure. fornia, Michigan, Ohio and the District of dividual actions of wage-and-hour cases The signatories of this letter include Columbia—contain provisions affording or civil rights discrimination claims. the United States Public Interest Re- greater protection to older workers than Moving the cases to Federal court will search Group, PIRG; the Wilderness comparable provisions of the federal Age Discrimination in Employment Act (ADEA). result in many never being ever heard Society; the Sierra Club; the National Environment Trust; Greenpeace; In addition, many state laws provide pro- at all. tections to classifications not covered by Many State laws provide better pro- Friends of the Earth; and the National federal law. For example, the following tection than Federal statutes. For ex- Audubon Society, and many others. states provide protection for marital status: ample, 20 States provide protection for Finally, Mr. Speaker, I include in Alaska, California, Connecticut, Delaware, marital status and Federal law does this debate from the Leadership Con- Florida, Hawaii, Illinois, Maryland, Michi- not. Twenty-one States extend Federal ference and the AFL–CIO, and the Alli- gan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, North definitions of national origin discrimi- ance For Justice, all writing on one letter, and they plead with us in the Dakota, Oregon, Virginia, Washington, and nation by including ancestry, place of Wisconsin. Moreover, several states have ex- birth, and citizenship status; and 31 House of Representatives to protect working men and women and civil panded Title VII’s ban on national origin dis- States prohibit genetic discrimination crimination to prohibit discrimination on in the workplace, not provided under rights litigants by opposing the meas- the basis of ancestry, or place of birth, or Federal law. ure that is before us. citizenship status. These states include Ar- Secondly, this bill closes the door on Washington, DC, February 15, 2005. kansas, California, Colorado, Connecticut, victims of large-scale personal injury DEAR REPRESENTATIVE: On behalf of the Hawaii, Illinois, Indiana, Kansas, Maine, undersigned civil rights and labor organiza- cases resulting from accidents, envi- Massachusetts, Missouri, New Jersey, New tions, we write to urge you to vote against Mexico, Ohio, Pennsylvania, South Dakota, ronmental disasters, or dangerous the Class Action Fairness Act (S. 5), which Vermont, West Virginia, Wisconsin, Wyo- drugs that are widely sold. Although passed the Senate last week. While the bill ming, and the Virgin Islands. these cases are filed in State courts was pending before the Senate, we pushed for Finally, 31 states have enacted legislation under State law, the bill will treat an amendment offered by Senator Kennedy prohibiting genetic discrimination in the them as class actions and throw them that would have exempted civil rights and workplace—an important protection given willy-nilly into the Federal court. wage and hour state law cases. Because the the rapid increase in the ability to gather While harming victims of personal amendment was not adopted, we ask you to this type of information. The 31 states are reject S. 5 in order to ensure that the Class Arizona, Arkansas, California, Connecticut, injury, this provision greatly helps the Action Fairness Act does not adversely im- Delaware, Hawaii, Iowa, Kansas, Louisiana, companies, like Merck, the company pact the workplace and civil rights of ordi- Maine, Maryland, Massachusetts, Michigan, that manufactured the deadly drug nary Americans by making it extremely dif- Minnesota, Missouri, Nebraska, Nevada, New Vioxx. Since the discovery of the dan- ficult to enforce civil rights and labor rights. Hampshire, New Jersey, New York, North

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.024 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H739 Carolina, Oklahoma, Oregon, Rhode Island, National Association for Equal Opportunity though that law contains no tort liability South Dakota, Texas, Utah, Vermont, Vir- in Higher Education; National Association of waiver for MTBE). Yet a California state ginia, Washington, and Wisconsin. In addi- Protection and Advocacy Systems; National court rejected a similar federal preemption tion, Florida and Illinois have enacted more Association of Social Workers; National Em- argument and let the case go to. a jury, limited protections against genetic discrimi- ployment Lawyers Association; National which found oil refineries, fuel distributors, nation. Fair Housing Alliance; National Organiza- and others liable for damages. These cases Under S. 5, citizens are denied the right to tion for Women; National Partnership for highlight how a state court may be more use their own state courts to bring class ac- Women and Families; National Women’s Law willing to uphold legitimate state law tions against corporations that violate these Center; Paper, Allied-Industrial, Chemical claims. Other examples of state-law cases state wage and hour and state civil rights and Energy Workers International Union; that would be weakened by this bill include laws, even where that corporation has hun- Paralyzed Veterans of America. lead contamination cases, mercury contami- dreds of employees in that state. Moving People For the American Way; Pride At nation, perchlorate pollution and other these state law cases into federal court will Work, AFL–CIO; Service Employees Inter- ‘‘toxic tort’’ cases. delay and likely deny justice for working national Union; Transport Workers Union of In a letter to the Senate last year, the U.S. men and women and victims of discrimina- America; Transportation Communications Judicial Conference expressed their contin- tion. The federal courts are already overbur- International Union; UAW; Unitarian Uni- ued opposition to such broadly written class dened. Additionally, federal courts are less versalist Association of Congregations; action removal legislation. Notably, their likely to certify classes or provide relief for UNITE!; United Cerebral Palsy; United Food letter states that, even if Congress deter- violations of state law. and Commercial Workers International mines that some ‘‘significant multi-state In light of the lack of any compelling need Union; United Steelworkers of America; class actions’’ should be brought within the to sweep state wage and hour and civil rights Utility Worker Union of America; and removal jurisdiction of the federal courts, claims into the scope of the bill, which is Women Employed. Congress should include certain limitations done in the current bill, we urge you to vote and exceptions, including for class actions against S. 5. In the event that amendments FEBRUARY 7, 2005. ‘‘in which plaintiff class members suffered are offered, we support any amendment that, DEAR SENATOR: Our organizations are op- personal injury or personal property damage like the Kennedy amendment and others of- posed to the sweepingly-drawn and within the state, as in the case of a serious fered in the Senate, preserves the right of in- misleadingly named ‘‘Class Action Fairness environmental disaster.’’ The Judicial Con- dividuals to bring class actions in an effec- Act of 2005.’’ This bill is patently unfair to ference’s letter explains that this ‘‘environ- tive, efficient manner. citizens harmed by toxic spills, contami- mental harm’’ exception should apply ‘‘to all If you have any questions, or need further nated drinking water, polluted air and other individuals who suffered personal injuries or information, please call Nancy Zirkin, Dep- environmental hazards involved in class ac- losses to physical property, whether or not uty Director of the Leadership Conference on tion cases based on state environmental or they were citizens of the state in question.’’ Civil Rights (202–263–2880); Sandy Brantley, public health laws. S. 5 would allow cor- We agree with the Judicial Conference that Legislative Counsel, Alliance for Justice porate defendants in many pollution class cases involving environmental harm are not (202–822–6070); or Bill Samuel, Legislative Di- actions and ‘‘mass tort’’ environmental cases even close to the type of cases that pro- rector, AFL–CIO (202–637–5320). to remove these kinds of state environ- ponents of S. 5 cite when they call for re- Sincerely, mental matters from state court to federal forms to the class action system. Including AARP; AFL–CIO; Alliance for Justice; court, placing the cases in a forum that such cases in the bill penalizes injured par- American-Arab Anti-Discrimination Com- could be more costly, more time-consuming, ties in those cases for no reason other than mittee; American Association of People with and disadvantageous to your constituents to benefit the polluters. No rationale has Disabilities; American Association of Uni- harmed by toxic pollution. State law envi- been offered by the bill’s supporters for in- versity Women; American Civil Liberties ronmental harm cases do not belong in this cluding environmental cases in S. 5’s provi- Union; American Federation for the Blind; legislation and we urge you to exclude such sions. We are unaware of any examples of- American Federation of Government Em- pollution cases from the class action bill. fered by bill supporters of environmental ployees; American Federation of School Ad- Class actions protect the public’s health harm cases that represent alleged abuses of ministrators; American Federation of State, and the environment by allowing people with the state class actions. More proof of the overreaching of this bill County & Municipal Employees; American similar injuries to join together for more ef- is that the so-called ‘‘Class Action Fairness Federation of Teachers; American Jewish ficient and cost-effective adjudication of Act’’ is not even limited to class action Committee; Americans for Democratic Ac- their cases. All too often, hazardous spills, cases. The bill contains a provision that tion. water pollution, or other toxic contamina- would allow defendants to remove to federal The Arc of the United States; Association tion from a single source affects large num- court all environmental ‘‘mass action’’ cases of Flight Attendants; Bazelon Center for bers of people, not all of whom may be citi- involving more than 100 people—even though Mental Health Law; Center for Justice and zens or residents of the same state as that of these cases are not even filed as class ac- Democracy; Coalition of Black Trade Union- the defendants who caused the harm. In such tions. For example, the bill would apply to ists; Communications Workers of America; cases, a class action lawsuit in state court cases similar to the recently concluded Consortium for Citizens with Disabilities based on state common law doctrines of neg- state-court trial in Anniston, Alabama, Civil Rights Task Force; Department for ligence, nuisance or trespass, or upon rights where a jury awarded damages to be paid by Professional Employees, AFL–CIO; Dis- and duties created by state statutes in the Monsanto and Solutia for injuring more than ability Rights Education and Defense Fund; state where the injuries occur, is often the 3,500 people that the jury—found had been Epilepsy Foundation; Federally Employed best way of fairly resolving these claims. exposed over many years—with the compa- For example, thousands of families around Women; Federally Employed Women’s Legal nies’ knowledge—to cancer-causing PCBs. & Education Fund, Inc.; Food & Allied Serv- the country are now suffering because of There is little doubt in the Anniston case ice Trades Department, AFL–CIO; Human widespread groundwater contamination that, had S. 5 been law, the defendants would Rights Campaign. caused by the gasoline additive MTBE, which have tried to remove the case from the state International Association of Machinists the U.S. government considers a potential court that serves the community that suf- and Aerospace Workers; International Broth- human carcinogen. According to a May, 2002 fered this devastating harm. Even in the erhood of Boilermakers, Iron Ship Builders, GAO report, 35 states reported that they find best-case scenario, S. 5 would put plaintiffs Blacksmiths, Forgers and Helpers; Inter- MTBE in groundwater at least 20 percent of like those in Anniston in the position of hav- national Brotherhood of Electrlcal Workers; the time they sample for it, and 24 states ing to fight costly and time-consuming court International Brotherhood of Teamsters; said that they find it at least 60 percent of battles in order to preserve their chosen International Federation of Professional & the time. Some communities and individuals forum for litigating their claims. In any Technical Engineers; International Union of have brought or soon will bring suits to re- case, it would reward the kind of reckless Bricklayers and Allied Craftworkers; Inter- cover damages for MTBE contamination and corporate misbehavior demonstrated by national Union of Painters and Allied Trades hold the polluters accountable, but under Monsanto and Solutia by giving defendants of the United States and Canada; Inter- this bill, MTBE class actions or ‘‘mass ac- in such cases the right to remove state-law national Union, United Automobile, Aero- tions’’ based on state law could be removed cases to federal court over the objections of space & Agricultural Workers of America; to federal court by the oil and gas companies those they have injured. Jewish Labor Committee; Lawyers’ Com- in many of these cases. The so-called ‘‘Class Action Fairness Act’’ mittee for Civil Rights Under Law; Lawyers’ This could not only make these cases more would allow corporate polluters who harm Committee for Civil Rights of the San Fran- expensive, more time-consuming and more the public’s health and welfare to exploit the cisco Bay Area; Leadership Conference on difficult for injured parties, but could also availability of a federal forum whenever Civil Rights; Legal Momentum; Mexican result in the dismissal of legitimate cases by they perceive an advantage to doing so. It is American Legal Defense and Educational federal judges who are unfamiliar with, or nothing more than an attempt to take legiti- Fund. less respectful of, state-law claims. For ex- mate state-court claims by injured parties NAACP; NAACP Legal Defense & Edu- ample, in at least one MTBE class action, a out of state court at the whim of those who cational Fund, Inc.; National Alliance of federal court dismissed the case based on oil have committed the injury. Postal and Federal Employees; National companies’ claims that the action was Cases involving environmental harm and Asian Pacific American Legal Consortium; barred by the federal Clean Air Act (even injury to the public from toxic exposure

VerDate Aug 04 2004 01:32 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.023 H17PT1 H740 CONGRESSIONAL RECORD — HOUSE February 17, 2005 should not be subject to the bill’s provisions; raised the costs of certain prescription W.A. Drew Edmondson, Attorney General, if these environmental harm cases are not drugs. Such cases have resulted in recoveries Oklahoma. excluded, we strongly urge you to vote of approximately 235 million dollars, the ma- Tom Corbett, Attorney General, Pennsyl- against S. 5. jority of which is earmarked for consumer vania. Sincerely, restitution. In several instances, the States’ Patrick Lynch, Attorney General, Rhode S. Elizabeth Birnbaum, Vice President for recoveries provided one hundred percent re- Island. Government Affairs, American Rivers. imbursement directly to individual con- Lawrence Long, Attorney General, South Doug Kendall, Executive Director, Commu- sumers of the overcharges they suffered as a Dakota. nity Rights Counsel. result of the illegal activities of the defend- Paul Summers, Attorney General, Mary Beth Beetham, Director of Legisla- ants. This often meant several hundred dol- Tennesse. tive Affairs, Defenders of Wildlife. lars going back into the pockets of those Darrell McGraw, Attorney General, West Sara Zdeb, Legislative Director, Friends of consumers who can least afford to be victim- Virginia. the Earth. ized by illegal trade practices, senior citizens Patrick Crank, Attorney General, Wyo- Anne Georges, Acting Director of Public living on fixed incomes and the working poor ming. Policy, National Audubon Society. who cannot afford insurance. Rob McKenna, Attorney General, Wash- Karen Wayland, Legislative Director, Nat- We encourage you to support the afore- ington. ural Resources Defense Council. mentioned amendment exempting all actions Peg Lautenschlager, Attorney General, Tom Z. Collina, Executive Director, 20/20 brought by State Attorneys General from Wisconsin. Vision. the provisions of S. 5, or any similar legisla- Mr. Speaker, I urge my colleagues to Linda Lance, Vice President for Public tion. It is important to all of our constitu- seriously consider the excellent presen- Policy, The Wilderness Society. ents, but especially to the poor, elderly and tations made on our side of the aisle Paul Schwartz, National Campaigns Direc- disabled, that the provisions of the Act not tor, Clean Water Action. and vote against the measure that is be misconstrued and that we maintain the before us today. James Cox, Legislative Counsel, enforcement authority needed to protect Earthjustice. them from illegal practices. We respectfully Mr. Speaker, I yield back the balance Ken Cook, Executive Director, Environ- submit that the overall purposes of the legis- of my time. mental Working Group. lation would not be impaired by such an Mr. SENSENBRENNER. Mr. Speak- Rick Hind, Legislative Director, Toxics amendment that merely clarifies the exist- er, I yield myself the balance of the Campaign, Greenpeace US. ing authority of our respective States. Kevin S. Curtis, Vice President, National time. Thank you for your consideration of this Environmental Trust. Mr. Speaker, notwithstanding what very important matter. Please contact any Ed Hopkins, Director, Environmental we have heard from opponents of this of us if you have questions or comments. Quality Programs, Sierra Club. legislation, its passage would not ex- Sincerely, Julia Hathaway, Legislative Director, The Mike Beebee, Attorney General, Arkansas. tinguish the legal right of any injured Ocean Conservancy. Gregg Renkes, Attorney General, Alaska. party, whether it be a class action, a Anna Aurilio, Legislative Director, U.S. Mark Shurtleff, Attorney General, Utah. mass action, or an individual lawsuit Public Interest Research Group. Fiti Sunia, Attorney General, American from proceeding in a court of com- Samoa. NATIONAL ASSOCIATION petent jurisdiction in the United Terry Goddard, Attorney General, Arizona. States. What the bill does do is it puts OF ATTORNEYS GENERAL, John Suthers, Attorney General, Colorado. Washington, DC, February 7, 2005. Jane Brady, Attorney General, Delaware. some sense into the class action sys- Hon. BILL FRIST, Charlie Crist, Attorney General, Florida. tem so that the members of the plain- Senate Majority Leader, U.S. Senate, Mark Bennett, Attorney General, Hawaii. tiff’s class will be fairly and adequately Dirksen Building, Washington, DC. Stephen Carter, Attorney General, Indi- compensated rather than seeing all of Hon. HARRY REID, ana. their gains go to attorneys and them Senate Minority Leader, U.S. Senate, Bill Lockyer, Attorney General, California. just getting coupon settlements from Hart Building, Washington, DC. Richard Blumenthal, Attorney General, DEAR SENATE MAJORITY LEADER FRIST AND Connecticut. the people who have allegedly done SENATE MINORITY LEADER REID: We, the un- Robert Spagnoletti, Attorney General, Dis- them wrong. dersigned State Attorneys General, write to trict of Columbia. I was particularly perturbed listening express our concern regarding one limited Thurbert Baker, Attorney General, Geor- to the gentleman from Massachusetts aspect of pending Senate Bill 5, the ‘‘Class gia. (Mr. MARKEY), who said that the kids Action Fairness Act,’’ or any similar legisla- Lawrence Wasden, Attorney General, who start smoking at 13 and 14 years tion. We take no position on the Act as a Idaho. Tom Miller, Attorney General, Iowa. old are going to be denied their day in general matter and, indeed, there are dif- court, and that the tobacco companies fering views among us on the policy judg- Greg Stumbo, Attorney General, Ken- ments reflected in the Act. We join together, tucky. are going to end up cashing in on a big however, in a bipartisan request for support Steven Rowe, Attorney General, Maine. bonanza. of Senator Mark Pryor’s potential amend- Tom Reilly, Attorney General, Massachu- Well, I had my staff, while this was ment to S. 5, or any similar legislation, setts. going on, look at what has happened to clarifying that the Act does not apply to, Mike Hatch, Attorney General, Minnesota. Altria, the parent company of Philip and would have no effect on, actions brought Jay Nixon, Attorney General, Missouri. Jon Bruning, Attorney General, Nebraska. Morris. Since the other body passed by any State Attorney General on behalf of Kelly Ayotte, Attorney General, New this bill, Altria stock has gone down by his or her respective state or its citizens. Hampshire. at least $1.50, or 2 percent. And today, As Attorneys General, we frequently inves- Charles Foti, Attorney General, Louisiana. tigate and bring actions against defendants the Reuters story that came out less Joseph Curran, Attorney General, Mary- who have caused harm to our citizens. These than an hour ago says that the Dow land. has been dragged down by Altria. cases are usually brought pursuant to the Mike Cox, Attorney General, Michigan. Attorney General’s parens patriae authority Jim Hood, Attorney General, Mississippi. Now, if this was the bonanza to inves- under our respective consumer protection Mike McGrath, Attorney General, Mon- tors in Altria, the stock would not be and antitrust statutes. In some instances, tana. going down. It is not. That is a falla- such actions have been brought with the At- Brian Sandoval, Attorney General, Nevada. cious argument. Reject the substitute torney General acting as the class represent- Peter Harvey, Attorney General, New Jer- and pass the bill. ative for the consumers of the state. It is our sey. concern that certain provisions of S. 5 might Mr. HASTERT. Mr. Speaker, I’m pleased Eliot Spitzer, Attorney General, New join my colleagues here today who support be misinterpreted to hamper the ability of York. the Attorneys General to bring such actions, Wayne Stenehjem, Attorney General, taking a historic first step to breaking one of thereby impeding one means of protecting North Dakota. the main shackles holding back our economy our citizens from unlawful activity and its Jim Petro, Attorney General, Ohio. and America’s workforce—lawsuit abuse. resulting harm. Hardy Myers, Attorney General, Oregon. For the last decade, the Republican Con- The Attorneys General have been very suc- Roberto Sanchez Ramos, Attorney Gen- gress has worked to end out of control law- cessful in litigation initiated to protect the eral, Puerto Rico. suits. Today is the day we will pass common- rights of our consumers. For example, in the Henry McMaster, Attorney General, South sense legislation and put an end to Class Ac- pharmaceutical industry, the States have re- Carolina. cently brought enforcement actions on be- Roy Cooper, Attorney General, North tion Lawsuit abuse. half of consumers against large, often for- Carolina. I particularly want to praise the efforts of eign-owned, drug companies for overcharges Pamela Brown, Attorney General, N. Mar- House Judiciary Chairman JIM SENSEN- and market manipulations that illegally iana Islands. BRENNER for his relentless work. Without his

VerDate Aug 04 2004 04:23 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 9920 E:\CR\FM\A17FE7.025 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H741 stewardship, I don’t think th achievement legislation on class actions unrelated to per- I will continue to be open to changes that would have become a reality. sonal injuries. It would have added important make our judicial system work better, but not I come from Illinois—the Land of Lincoln— protections for the public’s right to know about at the expense of the people I represent. It is where downstate Madison County has the du- the proceedings in our courts. And it would essential that we hold accountable the forces bious distinction as a personal injury lawyer’s have made other changes that would have im- that have so much impact on the lives of paradise. No, there are not palm trees or proved the bill. every American. sandy beaches there. Instead, Madison Coun- Unfortunately, the substitute was not adopt- Mr. WEXLER. Mr. Speaker, I rise today in ty, Illinois, is home to very warm courtrooms ed—and I have come to the reluctant conclu- strong opposition to the so-called ‘‘Class Ac- where frivolous lawsuits are filed virtually ev- sion that I must vote against the bill. tion Fairness Act.’’ I have strong objections to eryday. That conclusion is reluctant because in sev- not only to the text of the bill itself but also to Why’s Madison County? The answer: eral ways this bill is better—or, more accu- the very process by which it was strong-armed ‘‘venue shopping.’’ rately, less bad—than its predecessors. by the Republican leadership past the Judici- Cagey trial lawyers have figured out there’s Unlike earlier versions, S. 5 would not have ary Committee. This process did not allow any a pretty good likelihood their case—no matter a retroactive effect, so it would not affect opportunity for committee members to raise what its merit—will literally get its day in court pending cases. It also does not include a pro- our objections or to work constructively to fix because of favorable judges. vision for immediate interlocutory appeals of the major problems in this legislation. This cir- To use a sports analogy, thanks to willing denials of class action certification, or for a cumvention of regular order is being sold to us judges, personal injury lawyers get to play on stay of all discovery while the appeal was with a myriad of excuses, one of them is that their ‘‘home court’’ each and every time they pending. And in several other ways, it differs the bill is a simple procedural fix for a judicial file a frivolous lawsuit there. for the better from previous versions. crisis with nothing controversial in it. For instance, a legendary class action case However, while the bill is less bad, in my Nothing could be further from the truth. This from Madison County illustrates what’s wrong opinion it still is not good enough. I remain un- bill is a federal mandate to undermine and all with the current legal system. convinced that the problem the bill purports to but kill the ability to raise class actions cases In 2000, Cable TV customers who filed suit address is so great as to require such a in State courts. Under this so-called ‘‘proce- over their cable operator’s late fee policy won sweeping remedy, and I am still concerned dural bill,’’ almost every class action lawsuit their case, but received nothing . . . not a that in too many cases the side-effects of this would be removed from State jurisdiction and dime, not a nickel, not a Lincoln penny. In- treatment will be more severe than the dis- forced onto an already overburdened Federal stead, their $5.6 million settlement went di- ease. judiciary. Moving these cases to Federal court rectly into the pockets of their attorneys. How Mr. Speaker, one of the most important will make litigation more costly, more time- is that justice? How does that help victims? rights we have as Americans is the ability to consuming and less likely that victims can get The American people deserve better. Our seek redress from the courts when we believe their rightful day in court at all. This bill is so working families demand better. our rights have been abridged or we have preposterously far-reaching it would prevent Today’s action takes a step in the right di- been improperly treated. And, when a com- State courts from considering class action rection to end the so-called Tort Tax. plaint arises under a State law, it is both ap- cases that only involve State laws. We have The Tort Tax makes consumers pay more propriate and desirable that it be heard in already added so many State cases to Fed- for the goods and services they use. State court because those are the most con- eral jurisdiction that if this bill passes victims The Tort Tax adds to the cost of everything venient and with the best understanding of will be added to the substantial backlog of we buy because businesses and manufactur- State laws and local conditions. Federal cases and will likely find it difficult to ers have to cover themselves and their em- Of course, it is appropriate to provide for re- ever have their cases heard. ployees—just in case they get sued by a moving some State cases to Federal courts. It should be obvious to even the most cas- greedy personal injury lawyer. But I think that should be more the exception ual observer that the intent of this bill is to pre- At last estimate, this outrageous Tort Tax than the rule, and I think this bill tends to re- vent class action lawsuits from ever being cost the nation’s economy $246 billion a year, verse that. I think it excessively tilts the bal- heard. Members should make no mistake and by 2006, it will cost the average American ance between the States and the Federal gov- about it—if we pass this misguided legislation, nearly $1,000 more each year on their pur- ernment so as to throw too many cases into we will have effectively shut the door on civil chases because of defensive business prac- already-overburdened Federal courts—with rights, on workers rights and on anyone in- tices. the predictable result that too many will be dis- jured through corporate negligence. In closing, as a matter of principle, damage missed without adequate consideration of their Mr. Speaker, I urge my colleagues to join awards should go to the victim, not the law- merits. me in opposing one of the most destructive yers. Lawsuits should not be ‘‘strike it rich’’ So, while I respect those who have urged and far reaching civil justice measures ever schemes for lawyers. the House to pass this bill, I cannot vote for considered by this body. There has to be some limit to what lawyers it. Mr. SHAYS. Mr. Speaker, I rise in support can take from their clients. Otherwise, cagey Mr. BLUMENAUER. Mr. Speaker, I agree of S. 5, the Class Action Fairness Act. attorneys end up with the lion’s share of the with this bill’s intent to prevent the legal sys- This legislation will work to balance class settlement and the victims end up with little tem from being ‘‘gamed’’ by attorneys who actions. Currently, plaintiffs’ lawyers take ad- more than scraps. lump thousands of speculative claims into a vantage of the system by bringing large, na- Mr. UDALL of Colorado. Mr. Speaker, the single class action lawsuit and then seek out tional lawsuits in specific jurisdictions with re- House has considered similar legislation in a sympathetic State court. Any abusive or friv- laxed certification criteria. 1999, 2002, and 2003. On each of those oc- olous class action is a drain on the system Attorneys are increasingly filing interstate casions, I voted ‘‘no’’—not because I was un- and forces innocent defendants to settle cases class actions in State courts, mostly in what alterably opposed to Congress acting on this rather than play judicial roulette with the risk of are known as ‘‘magnet’’ jurisdictions. Courts in subject, but because in my judgment the de- a huge unjustified settlement. these jurisdictions are attractive to lawyers be- fects of those bills outweighed their potential Unfortunately, instead of narrowly focusing cause they routinely approve settlements in benefits. on such abuses, Senate bill 5 completely which attorneys receive large fees and the When it was announced that this bill would reconfigures the judicial system, resulting in class members receive virtually nothing, and be considered, I hoped that the pattern would diminished corporate accountability and funda- they also decide the claims of other state’s be broken and that this time I would be able mental legal rights of individuals. While this bill citizens under the court’s state law. to support the legislation. And if the Conyers makes some improvements to limit frivolous This results in more and more class actions substitute had been adopted, that would have lawsuits, it does so at a price that will make being losing propositions for everyone in- been the case. it harder for average Americans to success- volved—except for the lawyers who brought Adoption of the substitute would have great- fully pursue real claims against interests that them. ly improved the legislation. It would have re- violate their States’ consumer health, civil The Class Action Fairness Act works to im- affirmed the authority and ability of each rights, and environmental protection laws. This prove our legal system by allowing larger State’s Attorney General to carry out his or is an unnecessary tradeoff. I voted for a interstate class action cases to be heard in her duties under State law. It would have Democratic substitute motion which would Federal courts, closing the magnet jurisdiction made sure that the bill would not prejudice have minimized some of these abuses. Sadly, loophole. people with complaints about violations of their it was defeated and, as a result, I voted This bill will also make it easier for local civil rights. It would have properly focused the against final passage. businesses to avoid harassment. Currently,

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\CR\FM\A17FE7.032 H17PT1 H742 CONGRESSIONAL RECORD — HOUSE February 17, 2005 plaintiffs’ lawyers can name a local business Class actions have addressed the looting of Few of us would stand here and argue that in a nationwide liability suit to stay out of Fed- company after company by corporate insiders, there is too much accountability in corporate eral court. This legislation will put an end to whose brazen misconduct and self-dealing de- America today. In recent years, millions of our this unfair practice. frauded creditors and investors of billions of constituents have been swindled out of their Finally, S. 5 protects consumers with a con- dollars, and stripped employees and retirees retirement savings by corporate crooks at sumer class action bill of rights. The bill of of their livelihood and life savings. Enron, WorldCom, and other companies. For rights includes several provisions designed to Yet if this bill becomes law, the victims of years, many unscrupulous mutual fund man- ensure class members—not their attorneys— those practices will face new obstacles in their agers were skimming off the top of their cli- are the primary beneficiaries of the class ac- efforts to call those executives to task. ents’ investment funds. Drug companies put tion process, and are not simply awarded a This bill is not about protecting plaintiffs. It’s new products on the market like Vioxx that coupon at the end of a trial. not about protecting the public. It’s about pro- they knew to be unsafe. Allowing judges to limit attorney’s fees when tecting large corporations whose conduct has This bill is a windfall for companies that the value of the settlement received by the been egregious. It’s about protecting the pow- have profited while causing harm to others. class member is small in comparison and ban- erful at the expense of the powerless. And to And no industry is in a better position to ben- ning settlements that award some class mem- prevent people from banding together as a efit than the tobacco industry. It’s little wonder bers more simply because they live closer to class to challenge that power in the only way that tobacco stocks rallied at the news that the the court will make class action suits more fair they can. Senate had passed this bill. and help compensate the people who were We must also see this bill in its proper con- I’d like to read from a Wall Street analyst’s wronged, not the attorney’s handling their text. It is part of an ambitious and multi- view of how this bill would impact the tobacco case. pronged campaign by major corporations to industry. ‘‘Flash—Senate Just Passed Class I strongly support S. 5 and encourage my evade their obligations to society. Action Bill—Positive for Tobacco,’’ the analyst colleagues to do so as well. Under the guise of ‘‘deregulation’’ we’re writes. Mr. DELAHUNT. Once again, Mr. Speaker, watching the wholesale dismantling of health ‘‘The Senate just passed a bill 72–26 which we have before us a bill that would sweep and safety standards, environmental protec- is designed to funnel class-action suits with aside generations of State laws that protect tions, and longstanding limits on concentration plaintiffs in different States out of State courts consumers. Citizens will be denied their basic of ownership within the media and other key and into the Federal court system, which is right to use their own State courts to file class industries. typically much less sympathetic to such litiga- action lawsuits against companies—even if Today’s bill completes this picture. It takes tion. The practical effect of the change could there are clear violations of State labor laws or aim at the civil justice system that exists to be that many cases will never be heard given State civil rights laws. This bill comes after a correct the wrongs that the government cannot how overburdened Federal judges are, which lobbying campaign costing business interests or will not address. I urge my colleagues to might help limit the number of cases.’’ tens of millions of dollars. Well, that was oppose this blatant effort to muzzle the courts. I only wish that the proponents of this bill money well spent. With this sweeping legisla- This bill is but the latest in a series of assaults would use such candid language to describe tion, corporations will have free reign to avoid by those on the other side attacking the ability its true intent—to make sure that legitimate responsibility for the wrongs they commit. of individuals to seek relief from the courts. cases are never heard, and to shield corpora- It is just shameful that the victims of cor- And it is also but the latest in a series of as- tions from accountability for their actions. porate misconduct do not have the same level saults on States’ rights to provide legal rem- The class action system is a major reason of influence here in the halls of Congress. edies for harm suffered by their citizens. why we have safer consumer products, more Let’s not forget the people who died as a re- We cannot allow them to do it, Mr. Speaker. honest advertising, cleaner air and drinking sult of defective tires manufactured by Fire- I urge my colleagues to vote ‘‘no.’’ water, and better workplace protections than stone. What about countless individuals who Mr. BACA. Mr. Speaker, I ask unanimous many other countries. died as a result of the tobacco industry’s fail- consent to revise and extend my remarks. All of us are empowered by the right to ure to disclose the risks of cigarettes? Mr. Speaker, I rise in strong opposition of S. band together and seek justice. Class actions Well, if it is any indication of this bill’s in- 5, the so-called ‘‘Class Action Fairness Act.’’ are one of the most effective and powerful tent—tobacco is already celebrating this week. This bill will send the majority of class action ways we have to hold people accountable for Stocks are up and the industry is glowing. Let suits from State to Federal courts, making it their actions. me quote their take on this bill, ‘‘The practical more difficult for people who have been un- I oppose this attempt to shut the courthouse effect of the change could be that many cases fairly hurt to collect compensation for their in- door to people who have been wronged. will never be heard given how overburdened juries. Mr. STARK. Mr. Speaker, I rise today to op- Federal judges are.’’ Federal courts are already overwhelmed by pose this misguided legislation to limit the abil- Plainly that is the goal of the bill. The goal a large number of drug and immigration ity of average Americans to seek redress for is to ensure that legitimate plaintiffs are denied cases, and they don’t have the time or the re- injury and harm caused by corporate malfea- any recovery at all. And that whatever recov- sources to deal with complex issues of State sance. ery they do receive is delayed as long as pos- law. Don’t be fooled by the title of this bill. Con- sible. I have spent decades in courtrooms and This bill has it all wrong. Instead of pun- gress is not standing up for the average Amer- I can tell my colleagues—from my own experi- ishing individuals who pursue frivolous law- ican under this bill. It’s not fixing inequities in ence—that justice delayed is justice denied. suits, this bill will punish innocent people who our judicial system. It’s making those inequi- The doors to the courthouse will be locked have been wrongfully hurt. ties worse by giving the upper hand to big cor- shut. And this Republican leadership is hand- This bill is a payoff to large companies and porations. ing the key to corporate America. special interests. It takes rights away from I won’t vote for this Republican-sponsored With complete disregard for precedent-set- consumers in order to protect drug manufac- hoax. It unfairly threatens the very people we ting individual and class action litigation, the turers, insurance companies, HMOs and neg- are all elected to protect. When the so-called Republican leadership is determined to de- ligent doctors. There is no accountability on party of local control makes it a top priority to stroy America’s civil justice system, eliminating their part. move class action cases from State to Federal protections for the poor and powerless. This It is not ‘‘frivolous’’ for an innocent person court, there’s an ulterior motive. bill is a disgrace to the historic victories in who has been harmed through no fault of their Don’t believe the myth my Republican col- courts across the country—to expand con- own to seek compensation for their injuries. leagues want to sell you. Class action suits sumer rights, protect our environment, and When a child is disabled or maimed by a aren’t frivolous. They allow average Americans strengthen workers’ rights. preventable error, it is not frivolous to seek financially unable to launch a judicial battle on And there has been complete disregard for damages from the company responsible for their own the means to seek redress for injury the legislative process in the House. While we the injury. or death of a loved one. They empower con- have had hearings and markups on class ac- This is a bill that’s going to significantly sumers to challenge wrongdoings by wealthy tion legislation in the past, this bill is quite harm small consumers who want to hold large corporations who would otherwise ignore their complex and very different than previous companies accountable for defrauding them. appeal. versions. The fact that the other Chamber has I urge my colleagues to vote ‘‘no’’ on S. 5. I don’t think that the American public would already approved this matter in no way justi- Mr. MEEHAN. Mr. Speaker, I rise in opposi- be satisfied knowing that if this bill passes, the fies a ‘‘rush to judgment’’ in the House, when tion to S. 5, the so-called Class Action Fair- accountability of companies like Eron would so many important rights are at stake. ness Act. be held less accountable. And the makers of

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\A17FE7.036 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H743 Vioxx and other dangerous drugs would be (4) Abuses in class actions undermine the ‘‘§ 1712. Coupon settlements held less accountable. national judicial system, the free flow of ‘‘(a) CONTINGENT FEES IN COUPON SETTLE- It is truthful, law-abiding citizens who will interstate commerce, and the concept of di- MENTS.—If a proposed settlement in a class lose if this bill becomes law, Apparently, in versity jurisdiction as intended by the fram- action provides for a recovery of coupons to ers of the United States Constitution, in a class member, the portion of any attor- America today, we have government for, by, that State and local courts are— and of corporate interests and not the people. ney’s fee award to class counsel that is at- (A) keeping cases of national importance tributable to the award of the coupons shall I ask my colleagues to stand up for real out of Federal court; be based on the value to class members of people and vote against this shameful bill. (B) sometimes acting in ways that dem- the coupons that are redeemed. The SPEAKER pro tempore (Mr. onstrate bias against out-of-State defend- ‘‘(b) OTHER ATTORNEY’S FEE AWARDS IN BOOZMAN). All time for general debate ants; and COUPON SETTLEMENTS.— has expired. (C) making judgments that impose their ‘‘(1) IN GENERAL.—If a proposed settlement view of the law on other States and bind the AMENDMENT IN THE NATURE OF A SUBSTITUTE in a class action provides for a recovery of rights of the residents of those States. OFFERED BY MR. CONYERS coupons to class members, and a portion of Mr. CONYERS. Mr. Speaker, I offer (b) PURPOSES.—The purposes of this Act the recovery of the coupons is not used to de- are to— an amendment in the nature of a sub- termine the attorney’s fee to be paid to class (1) assure fair and prompt recoveries for counsel, any attorney’s fee award shall be stitute. class members with legitimate claims; based upon the amount of time class counsel The SPEAKER pro tempore. The (2) restore the intent of the framers of the reasonably expended working on the action. Clerk will designate the amendment in United States Constitution by providing for ‘‘(2) COURT APPROVAL.—Any attorney’s fee the nature of a substitute. Federal court consideration of interstate under this subsection shall be subject to ap- The text of the amendment in the na- cases of national importance under diversity proval by the court and shall include an ap- ture of a substitute is as follows: jurisdiction; and propriate attorney’s fee, if any, for obtaining (3) benefit society by encouraging innova- Amendment in the nature of a substitute equitable relief, including an injunction, if tion and lowering consumer prices. offered by Mr. CONYERS: applicable. Nothing in this subsection shall Strike all after the enacting clause and in- SEC. 3. CONSUMER CLASS ACTION BILL OF be construed to prohibit application of a sert the following: RIGHTS AND IMPROVED PROCE- lodestar with a multiplier method of deter- DURES FOR INTERSTATE CLASS AC- mining attorney’s fees. SECTION 1. SHORT TITLE; REFERENCE; TABLE OF TIONS. CONTENTS. ‘‘(c) ATTORNEY’S FEE AWARDS CALCULATED (a) IN GENERAL.—Part V is amended by in- (a) SHORT TITLE.—This Act may be cited as ON A MIXED BASIS IN COUPON SETTLEMENTS.— serting after chapter 113 the following: the ‘‘Class Action Fairness Act of 2005’’. If a proposed settlement in a class action (b) REFERENCE.—Whenever in this Act ref- ‘‘CHAPTER 114—CLASS ACTIONS provides for an award of coupons to class erence is made to an amendment to, or re- ‘‘Sec. members and also provides for equitable re- peal of, a section or other provision, the ref- ‘‘1711. Definitions. lief, including injunctive relief— erence shall be considered to be made to a ‘‘1712. Coupon settlements. ‘‘(1) that portion of the attorney’s fee to be section or other provision of title 28, United ‘‘1713. Protection against loss by class mem- paid to class counsel that is based upon a States Code. bers. portion of the recovery of the coupons shall (c) TABLE OF CONTENTS.—The table of con- ‘‘1714. Protection against discrimination be calculated in accordance with subsection tents for this Act is as follows: based on geographic location. (a); and Sec. 1. Short title; reference; table of con- ‘‘1715. Notifications to appropriate Federal ‘‘(2) that portion of the attorney’s fee to be tents. and State officials. paid to class counsel that is not based upon a portion of the recovery of the coupons Sec. 2. Findings and purposes. ‘‘1716. Sunshine in court records. Sec. 3. Consumer class action bill of rights shall be calculated in accordance with sub- and improved procedures for ‘‘§ 1711. Definitions section (b). interstate class actions. ‘‘In this chapter: ‘‘(d) SETTLEMENT VALUATION EXPERTISE.— Sec. 4. Federal district court jurisdiction for ‘‘(1) CLASS.—The term ‘class’ means all of In a class action involving the awarding of interstate class actions. the class members in a class action. coupons, the court may, in its discretion Sec. 5. Removal of interstate class actions ‘‘(2) CLASS ACTION.—The term ‘class action’ upon the motion of a party, receive expert to Federal district court. means any civil action filed in a district testimony from a witness qualified to pro- Sec. 6. Report on class action settlements. court of the United States under rule 23 of vide information on the actual value to the Sec. 7. Enactment of Judicial Conference the Federal Rules of Civil Procedure or any class members of the coupons that are re- recommendations. civil action that is removed to a district deemed. Sec. 8. Rulemaking authority of Supreme court of the United States that was origi- ‘‘(e) JUDICIAL SCRUTINY OF COUPON SETTLE- Court and Judicial Conference. nally filed under a State statute or rule of MENTS.—In a proposed settlement under Sec. 9. Effective date. judicial procedure authorizing an action to which class members would be awarded cou- SEC. 2. FINDINGS AND PURPOSES. be brought by 1 or more representatives as a pons, the court may approve the proposed (a) FINDINGS.—Congress finds the fol- class action. The term ‘class action’ does not settlement only after a hearing to determine lowing: include any civil action brought by, or on be- whether, and making a written finding that, (1) Class action lawsuits are an important half of, any State attorney general or the the settlement is fair, reasonable, and ade- and valuable part of the legal system when chief prosecuting or civil attorney of any quate for class members. The court, in its they permit the fair and efficient resolution county or city within a State. discretion, may also require that a proposed of legitimate claims of numerous parties by ‘‘(3) CLASS COUNSEL.—The term ‘class coun- settlement agreement provide for the dis- allowing the claims to be aggregated into a sel’ means the persons who serve as the at- tribution of a portion of the value of un- single action against a defendant that has al- torneys for the class members in a proposed claimed coupons to 1 or more charitable or legedly caused harm. or certified class action. governmental organizations, as agreed to by (2) Over the past decade, there have been ‘‘(4) CLASS MEMBERS.—The term ‘class the parties. The distribution and redemption abuses of the class action device that have— members’ means the persons (named or of any proceeds under this subsection shall (A) harmed class members with legitimate unnamed) who fall within the definition of not be used to calculate attorneys’ fees claims and defendants that have acted re- the proposed or certified class in a class ac- under this section. sponsibly; tion. ‘‘§ 1713. Protection against loss by class mem- (B) adversely affected interstate com- ‘‘(5) PLAINTIFF CLASS ACTION.—The term bers merce; and ‘plaintiff class action’ means a class action ‘‘The court may approve a proposed settle- (C) undermined public respect for our judi- in which class members are plaintiffs. ment under which any class member is obli- cial system. ‘‘(6) PROPOSED SETTLEMENT.—The term gated to pay sums to class counsel that (3) Class members often receive little or no ‘proposed settlement’ means an agreement would result in a net loss to the class mem- benefit from class actions, and are some- regarding a class action that is subject to ber only if the court makes a written finding times harmed, such as where— court approval and that, if approved, would that nonmonetary benefits to the class mem- (A) counsel are awarded large fees, while be binding on some or all class members. ber substantially outweigh the monetary leaving class members with coupons or other ‘‘(7) STATE.—The term ‘State’ means each loss. awards of little or no value; of the several States of the United States, (B) unjustified awards are made to certain the District of Columbia, the Commonwealth ‘‘§ 1714. Protection against discrimination plaintiffs at the expense of other class mem- of Puerto Rico, the Commonwealth of the based on geographic location bers; and Northern Mariana Islands, and any territory ‘‘The court may not approve a proposed (C) confusing notices are published that or possessions of the United States. settlement that provides for the payment of prevent class members from being able to ‘‘(8) STATE ATTORNEY GENERAL.—The term greater sums to some class members than to fully understand and effectively exercise ‘State attorney general’ means the chief others solely on the basis that the class their rights. legal officer of a State. members to whom the greater sums are to be

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paid are located in closer geographic prox- ‘‘(1) FEDERAL AND OTHER DEPOSITORY INSTI- amended by inserting after the item relating imity to the court. TUTIONS.—In any case in which the defendant to chapter 113 the following: ‘‘§ 1715. Notifications to appropriate Federal is a Federal depository institution, a deposi- ‘‘114. Class Actions ...... 1711’’. tory institution holding company, a foreign and State officials SEC. 4. FEDERAL DISTRICT COURT JURISDIC- bank, or a non-depository institution sub- ‘‘(a) DEFINITIONS.— TION FOR INTERSTATE CLASS AC- sidiary of the foregoing, the notice require- ‘‘(1) APPROPRIATE FEDERAL OFFICIAL.—In TIONS. this section, the term ‘appropriate Federal ments of this section are satisfied by serving (a) APPLICATION OF FEDERAL DIVERSITY JU- official’ means— the notice required under subsection (b) upon RISDICTION.—Section 1332 is amended— ‘‘(A) the Attorney General of the United the person who has the primary Federal reg- (1) by redesignating subsection (d) as sub- States; or ulatory or supervisory responsibility with section (e), and amending the subsection to ‘‘(B) in any case in which the defendant is respect to the defendant, if some or all of the read as follows: a Federal depository institution, a State de- matters alleged in the class action are sub- ‘‘(e) As used in this section— pository institution, a depository institution ject to regulation or supervision by that per- ‘‘(1) the term ‘State’ means each of the holding company, a foreign bank, or a non- son. several States of the United States, the Dis- depository institution subsidiary of the fore- ‘‘(2) STATE DEPOSITORY INSTITUTIONS.—In trict of Columbia, the Commonwealth of going (as such terms are defined in section 3 any case in which the defendant is a State Puerto Rico, the Commonwealth of the of the Federal Deposit Insurance Act (12 depository institution (as that term is de- Northern Mariana Islands, and any territory U.S.C. 1813)), the person who has the primary fined in section 3 of the Federal Deposit In- or possessions of the United States; and Federal regulatory or supervisory responsi- surance Act (12 U.S.C. 1813)), the notice re- ‘‘(2) the term ‘State attorney general’ bility with respect to the defendant, if some quirements of this section are satisfied by means the chief legal officer of a State.’’; or all of the matters alleged in the class ac- serving the notice required under subsection and tion are subject to regulation or supervision (b) upon the State bank supervisor (as that (2) by inserting after subsection (c) the fol- by that person. term is defined in section 3 of the Federal lowing: Deposit Insurance Act (12 U.S.C. 1813)) of the ‘‘(2) APPROPRIATE STATE OFFICIAL.—In this ‘‘(d)(1) In this subsection— section, the term ‘appropriate State official’ State in which the defendant is incorporated ‘‘(A) the term ‘class’ means all of the class means the person in the State who has the or chartered, if some or all of the matters al- members in a class action; primary regulatory or supervisory responsi- leged in the class action are subject to regu- ‘‘(B) the term ‘class action’— bility with respect to the defendant, or who lation or supervision by that person, and ‘‘(i) means any civil action filed under rule licenses or otherwise authorizes the defend- upon the appropriate Federal official. 23 of the Federal Rules of Civil Procedure or ant to conduct business in the State, if some ‘‘(d) FINAL APPROVAL.—An order giving similar State statute or rule of judicial pro- or all of the matters alleged in the class ac- final approval of a proposed settlement may cedure authorizing an action to be brought tion are subject to regulation by that person. not be issued earlier than 90 days after the by 1 or more representative persons as a If there is no primary regulator, supervisor, later of the dates on which the appropriate class action; and or licensing authority, or the matters al- Federal official and the appropriate State of- ‘‘(ii) does not include— leged in the class action are not subject to ficial are served with the notice required ‘‘(I) any civil action brought by, or on be- regulation or supervision by that person, under subsection (b). half of, any State attorney general or the then the appropriate State official shall be ‘‘(e) NONCOMPLIANCE IF NOTICE NOT PRO- chief prosecuting or civil attorney of any the State attorney general. VIDED.— county or city within a State; ‘‘(b) IN GENERAL.—Not later than 10 days ‘‘(1) IN GENERAL.—A class member may ‘‘(II) any class action brought under a after a proposed settlement of a class action refuse to comply with and may choose not to State or local law prohibiting discrimination is filed in court, each defendant that is par- be bound by a settlement agreement or con- on the basis of race, color religion, sex, na- ticipating in the proposed settlement shall sent decree in a class action if the class tional origin, age, disability, or other classi- serve upon the appropriate State official of member demonstrates that the notice re- fication specified in that law; or each State in which a class member resides quired under subsection (b) has not been pro- ‘‘(III) any class action or collective action and the appropriate Federal official, a notice vided. brought to obtain relief under a State or of the proposed settlement consisting of— ‘‘(2) LIMITATION.—A class member may not local law for failure to pay the minimum ‘‘(1) a copy of the complaint and any mate- refuse to comply with or to be bound by a wage, overtime pay, or wages for all time rials filed with the complaint and any settlement agreement or consent decree worked, failure to provide rest or meal amended complaints (except such materials under paragraph (1) if the notice required breaks, or unlawful use of child labor; shall not be required to be served if such ma- under subsection (b) was directed to the ap- ‘‘(C) the term ‘class certification order’ terials are made electronically available propriate Federal official and to either the means an order issued by a court approving through the Internet and such service in- State attorney general or the person that the treatment of some or all aspects of a cludes notice of how to electronically access has primary regulatory, supervisory, or li- civil action as a class action; and such material); censing authority over the defendant. ‘‘(D) the term ‘class members’ means the ‘‘(2) notice of any scheduled judicial hear- ‘‘(3) APPLICATION OF RIGHTS.—The rights persons (named or unnamed) who fall within ing in the class action; created by this subsection shall apply only the definition of the proposed or certified ‘‘(3) any proposed or final notification to to class members or any person acting on a class in a class action. class members of— class member’s behalf, and shall not be con- ‘‘(2) The district courts shall have original ‘‘(A)(i) the members’ rights to request ex- strued to limit any other rights affecting a jurisdiction of any civil action in which the clusion from the class action; or class member’s participation in the settle- matter in controversy exceeds the sum or ‘‘(ii) if no right to request exclusion exists, ment. value of $5,000,000, exclusive of interest and a statement that no such right exists; and ‘‘(f) RULE OF CONSTRUCTION.—Nothing in costs, and is a class action in which— ‘‘(B) a proposed settlement of a class ac- this section shall be construed to expand the ‘‘(A) any member of a class of plaintiffs is tion; authority of, or impose any obligations, du- a citizen of a State different from any de- ‘‘(4) any proposed or final class action set- ties, or responsibilities upon, Federal or fendant; tlement; State officials. ‘‘(B) any member of a class of plaintiffs is ‘‘(5) any settlement or other agreement a foreign state or a citizen or subject of a ‘‘§ 1716. Sunshine in court records contemporaneously made between class foreign state and any defendant is a citizen counsel and counsel for the defendants; ‘‘No order, opinion, or record of the court of a State; or ‘‘(6) any final judgment or notice of dis- in the adjudication of a class action, includ- ‘‘(C) any member of a class of plaintiffs is missal; ing a record obtained through discovery, a citizen of a State and any defendant is a ‘‘(7)(A) if feasible, the names of class mem- whether or not formally filed with the court, foreign state or a citizen or subject of a for- bers who reside in each State and the esti- may be sealed or subjected to a protective eign state. mated proportionate share of the claims of order unless the court makes a finding of ‘‘(3) A district court may, in the interests such members to the entire settlement to fact— of justice and looking at the totality of the that State’s appropriate State official; or ‘‘(1) that the sealing or protective order is circumstances, decline to exercise jurisdic- ‘‘(B) if the provision of information under narrowly tailored, consistent with the pro- tion under paragraph (2) over a class action subparagraph (A) is not feasible, a reason- tection of public health and safety, and is in in which greater than one-third but less than able estimate of the number of class mem- the public interest; and two-thirds of the members of all proposed bers residing in each State and the estimated ‘‘(2) if the action by the court would pre- plaintiff classes in the aggregate and the pri- proportionate share of the claims of such vent the disclosure of information, that dis- mary defendants are citizens of the State in members to the entire settlement; and closing the information is clearly out- which the action was originally filed based ‘‘(8) any written judicial opinion relating weighed by a specific and substantial inter- on consideration of— to the materials described under subpara- est in maintaining the confidentiality of ‘‘(A) whether the claims asserted involve graphs (3) through (6). such information.’’. matters of national or interstate interest; ‘‘(c) DEPOSITORY INSTITUTIONS NOTIFICA- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) whether the claims asserted will be TION.— MENT.—The table of chapters for part V is governed by laws of the State in which the

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.011 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H745 action was originally filed or by the laws of business enterprise and that arises under or ‘‘(A) all parties to the proceeding agree to other States; by virtue of the laws of the State in which such extension, for any period of time; or ‘‘(C) whether the class action has been such corporation or business enterprise is in- ‘‘(B) such extension is for good cause pleaded in a manner that seeks to avoid Fed- corporated or organized; or shown and in the interests of justice, for a eral jurisdiction; ‘‘(C) that relates to the rights, duties (in- period not to exceed 10 days. ‘‘(D) whether the action was brought in a cluding fiduciary duties), and obligations re- ‘‘(4) DENIAL OF APPEAL.—If a final judg- forum with a distinct nexus with the class lating to or created by or pursuant to any se- ment on the appeal under paragraph (1) is members, the alleged harm, or the defend- curity (as defined under section 2(a)(1) of the not issued before the end of the period de- ants; Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and scribed in paragraph (2), including any exten- ‘‘(E) whether the number of citizens of the the regulations issued thereunder). sion under paragraph (3), the appeal shall be State in which the action was originally ‘‘(10) For purposes of this subsection and denied. filed in all proposed plaintiff classes in the section 1453, an unincorporated association ‘‘(d) EXCEPTION.—This section shall not aggregate is substantially larger than the shall be deemed to be a citizen of the State apply to any class action that solely in- number of citizens from any other State, and where it has its principal place of business volves— the citizenship of the other members of the and the State under whose laws it is orga- ‘‘(1) a claim concerning a covered security proposed class is dispersed among a substan- nized. as defined under section 16(f)(3) of the Secu- tial number of States; and ‘‘(11)(A) For purposes of this subsection rities Act of 1933 (15 U.S.C. 78p(f)(3)) and sec- ‘‘(F) whether, during the 3-year period pre- and section 1453 of this title, a foreign cor- tion 28(f)(5)(E) of the Securities Exchange ceding the filing of that class action, 1 or poration which acquires a domestic corpora- Act of 1934 (15 U.S.C. 78bb(f)(5)(E)); more other class actions asserting the same tion in a corporate repatriation transaction ‘‘(2) a claim that relates to the internal af- or similar claims on behalf of the same or shall be treated as being incorporated in the fairs or governance of a corporation or other other persons have been filed. State under whose laws the acquired domes- form of business enterprise and arises under ‘‘(4) A district court shall decline to exer- tic corporation was organized. or by virtue of the laws of the State in which cise jurisdiction under paragraph (2)— ‘‘(B) In this paragraph, the term ‘corporate such corporation or business enterprise is in- ‘‘(A)(i) over a class action in which— repatriation transaction’ means any trans- corporated or organized; or ‘‘(I) greater than two-thirds of the mem- action in which— ‘‘(3) a claim that relates to the rights, du- bers of all proposed plaintiff classes in the ‘‘(i) a foreign corporation acquires substan- ties (including fiduciary duties), and obliga- aggregate are citizens of the State in which tially all of the properties held by a domestic tions relating to or created by or pursuant to the action was originally filed; corporation; any security (as defined under section 2(a)(1) ‘‘(II) at least 1 defendant is a defendant— ‘‘(ii) shareholders of the domestic corpora- of the Securities Act of 1933 (15 U.S.C. ‘‘(aa) from whom significant relief is tion, upon such acquisition, are the bene- 77b(a)(1)) and the regulations issued there- sought by members of the plaintiff class; ficial owners of securities in the foreign cor- under).’’. ‘‘(bb) whose alleged conduct forms a sig- poration that are entitled to 50 percent or (b) TECHNICAL AND CONFORMING AMEND- nificant basis for the claims asserted by the more of the votes on any issue requiring MENTS.—The table of sections for chapter 89 proposed plaintiff class; and shareholder approval; and is amended by adding after the item relating ‘‘(cc) who is a citizen of the State in which ‘‘(iii) the foreign corporation does not have to section 1452 the following: the action was originally filed; and substantial business activities (when com- ‘‘1453. Removal of class actions.’’. ‘‘(III) principal injuries resulting from the pared to the total business activities of the alleged conduct or any related conduct of corporate affiliated group) in the foreign (c) CHOICE OF STATE LAW IN INTERSTATE each defendant were incurred in the State in country in which the foreign corporation is CLASS.—Notwithstanding any other choice of which the action was originally filed; and organized.’’. law rule, in any class action over which the ‘‘(ii) during the 3-year period preceding the (b) CONFORMING AMENDMENTS.— United States district courts have jurisdic- filing of that class action, no other class ac- (1) Section 1335(a)(1) is amended by insert- tion and that asserts claims arising under tion has been filed asserting the same or ing ‘‘subsection (a) or (d) of’’ before ‘‘section State law concerning products or services similar factual allegations against any of 1332’’. marketed, sold, or provided in more than 1 the defendants on behalf of the same or other (2) Section 1603(b)(3) is amended by strik- State on behalf of a proposed class which in- persons; or ing ‘‘(d)’’ and inserting ‘‘(e)’’. cludes citizens of more than 1 such State, as ‘‘(B) two-thirds or more of the members of SEC. 5. REMOVAL OF INTERSTATE CLASS AC- to each such claim and any defense to such all proposed plaintiff classes in the aggre- TIONS TO FEDERAL DISTRICT claim, the district court shall not deny class gate, and the primary defendants, are citi- COURT. certification, in whole or in part, on the zens of the State in which the action was (a) IN GENERAL.—Chapter 89 is amended by ground that the law of more than 1 State originally filed. adding after section 1452 the following: will be applied. ‘‘(5) Paragraphs (2) through (4) shall not ‘‘§ 1453. Removal of class actions SEC. 6. REPORT ON CLASS ACTION SETTLE- apply to any class action in which— ‘‘(a) DEFINITIONS.—In this section, the MENTS. ‘‘(A) the primary defendants are States, terms ‘class’, ‘class action’, ‘class certifi- (a) IN GENERAL.—Not later than 12 months State officials, or other governmental enti- cation order’, and ‘class member’ shall have after the date of enactment of this Act, the ties against whom the district court may be the meanings given such terms under section Judicial Conference of the United States, foreclosed from ordering relief; or 1332(d)(1). with the assistance of the Director of the ‘‘(B) the number of members of all pro- ‘‘(b) IN GENERAL.—A class action may be Federal Judicial Center and the Director of posed plaintiff classes in the aggregate is removed to a district court of the United the Administrative Office of the United less than 100. States in accordance with section 1446 (ex- States Courts, shall prepare and transmit to ‘‘(6) In any class action, the claims of the cept that the 1-year limitation under section the Committees on the Judiciary of the Sen- individual class members shall be aggregated 1446(b) shall not apply), without regard to ate and the House of Representatives a re- to determine whether the matter in con- whether any defendant is a citizen of the port on class action settlements. troversy exceeds the sum or value of State in which the action is brought, except (b) CONTENT.—The report under subsection $5,000,000, exclusive of interest and costs. (a) shall contain— ‘‘(7) Citizenship of the members of the pro- that such action may be removed by any de- (1) recommendations on the best practices posed plaintiff classes shall be determined fendant without the consent of all defend- that courts can use to ensure that proposed for purposes of paragraphs (2) through (6) as ants. ‘‘(c) REVIEW OF REMAND ORDERS.— class action settlements are fair to the class of the date of filing of the complaint or amended complaint, or, if the case stated by ‘‘(1) IN GENERAL.—Section 1447 shall apply members that the settlements are supposed the initial pleading is not subject to Federal to any removal of a case under this section, to benefit; jurisdiction, as of the date of service by except that notwithstanding section 1447(d), (2) recommendations on the best practices plaintiffs of an amended pleading, motion, or a court of appeals may accept an appeal from that courts can use to ensure that— other paper, indicating the existence of Fed- an order of a district court granting or deny- (A) the fees and expenses awarded to coun- eral jurisdiction. ing a motion to remand a class action to the sel in connection with a class action settle- ‘‘(8) This subsection shall apply to any State court from which it was removed if ap- ment appropriately reflect the extent to class action before or after the entry of a plication is made to the court of appeals not which counsel succeeded in obtaining full re- class certification order by the court with less than 7 days after entry of the order. dress for the injuries alleged and the time, respect to that action. ‘‘(2) TIME PERIOD FOR JUDGMENT.—If the expense, and risk that counsel devoted to the ‘‘(9) Paragraph (2) shall not apply to any court of appeals accepts an appeal under litigation; and class action that solely involves a claim— paragraph (1), the court shall complete all (B) the class members on whose behalf the ‘‘(A) concerning a covered security as de- action on such appeal, including rendering settlement is proposed are the primary bene- fined under 16(f)(3) of the Securities Act of judgment, not later than 60 days after the ficiaries of the settlement; and 1933 (15 U.S.C. 78p(f)(3)) and section 28(f)(5)(E) date on which such appeal was filed, unless (3) the actions that the Judicial Conference of the Securities Exchange Act of 1934 (15 an extension is granted under paragraph (3). of the United States has taken and intends U.S.C. 78bb(f)(5)(E)); ‘‘(3) EXTENSION OF TIME PERIOD.—The court to take toward having the Federal judiciary ‘‘(B) that relates to the internal affairs or of appeals may grant an extension of the 60- implement any or all of the recommenda- governance of a corporation or other form of day period described in paragraph (2) if— tions contained in the report.

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.011 H17PT1 H746 CONGRESSIONAL RECORD — HOUSE February 17, 2005 (c) AUTHORITY OF FEDERAL COURTS.—Noth- These are the major reasons why we primary expedient of class action abuse ing in this section shall be construed to alter encourage a supportive vote for the we seek to remedy: the reckless appli- the authority of the Federal courts to super- substitute to the measure that is being cation by local courts of the law of one vise attorneys’ fees. debated today. State to the entire Nation in large SEC. 7. ENACTMENT OF JUDICIAL CONFERENCE RECOMMENDATIONS. Mr. Speaker, I reserve the balance of interstate cases. my time. Notwithstanding any other provision of b 1200 law, the amendments to rule 23 of the Fed- Mr. SENSENBRENNER. Mr. Speak- eral Rules of Civil Procedure, which are set er, I yield myself such time as I may This provision is reprinted from a forth in the order entered by the Supreme consume. Senate amendment by Senator FEIN- Court of the United States on March 27, 2003, Mr. Speaker, I rise in opposition to STEIN and Senator BINGAMAN. It was shall take effect on the date of enactment of the Democratic substitute amendment also soundly defeated. this Act or on December 1, 2003 (as specified and urge my colleagues to reject it. The third element of the substitute is in that order), whichever occurs first. The new math behind the substitute the so-called labor and civility rights SEC. 8. RULEMAKING AUTHORITY OF SUPREME carveout. This provision seeks to keep COURT AND JUDICIAL CONFERENCE. amendment rests on the following Nothing in this Act shall restrict in any arithmetic: if you add a number of all class actions involving alleged civil way the authority of the Judicial Conference amendments rejected by large bipar- rights and labor law violations in State and the Supreme Court to propose and pre- tisan majorities in the other body last court, despite the fact that the most scribe general rules of practice and proce- week and combine them with the generous racial discrimination and em- dure under chapter 131 of title 28, United amendment ideas overwhelmingly re- ployment class action settlements in States Code. jected on the House floor by a bipar- recent years have been in the Federal SEC. 9. EFFECTIVE DATE. tisan vote last year, the sum will some- courts. The language was also offered The amendments made by this Act shall in the other body and rejected. apply to any civil action commenced on or how equal a credible solution. Funny after the date of enactment of this Act. math. Other major elements of the sub- stitute include one our colleagues Mr. SENSENBRENNER. Mr. Speak- Mr. Speaker, this formula simply might remember as the Jackson-Lee er, pursuant to the rule, I claim the does not add up. The American con- House floor amendment to the bill in time in opposition. sumers and businesses will be left with The SPEAKER pro tempore. Pursu- change in their pockets if the amend- the last Congress. That amendment ant to House Resolution 96, the gen- ment passes. The Democratic sub- makes companies that incorporate abroad for tax purposes a citizen of a tleman from Michigan (Mr. CONYERS) stitute is less than the sum of its parts and the gentleman from Wisconsin (Mr. and represents a quotient that renders State and punishes them by keeping them out of Federal court. This is at SENSENBRENNER) each will control 20 Senate Bill 5’s core reform elements minutes. meaningless. least an admission that going into cer- The Chair recognizes the gentleman The individual elements of this pro- tain State courts as a defendant is in- from Michigan (Mr. CONYERS). posal deserve some comment and ex- deed punishment, and that amendment Mr. CONYERS. Mr. Speaker, I yield planation. First, I note with some was defeated in this House by the last myself such time as I may consume. amusement that the substitute totally Congress by a vote of 183 to 238. There Mr. Speaker, I would like to briefly recycles the findings of S. 5. The pages is also a loophole creating a provision describe why this substitute is the su- of findings discuss abusive class action on mass actions and a completely un- perior piece of legislation before us windfall settlements for trial attor- necessary public disclosure provision, today. The substitute is much better neys, forum shopping, and the need for both based on Senate amendments in for the following reasons: civil rights more of these large interstate class ac- the other body that were offered and carve-out. The substitute would carve tion cases to be in Federal court. withdrawn. out State civil rights claims in order to While the minority substitute re- What the minority has chosen as a make sure that civil rights plaintiffs, argues the compelling case for reform substitute package certainly belies any especially those seeking immediate in- of the class action system, it is fol- grumblings about the lack of regular junctive relief, can have their griev- lowed by text that will only perpetuate order this year. Since there is not a ances addressed in a timely manner. the crisis the findings identify. Their single original idea among the provi- Believe me, this is an issue of great admitting you have a problem is the sions that has not already been debated moment to those of us who are still first step to recovery, and we appre- and defeated either in this House or the prosecuting for a fair day in our Nation ciate that admission; but the minority other body, it is hard to give credence and have civil rights laws to back us sponsors clearly are not ready for step to such complaints. This is a package up, but we now are pleading to keep two. of oldies but not goodies; oldies that the proper forums. For example, every One element of the substitute amend- have been rejected and should not be State in the Union has passed a law ment is the State attorney general pro- resurrected. prohibiting discrimination on the basis vision allowing any class action to be Finally, Mr. Speaker, a vote on this of disability. The language does not af- brought by or on behalf of the State at- substitute is clearly just a vote to fur- fect the Federal jurisdiction over Fed- torney general to be in State court. ther deny or delay meaningful class ac- eral claims. This provision is unnecessary because tion reform, and a vote on the sub- The second consideration for this is when State attorneys general sue on stitute could not in any way be con- the wage-and-hour carve-out. Wage- behalf of their citizens, those actions strued as reform of any kind but, rath- and-hour class actions are often are almost always ‘‘parens patriae’’ ac- er, support for the trial-lawyer-domi- brought in State courts because State tions, and not class actions; and the nated status quo. wage-and-hour remedies are often, I am former will be in no way affected by I urge my colleagues to reject this re- sorry to say, more complete than the this bill. cycled package of recycled amend- Federal wage-and-hour statute; and we Also, the provision could produce ments. The time for reform of a class have examples of that. troubling associations between attor- action system which is out of control is The third reason: we exclude non- neys general and plaintiffs’ lawyers. now. class action cases involving physical For these reasons, the Pryor amend- I urge my colleague to vote ‘‘no’’ on injuries. The measure before us applies ment in the other body that this provi- the substitute, and ‘‘yes’’ on S. 5. not only to class actions, but also to sion copies verbatim failed to garner Mr. Speaker, I reserve the balance of mass torts. The Democratic substitute even 40 votes on the Senate floor last my time. removes the mass tort language. And week. Mr. CONYERS. Mr. Speaker, I yield 3 then, of course, the attorney general A second element of the substitute is minutes to the gentleman from Vir- carve-out which clarifies cases brought the ‘‘choice of law’’ provision. This pro- ginia (Mr. SCOTT). by State attorneys general are ex- vision would not only eviscerate the Mr. SCOTT of Virginia. Mr. Speaker, cluded from the provisions of the class bill, but also would overturn 70 years of I rise in support of the substitute. One action bill and would not be forced into established Supreme Court precedent of the problems with the substitute is Federal court. and would export to Federal courts a you have to debate all of the different

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.011 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H747 issues all at once. If we had the oppor- tion. We take no position on the Act as a Tom Miller, Attorney General, Iowa. tunity to introduce individual amend- general matter and, indeed, there are dif- Greg Stumbo, Attorney General, Ken- ments, we could have discussed them fering views among us on the policy judg- tucky. one at a time and had a much more co- ments reflected in the Act. We join together, Steven Rowe, Attorney General, Maine. however, in a bipartisan request for support Tom Reilly, Attorney General, Massachu- herent discussion. of Senator Mark Pryor’s potential amend- setts. As it has been said, the underlying ment to S. 5, or any similar legislation, Mike Hatch, Attorney General, Minnesota. bill does not extinguish the right to get clarifying that the Act does not apply to, Jay Nixon, Attorney General, Missouri. to court but it does gratuitously com- and would have no effect on, actions brought Jon Bruning, Attorney General, Nebraska. plicate the litigation. It does not fix by any State Attorney General on behalf of Kelly Ayotte, Attorney General, New coupons, it just moves them from State his or her respective state or its citizens. Hampshire. court to Federal courts. It adds proce- As Attorneys General, we frequently inves- Charles Foti, Attorney General, Louisiana. dural hurdles, and this substitute re- tigate and bring actions against defendants Joseph Curran, Attorney General, Mary- who have caused harm to our citizens. These land. moves many of those hurdles. Mike Cox, Attorney General, Michigan. The main thing it does is it carves cases are usually brought pursuant to the Attorney General’s parens patriae authority Jim Hood, Attorney General, Mississippi. out many of the different cases that be- under our respective consumer protection Mike McGrath, Attorney General, Mon- long in State court or at least ought to and antitrust statutes. In some instances, tana. have the opportunity in the State such actions have been brought with the At- Brian Sandoval, Attorney General, Nevada. court. It also fixes the yo-yo effect torney General acting as the class represent- Peter Harvey, Attorney General, New Jer- where you start off in State court, get ative for the consumers of the state. It is our sey. removed to Federal court, Federal concern that certain provisions of S. 5 might Eliot Spitzer, Attorney General, New be misinterpreted to hamper the ability of York. court does not certify the class, and Wayne Stenehjem, Attorney General, then what happens? I guess you come the Attorneys General to bring such actions, thereby impeding one means of protecting North Dakota. back to State court or, I do not know, our citizens from unlawful activity and its Jim Petro, Attorney General, Ohio. you might not be able to get back to resulting harm. Hardy Myers, Attorney General, Oregon. State court. You may end up in a pro- The Attorneys General have been very suc- Roberto Sanchez Ramos, Attorney Gen- cedural trap where you have lost your cessful in litigation initiated to protect the eral, Puerto Rico. case just in the time it takes to get rights of our consumers. For example, in the Henry McMaster, Attorney General, South Carolina. over there and try to get back. pharmaceutical industry, the States have re- cently brought enforcement actions on be- Roy Cooper, Attorney General, North This amendment fixes that quagmire. Carolina. It also carves out, as has been said, the half of consumers against large, often for- eign-owned, drug companies for overcharges Pamela Brown, Attorney General, N. Mar- State civil rights cases where some and market manipulations that illegally iana Islands. States have civil rights laws that are raised the costs of certain prescription W.A. Drew Edmondson, Attorney General, stronger and cover different people, dif- drugs. Such cases have resulted in recoveries Oklahoma. ferent classes than the Federal laws. of approximately 235 million dollars, the ma- Tom Corbett, Attorney General, Pennsyl- Wage and hour laws, some States have jority of which is earmarked for consumer vania. Patrick Lynch, Attorney General, Rhode better laws than the Federal court. restitution. In several instances, the States’ recoveries provided one hundred percent re- Island. Mass torts where you have not class Lawrence Long, Attorney General, South imbursement directly to individual con- actions per se, but a lot of different Dakota. sumers of the overcharges they suffered as a Paul Summers, Attorney General, Ten- litigants all in the same State. It fixes result of the illegal activities of the defend- nessee. the problem with Attorneys General in ants. This often meant several hundred dol- Darrell McGraw, Attorney General, West bringing a case in State court on behalf lars going back into the pockets of those Virginia. of not only members of their State, but consumers who can least afford to be victim- Patrick Crank, Attorney General, Wyo- ized by illegal trade practices, senior citizens if the injury has occurred to a lot of ming. living on fixed incomes and the working poor other people, the Attorney General Rob McKenna, Attorney General, Wash- who cannot afford insurance. might want to bring that case. ington. We encourage you to support the afore- I have a letter, Mr. Speaker, signed Peg Lautenschlager, Attorney General, mentioned amendment exempting all actions Wisconsin. on this specific issue by 47 Attorneys brought by State Attorneys General from General. the provisions of S. 5, or any similar legisla- Mr. SENSENBRENNER. Mr. Speak- It also denies benefits under the bill tion. It is important to all of our constitu- er, I yield 4 minutes to the gentleman for tax traitors, those who move their ents, but especially to the poor, elderly and from Missouri (Mr. BLUNT), the distin- corporate headquarters off shore to disabled, that the provisions of the Act not guished majority Whip. avoid corporate taxes; and it also pro- be misconstrued and that we maintain the Mr. BLUNT. Mr. Speaker, the vote in vides a limitation on sealed settle- enforcement authority needed to protect this House we will take within the ments that the gentleman from New them from illegal practices. We respectfully submit that the overall purposes of the legis- hour will leave only one more step, the York (Mr. NADLER) has been very ac- lation would not be impaired by such an President’s signature, in this first tive in making sure that cases that are amendment that merely clarifies the exist- major attack on lawsuit abuse. settled cannot be sealed beyond public ing authority of our respective States. I oppose the substitute and support view, unless if such a sealing would Thank you for your consideration of this the bill. I want to express my apprecia- violate public health or other impor- very important matter. Please contact any tion to the gentleman from Wisconsin of us if you have questions or comments. tant considerations. (Mr. SENSENBRENNER) and his com- This is a well-reasoned substitute. It Sincerely, Mike Beebee, Attorney General, Arkansas. mittee and all the Members, in fact, eliminates many but not all of the Gregg Renkes, Attorney General, Alaska. who have been willing to take on this problems in the underlying bill, and I Mark Shurtleff, Attorney General, Utah. tough fight, but particularly to the would hope that the House would adopt Fiti Sunia, Attorney General, American chairman for working hard to find a the substitute. Samoa. way to get this bill on the floor and to Terry Goddard, Attorney General, Arizona. NATIONAL ASSOCIATION the President this early in this Con- OF ATTORNEYS GENERAL, John Suthers, Attorney General, Colorado. Washington, DC, February 7, 2005. Jane Brady, Attorney General, Delaware. gress. Charlie Crist, Attorney General, Florida. Hon. BILL FRIST, Frivolous lawsuits are clogging Mark Bennett, Attorney General, Hawaii. America’s judicial system, endangering Senate Majority Leader, U.S. Senate, Stephen Carter, Attorney General, Indi- Dirksen Building, Washington, DC. ana. America’s small businesses, jeopard- Hon. HARRY REID, Bill Lockyer, Attorney General, California. izing jobs, and driving up prices for Senate Minority Leader, U.S. Senate, Richard Blumenthal, Attorney General, consumers. The bill we are debating Hart Building, Washington, DC. Connecticut. today will reduce these junk lawsuits DEAR SENATE MAJORITY LEADER FRIST AND Robert Spagnoletti, Attorney General, Dis- through tougher sanctions and in- SENATE MINORITY LEADER REID: We, the un- trict of Columbia. dersigned State Attorneys General, write to Thurbert Baker, Attorney General, Geor- creased commonsense protections. express our concern regarding one limited gia. The past few years have witnessed an aspect of pending Senate Bill 5, the ‘‘Class Lawrence Wasden, Attorney General, explosion of interstate class actions Action Fairness Act,’’ or any similar legisla- Idaho. being filed in State courts, particularly

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.030 H17PT1 H748 CONGRESSIONAL RECORD — HOUSE February 17, 2005 in certain magnet jurisdictions. These Mr. CONYERS. Mr. Speaker, I yield 1 of State cases into Federal courts that magnet courts are filled with class ac- minute to the gentlewoman from Cali- are not equipped to adjudicate State tion abuses. They routinely approve fornia (Ms. PELOSI), the minority lead- laws. For instance, lawsuits involving settlements in which the lawyers re- er of our caucus. the enforcement of the State hourly ceive large fees and the class members Ms. PELOSI. Mr. Speaker, I rise in wage laws, which often have greater receive virtually nothing. strong opposition to this legislation. protections than Federal wage laws, The Class Action Fairness Act is a Today Republicans are bringing to would be forced into Federal courts. In commonsense bipartisan plan that ad- the floor as their first major legislative fact, 46 State Attorneys General on a dresses this serious problem by allow- action a payback to big business at the bipartisan basis have requested an ex- ing larger interstate class action cases, expense of consumers. The Republican emption so that they can continue to cases that truly do involve multiple agenda is to ensure that some Ameri- protect their citizens under the State States, to be filed in Federal court. In cans do not get their day in court. consumer protection laws in State addition to unclogging certain over- Make no mistake that this class ac- courts. The Republicans have rejected used courts, this bill ends the harass- tion bill before us today is an extreme that request while Democrats have in- ment of local businesses through forum bill. It is not a compromise bill as corporated it into our substitute. shopping. Lawyers who now manipu- some have claimed. It is an extreme Democrats in our substitute support late this system often do anything to bill that is an injustice to consumers sensible approaches that weed out friv- stay out of Federal court. They some- and a windfall for irresponsible cor- olous lawsuits but not meritorious times name a local pharmacy or a local porations. Consumers will be hit hard claims. Our Democratic substitute says convenience store in a nationwide by this bill, Mr. Speaker. It lumps to- that certain kinds of cases must al- product liability suit simply because gether individual personal injury cases ways have their day in court. Physical they believe that court, and that court such as those involving Vioxx, which injury cases, civil rights cases, wage often has created a reputation as the are not class action under current pro- and hour cases, State Attorneys Gen- place to go to get unjust settlements. cedures, and forces them into the Fed- eral cases, and others must be heard if Sometimes they wait and amend eral courts. Doing so will greatly in- we are to remain a Nation that strives their complaint and add millions of crease the likelihood that such cases for justice for all. dollars of claims after the deadline for will never be heard. President Harry Truman said it so removal to Federal court. This bill When Americans are injured or even well. ‘‘The Democratic party stands for stops this unfair practice as well. killed by Vioxx or Celebrex or discrimi- the people. The Republican party This bill also establishes a much- nated against by WalMart, they may stands, and has always stood, for spe- needed class action rights bill. Several never get their day in court. Those cial interest.’’ provisions are specifically designed to cases that do go forward will take sig- I urge my colleagues to stand up to ensure that class members, not their nificantly longer because the Federal the special interests, to support the attorneys, are the primary bene- courts are overburdened and Democratic substitute, to listen, to lis- ficiaries of the class action process. unequipped for this caseload. That is ten to the recommendation of the Fed- Six years ago on this floor we really why the bill is opposed by Federal eral judges and the Judicial Conference began the process of attacking this sys- judges, including The Judicial Con- of the United States and oppose this tem. The stories go on and on and on, ference of the United States. Special extreme legislation. to the point that by the time we passed interests have even admitted that the b 1215 legislation like this in the last Con- real intent of this bill is to clog the Mr. SENSENBRENNER. Mr. Speak- gress for the third Congress straight, Federal courts and, therefore, stop the er, I yield 21⁄2 minutes to the gentleman Members were eager to just simply get cases. from Texas (Mr. SMITH). a couple of minutes to talk about one To irresponsible corporations, how- Mr. SMITH of Texas. Mr. Speaker, I of the classes where the people in the ever, the class action bill is a belated thank the chairman of the Committee class get a dollar-off coupon, the people Valentine. It is exactly what they have on the Judiciary for yielding me time. in the class get the smallest possible asked for. Powerful corporations will Mr. Speaker, all Americans should box of Cheerios, the people in the class largely be immune from the account- thank the gentleman from Virginia get a 31-cent check, or the people in ability that currently comes from mer- (Mr. GOODLATTE) and the gentleman the class even wind up having to pay itorious State class action cases. For from Wisconsin (Chairman SENSEN- the lawyers of the class additional example, this bill would help shield BRENNER) for their leadership on this money because there really was no large corporations from any account- most important issue. money for the people in the class that ability for Enron-style shareholder The Class Action Fairness Act is a bi- was being determined. fraud, for activities that violate em- partisan, sensible bill that clarifies the This bill requires that judges care- ployee rights under State law, and for rights of consumers and restores con- fully review settlements and limits at- telemarketing fraud targeted at the el- fidence in America’s judicial system. It torneys fees when the value of the set- derly. reforms the class action system and ad- tlement received by the class members It should come as no surprise, how- dresses the abuses that harm so many is minor in comparison or when there ever, that Republicans are seeking yet Americans. is a net loss settlement where the class another way to protect irresponsible We have all heard of the lawsuits in members actually end up losing money. corporations. which plaintiffs walk away with pen- This bill bans settlements that award The Washington Post reported that nies, sometimes literally, while the at- some class members a large recovery last year’s Republican medical mal- torneys walk away with millions of simply because they live closer to the practice bill contained special liability dollars in fees. This problem will be ad- court that the lawyers shopped for to protections that would have precluded dressed by providing greater scrutiny get that case in that judge’s court. consumers from suing to recover puni- over settlements that involve coupons It allows Federal courts to maximize tive damages arising for the types of or very small cash amounts. the benefit of class action settlements injuries caused by Vioxx and Celebrex. This legislation also ensures that de- by requiring that unclaimed settle- Protecting big drug companies is al- serving plaintiffs are able to make full ment funds be donated to charitable or- ways at the top of the Republican use of the class action system. It al- ganizations. agenda. We saw that in the prescrip- lows easier removal of class action The Class Action Fairness Act is tion drug bill under Medicare. This is cases to Federal courts. This is impor- good for small business and good for yet again another example of Repub- tant because class actions tend to af- consumers. I urge a ‘‘no’’ vote on the licans being the handmaidens of the fect numerous Americans and often in- substitute. I urge my colleagues to sup- pharmaceutical industry. volve millions of dollars. Federal court port this important legislation. This bill also runs counter to the is the right place for such large law- Mr. Speaker, I thank the chairman principles of federalism that my col- suits. and his committee for their hard work leagues on the other side of the aisle Moving more class actions to Federal on this effort. claim to support. It throws thousands courts also prevents one of the worst

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How many people The gentleman from Massachusetts shopping. were killed or injured because the (Mr. MARKEY) would not yield to me, Mr. Speaker, while many concessions court sealed records relating to explod- but he said that the Amerada Hess case were made on both sides, this is still a ing Firestone tires, for one example. in New Hampshire, with gasoline leak- very worthwhile bill that contains This provision will allow the public to ing into groundwater, would not be many good reforms, and I fully support learn of threats to this health and safe- heard in the State court; but if you live it and look forward to its enactment ty so as to take proper action to pro- in New Hampshire and you have gaso- into law and also encourage my col- tect the public, while protecting legiti- line leaking in your groundwater and leagues to support it as well. mate confidential information. virtually all of the plaintiffs are New Mr. CONYERS. Mr. Speaker, I am The Conyers/Nadler/Jackson-Lee sub- Hampshire residents, the case, under pleased to yield 3 minutes to the gen- stitute amendment also deals with a this bill, would be heard in the State tleman from New York (Mr. NADLER), a major catch-22 created by the bill for courts. distinguished member of the Com- victims of large and complex Some have mentioned the Vioxx case mittee on the Judiciary. multistate court torts. On the one against Merck would be affected by Mr. NADLER. Mr. Speaker, I thank hand, the bill provides State courts this, and they have argued that Senate the gentleman for yielding me the cannot hear such cases; but when these 5 should be rejected because it will time. cases are removed to Federal court, hurt consumers bringing Vioxx cases I rise in strong opposition to this plaintiffs will find that the Federal against Merck. The truth, however, is egregious legislation and in support of courts routinely refuse to hear them. that this legislation will have abso- the Conyers/Nadler/Jackson-Lee sub- Federal courts are very reluctant to lutely no effect on Vioxx suits. Here is stitute amendment. certify a multistate consumer class ac- why: the majority of personal injury This substitute amendment amends tion suit, and six circuit courts and 26 cases brought against Merck are indi- this bill in several ways to ensure that district courts have expressly refused vidual cases that would not be affected consumers, workers and victims in per- to consider certifying cases where sev- by the bill in any manner whatsoever. sonal injury cases are not precluded eral State laws apply. These include more than 400 personal from having a fair opportunity to Our substitute protects victims from injury cases that are part of a coordi- present their cases in court. I know the facing this catch-22 and having the nated proceeding in New Jersey State distinguished minority leader and oth- courtroom door completely closed to court. None of these cases will be af- ers have mentioned some of these in- them by providing that if these cases fected by the bill because they are nei- stances. are removed to Federal court by this ther class actions nor mass actions. My good friend Eliot Spitzer, the dis- bill, the Federal courts cannot refuse Now, what kind of cases would be af- tinguished attorney general of New to certify a class action simply because fected by this legislation? Well, let me York State, has joined 46 State attor- more than one State law applies. show my colleagues how a select num- I urge my colleagues not to allow neys general in expressing their con- ber of class action trial lawyers play this bill to completely deny victims cern that this legislation could limit the class action wheel of fortune. their day in court, either in State their power to investigate and bring How about the Kay Bee Toys case court or in Federal court. That would actions in their State courts against where the lawyers got $1 million in at- render this bill completely hypo- defendants who have caused harm to torneys fees and the consumers got 30 critical. I urge my colleagues to vote their citizen. Our amendment clarifies percent off selected products of an ad- ‘‘yes’’ on the Conyers/Nadler/Jackson- that cases brought by States attorneys vertised sale at Kay Bee Toys for one Lee substitute and ‘‘no’’ on the main general will not be subject to the provi- week. sion of this bill and would not be forced bill. Mr. SENSENBRENNER. Mr. Speak- Or the Poland Spring Water case into Federal court. er, I yield 5 minutes to the gentleman where the lawyers got $1.35 million in The substitute also includes a provi- the wheel of fortune and the consumers from Virginia (Mr. GOODLATTE), the au- sion which I have advocated for many thor of the bill. got coupons to buy more of the water years, which actually was supported by Mr. GOODLATTE. Mr. Speaker, I that the lawyers were alleging was de- the distinguished chairman and passed thank the chairman for yielding me fective. the Committee on the Judiciary a cou- time and for his leadership in bringing How about the Ameritech case. The ple of times, to limit the ability of cor- this legislation to the floor and for price goes up, $16 million for those law- porations settling lawsuits to demand working with the Senate to achieve the yers; the consumers, $5 phone cards. that records that may indicate threats compromise that we need. How about the Premier Cruise line to public health and safety be sealed, The gentlewoman from California case. The lawyers got nearly $900,000. unless it is necessary to protect trade (Ms. PELOSI), the minority leader, The consumers got $30 to $40 off of confidentiality. called this an extreme Republican their next thousand dollar cruise, with The substitute provides that when measure. Apparently, she has not spo- a coupon to buy more of the product such a gag order is requested, and it is ken to her own fellow San Franciscan the lawyers were alleging was defec- normally requested by both the plain- and senior Senator from her State, tive. tiff and the defendant because in the DIANNE FEINSTEIN, who negotiated the Or the computer monitor litigation, settlement the defendant insists on compromise that has brought this leg- $6 million in attorneys fees in a case this as a condition of the settlement, islation to the floor of the House, or to alleging that the size of the computer the court then rubber stamps it. This Senator CHUCK SCHUMER, also a mem- screen was slightly off, and therefore, substitute provides that if such a gag ber of the Committee on the Judiciary they were entitled to something. What order is requested, the court must on the Democratic side in the Senate, did the consumers get? A $13 rebate to make a finding as to whether the de- or 16 other Democratic Senators who purchase their next purchase. fendant’s interest in confidentiality voted for this legislation. How about the register.com case, outweighs the public interest in know- She also apparently has not spoken $642,500 to the lawyers. The consumers, ing of the threat to its health or safe- to members of her own Democratic $5-off coupons. ty. Caucus, many of whom have voted for My favorite case, the case against If the court finds that the privacy in- this legislation in each of the last Chase Manhattan Bank, the lawyers terest outweighs the public interest, three Congresses that have passed the got $4 million in attorneys fees, but the the court will issue the gag order. If House of Representatives and many plaintiffs that allegedly the opponents the court finds the public interest in more of whom will vote for the legisla- of this bill are protecting, they got 33 health and safety outweighs the pri- tion today. cents. Here is one of the actual checks. vacy interest claimed in the specific A number of the folks who have spo- The catch was that at the time, to ac- case, the court must prohibit the seal- ken on the other side of the aisle criti- cept this 33-cent magnanimous check, ing of the information. cizing the legislation have cited total they had to use a 34-cent postage Too often, critical information is inaccuracies about what the legislation stamp to send in the acceptance to get sealed from the public and people are will do. their 33-cent fee.

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.033 H17PT1 H750 CONGRESSIONAL RECORD — HOUSE February 17, 2005 How about the case that President able by juries of their peers were not b 1230 Bush cited last week when he high- guilty of those things. In those cases, Mr. Speaker, I urge a ‘‘yes’’ vote on lighted problems with this of the those parties, each and every one of the substitute, a ‘‘no’’ vote on the base woman who had a defective television them, on the wheel of rhetoric actually bill, and I urge us to stop this drum- set against Thompson Electronics, was found by a judge or a jury to have beat on the other side of blaming aver- found she had been made a member of done substantial bad things to the age Americans for being victimized by a class action seeking redress of her community. The system actually big corporations. grievances and many others against worked in those cases. Mr. SENSENBRENNER. Mr. Speak- Thompson Electronics. What did the We can quibble about the person, the er, I yield 2 minutes to the gentleman lawyers get? $22 million in attorneys individual that wound up getting a from Virginia (Mr. GOODLATTE). fees. What did she get? A coupon for $25 payment. There were so many of them, Mr. GOODLATTE. Mr. Speaker, I to $50 off her next purchase of exactly millions of people who had been thank the gentleman from Wisconsin what she did not want, another Thomp- harmed by those companies, that when for yielding me this time, and I thank son Electronics television set. they were done divvying up what the gentleman from New York (Mr. Now, the gentlewoman from Cali- seemed like a very large judgment, WEINER) for raising the points on those fornia, the minority leader, also cited tens of millions of dollars, there was cases on the class action wheel of for- the Washington Post. Let me tell my only left a 35, 40-cent coupon and the tune because he makes a good point. In colleagues, the Washington Post has like. not one of those cases was there any wrongdoing found on the part of any of repeatedly endorsed this legislation, I stand perfectly ready to vote in those defendants because all of those along with over a hundred other major favor of an amendment by the gen- newspapers, the Washington Post, the were settlements. They were extor- tleman from Virginia to have min- tionate settlements because they are in Wall Street Journal, the Financial imum payments to people who have Times, Christian Science Monitor, on the jurisdiction of a court where they been harmed. If the gentleman thinks know they are facing a hanging judge and on the list goes. And here is what it is not enough that they get 35 cents, the Washington Post said, and that is and a hanging jury. I am with him. Some of those compa- The gentleman also raised another why we need to pass this legislation nies did outrageous things to our com- today. The clients get token payments good point, and we should not leave munity, and they should be held ac- plaintiffs in the situation where they while the lawyers get enormous fees. countable. If my colleague thinks a 35- This is not justice. It is an extortion get a 33-cent check or a coupon for a cent check is not enough, I am with box of Cheerios, like in another case, racket that only Congress can fix. him. Let us make minimum amounts and that is what this bill does. It re- I urge my colleagues to pass the bill. that they pay for the injuries, that Mr. CONYERS. Mr. Speaker, I am quires extra-special scrutiny for cou- they have to get, because the harm is pon settlement cases so the courts will pleased to yield 4 minutes to the gen- so great. tleman from New York (Mr. WEINER), a no longer let the manufacturers’ attor- I want to remind my colleagues and distinguished member of the Com- neys and the defendants’ attorneys the citizens watching this why the sys- mittee on the Judiciary. come in with a settlement that simply Mr. WEINER. Mr. Speaker, I thank tem is structured this way. Imagine for gets out of the case, that gives the the gentleman from Michigan for the a moment if someone who is making a plaintiffs’ attorney a huge sum of time. shoddy automobile, who was not pay- money and everyone else walks away Sometimes during these debates I ing attention to whether sharp objects and the plaintiffs get left holding the like to step in to take a perspective of got into a cereal box, did not have to bag. someone on the committee who is not be concerned about lawsuits anymore. Mr. Speaker, the gentleman ought to a lawyer; but I have to tell my col- Do my colleagues think they would talk to his colleague, the senior Sen- leagues, the previous speaker, the gen- really say let us hire that extra safety ator from New York, the predecessor of tleman from Virginia, went to great precaution, that extra employee to his seat, who supported this legisla- lengths to talk about the lawyers fees. keep an eye out for consumers? No. tion. In addition, when the gentleman There is nothing in this bill that limits They would be less inclined to do that. talks about abuse of plaintiffs in these lawyers fees, and there is not anything The system works as it is intended. Are there abuses? I am sorry to say cases, take into consideration the na- in the bill actually that argues for his tionwide class action lawsuit filed in point, which is apparently that there that there are some, and I wish we would address some of them in this leg- Alabama against the Bank of Boston, should be a minimum amount that headquartered in Massachusetts, over wrongdoers pay to each individual ag- islation which, of course, we do not; but frankly to stand before the wheel mortgage escrow accounts. The class grieved person, which is a novel argu- members won the case but actually ment, I have not heard it made by my of rhetoric, which really is a wheel of bad doers who got caught by the jus- lost money. Amazing. colleague before, saying that the plain- Under the settlement agreement, the tice system, which we are trying to dis- tiffs are receiving too little now. 700,000 class members received small mantle here today, and say this is evi- Let me explain very briefly why it is payments of just a couple of dollars or dence that the system does not work is that we have situations like that. no money at all. About a year later, entirely the opposite of the truth, un- Those of us who are individuals of mod- they found out that anywhere from $90 less my colleagues believe that a jury est means, if we have been aggrieved by to $140 had been deducted from their of people’s peers cannot make these in- a major company, if they have done escrow accounts. For what? To pay something that has harmed our health formed decisions, that we are the only their lawyers’ legal fees, of what? $8.5 or our community or our family, we as people brilliant enough to make these million. And when some of those class individuals frankly do not have the decisions. I love these small govern- members, some of those beleaguered ability to take on a major company to ment types who believe we have better plaintiffs, that I am glad the gen- stop them from doing the wrongful judgment on these things than 12 men tleman from New York is standing up things, to make sure they understand and women in a community, then we for, sued their class action lawyers for that there is a cost of doing it. So we have to believe that the system in malpractice, the lawyers countersued join together as a community and we those cases worked. them for $25 million saying that their bring these actions as a group. We can- I would say to my colleagues on both former clients were trying to harass not, frankly, pay the lawyer up front so sides of the aisle that the Conyers/Nad- them. they are paid on contingencies, and ler/Jackson-Lee substitute only puts This is an extortionate practice. A that is the way these actions get lipstick on a fraud. It still leaves a small cartel of class action lawyers taken. very, very flawed bill; but at least we around the country are abusing the One thing the gentleman from Vir- go from being completely destructive system and we need to change it. ginia did not say even once through to only being moderately destructive, Mr. CONYERS. Mr. Speaker, I yield that whole wheel of rhetoric was that and we protect ourselves from some of 30 seconds to the gentleman from New any of those that were held account- the worst abuses. York (Mr. WEINER).

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.035 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H751 Mr. WEINER. Mr. Speaker, I thank fore if there is an action, if you are Mr. Speaker, I rise in opposition to this bill, the gentleman very much for yielding harmed, if you are hurt and you sue S. 5, the Class Action Fairness Act. Unfortu- me this additional time, and I am sur- here in the United States, you look up nately for the millions of aggrieved plaintiffs in prised that such an able lawyer would in the court and you find out there is America with legitimate claims, this body has be unwilling to engage in a debate on empty pockets. Why? Because they brought yet another piece of legislation to the his time, but I will take 30 seconds sim- have overcome the laws of this land. floor that threatens to close the doors of the ply to rebut what the gentleman said. They have absconded and you have no court. In every one of those cases on the way of seeking relief. The substitute This bill, despite its name, is not fair to all wheel of rhetoric that the gentleman includes the relief that is necessary to complainants who come to the courts for re- put up, those that were found guilty, ensure that citizens and consumers are lief. In addition, it fails to render accountability those who were found to be responsible, protected. to parties who are in the best financial posi- those who were found to be culpable of There is a civil rights carveout, so tion. One issue that I planned to address by doing harmful things to our commu- that you have a right to address your way of amendment was that of punishing nity admitted it, paid a fine, paid a grievances without the expenses of a fraudulent parties to class action proceedings penalty, that was approved by a judge, Federal Court. There is a wage and by preventing them from removing the matter and that is the fact; that the gen- hour carveout, so that you can file to federal court. tleman took cases of people who admit- against a company in your local juris- I am a co-sponsor of the amendment in na- ted with their actions there was wrong- diction as a class action when you have ture of a substitute that will be offered by my doing involved. been violated on the minimum wage. colleagues. With the provisions that it con- And if they had not been caught by Physical injuries, so that when your tains, requirements for Federal diversity juris- this system, I ask the gentleman, what child is injured in a park because of a diction will not be watered down resulting in system would they be caught by? defective product you have the right to the removal of nearly all class actions to Fed- Mr. CONYERS. Mr. Speaker, I am go into your State courts and seek re- eral court. A wholesale stripping of jurisdiction pleased to yield the balance of my time lief. from the State courts should not be supported Now, I want to share with those who to the gentlewoman from Texas (Ms. by this body. Therefore, it needs to be made feel that we are now opening the doors JACKSON-LEE), a cosponsor of the sub- more stringent as to all parties and it needs to of opportunity with the Federal courts. stitute amendment. contain provisions to protect all claimants and Let me share this with you. This is (Ms. JACKSON-LEE of Texas asked their right to bring suit. why this is a bogus litigation or legis- and was given permission to revise and Contained within the amendment in nature lation that will not work. Arizona has extend her remarks.) of a substitute is a section that I proposed in 159 State judges, only 13 Federal Ms. JACKSON-LEE of Texas. Mr. the context of the Terrorist Penalties Enhance- courts. Tell me the difference in being Speaker, that pig may have lipstick, ment Act that was included in the bill passed able to go into a court that has 159 but I can tell my colleagues that it is into law. This section relates to holding ‘‘tax judges versus those who have 13. still pretty unattractive. traitor corporations’’ accountable for their ter- It is interesting that my good friend What about the State of South Caro- lina, with 48 State judges and merely 10 rorist acts. With respect to S. 5, the right to from Virginia keeps talking about cou- seek removal to Federal courts will be pre- pons and this 30 cents. What he is not federal judges; or Rhode Island with 22 State judges and three Federal judges; cluded for tax traitor corporations. telling those of us who understand The ‘‘tax traitor corporation’’ refers to a com- what class action settlements really New York with 593 State judges and a mere 52 Federal courts; Louisiana, 211 pany that, in bad faith, takes advantage of mean is that in the settlement comes State judges and 22 Federal courts? loopholes in our tax code to establish bank ac- the punishment for not doing or the in- Frankly, there is a farce going on counts or to ship jobs abroad for the main pur- centive to not violate the law again. In here. At the end of the 108th Congress pose of tax avoidance. A tax-exempt group the settlement comes an injunction there were 35 judicial vacancies in the that monitors corporate influence called ‘‘Cit- that argues or stops the culprit, the vi- Federal courts. There is no opportunity izen Works’’ has compiled a list of 25 Fortune olator, from doing harm again. There is to go into the Federal courts. They are 500 Corporations that have the most offshore an action. Class actions do not always overburdened and overworked. Justice tax-haven subsidiaries. The percentage of in- generate into dollars to petitioners. If Rehnquist said something very impor- crease in the number of tax havens held by you have been done harm, you want tant. He said, ‘‘I have criticized Con- these corporations since 1997 ranges between that harm to stop immediately so gress and the President for their pro- 85.7 percent and 9,650 percent. someone else cannot be harmed. pensity to enact more and more legis- This significant increase in the number of And the class action lawsuit and the lation which brings more and more corporate tax havens is no coincidence when so-called millions of dollars to attor- cases into the Federal Court system. we look at the benefits that can be found in neys for attorneys fees does not take This criticism received virtually no doing sham business transactions. Some of into account the preparation for that public attention. If Congress enacts these corporations are tax traitor corporations case, the depositions, the travel. So it and the President signs new laws, al- because they have given up their American looks as if there is a great bounty or a lowing more cases to be brought into citizenship; however, they still conduct a sub- gift being given to lawyers who are the Federal courts, just filling the va- stantial amount of their business in the United working to ensure that the punitive en- cancies will not be enough. We need ad- States and enjoy tax deductions of domestic tity, the entity that has caused thou- ditional judgeships.’’ corporations. sands of employees to lose pensions This is a farce, I am saddened to say, The provision in the substitute amendment from corporations, the entity such as even with the compromise. We all want will preclude these corporations from enjoying MCI and others who have thrown away to see the judicial system work. I know the benefit of removing State class actions to their corporate responsibility to their my good friend from Virginia has good Federal court. Forcing these corporate entities employees and caused them to lose all intentions, but this responds to a non- to defend themselves in State courts will en- their money, who violated corporate crisis with no resources, no added sure that these class action claims will be fair- laws and had the violation of trust and courts to the Federal bench, and the ly and fully litigated. made sure that they did the self-deal- backlog of cases all over America sim- Mr. Speaker, S. 5 applies not only to class ing, these class actions were to say ply slams the door to injured parties actions but to all tort cases. It is highly ineffi- ‘‘and do that no more,’’ and ‘‘we will across this land. cient to overwhelm the Federal courts with the not allow you to do that anymore.’’ The substitute is fair. It allows you massive number of State claims that will come For example, the particular amend- to go into the State courts that have a their way. Not only are the Federal courts less ment that is included in the Conyers- bounty of judges, allows you to be sympathetic to this kind of litigation, the prac- Nadler-Jackson-Lee substitute, which I heard, and it allows those corporate of- tical effect will be that many cases will never rise enthusiastically to support, the fenders or those products that have of- be heard. tax traitor corporation which leaves fended and harmed and maybe killed, The barriers to gaining Federal jurisdiction America and incorporates somewhere those defective automobiles, to be in to have a case heard is much higher than in else and depletes all of its savings ac- the courthouse and to have their con- State courts by virtue of their creation. As a counts, or all of its accounts, so there- cerns heard. result, the Federal courts will be quick to

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\K17FE7.038 H17PT1 H752 CONGRESSIONAL RECORD — HOUSE February 17, 2005 refuse class certification in complex litigation Brown (OH) Jackson-Lee Pastor Kennedy (MN) Myrick Schwarz (MI) Brown, Corrine (TX) Payne King (IA) Neugebauer Scott (GA) matters. State courts are better suited to adju- Butterfield Jefferson Pelosi King (NY) Ney Sensenbrenner dicate complex class actions. Capps Johnson, E. B. Pomeroy Kingston Northup Sessions I oppose this legislation and urge my col- Capuano Jones (OH) Price (NC) Kirk Norwood Shadegg leagues to join me. Cardin Kanjorski Rahall Kline Nunes Shaw Cardoza Kaptur Reyes Knollenberg Nussle Shays Mr. Speaker, I ask my colleagues to Carnahan Kennedy (RI) Ross Kolbe Osborne Sherwood vote for the substitute and defeat the Carson Kildee Rothman Kuhl (NY) Otter Shimkus underlying bill. Chandler Kilpatrick (MI) Roybal-Allard LaHood Oxley Shuster Mr. SENSENBRENNER. Mr. Speak- Clay Kind Ruppersberger Latham Paul Simmons Cleaver Kucinich Rush LaTourette Pearce Simpson er, I yield myself the balance of my Clyburn Langevin Ryan (OH) Leach Pence Smith (NJ) time. Conyers Lantos Sabo Lewis (CA) Peterson (MN) Smith (TX) Mr. Speaker, the amendment in the Costa Larsen (WA) Salazar Lewis (KY) Peterson (PA) Sodrel Costello Larson (CT) Linder Petri Souder nature of a substitute completely guts Sa´ nchez, Linda Crowley Lee T. LoBiondo Pickering Stearns Lucas Pitts Sweeney this bill. Every crippling amendment Cummings Levin Sanchez, Loretta Davis (AL) Lewis (GA) Lungren, Daniel Platts Tancredo that was rejected either in this House Sanders Davis (CA) Lipinski E. Poe Tanner Schakowsky or the other body in this Congress or Davis (FL) Lofgren, Zoe Mack Pombo Taylor (MS) Schiff the previous Congress is incorporated DeFazio Lowey Manzullo Porter Taylor (NC) Schwartz (PA) DeGette Lynch Marchant Portman Terry in this amendment. They do not have Scott (VA) any new ideas over there. They just re- Delahunt Maloney Marshall Price (GA) Thornberry DeLauro Markey Serrano Matheson Pryce (OH) Tiahrt package and try to regurgitate the old Dicks McCarthy Sherman McCaul (TX) Putnam Tiberi ideas that have been found lacking. Dingell McCollum (MN) Skelton McCotter Radanovich Turner Slaughter The issue in this bill is very clear, Doggett McDermott McCrery Ramstad Upton Doyle McGovern Smith (WA) McHenry Regula Walden (OR) and that is that we have to restore Edwards McIntyre Snyder McHugh Rehberg Walsh some sanity to the civil justice system Emanuel McKinney Solis McKeon Renzi Wamp by dealing with the abuses that a small Engel McNulty Spratt McMorris Reynolds Weldon (FL) Stark group of lawyers have turned the class Etheridge Meehan Mica Rogers (AL) Weldon (PA) Evans Meek (FL) Strickland Miller (FL) Rogers (KY) Weller action system into. Fattah Meeks (NY) Tauscher Miller (MI) Rogers (MI) Westmoreland When the framers of the Constitution Filner Melancon Thompson (CA) Miller, Gary Rohrabacher Whitfield wrote that inspired document, they Frank (MA) Menendez Thompson (MS) Moran (KS) Ros-Lehtinen Wicker Gonzalez Michaud Tierney Moran (VA) Royce Wilson (NM) gave Congress the power to regulate Green, Al Millender- Towns Murphy Ryan (WI) Wilson (SC) interstate Congress. What has hap- Green, Gene McDonald Udall (CO) Murtha Ryun (KS) Wolf pened as a result of the abuse of the Grijalva Miller (NC) Udall (NM) Musgrave Saxton Young (AK) Gutierrez Miller, George Van Hollen class action system is that judges in Harman Mollohan Vela´ zquez NOT VOTING—9 small out-of-the-way counties, like Hastings (FL) Moore (KS) Visclosky Davis (IL) Rangel Sullivan Madison County, Illinois and Jefferson Herseth Moore (WI) Wasserman Eshoo Reichert Thomas County, Texas end up being the ulti- Higgins Nadler Schultz Farr Stupak Young (FL) Hinchey Napolitano Waters mate arbiters of interstate commerce. Hinojosa Neal (MA) Watson b 1308 This bill puts some balance back into Holt Oberstar Watt Messrs. CULBERSON, SIMMONS, the system. The amendment perpet- Honda Obey Waxman Hooley Olver Weiner BASS, GOODE, GARY G. MILLER of uates the existing system. Vote ‘‘no’’ Hoyer Ortiz Wexler California, HOBSON, FORD, on the amendments, vote ‘‘no’’ on the Inslee Owens Woolsey CUELLAR, and Mrs. CUBIN changed motion to recommit, and pass the bill. Israel Pallone Wu their vote from ‘‘yea’’ to ‘‘nay.’’ Jackson (IL) Pascrell Wynn Mr. Speaker, I yield back the balance Messrs. GEORGE MILLER of Cali- of my time. NAYS—247 fornia, SMITH of Washington, and The SPEAKER pro tempore (Mr. Aderholt Chocola Garrett (NJ) MOLLOHAN changed their vote from COLE of Oklahoma). Pursuant to House Akin Coble Gerlach ‘‘nay’’ to ‘‘yea.’’ Resolution 96, the previous question is Alexander Cole (OK) Gibbons So the amendment in the nature of a ordered on the bill and on the amend- Bachus Conaway Gilchrest substitute was rejected. Baker Cooper Gillmor ment in the nature of a substitute of- Barrett (SC) Cox Gingrey The result of the vote was announced fered by the gentleman from Michigan Bartlett (MD) Cramer Gohmert as above recorded. (Mr. CONYERS). Barton (TX) Crenshaw Goode The SPEAKER pro tempore (Mr. The question is on the amendment in Bass Cubin Goodlatte COLE of Oklahoma). The question is on Beauprez Cuellar Gordon the nature of a substitute offered by Biggert Culberson Granger the third reading of the Senate bill. the gentleman from Michigan (Mr. Bilirakis Cunningham Graves The Senate bill was ordered to be CONYERS). Bishop (UT) Davis (KY) Green (WI) read a third time, and was read the Blackburn Davis (TN) Gutknecht third time. The question was taken; and the Blunt Davis, Jo Ann Hall Speaker pro tempore announced that Boehlert Davis, Tom Harris MOTION TO COMMIT OFFERED BY MR. BROWN OF the noes appeared to have it. Boehner Deal (GA) Hart OHIO Mr. CONYERS. Mr. Speaker, I object Bonilla DeLay Hastert Mr. BROWN of Ohio. Mr. Speaker, I Bonner Dent Hastings (WA) offer a motion to commit. to the vote on the ground that a Bono Diaz-Balart, L. Hayes quorum is not present and make the Boozman Diaz-Balart, M. Hayworth The SPEAKER pro tempore. Is the point of order that a quorum is not Boren Doolittle Hefley gentleman opposed to the bill? Boucher Drake Hensarling Mr. BROWN of Ohio. I am, Mr. present. Boustany Dreier Herger The SPEAKER pro tempore. Evi- Speaker. Boyd Duncan Hobson The SPEAKER pro tempore. The dently a quorum is not present. Bradley (NH) Ehlers Hoekstra Clerk will report the motion to com- The Sergeant at Arms will notify ab- Brady (TX) Emerson Holden Brown (SC) English (PA) Hostettler mit. sent Members. Brown-Waite, Everett Hulshof The Clerk read as follows: The vote was taken by electronic de- Ginny Feeney Hunter Mr. Brown of Ohio moves to commit the vice, and there were—yeas 178, nays Burgess Ferguson Hyde Burton (IN) Fitzpatrick (PA) Inglis (SC) bill S. 5 to the Committee on the Judiciary 247, not voting 9, as follows: Buyer Flake Issa with instructions that the Committee report [Roll No. 36] Calvert Foley Istook the same back to the House forthwith with Camp Forbes Jenkins YEAS—178 the following amendments: Cannon Ford Jindal In section 1711(2) of title 28, United States Abercrombie Baldwin Berry Cantor Fortenberry Johnson (CT) Code, as added by section 3(a) of the bill, add Ackerman Barrow Bishop (GA) Capito Fossella Johnson (IL) Allen Bean Bishop (NY) Carter Foxx Johnson, Sam after the period the following: ‘‘The term Andrews Becerra Blumenauer Case Franks (AZ) Jones (NC) ‘class action’ does not include any action Baca Berkley Boswell Castle Frelinghuysen Keller arising by reason of the use of the drug Baird Berman Brady (PA) Chabot Gallegly Kelly Vioxx.’’.

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.022 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H753 In section 1332(d)(1)(B) of title 28, United generally involve huge losses. There is b 1315 States Code, as amended by section 4(a)(2) of a world of difference, Mr. Speaker, be- Now the truth about class action the bill, insert before the semicolon the fol- tween a faulty battery in this, and the lowing ‘‘, except that the term ‘class action’ fairness and Vioxx. Critics have been death of a 39-year-old wife and mother. arguing in the press that S. 5 should be does not include any action arising by reason Perhaps the worst aspect of this bill of the use of the drug Vioxx’’. rejected because it will hurt consumers is that it treats these suits the same. bringing Vioxx cases against Merck. The SPEAKER pro tempore. Pursu- We should strip out the whole class ac- ant to the rule, the gentleman from The truth is, however, that this legisla- tion, the mass action provision, but tion will have absolutely no effect on Ohio (Mr. BROWN) is recognized for 5 that is not realistic in this political en- minutes in support of his motion. Vioxx suits, and here is why. The ma- vironment. jority of personal injury cases brought Mr. BROWN of Ohio. Mr. Speaker, My motion to commit prevents harm against Merck are individual cases that Janet Huggins died last September. so obvious it cannot be ignored by spe- would not be affected by the bill in any She was 39 years old. She had a 9-year- cifically exempting Vioxx lawsuits. old son. Dr. Topol at the Cleveland Clinic, manner whatsoever. These include She had no personal or family his- who I mentioned earlier wrote, ‘‘Nei- more than 400 personal injury cases tory of heart problems, but she suffered ther of the two major forces in this 5- that are part of a coordinated pro- a fatal heart attack just a month after and-a-half year affair, neither Merck ceeding in New Jersey State Court. she began taking a new medicine for nor the FDA, fulfilled its responsibil- None of these cases will be affected by her early-onset arthritis. ities to the public.’’ the bill because they are neither class That medicine she took was Merck’s This motion to commit offers an op- actions nor mass actions. anti-inflammatory drug, Vioxx. Cardi- portunity for someone at last to act re- Merck has been named in more than ologist, Dr. Eric Topol, and other re- sponsibly. 75 statewide and nationwide class ac- searchers at the Cleveland Clinic If we adopt this motion to commit, tions involving Vioxx, but only a small sounded the alarm in August of 2001. Monty Huggins will have a fighting percentage are personal injury class ac- Their article in the Journal of the chance for justice. If we do not, the tions. To the extent these cases do in- American Medical Association pointed U.S. House of Representatives will join volve personal injury, most were al- to increased occurrence of heart prob- the list of those who betrayed the ready brought in or removed to Federal lems in patients taking Vioxx and public’s trust. Court because each potential class similar Cox-II anti-inflammatory Mr. Speaker, I yield the reminder of member’s claims exceeds $75,000. Thus, drugs. Dr. Topol even called Merck’s my time to my friend, the gentleman these cases are removable to Federal CEO and research director to talk from Arkansas (Mr. ROSS). Court under the old rules. There are a few cases which plaintiffs about his concerns. His calls went un- Mr. ROSS. Mr. Speaker, the Class Ac- have joined together in mass action- answered. His warnings went unheeded. tion Fairness Act could not be more in- type cases against Merck. However, not Instead, Merck continued to sell appropriately named, and this motion a single Vioxx case has been brought Vioxx, continued to spend $100 million to commit shows why. against Merck in State court by more a year on direct-to-consumer adver- Since 1999, Merck has spent over $100 than 100 plaintiffs, one of the require- tising, encouraging more and more million a year to advertise Vioxx. More ments for removal to Federal Court Americans to buy Vioxx. That is what than 80 million people took Vioxx, and under the class action legislation. Ms. Huggins did. She was buried the the drug generated sales of $2.5 billion Thus, there is no reason to believe that same day that Merck finally took for Merck. Merck should take responsibility for the mass action provision would affect Vioxx off the market. the harm their products may cause. any Vioxx-related cases whatsoever. Her husband Monty has filed suit Thousands, literally thousands of Most of the class actions have been against Merck. His suit will be cap- American families believe they lost a brought against Merck. Since the legis- tured, along with thousands of other loved one or suffered personal harm be- lation is not retroactive, it would abso- Vioxx suits, under the mass actions cause Vioxx was unsafe. lutely have no effect on the 75 class ac- provisions of S. 5. This bill is designed These families believe Merck knew of tions already filed against Merck in to make it more difficult for Monty the danger Vioxx was causing, but al- the wake of the Vioxx withdrawal. Huggins and others to pursue their lowed the drug to remain on the mar- Mr. BROWN of Ohio. Mr. Speaker, I claims that companies like Merck will ket anyway. Maybe they are right. have a parliamentary inquiry. never be held accountable. Maybe they are not. But the point is The SPEAKER pro tempore (Mr. S. 5 will make it more expensive for that the so-called Class Action Fair- COLE of Oklahoma). Does the gen- him and much harder for him to travel ness Act does not give them a fair tleman from Virginia yield to the gen- for court proceedings. It may even chance to make their case before a jury tleman from Ohio for a parliamentary dead-end Monty Huggins’ claim en- of their peers. inquiry? tirely. The Class Action Fairness Act makes Mr. GOODLATTE. Mr. Speaker, I do Federal Courts have repeatedly re- it very difficult for those who feel they not yield. fused to certify multistate class ac- were harmed by drugs like Vioxx from The SPEAKER pro tempore. The gen- tions because they found them too getting the justice they deserve. We tleman from Virginia (Mr. GOODLATTE) complex to choose one State law over should adopt this motion to commit may continue. the other. So Monty Huggins may ar- and pass a Class Action Fairness Act Mr. GOODLATTE. Mr. Speaker, rive in Federal Court only to find that worthy of the name. given the large number of suits already is the end of the line. Mr. GOODLATTE. Mr. Speaker, I rise filed and the fact that every former The bitter irony here is that Vioxx in opposition to the motion to commit. Vioxx taker in America is already a claims are not really class actions at The SPEAKER pro tempore. The gen- proposed class member in numerous all. tleman from Virginia (Mr. GOODLATTE) class actions, it is unlikely there will Here is a good example of the sort of is recognized for 5 minutes. be many more class actions after the things settled by class action lawsuits. Mr. GOODLATTE. Mr. Speaker, first legislation is enacted. This iPod portable music player is all let me thank Chairman SENSEN- It is bad legislation to have some- the rage. There are some people out BRENNER for his leadership in bringing thing pass that covers all class actions there who thought the batteries on us to this historic point. He and I have in the country for all time and name these things run out too quickly. They been working on this for over 6 years. one specific product or one specific have filed a class action lawsuit It has passed the House of Representa- company in the legislation. It is irrele- against the manufacturer. If they win, tives three times before. vant anyway. everybody in the class probably gets a Due to his good work, it has now Now, let me tell you the kinds of few bucks and the whole thing is done. passed the Senate and we have the op- cases that are affected by this legisla- That is what class action lawsuits portunity to send it to the President. tion. Take a look at the ‘‘Class Action are about. They do not generally in- He is waiting to sign it and we Wheel of Fortune’’ on this chart. It will volve personal injuries. They do not shouldn’t waste any more time. tell you what we are doing here today.

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.013 H17PT1 H754 CONGRESSIONAL RECORD — HOUSE February 17, 2005 You have got the case against There was no objection. Boyd Hart Paul Ameritech. Ameritech, the attorneys Bradley (NH) Hastert Pearce The SPEAKER pro tempore. The Brady (TX) Hastings (WA) Pence for the plaintiffs got $16 million in at- question is on the motion to commit. Brown (SC) Hayes Peterson (MN) torneys fees. What did the plaintiffs The question was taken; and the Brown-Waite, Hayworth Peterson (PA) they represent get? Five-dollar phone Speaker pro tempore announced that Ginny Hefley Petri Burgess Hensarling Pickering cards. the noes appeared to have it. Burton (IN) Herger The Premier Cruise Line case, the Pitts RECORDED VOTE Calvert Hobson Platts lawyers got almost $1 million; the con- Camp Hoekstra Mr. BROWN of Ohio. Mr. Speaker, I Poe sumers got a $30- to $40-off coupon for Cannon Holden Pombo their next cruise. demand a recorded vote. Cantor Hostettler Pomeroy Capito Hulshof The computer monitor litigation A recorded vote was ordered. Porter The SPEAKER pro tempore. Pursu- Carter Hunter Portman case, the lawyers, $6 million in fees; Case Hyde Price (GA) the consumers, a $13 rebate against ant to clauses 8 and 9 of rule XX, this Castle Issa Pryce (OH) your next future purchase of the al- 15-minute vote on the motion to com- Chabot Istook Putnam mit will be followed by 5-minute votes Chocola Jenkins Radanovich leged defective product. Coble Jindal on the passage of S. 5, if ordered, and Ramstad Register.com, $650,000 for the law- Cole (OK) Johnson (CT) Regula yers; $5 for the consumers. the motion to suspend the rules on H. Conaway Johnson (IL) Rehberg KB Toys, $1 million for the lawyers; Res. 91. Cooper Johnson, Sam Renzi Cramer Jones (NC) Reynolds 30 percent off your selected product in The vote was taken by electronic de- Crenshaw Keller a unadvertised 1-week sale at KB Toys. Rogers (AL) vice, and there were—ayes 175, noes 249, Cubin Kelly Rogers (KY) Poland Spring Water, $1.35 million not voting 10, as follows: Cuellar Kennedy (MN) Rogers (MI) Culberson King (IA) for the lawyers; a coupon for more of [Roll No. 37] Rohrabacher the allegedly defective water for the Cunningham King (NY) Ros-Lehtinen AYES—175 Davis (AL) Kingston Royce consumers. Davis (KY) Kirk Abercrombie Hastings (FL) Obey Ryan (WI) My favorite case, however, is this Davis (TN) Kline Ackerman Herseth Olver Ryun (KS) Davis, Jo Ann Knollenberg one, the Chase Manhattan Bank case, Allen Higgins Saxton Ortiz Davis, Tom Kolbe where the lawyers got $4 million in at- Andrews Hinchey Schwarz (MI) Owens Deal (GA) Kuhl (NY) Baca Hinojosa Scott (GA) torneys fees; the plaintiffs, a check, we Pallone DeLay LaHood Baird Holt Sensenbrenner have got one right here, for 33 cents. Pascrell Dent Latham Baldwin Honda Sessions Pastor Diaz-Balart, L. LaTourette But there was a catch, because if you Barrow Hooley Shaw Payne Diaz-Balart, M. Leach wanted to accept the 33 cents, you had Bean Hoyer Shays Pelosi Doolittle Lewis (CA) Becerra Inslee Sherwood to use a 34-cent postage stamp to send Price (NC) Drake Lewis (KY) Berkley Israel Shimkus in your acceptance notice. How is that Rahall Dreier Linder Berman Jackson (IL) Shuster Reyes Duncan LoBiondo for a bargain for you? Berry Jackson-Lee Ross Ehlers Lucas Simmons And how about the $22 million case Bishop (GA) (TX) Rothman Emerson Lungren, Daniel Simpson Bishop (NY) Jefferson that President Bush cited last week Roybal-Allard Engel E. Smith (NJ) Blumenauer Johnson, E. B. against Thompson Electronics? The Ruppersberger English (PA) Mack Smith (TX) Boswell Kanjorski Rush Everett Manzullo Sodrel lawyers got $22 million in attorneys Brady (PA) Kaptur Ryan (OH) Feeney Marchant Souder fees; the plaintiffs, one of whom was Brown (OH) Kennedy (RI) Sabo Ferguson Marshall Spratt Brown, Corrine Kildee there, got a $25- to $50-off coupon to Salazar Fitzpatrick (PA) Matheson Stearns Butterfield Kilpatrick (MI) buy more of what? The very television Sa´ nchez, Linda Flake McCaul (TX) Sullivan Capps Kind T. Foley McCotter Sweeney set that she was complaining was de- Capuano Kucinich Sanchez, Loretta Forbes McCrery Tancredo fective in the first place. Cardin Langevin Sanders Ford McHenry Tanner Cardoza Lantos It is a racket, it is extortionate. The Schakowsky Fortenberry McHugh Taylor (NC) Carnahan Larsen (WA) people of the country know it. When Schiff Fossella McKeon Terry Carson Larson (CT) Schwartz (PA) Foxx McMorris Thomas they are asked the question, who bene- Chandler Lee Franks (AZ) Mica Thornberry fits from our class action industry Clay Levin Scott (VA) Frelinghuysen Miller (FL) Tiahrt Cleaver Lewis (GA) Serrano today, 47 percent say it is the plain- Gallegly Miller (MI) Tiberi Clyburn Lipinski Sherman tiffs’ lawyers; 20 percent say it is the Garrett (NJ) Miller, Gary Turner Conyers Lofgren, Zoe Skelton Gerlach Moran (KS) Upton lawyers for the companies; 67 percent Costa Lowey Slaughter Gibbons Moran (VA) Walden (OR) of our public recognizes it is the law- Costello Lynch Smith (WA) Gilchrest Murphy Walsh Crowley Maloney Snyder yers who benefit from this system. Gillmor Murtha Wamp Cummings Markey Solis It is time we change it. This bill does Gingrey Musgrave Weldon (FL) Davis (CA) McCarthy Stark Gohmert Myrick Weldon (PA) just that. It protects American con- Davis (FL) McCollum (MN) Strickland Goode Neugebauer Weller sumers and makes sure that they get Davis (IL) McDermott Tauscher Goodlatte Ney Westmoreland DeFazio McGovern Taylor (MS) justice by examining these ridiculous Gordon Northup Whitfield DeGette McIntyre Thompson (CA) coupon settlements. Granger Norwood Wicker Delahunt McKinney Thompson (MS) Graves Nunes Wilson (NM) Mr. Speaker, I urge my colleagues to DeLauro McNulty Tierney Green (WI) Nussle Wilson (SC) support this legislation, defeat the mo- Dicks Meehan Towns Gutknecht Osborne Wolf Dingell Meek (FL) Udall (CO) tion to commit, and send the bill to the Hall Otter Young (AK) Doggett Meeks (NY) Udall (NM) President, and starting very soon, we Harris Oxley Young (FL) Doyle Melancon Van Hollen will have justice for American con- Edwards Menendez Vela´ zquez NOT VOTING—10 sumers. Emanuel Michaud Visclosky Mr. Speaker, I yield back the balance Etheridge Millender- Wasserman Buyer Inglis (SC) Shadegg Cox Jones (OH) Stupak of my time. Evans McDonald Schultz Fattah Miller (NC) Waters Eshoo Rangel PARLIAMENTARY INQUIRY Filner Miller, George Watson Farr Reichert Mr. BROWN of Ohio. Mr. Speaker, I Frank (MA) Mollohan Watt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Gonzalez Moore (KS) Waxman have a parliamentary inquiry. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The gen- Green, Al Moore (WI) Weiner Green, Gene Nadler Wexler COLE of Oklahoma) (during the vote). tleman will state it. Grijalva Napolitano Woolsey Members are advised there are 2 min- Mr. BROWN of Ohio. Mr. Speaker, Gutierrez Neal (MA) Wu utes remaining in this vote. under provisions of this bill, is it not Harman Oberstar Wynn the case that all future Vioxx cases are NOES—249 b 1341 prohibited? Aderholt Bass Boehner The SPEAKER pro tempore. The gen- Akin Beauprez Bonilla So the motion to commit was re- tleman has not stated a proper par- Alexander Biggert Bonner jected. liamentary inquiry. Bachus Bilirakis Bono The result of the vote was announced Without objection, the previous ques- Baker Bishop (UT) Boozman as above recorded. Barrett (SC) Blackburn Boren tion is ordered on the motion to com- Bartlett (MD) Blunt Boucher Mr. MARKEY changed his vote from mit. Barton (TX) Boehlert Boustany ‘‘aye’’ to ‘‘no.’’

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.047 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H755 The SPEAKER pro tempore (Mr. Scott (GA) Souder Walden (OR) The Clerk read the title of the resolu- Sensenbrenner Stearns Walsh MCHUGH). The question is on the pas- tion. Sessions Sullivan Wamp sage of the Senate bill. Shadegg Sweeney Weldon (FL) The SPEAKER pro tempore. The The question was taken; and the Shaw Tancredo Weldon (PA) question is on the motion offered by Speaker pro tempore announced that Shays Tanner Weller the gentleman from California (Mr. Sherwood Tauscher Westmoreland the ayes appeared to have it. ISSA) that the House suspend the rules Shimkus Taylor (MS) Whitfield Shuster Taylor (NC) Mr. SENSENBRENNER. Mr. Speak- Wicker and agree to the resolution, H. Res. 91, Simmons Terry er, on that I demand the yeas and nays. Wilson (NM) as amended, on which the yeas and Simpson Thomas Wilson (SC) The yeas and nays were ordered. Smith (NJ) Thornberry nays are ordered. The SPEAKER pro tempore. This Smith (TX) Tiahrt Wolf This will be a 5-minute vote. Wu will be a 5-minute vote. Smith (WA) Tiberi Snyder Turner Young (AK) The vote was taken by electronic de- The vote was taken by electronic de- Sodrel Upton Young (FL) vice, and there were—yeas 409, nays 0, vice, and there were—yeas 279, nays NAYS—149 not voting 24, as follows: 149, not voting 6, as follows: Abercrombie Hastings (FL) Olver [Roll No. 39] [Roll No. 38] Ackerman Herseth Ortiz YEAS—409 YEAS—279 Allen Hinchey Owens Andrews Holt Pallone Abercrombie Cramer Hastings (FL) Aderholt Everett Lewis (KY) Baca Honda Pascrell Ackerman Crenshaw Hastings (WA) Akin Feeney Linder Baldwin Hooley Pastor Aderholt Crowley Hayes Alexander Ferguson Lipinski Barrow Hoyer Payne Akin Cubin Hayworth Bachus Fitzpatrick (PA) LoBiondo Becerra Inslee Pelosi Alexander Cuellar Hefley Baird Flake Lucas Berkley Israel Price (NC) Allen Culberson Hensarling Barrett (SC) Foley Lungren, Daniel Berman Jackson (IL) Ross Andrews Cummings Herger Bartlett (MD) Forbes E. Bishop (GA) Jackson-Lee Rothman Baca Cunningham Herseth Barton (TX) Ford Mack Bishop (NY) (TX) Roybal-Allard Bachus Davis (AL) Higgins Bass Fortenberry Manzullo Blumenauer Jefferson Rush Baird Davis (CA) Hinchey Bean Fossella Marchant Boswell Johnson, E. B. Ryan (OH) Baldwin Davis (FL) Hinojosa Beauprez Foxx Marshall Brady (PA) Jones (OH) Sabo Barrett (SC) Davis (IL) Hobson Berry Franks (AZ) Matheson Brown (OH) Kaptur Salazar Barrow Davis (KY) Hoekstra Biggert Frelinghuysen McCaul (TX) Brown, Corrine Kennedy (RI) Sa´ nchez, Linda Bartlett (MD) Davis (TN) Holden Bilirakis Gallegly McCotter Butterfield Kildee T. Barton (TX) Davis, Jo Ann Holt Bishop (UT) Garrett (NJ) McCrery Capps Kilpatrick (MI) Sanchez, Loretta Bass Davis, Tom Honda Blackburn Gerlach McHenry Capuano Kucinich Sanders Bean Deal (GA) Hooley Blunt Gibbons McHugh Cardin Langevin Schakowsky Beauprez DeFazio Hostettler Boehlert Gilchrest McKeon Cardoza Lantos Schiff Becerra DeGette Hoyer Boehner Gillmor McMorris Carnahan Lee Schwartz (PA) Berkley Delahunt Hulshof Bonilla Gingrey Meeks (NY) Carson Levin Scott (VA) Berman DeLauro Hunter Bonner Gohmert Melancon Clay Lewis (GA) Serrano Berry DeLay Hyde Bono Gonzalez Mica Cleaver Lofgren, Zoe Sherman Biggert Dent Inglis (SC) Boozman Goode Michaud Clyburn Lowey Skelton Bilirakis Diaz-Balart, L. Inslee Boren Goodlatte Miller (FL) Conyers Lynch Slaughter Bishop (GA) Diaz-Balart, M. Israel Boucher Gordon Miller (MI) Crowley Maloney Solis Bishop (NY) Dicks Issa Boustany Granger Miller, Gary Cummings Markey Spratt Bishop (UT) Dingell Istook Boyd Graves Moore (KS) Davis (CA) McCarthy Stark Blackburn Doggett Jackson (IL) Bradley (NH) Green (WI) Moran (KS) Davis (FL) McCollum (MN) Strickland Blumenauer Doolittle Jackson-Lee Brady (TX) Gutknecht Moran (VA) DeFazio McDermott Thompson (CA) Blunt Doyle (TX) Brown (SC) Hall Murphy DeGette McGovern Thompson (MS) Boehlert Drake Jefferson Brown-Waite, Harman Murtha Delahunt McIntyre Tierney Bonilla Dreier Jenkins Ginny Harris Musgrave DeLauro McKinney Towns Bonner Duncan Jindal Burgess Hart Myrick Dicks McNulty Udall (CO) Bono Edwards Johnson (CT) Burton (IN) Hastert Neugebauer Dingell Meehan Udall (NM) Boozman Ehlers Johnson (IL) Buyer Hastings (WA) Ney Doggett Meek (FL) Van Hollen Boren Emanuel Johnson, E. B. Calvert Hayes Northup Doolittle Menendez Vela´ zquez Boswell Emerson Johnson, Sam Camp Hayworth Norwood Doyle Millender- Visclosky Boucher Engel Jones (NC) Cannon Hefley Nunes Engel McDonald Wasserman Boustany English (PA) Jones (OH) Cantor Hensarling Nussle Etheridge Miller (NC) Schultz Boyd Etheridge Kanjorski Capito Herger Osborne Evans Miller, George Waters Bradley (NH) Evans Keller Carter Higgins Otter Fattah Mollohan Watson Brady (PA) Everett Kelly Case Hinojosa Oxley Filner Moore (WI) Watt Brady (TX) Fattah Kennedy (MN) Castle Hobson Paul Frank (MA) Nadler Waxman Brown (OH) Ferguson Kennedy (RI) Chabot Hoekstra Pearce Green, Al Napolitano Weiner Brown (SC) Filner Kildee Chandler Holden Pence Green, Gene Neal (MA) Wexler Brown, Corrine Fitzpatrick (PA) Kilpatrick (MI) Chocola Hostettler Peterson (MN) Grijalva Oberstar Woolsey Brown-Waite, Flake King (IA) Coble Hulshof Peterson (PA) Gutierrez Obey Wynn Ginny Foley King (NY) Cole (OK) Hunter Petri Burgess Forbes Kingston Conaway Hyde Pickering NOT VOTING—6 Burton (IN) Ford Kline Cooper Inglis (SC) Pitts Baker Farr Reichert Butterfield Fortenberry Knollenberg Costa Issa Platts Eshoo Rangel Stupak Buyer Fossella Kolbe Costello Istook Poe Calvert Foxx Kucinich Cox Jenkins Pombo ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp Frank (MA) Kuhl (NY) Cramer Jindal Pomeroy The SPEAKER pro tempore (during Cannon Franks (AZ) LaHood Crenshaw Johnson (CT) Porter Cantor Frelinghuysen Langevin Cubin Johnson (IL) Portman the vote). Members are advised there Capps Garrett (NJ) Lantos Cuellar Johnson, Sam Price (GA) are 2 minutes remaining in this vote. Capuano Gerlach Larsen (WA) Culberson Jones (NC) Pryce (OH) Cardin Gibbons Larson (CT) Cunningham Kanjorski Putnam b 1349 Cardoza Gilchrest Latham Davis (AL) Keller Radanovich So the Senate bill was passed. Carnahan Gillmor LaTourette Davis (IL) Kelly Rahall Carson Gingrey Leach Davis (KY) Kennedy (MN) Ramstad The result of the vote was announced Carter Gohmert Lee Davis (TN) Kind Regula as above recorded. Case Gonzalez Levin Davis, Jo Ann King (IA) Rehberg A motion to reconsider was laid on Castle Goode Lewis (CA) Davis, Tom King (NY) Renzi the table. Chabot Goodlatte Lewis (GA) Deal (GA) Kingston Reyes Chandler Gordon Lewis (KY) DeLay Kirk Reynolds f Chocola Granger Linder Dent Kline Rogers (AL) Clay Graves Lipinski Diaz-Balart, L. Knollenberg Rogers (KY) HONORING THE LIFE AND LEGACY Cleaver Green (WI) LoBiondo Diaz-Balart, M. Kolbe Rogers (MI) OF FORMER LEBANESE PRIME Clyburn Green, Al Lofgren, Zoe Drake Kuhl (NY) Rohrabacher MINISTER RAFIK HARIRI Coble Green, Gene Lowey Dreier LaHood Ros-Lehtinen Cole (OK) Grijalva Lucas Duncan Larsen (WA) Royce The SPEAKER pro tempore (Mr. Conaway Gutierrez Lungren, Daniel Edwards Larson (CT) Ruppersberger MCHUGH). The unfinished business is Conyers Gutknecht E. Ehlers Latham Ryan (WI) the question of suspending the rules Cooper Hall Lynch Emanuel LaTourette Ryun (KS) Costa Harman Mack Emerson Leach Saxton and agreeing to the resolution, H. Res. Costello Harris Maloney English (PA) Lewis (CA) Schwarz (MI) 91, as amended. Cox Hart Manzullo

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.051 H17PT1 H756 CONGRESSIONAL RECORD — HOUSE February 17, 2005 Marchant Pearce Slaughter Ms. LORETTA SANCHEZ. Mr. Speaker, on The SPEAKER pro tempore. Is there Markey Pelosi Smith (NJ) objection to the request of the gen- Marshall Pence Smith (TX) Thursday, February 17, 2005, I was unavoid- Matheson Peterson (MN) Smith (WA) ably detained due to a prior obligation. Had I tleman from Alaska? McCarthy Peterson (PA) Snyder been present and voting, I would have voted Ms. EDDIE BERNICE JOHNSON of McCaul (TX) Petri Sodrel as follows: Rollcall No. 39, ‘‘yes’’ (H. Res. 91). Texas. Mr. Speaker, reserving the right McCollum (MN) Pickering Solis Mr. REICHERT. Mr. Speaker, I was absent to object, however, I do not intend to McCotter Pitts Souder McCrery Platts Spratt on February 17, 2005 due to the funeral of a object, I yield to the gentleman from McDermott Poe Stark close friend. Had I been present, I would have Alaska (Mr. YOUNG) for an explanation McGovern Pombo Stearns of the resolution. McHenry Pomeroy voted ‘‘yes’’ on Rollcall No. 38. Strickland McHugh Porter Mr. YOUNG of Alaska. Mr. Speaker, Sullivan f McKeon Portman will the gentlewoman yield? Sweeney McKinney Price (GA) PERMISSION FOR COMMITTEE ON Ms. EDDIE BERNICE JOHNSON of McMorris Price (NC) Tancredo HOUSE ADMINISTRATION TO Tanner Texas. I yield to the gentleman from McNulty Pryce (OH) HAVE UNTIL MIDNIGHT, FEB- Meehan Putnam Tauscher Alaska. Meek (FL) Rahall Taylor (MS) RUARY 24, 2005 TO FILE REPORT Mr. YOUNG of Alaska. Mr. Speaker, I Meeks (NY) Ramstad Terry ON H.R. 841 thank the gentlewoman from Texas Melancon Regula Thomas Menendez Rehberg Thompson (CA) Mr. OXLEY. Mr. Speaker, I ask unan- (Ms. EDDIE BERNICE JOHNSON) for intro- Mica Renzi Thompson (MS) imous consent that the Committee on ducing this resolution. Michaud Reyes Thornberry House Administration have until mid- This resolution honors the soldiers of Millender- Reynolds Tiahrt the Army’s Black Corps of Engineers McDonald Rogers (AL) Tiberi night, Thursday, February 24, 2005, to Miller (FL) Rogers (KY) Tierney file a report to accompany H.R. 841. for their contribution in construction Miller (MI) Rogers (MI) Towns The SPEAKER pro tempore. Is there of the Alaska-Canada Highway during Miller (NC) Rohrabacher Turner objection to the request of the gen- World War II. Miller, Gary Ros-Lehtinen Udall (CO) tleman from Ohio? There is no doubt about the enor- Miller, George Ross Udall (NM) Moore (KS) Rothman Upton There was no objection. mous contribution made by these sol- Moore (WI) Roybal-Allard Van Hollen f diers and the lasting legacy they left to Moran (KS) Royce Vela´ zquez Alaska and the security of our Nation. Moran (VA) Rush Visclosky CONDITIONAL ADJOURNMENT TO Murphy Ryan (OH) This is long overdue and I strongly Walden (OR) MONDAY, FEBRUARY 21, 2005 support the gentlewoman’s resolution Murtha Ryan (WI) Walsh Musgrave Ryun (KS) Wamp Mr. YOUNG of Alaska. Mr. Speaker, I and appreciate her efforts. Myrick Salazar Wasserman Mr. Speaker, may I suggest some- Nadler Sa´ nchez, Linda ask unanimous consent that when the Schultz Napolitano T. House adjourns today, it adjourn to body should read the great story of this Watson Neal (MA) Saxton Corps of Engineers brigade and what Watt meet at 2 p.m. on Monday, February 21, Neugebauer Schakowsky Waxman 2005, unless it sooner has received a they were able to do, the work they put Ney Schiff Northup Schwartz (PA) Weiner message from the Senate transmitting in, the time they put in, and the excel- Norwood Schwarz (MI) Weldon (FL) its concurrence in House Concurrent lent job they did in building a highway Nunes Scott (GA) Weldon (PA) of approximately 1,400 miles in less Weller Resolution 66, in which case the House Nussle Scott (VA) than 365 days of a year. Oberstar Sensenbrenner Westmoreland shall stand adjourned pursuant to that Obey Serrano Wexler concurrent resolution. Again, I commend the gentlewoman Olver Sessions Whitfield The SPEAKER pro tempore. Is there for introducing this resolution. It is Ortiz Shadegg Wicker objection to the request of the gen- long overdue. And for those who do not Osborne Shaw Wilson (NM) Otter Shays Wilson (SC) tleman from Alaska? understand this, drive this highway Owens Sherman Wolf There was no objection. someday and you will understand the Woolsey Oxley Sherwood f work they put in. Pallone Shimkus Wu Ms. EDDIE BERNICE JOHNSON of Pastor Shuster Wynn DISPENSING WITH CALENDAR Paul Simmons Young (AK) Texas. Further reserving the right to Payne Simpson Young (FL) WEDNESDAY BUSINESS ON object, Mr. Speaker, I would like to WEDNESDAY, MARCH 2, 2005 NOT VOTING—24 talk a little bit about the legislation Mr. YOUNG of Alaska. Mr. Speaker, I that we are considering. The construc- Baker Kind Ruppersberger Boehner Kirk Sabo ask unanimous consent that the busi- tion of the Alaska-Canada Highway Capito McIntyre Sanchez, Loretta ness in order under the Calendar from Dawson Creek, Canada to Fair- Eshoo Mollohan Sanders Wednesday rule be dispensed with on banks, Alaska in 1942 was heralded as Farr Pascrell Skelton Feeney Radanovich Stupak Wednesday, March 2, 2005. one of America’s greatest public works Gallegly Rangel Taylor (NC) The SPEAKER pro tempore. Is there projects of the 20th century. Kaptur Reichert Waters objection to the request of the gen- The emergency war measure, made ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Alaska? necessary by the bombing of Pearl Har- The SPEAKER pro tempore (during There was no objection. bor, was authorized by President the vote). Members are advised that 2 f Franklin Delano Roosevelt on Feb- minutes remain in the vote. ruary 11, 1942. The construction of the HONORING THE SOLDIERS OF THE 1,522 mile long road through rugged b 1357 ARMY’S BLACK CORPS OF ENGI- unmapped wilderness and extreme tem- So (two-thirds having voted in favor NEERS peratures ranging between 80 degrees thereof) the rules were suspended and Mr. YOUNG of Alaska. Mr. Speaker, I below and 90 degrees above zero was the resolution, as amended, was agreed ask unanimous consent that the Com- completed in an astonishing 8 months to. mittee on Transportation and Infra- and 12 days. Upon completion, the road The result of the vote was announced structure be discharged from further was the only overland route that stra- as above recorded. consideration of the concurrent resolu- tegically linked Alaska and the lower The title of the resolution was tion (H. Con. Res. 67) honoring the sol- 48 States and facilitated the construc- amended so as to read: ‘‘A resolution diers of the Army’s Black Corps of En- tion of airstrips for refueling planes condemning the terrorist bombing at- gineers for their contributions in con- and vital supply routes during World tack that occurred on February 14, structing the Alaska-Canada highway War II. 2005, in Beirut, Lebanon, that killed during World War II and recognizing Critical to the construction of the former Lebanese Prime Minister Rafik the importance of these contributions Alaska-Canada Highway were the men Hariri and killed and wounded oth- to the subsequent integration of the of the 93rd, 95th, and 97th regiments, in ers.’’. military, and ask for its immediate addition to the 388th battalion of the A motion to reconsider was laid on consideration in the House. Army Corps of Engineers. Segregated the table. The Clerk read the title of the con- by race and seldom recognized, mem- Stated for: current resolution. bers of the Black Corps of Engineers

VerDate Aug 04 2004 01:30 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.021 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H757 comprised over one-third of the total northern territory to the remainder of the Mr. FLAKE. Mr. Speaker, last week troop strength in this project. continental United States and facilitated the we heard projections that the prescrip- In spite of severe racially discrimina- construction of airstrips for refueling planes tion drug benefit is going to be far tory policies and detestable living and and vital supply routes during World War II; more expensive than we figured. Now, social conditions, the soldiers of the Whereas although considerable praise was bestowed upon soldiers for exemplary work many of us never believed that it would Black Corps of Engineers performed in constructing the Alcan Highway, the sol- cost just $400 million, and the fact that notably and unselfishly on this project. diers of the Black Corps of Engineers were it is much higher than that is not sur- b 1400 seldom recognized; and prising at all. Whereas despite enduring indignities and I would encourage the President and Regretfully, since 1942, their con- double standards, the soldiers of the Black our leadership to work with us to be tributions toward this country’s West- Corps of Engineers contributed unselfishly to able to rein in this monster that we ern defense during World War II and the western defense in World War II and have created. subsequent integration of the military these contributions helped lead to the subse- Over a period of 75 years, the initial have been excluded from many of the quent integration of the military: Now, estimates were that this would add $7 footnotes of history; but this being the therefore, be it trillion in unfunded liabilities. I should last day we can make presentations Resolved by the House of Representatives (the Senate concurring), That Congress honors the point out that every dime to pay for during Black History Month, I am de- soldiers of the Army’s Black Corps of Engi- this new benefit is borrowed. There- lighted and thankful that the gen- neers for their contributions in constructing fore, every dime will be paid for by our tleman from Alaska (Mr. YOUNG) knew the Alaska-Canada highway during World kids and our grandkids. about them and is cosponsoring this War II and recognizes the importance of It is time to get the bridle on the resolution. these contributions to the subsequent inte- It is with great pride and honor that gration of the military. horse before the horse leaves the barn, and we need to work now, before this I, with the cosponsorship of the gen- The concurrent resolution was agreed benefit starts next year, to make sure tleman from Alaska (Mr. YOUNG) and to. that we can reign in the costs. the gentleman from Minnesota (Mr. A motion to reconsider was laid on Mr. Speaker, last week the White House re- OBERSTAR), urge my colleagues to join the table. leased budget projections that show that the me in honoring this group of soldiers f whose works have existed in the shad- cost of the prescription drug benefit that Con- ows of the Nation’s history since 1942, MESSAGE FROM THE PRESIDENT gress added to Medicare last year could bal- the Army’s Black Corps of Engineers; A message in writing from the Presi- loon to $1.2 trillion over the next ten years. and the Congressional Black Caucus dent of the United States was commu- The initial price estimate of the new entitle- joins me in supporting this. Let me nicated to the House by Mr. Sherman ment was $400 billion. thank again the gentleman from Alas- Williams, one of his secretaries. Frankly, the initial estimate of $400 billion was more than many of us could stomach, but ka (Mr. YOUNG). f Mr. Speaker, I withdraw my reserva- we knew that $400 billion was a lowball esti- tion of objection. APPOINTMENT OF HON. TOM mate and the real cost was sure to be higher. The SPEAKER pro tempore (Mr. DAVIS OF VIRGINIA TO ACT AS Having said that, it gives none of us pleasure CONAWAY). Is there objection to the re- SPEAKER PRO TEMPORE TO to say ‘‘see, we told you so. ‘‘ quest of the gentleman from Alaska? SIGN ENROLLED BILLS AND When President Bush first proposed the There was no objection. JOINT RESOLUTIONS THROUGH new prescription drug benefit, it was targeted The Clerk read the concurrent reso- MARCH 1, 2005 and means-tested for low-income seniors who lution, as follows: The SPEAKER pro tempore laid be- did not currently have prescription drug cov- H. CON. RES. 67 fore the House the following commu- erage. President Bush’s plan also coupled the Whereas the bombing of Pearl Harbor ne- nication from the Speaker: new benefit with some needed reforms of the cessitated constructing an overland route be- WASHINGTON, DC, Medicare program. tween Alaska and the lower 48 States for February 17, 2005. It should come as no surprise that by the military purposes; I hereby appoint the Honorable TOM DAVIS time Congress was done with the package, it Whereas on February 11, 1942, President to act as Speaker pro tempore to sign en- looked nothing like the President’s proposal. Franklin Delano Roosevelt authorized the rolled bills and joint resolutions through Congress expanded coverage to all seniors construction of the Alaska-Canada Highway March 1, 2005. (also known as the ‘‘Alcan Highway’’); and yanked the reforms that would have J. DENNIS HASTERT, helped curb future costs from the bill. Whereas construction of the Alcan High- Speaker of the House of Representatives. What does come as a surprise is President way, a 1,522-mile long road from Dawson The SPEAKER pro tempore. Without Creek, Canada, to Fairbanks, Alaska, was an Bush’s recent threat to veto any attempt by engineering feat of enormous challenge; objection, the appointment is ap- Congress to go back and fix our mistake. Whereas the Alcan Highway was con- proved. Shortly after Congress passed the new pre- There was no objection. structed by approximately 10,000 United scription drug entitlement, and the initial cost States troops through rugged, unmapped wil- f estimate was already going up, I introduced a derness and extreme temperatures, ranging bill that would cap the cost of the program at from 80-degrees-below to 90-degrees-above APPOINTMENT OF MEMBERS TO zero; COMMISSION ON SECURITY AND the initial estimate of $400 billion. If the cost Whereas the Corps of Engineers units as- COOPERATION IN EUROPE overran the estimate, my bill would have re- signed to construct the Alcan Highway were The SPEAKER pro tempore. Pursu- quired Congress to offset the difference or segregated by race; ant to 22 U.S.C. 3003 note, and the order scale back the entitlement. Whereas the 93rd, 95th, and 97th Regiments of the House of January 4, 2005, the I plan to reintroduce that legislation shortly, and 388th Battalion of the Corps of Engi- and I urge Congress to take it up quickly. neers, part of a group known as the ‘‘Black Chair announces the Speaker’s ap- pointment of the following Members of Whether or not Congress acts on this specific Corps of Engineers’’, were African American piece of legislation, we need to begin talking units assigned to the Alcan Highway project, the House to the Commission on Secu- and these units comprised one-third of the rity and Cooperation in Europe: about ways to control the monster we created. total engineering workforce on the project; Mr. CARDIN, Maryland; President Bush sent over a budget to Con- Whereas despite severe discriminatory Ms. SLAUGHTER, New York; gress a couple of weeks ago that proposed policies, and abominable living and social Mr. HASTINGS, Florida; cutting or killing over 150 programs. Of conditions, the soldiers of the Black Corps of Mr. MCINTYRE, North Carolina. course, Members of Congress immediately Engineers performed notably and unselfishly f began maneuvering to make sure that their on the project; pet projects did not get the axe. I think the Whereas on November 20, 1942, the Alcan REINING IN THE COST OF MEDI- President is on the right track by trying to pare Highway was completed in an astonishing 8 CARE PRESCRIPTION DRUG ENTI- back congressional spending and I will cer- months and 12 days, becoming one of the Na- TLEMENT tion’s greatest public works projects in the tainly be doing what I can to help him in that 20th century; (Mr. FLAKE asked and was given effort. However, the truth is that, compared to Whereas the Alcan Highway became the permission to address the House for 1 federal mandatory spending on entitlement only land route that strategically linked the minute.) programs like Medicare, Medicaid, and Social

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 9920 E:\CR\FM\K17FE7.057 H17PT1 H758 CONGRESSIONAL RECORD — HOUSE February 17, 2005 Security, Congress and President Bush are secure the nuclear stockpiles that are and ensure that Iraq’s economic infra- quibbling over pocket change. out there before they get into the structure becomes fully viable. If President Bush is serious about control- hands of terrorists. f ling federal spending, and I believe that he is, Most people agree that the best pro- ECONOMIC REPORT OF THE PRESI- he ought to reconsider his threat to veto any gram to secure nuclear materials is the DENT—MESSAGE FROM THE attempt to pare back the prescription drug en- Cooperative Threat Reduction pro- PRESIDENT OF THE UNITED titlement. gram, or CTR, which enlists the De- STATES (H. DOC. NO. 109–1 President Bush’s initial prescription drug partment of Defense to dismantle nu- benefit was much more fiscally responsible clear warheads, reduce nuclear stock- The SPEAKER pro tempore laid be- than the proposal he signed into law. I hope piles, and secure nuclear weapons and fore the House the following message that if there is an effort in Congress to make materials in the states of the former from the President of the United the prescription drug benefit look more like Soviet Union. States; which was read and, together President Bush’s original plan, he will embrace CTR is crucial in keeping nuclear with the accompanying papers, without it rather than fight it. weapons out of the hands of terrorists. objection, referred to the Joint Eco- f Terrorists know that it would not be nomic Committee and ordered to be difficult to steal material from poorly printed: SPECIAL ORDERS guarded nuclear plants in Russia. That To the Congress of the United States: The SPEAKER pro tempore. Under is why it is important to increase our The United States is enjoying a ro- the Speaker’s announced policy of Jan- funding for CTR and provide funding to bust economic expansion because of the uary 4, 2005, and under a previous order extend the program so that other re- good policies we have put in place and of the House, the following Members gions of the world can be included. the strong efforts of America’s workers will be recognized for 5 minutes each. Last year, the Cooperative Threat and entrepreneurs. Four years ago, our f Reduction program received only $409 economy was sliding into recession: million from the Defense budget, and SMART SECURITY AND FISCAL The bursting of the high-tech bubble, the Department of Defense did not even YEAR 2006 DEFENSE BUDGET revelations of corporate scandals, and use all of this money. We should triple terrorist attacks hurt our economy, The SPEAKER pro tempore. Under a or quadruple our funds and our efforts leading to falling incomes and rising previous order of the House, the gentle- for CTR in the fiscal year 2006 budget, unemployment. woman from California (Ms. WOOLSEY) and we should extend this vital pro- We acted by passing tax relief so is recognized for 5 minutes. gram to other countries where nuclear American families could keep more of Ms. WOOLSEY. Mr. Speaker, the materials are not safely guarded, coun- their own money. At the same time, we Bush’s administration national secu- tries like Iran, North Korea, Libya, and gave businesses incentives to invest rity priorities are so out of balance Pakistan. and create jobs. Last year, we gained that it is hard to know where to begin. Instead of continuing down our cur- over 2 million new jobs, and the econo- Between the debacle in Iraq, the failure rent path, Mr. Speaker, I believe we my’s production of goods and services to address America’s true homeland se- must pursue a new national, smarter rose by 4.4 percent. The unemployment curity needs and funding for research security strategy that I call SMART rate is now 5.2 percent, which is lower on new nuclear weapons, there are security, which is a Sensible Multilat- than the average of each of the past plenty of options to choose from. eral American Response to Terrorism three decades and the lowest since the Last October during the final Presi- for the 21st century. attacks of September 11, 2001. Our pro- dential debate before the November I have also introduced H. Con. Res. growth policies are taking us in the election, President Bush claimed that 35, legislation that would pursue a right direction. the gravest threat America faces is the smarter strategy for rebuilding Iraq. As I start my second term, we must threat of nuclear attack. Unfortu- Twenty-eight of my House colleagues take action to keep our economy grow- nately, the President has done very lit- have joined me in offering this impor- ing. I will not be satisfied until every tle to address this threat. tant legislation. American who wants to work can find One of the primary nuclear threats The immoral and ill-conceived war in a job. I have laid out a comprehensive America faces is the development of Iraq has already claimed the lives of strategy to sustain growth, create jobs, such hostile weapons by countries like nearly 1,500 American troops. Another and confront the challenges of a chang- Iran and North Korea. That is why we 11,000 have been gravely wounded as a ing America. need to engage these nations in aggres- result of this war, and the 150,000 sol- I am committed to restraining spend- sive diplomacy, not aggressive saber diers that remain in Iraq are sitting ing by eliminating government pro- rattling. ducks, sitting ducks for Iraq’s growing grams that do not work and by making Earlier this week, North Korea indi- insurgency. I am sure that many of government provide important services cated that it wishes to hold bilateral these soldiers understand what our more efficiently. I have pledged to cut talks with the United States, presum- President does not, that the military the deficit in half by 2009, and we are ably to receive financial assistance in option is not working. on track to do so. exchange for dismantling its nuclear Yet the President and his adminis- The greatest fiscal challenges we face weapons program. Iran, on the other tration refuse to consider alternatives arise from the aging of our society. Be- hand, feels threatened by recent whis- to the way we are handling the situa- cause Americans are having fewer chil- pers that the Bush administration tion in Iraq. Think about the good that dren and living longer, seniors are be- might attempt a military assault on could be accomplished if even a frac- coming a larger proportion of the popu- their nuclear weapons facilities. tion of the billions that have been lation. This change has important im- We absolutely must negotiate with spent on military operations were in- plications for the Social Security sys- both countries. After using the U.S. stead spent on nonmilitary security. tem, because the benefits paid to retir- military to take down Saddam Hus- We could help secure Iraq by rebuild- ees come from taxes on today’s work- sein, this President probably thinks ing schools so that their children could ers. In 1950, there were 16 workers pay- that negotiations are beneath him; but learn, constructing new water proc- ing into Social Security for every per- I have got news for the Bush adminis- essing plants so that the Iraqi people son receiving benefits. Now there are tration. Negotiations work and foreign could have clean water to drink, and just over 3, and that number will fall to assistance works. We need to start re- building new roads so that citizens can 2 by the time today’s young workers lying more on nonmilitary security travel safely from one city to another. retire. We will not change Social Secu- tools to work out our international dif- Our assistance should not end there. rity for those now retired or nearing ferences. If we want to be truly smart about how retirement. We need to permanently The other major nuclear threat we rebuild Iraq, we also need to bring fix the Social Security system for our comes not from foreign countries, but nongovernmental organizations and children and grandchildren. I will work from terrorist organizations like al humanitarian agencies into this coun- with the Congress to fix Social Secu- Qaeda. To address this threat, we must try to help create a robust civil society rity for generations to come.

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.042 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H759 The current tax code is a drag on the work to expand trade on a multilat- we had a friend in Michael Kergin and economy. It discourages saving and in- eral, regional, and bilateral basis, and in Canada. Standing shoulder to shoul- vestment, and it requires individuals to enforce our trade laws to help en- der, our two countries moved forward and businesses to spend billions of dol- sure a level playing field. to battle against those who sought to lars and millions of hours each year to I have a plan to prepare our young disrupt the free and democratic world. comply with the complicated system. I people for the jobs of the 21st century. Having served as chairman of the will lead a bipartisan effort to reform We have brought greater account- former Select Committee on Homeland our tax code to make it simpler, fairer, ability to our public schools and are Security, Subcommittee on Infrastruc- and more pro-growth. working to improve our high schools. ture and Border Security, I have al- We are working to make health care We have made Pell grants available to ways been especially thankful that more affordable and accessible for one million more students, and we will Ambassador Kergin was a constant American families. The Medicare mod- work to make college more affordable source of goodwill and great insight as ernization bill I signed gives seniors by increasing the size of Pell grants for we secured our shared border while pro- more choices and helps them get the low-income students. We are reforming tecting our economies and the hun- benefits of modern medicine and pre- our workforce training programs to dreds of thousands of jobs dependent on scription drug coverage. We have cre- help Americans obtain the skills need- North American trade. ated health savings accounts, which ed for the jobs that our economy is cre- Together, we were able to secure a give workers and families more control ating. new working agreement, implement over their health care decisions. We I have an ambitious agenda for the new tactics, utilize advanced tech- will open or expand more community next four years. During my first term, nology and biometrics, and integrate health centers for those in need. To working with the Congress, I put poli- border teams, all in order to strength- help control health costs and make cies in place to ensure a rapid recovery en border security without straining health care more accessible, we must and to support strong growth. In my our friendship. The delicacy of such let small businesses pool risks across second term, together we will cut the strategic initiatives and the relative states so they can get the same dis- budget deficit in half, fix Social Secu- ease with which they were accom- counts for health insurance that big rity, reform the tax code, reduce the plished is a testament to the skills Am- companies get. We will increase the use burden of junk lawsuits, ensure a reli- bassador Kergin has always employed of health information technology that able and affordable energy supply, con- to ensure our historic friendship with will make health care more efficient, tinue to promote free and fair trade, our northern border remains sound. cut down on mistakes, and control help make health care affordable and As I am sure his services will be costs. accessible for American families, and missed in Canada, on a personal note, Our litigation system encourages expand the quality and availability of they will also be missed in America. junk lawsuits and harms our economy, educational opportunities. These poli- f and the system must be reformed. I cies will produce an economic environ- The SPEAKER pro tempore. Under a support medical liability reform to ment that continues to unleash the previous order of the House, the gen- control the cost of health care, keep creativity and energy of the American tleman from California (Mr. SCHIFF) is good medical professionals from being people. recognized for 5 minutes. driven out of practice, and ensure that GEORGE W. BUSH. (Mr. SCHIFF addressed the House. patient care—not avoidance of law- THE WHITE HOUSE, February 2005. His remarks will appear hereafter in suits—is the central concern in all f the Extensions of Remarks.) medical decisions. I support class ac- The SPEAKER pro tempore. Under a f tion reform to eliminate the waste, in- previous order of the House, the gen- The SPEAKER pro tempore. Under a efficiency, and unfairness of the class- tleman from Indiana (Mr. BURTON) is previous order of the House, the gen- action system. And I support reforms recognized for 5 minutes. tleman from Texas (Mr. POE) is recog- to the asbestos litigation system in (Mr. BURTON of Indiana addressed nized for 5 minutes. order to protect victims with asbestos the House. His remarks will appear (Mr. POE addressed the House. His related injuries and prevent frivolous hereafter in the Extensions of Re- remarks will appear hereafter in the lawsuits that harm our economy and marks.) Extensions of Remarks.) cost jobs. f f I will continue to push for energy legislation to help keep our economy ORDER OF BUSINESS PUBLICATION OF THE RULES OF strong. We must modernize our elec- Mr. CAMP. Mr. Speaker, I ask unani- THE COMMITTEE ON AGRI- tricity system to make it more reli- mous consent to take my Special Order CULTURE, 109TH CONGRESS able. To make our energy supply more at this time. The SPEAKER pro tempore. Under a secure, we must explore for more en- The SPEAKER pro tempore. Is there previous order of the House, the gen- ergy in environmentally friendly ways objection to the request of the gen- tleman from Virginia (Mr. GOODLATTE) in our own country, develop alter- tleman from Michigan? is recognized for 5 minutes. native sources of energy, and encour- There was no objection. Mr. GOODLATTE. Mr. Speaker, I am age conservation. f pleased to submit for printing in the CONGRES- I will work to further simplify and SIONAL RECORD, pursuant to Rule XI, clause streamline federal regulations that TRIBUTE TO MICHAEL F. KERGIN 2(a) of the Rules of the House, a copy of the hinder growth and encumber our job The SPEAKER pro tempore. Under a Rules of the Committee on Agriculture, which creators. Our economy needs to allow previous order of the House, the gen- were adopted at the organizational meeting of entrepreneurs to spend more time tleman from Michigan (Mr. CAMP) is the Committee on this date, February 16, doing business and less time with their recognized for 5 minutes. 2005. lawyers and accountants. Mr. CAMP. Mr. Speaker, I rise today Appendix A of the Committee Rules will in- I believe that Americans benefit from to pay tribute to the distinguished clude excerpts from the Rules of the House open markets and free and fair trade, service of Ambassador Michael Kergin, relevent to the operation of the Committee. and I am working to open up markets a man who has done much to advance Appendix B will include relevant excerpts from around the world and make sure that the combined interests of Canada and the Congressional Budget Act of 1974. In the the playing field is level for our work- the United States of America. interests of minimizing printing costs, Appen- ers, farmers, manufacturers, and other Mr. Kergin has spent the better part dices A and B are omitted from this job creators. In the past four years, we of the last 4 decades in public service. submisson. concluded free-trade agreements with His experience has served him not only RULES OF THE COMMITTEE ON AGRICULTURE, Singapore, Chile, Australia, Morocco, well at home but also here. He has 109TH CONGRESS Bahrain, Jordan, and six countries in served the American people very well. RULE I.—GENERAL PROVISIONS Central America and the Caribbean. When our Nation was attacked by (a) Applicability of House Rules.—(1) The My Administration will continue to terrorists on September 11, 2001, I knew Rules of the House of Representatives shall

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.043 H17PT1 H760 CONGRESSIONAL RECORD — HOUSE February 17, 2005 govern the procedure of the committee and study conducted jointly by more than one for the transaction of business, including the its subcommittees, and the Rules of the committee may be filed jointly, provided markup of legislation, or a hearing is open to Committee on Agriculture so far as applica- that each of the committees complies inde- the public, that meeting or hearing shall be ble shall be interpreted in accordance with pendently with all requirements for approval open to coverage by television, radio, and the Rules of the House of Representatives, and filing of the report. still photography in accordance with clause 4 except that a motion to recess from day to RULE II.—COMMITTEE BUSINESS MEETINGS— of House rule XI. (See appendix A.) When day, and a motion to dispense with the first REGULAR, ADDITIONAL AND SPECIAL such radio coverage is conducted in the com- reading (in full) of a bill or resolution, if (a) Regular Meetings.—(1) Regular meetings mittee or subcommittee, written notice to printed copies are available, are non-debat- of the committee, in accordance with clause that effect shall be placed on the desk of able privileged motions in the committee 2(b) of House rule XI, shall be held on the each member. The chairman of the com- and its subcommittees. (See appendix A for first Wednesday of every month to transact mittee or subcommittee, shall not limit the the applicable Rules of the House of Rep- its business unless such day is a holiday, or number of television or still cameras per- resentatives.) Congress is in recess or is adjourned, in mitted in a hearing or meeting room to (2) As provided in clause 1(a)(2) of House which case the chairman shall determine the fewer than two representatives from each rule XI, each subcommittee is part of the regular meeting day of the committee, if medium (except for legitimate space or safe- committee and is subject to the authority any, for that month. The chairman shall pro- ty considerations, in which case pool cov- and direction of the committee and its rules vide each member of the committee, as far in erage shall be authorized). so far as applicable. (See also committee advance of the day of the regular meeting as (c) Closed Meetings—Attendees.—No person rules III, IV, V, VI, VII and X, infra.) practicable, a written agenda of such meet- other than members of the committee or (b) Authority to Conduct Investigations.—The ing. Items may be placed on the agenda by subcommittee and such congressional staff committee and its subcommittees, after con- the chairman or a majority of the com- and departmental representatives as the sultation with the chairman of the com- mittee. If the chairman believes that there committee or subcommittee may authorize mittee, may conduct such investigations and will not be any bill, resolution or other mat- shall be present at any business or markup studies as they may consider necessary or ter considered before the full committee and session that has been closed to the public as appropriate in the exercise of their respon- there is no other business to be transacted at provided in clause 2(g)(1) of House rule XI. sibilities under rule X of the Rules of the a regular meeting, the meeting may be can- (d) Addressing the Committee.—A committee House of Representatives and in accordance celed or it may be deferred until such time member may address the committee or a with clause 2(m) of House rule XI. as, in the judgment of the chairman, there subcommittee on any bill, motion, or other (c) Authority to Print.—The committee is may be matters which require the commit- matter under consideration. (See committee authorized by the Rules of the House of Rep- tee’s consideration. This paragraph shall not rule VII (e) relating to questioning a witness resentatives to have printed and bound testi- apply to meetings of any subcommittee. (See at a hearing.) The time a Member may ad- mony and other data presented at hearings paragraph (f) of committee rule X for provi- dress the committee or subcommittee for held by the committee and its subcommit- sions that apply to meetings of subcommit- any such purpose shall be limited to 5 min- tees. All costs of stenographic services and tees.) utes, except that this time limit may be transcripts in connection with any meeting (b) Additional Meetings.—The chairman waived by unanimous consent. A Member or hearing of the committee and its sub- may call and convene, as he or she considers shall also be limited in his or her remarks to committees shall be paid from applicable ac- necessary, after consultation with the rank- the subject matter under consideration, un- counts of the House described in clause (i)(1) ing minority member of the committee, ad- less the Member receives unanimous consent of House rule X in accordance with clause ditional meetings of the committee for the to extend his or her remarks beyond such subject. 1(c) of House rule XI. (See also paragraphs consideration of any bill or resolution pend- (e) Meetings to Begin Promptly.—Subject to (d), (e) and (f) of committee rule VIII.) ing before the committee or for the conduct the presence of a quorum, each meeting or (d) Vice Chairman.—The member of the ma- of other committee business. The committee hearing of the committee and its sub- jority party on the committee or sub- shall meet for such additional meetings pur- committees shall begin promptly at the time committee designated by the chairman of suant to a notice from the chairman. so stipulated in the public announcement of the full committee shall be the vice chair- (c) Special Meetings.—If at least three mem- bers of the committee desire that a special the meeting or hearing. man of the committee or subcommittee in (f) Prohibition on Proxy Voting.—No vote by accordance with clause 2(d) of House rule XI. meeting of the committee be called by the chairman, those members may file in the of- any member of the committee or sub- (e) Presiding Member.—If the chairman of committee with respect to any measure or the committee or subcommittee is not fices of the committee their written request to the chairman for such special meeting. matter may be cast by proxy. present at any committee or subcommittee (g) Location of Persons at Meetings.—No per- Such request shall specify the measure or meeting or hearing, the vice chairman shall son other than the committee or sub- matters to be considered. Immediately upon preside. If the chairman and vice chairman committee members and committee or sub- the filing of the request, the majority staff of the committee or subcommittee are not committee staff may be seated in the ros- director (serving as the clerk of the com- present at a committee or subcommittee trum area during a meeting of the com- mittee for such purpose) shall notify the meeting or hearing the ranking member of mittee or subcommittee unless by unani- chairman of the filing of the request. If, the majority party who is present shall pre- mous consent of committee or sub- within 3 calendar days after the filing of the side in accordance with clause 2(d), House committee. rule XI. request, the chairman does not call the re- (h) Consideration of Amendments and Mo- (f) Activities Report.—(1) The committee quested special meeting to be held within 7 tions.—A Member, upon request, shall be rec- shall submit to the House, not later than calendar days after the filing of the request, ognized by the chairman to address the com- January 2 of each odd-numbered year, a re- a majority of the members of the committee mittee or subcommittee at a meeting for a port on the activities of the committee may file in the offices of the committee their period limited to 5 minutes on behalf of an under rules X and XI of the Rules of the written notice that a special meeting of the amendment or motion offered by the Mem- House of Representatives during the Con- committee will be held, specifying the date ber or another Member, or upon any other gress ending on January 3 of such year. (See and hour thereof, and the measures or mat- matter under consideration, unless the Mem- also committee rule VIII(h)(2).) ter to be considered at that special meeting ber receives unanimous consent to extend (2) Such report shall include separate sec- in accordance with clause 2(c)(2) of House the time limit. Every amendment or motion tions summarizing the legislative and over- rule XI. The committee shall meet on that made in committee or subcommittee shall, date and hour. Immediately upon the filing sight activities of the committee during that upon the demand of any Member present, be of the notice, the majority staff director Congress. reduced to writing, and a copy thereof shall (serving as the clerk) of the committee shall (3) The oversight section of such report be made available to all Members present. notify all members of the committee that shall include a summary of the oversight Such amendment or motion shall not be such meeting will be held and inform them of plans submitted by the committee pursuant pending before the committee or sub- its date and hour and the measure or matter to clause 2(d) of House rule X, a summary of committee or voted on until the require- to be considered, and only the measure or the actions taken and recommendations ments of this paragraph have been met. made with respect to each such plan, and a matter specified in that notice may be con- (i) Demanding Record Vote.— summary of any additional oversight activi- sidered at that special meeting. (1) A record vote of the committee or sub- ties undertaken by the committee, and any RULE III.—OPEN MEETINGS AND HEARINGS; committee on a question or action shall be recommendations made or actions taken BROADCASTING ordered on a demand by one-fifth of the with respect thereto. (a) Open Meetings and Hearings.—Each Members present. (g) Publication of Rules.—The committee’s meeting for the transaction of business, in- (2) The chairman of the committee or sub- rules shall be published in the CONGRES- cluding the markup of legislation, and each committee may postpone further pro- SIONAL RECORD not later than 30 days after hearing by the committee or a subcommittee ceedings when a recorded vote is ordered on the committee is elected in each odd-num- shall be open to the public unless closed in the question of approving a measure or mat- bered year as provided in clause 2(a) of House accordance with clause 2(g) of House rule XI. ter or adopting an amendment. If the chair- rule XI. (See appendix A.) man postpones further proceedings: (h) Joint Committee Reports of Investigation (b) Broadcasting and Photography.—When- (A) the chairman may resume such post- or Study.—A report of an investigation or ever a committee or subcommittee meeting poned proceedings, after giving Members

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.051 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H761 adequate notice, at a time chosen in con- witness, during committee office hours in nesses and the production of such books, sultation with the ranking minority member the committee offices and within 2 weeks of records, correspondence, memoranda, papers and the close of hearings, may obtain a tran- and documents, as it deems necessary. The (B) notwithstanding any intervening order script copy of that public witness’s testi- chairman of the committee or sub- for the previous question, the underlying mony and make such technical, grammatical committee, or any Member designated by proposition on which proceedings were post- and typographical corrections as authorized the chairman, may administer oaths to any poned shall remain subject to further debate by the person making the remarks involved witness. or amendment to the same extent as when as will not alter the nature of testimony (b) Issuance of Subpoenas.—(1) A subpoena the question was postponed. given. There shall be prompt return of such may be authorized and issued by the com- (j) Submission of Motions or Amendments In corrected copy of the transcript to the com- mittee or subcommittee under paragraph Advance of Business Meetings.—The com- mittee. Members of the committee or sub- (a)(2) in the conduct of any investigation or mittee and subcommittee chairman may re- committee shall receive copies of transcripts series of investigations or activities, only quest and committee and subcommittee for their prompt review and correction and when authorized by a majority of the mem- members should, insofar as practicable, co- prompt return to the committee. The com- bers voting, a majority being present, as pro- operate in providing copies of proposed mittee or subcommittee may order the print- vided in clause 2(m)(3)(A) of House rule XI. amendments or motions to the chairman and ing of a hearing record without the correc- Such authorized subpoenas shall be signed by the ranking minority member of the com- tions of any Member or witness if it deter- the chairman of the committee or by any mittee or the subcommittee 24 hours before mines that such Member or witness has been member designated by the committee. As a committee or subcommittee business afforded a reasonable time in which to make soon as practicable after a subpoena is issued meeting. such corrections and further delay would se- under this rule, the chairman shall notify all (k) Points of Order.—No point of order riously impede the consideration of the leg- members of the committee of such action. against the hearing or meeting procedures of islative action that is subject of the hearing. (2) Notice of a meeting to consider a mo- the committee or subcommittee shall be en- The record of a hearing shall be closed 10 cal- tion to authorize and issue a subpoena tertained unless it is made in a timely fash- endar days after the last oral testimony, un- should be given to all members of the com- ion. less the committee or subcommittee deter- mittee by 5 p.m. of the day preceding such (l) Limitation on Committee Sittings.—The mines otherwise. Any person requesting to meeting. committee or subcommittees may not sit file a statement for the record of a hearing (3) Compliance with any subpoena issued during a joint session of the House and Sen- must so request before the hearing concludes by the committee or subcommittee under ate or during a recess when a joint meeting and must file the statement before the paragraph (a)(2) may be enforced only as au- of the House and Senate is in progress. record is closed unless the committee or sub- thorized or directed by the House. (m) Prohibition of Wireless Telephones.—Use committee determines otherwise. The com- (4) A subpoena duces tecum may specify of wireless telephones during a committee or mittee or subcommittee may reject any terms of return other than at meeting or subcommittee hearing or meeting is prohib- statement in light of its length or its tend- hearing of the committee or subcommittee ited. ency to defame, degrade, or incriminate any authorizing the subpoena. RULE IV.—QUORUMS person. (c) Expenses of Subpoenaed Witnesses.—Each (a) Working Quorum.—One-third of the (c) Property of the House.—All committee witness who has been subpoenaed, upon the members of the committee or a sub- and subcommittee hearings, records, data, completion of his or her testimony before committee shall constitute a quorum for charts, and files shall be kept separate and the committee or any subcommittee, may taking any action, other than as noted in distinct from the congressional office report to the offices of the committee, and paragraphs (b) and (c). records of the Members serving as chairman there sign appropriate vouchers for travel al- (b) Majority Quorum.—A majority of the and such records shall be the property of the lowances and attendance fees to which he or members of the committee or subcommittee House and all Members of the House shall she is entitled. If hearings are held in cities shall constitute a quorum for: have access thereto. The majority staff di- other than Washington, DC, the subpoenaed (1) the reporting of a bill, resolution or rector shall promptly notify the chairman witness may contact the majority staff di- other measure. (See clause 2(h)(1) of House and the ranking minority member of any re- rector of the committee, or his or her rep- rule XI, and committee rule VIII); quest for access to such records. resentative, before leaving the hearing room. (2) the closing of a meeting or hearing to (d) Availability of Archived Records.—The RULE VII.—HEARING PROCEDURES. the public pursuant to clauses 2(g) and records of the committee at the National Ar- (a) Power to Hear.—For the purpose of car- 2(k)(5) of rule XI of the Rules of the House of chives and Records Administration shall be rying out any of its functions and duties Representatives; and made available for public use in accordance under House rule X and XI, the committee (3) the authorizing of a subpoena as pro- with House rule VII. The chairman shall no- and its subcommittees are authorized to sit vided in clause 2(m)(3), of House rule XI. (See tify the ranking minority member of the and hold hearings at any time or place with- also committee rule VI.) committee of the need for a committee order in the United States whether the House is in (c) Quorum for Taking Testimony.—Two pursuant to clause 3(b)(3) or clause 4(b) of session, has recessed, or has adjourned. (See members of the committee or subcommittee such House rule, to withhold a record other- paragraph (a) of committee rule VI and para- shall constitute a quorum for the purpose of wise available. graph (f) of committee rule X for provisions taking testimony and receiving evidence. (e) Special Rules for Certain Records and Pro- relating to subcommittee hearings and meet- RULE V.—RECORDS ceedings.—A stenographic record of a busi- ings.) (a) Maintenance of Records.—The com- ness meeting of the committee or sub- (b) Announcement.—The chairman of the mittee shall keep a complete record of all committee shall be kept and thereafter may committee shall after consultation with the committee and subcommittee action which be published if the chairman of the com- ranking minority member of the committee, shall include: mittee, after consultation with the ranking make a public announcement of the date, (1) in the case of any meeting or hearing minority member, determines there is need place and subject matter of any committee transcripts, a substantially verbatim ac- for such a record. The proceedings of the hearing at least 1 week before the com- count of remarks actually made during the committee or subcommittee in a closed mencement of the hearing. The chairman of proceedings, subject only to technical, gram- meeting, evidence or testimony in such a subcommittee shall schedule a hearing matical and typographical corrections au- meeting, shall not be divulged unless other- only after consultation with the chairman of thorized by the person making the remarks wise determined by a majority of the com- the committee and after consultation with involved, and mittee or subcommittee. the ranking minority member of the sub- (2) written minutes shall include a record (f) Electronic Availability of Committee Publi- committee, and the chairmen of the other of all committee and subcommittee action cations.—To the maximum extent feasible, subcommittees after such consultation with and a record of all votes on any question and the committee shall make its publications the committee chairman, and shall request a tally on all record votes. available in electronic form. the majority staff director to make a public The result of each such record vote shall be RULE VI.—POWER TO SIT AND ACT; SUBPOENA announcement of the date, place, and subject made available by the committee for inspec- POWER. matter of such hearing at least one week be- tion by the public at reasonable times in the (a) Authority to Sit and Act.—For the pur- fore the hearing. If the chairman of the com- offices of the committee and by telephone re- pose of carrying out any of its function and mittee or the subcommittee, with concur- quest. Information so available for public in- duties under House rules X and XI, the com- rence of the ranking minority member of the spection shall include a description of the mittee and each of its subcommittees is au- committee or subcommittee, determines amendment, motion, order or other propo- thorized (subject to paragraph (b)(1) of this there is good cause to begin the hearing sition and the name of each member voting rule)— sooner, or if the committee or subcommittee for and each member voting against such (1) to sit and act at such times and places so determines by majority vote, a quorum amendment, motion, order, or proposition, within the United States whether the House being present for the transaction of business, and the names of those members present but is in session, has recessed, or has adjourned the chairman of the committee or sub- not voting. and to hold such hearings, and committee, as appropriate, shall request the (b) Access to and Correction of Records.—Any (2) to require, by subpoena or otherwise, majority staff director to make such public public witness, or person authorized by such the attendance and testimony of such wit- announcement at the earliest possible date.

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.052 H17PT1 H762 CONGRESSIONAL RECORD — HOUSE February 17, 2005 The clerk of the committee shall promptly pletion of such hearing, to call witnesses se- mony given at a public session or, if given at notify the Daily Digest clerk of the CON- lected by the minority to testify with re- an executive session, when authorized by the GRESSIONAL RECORD, and shall promptly spect to that measure or matter during at committee or subcommittee. (See paragraph enter the appropriate information into the least 1 day of hearing thereon as provided in (c) of committee rule V.) committee scheduling service of the House clause 2(j)(1) of House rule XI. (2) A proposed investigative or oversight Information Systems as soon as possible (h) Summary of Subject Matter.—Upon an- report shall be considered as read if it has after such public announcement is made. nouncement of a hearing, to the extent prac- been available to the members of the com- (c) Scheduling of Witnesses.—Except as oth- ticable, the committee shall make available mittee for at least 24 hours (excluding Satur- erwise provided in this rule, the scheduling immediately to all members of the com- days, Sundays, or legal holidays except when of witnesses and determination of the time mittee a concise summary of the subject the House is in session on such day) in ad- allowed for the presentation of testimony at matter (including legislative reports and vance of their consideration. other material) under consideration. In addi- hearings shall be at the discretion of the RULE VIII.—THE REPORTING OF BILLS AND tion, upon announcement of a hearing and chairman of the committee or sub- RESOLUTIONS committee, unless a majority of the com- subsequently as they are received, the chair- mittee or subcommittee determines other- man of the committee or subcommittee (a) Filing of Reports.—The chairman shall wise. shall, to the extent practicable, make avail- report or cause to be reported promptly to (d) Written Statement; Oral Testimony.—(1) able to the members of the committee any the House any bill, resolution, or other Each witness who is to appear before the official reports from departments and agen- measure approved by the committee and committee or a subcommittee, shall insofar cies on such matter. (See committee rule shall take or cause to be taken all necessary as practicable file with the majority staff di- X(f).) steps to bring such bill, resolution, or other rector of the committee, at least 2 working (i) Open Hearings.—Each hearing conducted measure to a vote. No bill, resolution, or days before day of his or her appearance, a by the committee or subcommittee shall be measure shall be reported from the com- written statement of proposed testimony. open to the public, including radio, tele- mittee unless a majority of committee is ac- Witnesses shall provide sufficient copies of vision and still photography coverage, except tually present. A committee report on any their statement for distribution to com- as provided in clause 4 of House rule XI (see bill, resolution, or other measure approved mittee or subcommittee members, staff, and also committee rule III (b).). In any event, no by the committee shall be filed within 7 cal- the news media. Insofar as practicable, the Member of the House may be excluded from endar days (not counting days on which the committee or subcommittee staff shall dis- nonparticipatory attendance at any hearing House is not in session) after the day on tribute such written statements to all mem- unless the House by majority vote shall au- which there has been filed with the majority bers of the committee or subcommittee as thorize the committee or subcommittee, for staff director of the committee a written re- soon as they are received as well as any offi- purposes of a particular series of hearings on quest, signed by a majority of the com- cial reports from departments and agencies a particular bill or resolution or on a par- mittee, for the reporting of that bill or reso- on such subject matter. All witnesses may be ticular subject of investigation, to close its lution. The majority staff director of the limited in their oral presentations to brief hearings to Members by means of the above committee shall notify the chairman imme- summaries of their statements within the procedure. diately when such a request is filed. time allotted to them, at the discretion of (j) Hearings and Reports.—(1)(i) The chair- (b) Content of Reports.—Each committee re- the chairman of the committee or sub- man of the committee or subcommittee at a port on any bill or resolution approved by committee, in light of the nature of the tes- hearing shall announce in an opening state- the committee shall include as separately timony and the length of time available. ment the subject of the investigation. A copy identified sections: (2) As noted in paragraph (a) of committee of the committee rules (and the applicable (1) a statement of the intent or purpose of rule VI, the chairman of the committee or provisions of clause 2 of House rule XI, re- the bill or resolution; one of its subcommittees, or any Member garding hearing procedures, an excerpt of (2) a statement describing the need for designated by the chairman, may administer which appears in appendix A thereto) shall such bill or resolution; an oath to any witness. be made available to each witness upon re- (3) a statement of committee and sub- (3) To the greatest extent practicable, each quest. Witnesses at hearings may be accom- committee consideration of the measure in- witness appearing in a non-governmental ca- panied by their own counsel for the purpose cluding a summary of amendments and mo- pacity shall include with the written state- of advising them concerning their constitu- tions offered and the actions taken thereon; ment of proposed testimony a curriculum tional rights. The chairman of the com- (4) the results of each record vote on any vitae and disclosure of the amount and mittee or subcommittee may punish amendment in the committee and sub- source (by agency and program) of any Fed- breaches of order and decorum, and of profes- committee and on the motion to report the eral grant (or subgrant thereof) or contract sional ethics on the part of counsel, by cen- measure or matter, including the names of (or subcontract thereof) received during the sure and exclusion from the hearings; but those Members and the total voting for and current fiscal year or either of the two pre- only the full committee may cite the of- the names of those Members and the total ceding fiscal years. fender to the House for contempt. voting against such amendment or motion (e) Questioning of Witnesses.—Committee or (ii) Whenever it is asserted by a member of (See clause 3(b) of House rule XIII); subcommittee members may question wit- the committee that the evidence or testi- (5) the oversight findings and recommenda- nesses only when they have been recognized mony at a hearing may tend to defame, de- tions of the committee with respect to the by the chairman of the committee or sub- grade, or incriminate any person, or it is as- subject matter of the bill or resolution as re- committee for that purpose. Each Member so serted by a witness that the evidence or tes- quired pursuant to clause 3(c)(1) of House recognized shall be limited to questioning a timony that the witness would give at a rule XIII and clause 2(b)(1) of House rule X; witness for five minutes until such time as hearing may tend to defame, degrade, or in- (6) the detailed statement described in sec- each Member of the committee or sub- criminate the witness, such testimony or tion 308(a) of the Congressional Budget Act committee who so desires has had an oppor- evidence shall be presented in executive ses- of 1974 if the bill or resolution provides new tunity to question the witness for 5 minutes; sion, notwithstanding the provisions of para- budget authority (other than continuing ap- and thereafter the chairman of the com- graph (j) of this rule, if by a majority of propriations), new spending authority de- mittee or subcommittee may limit the time those present, there being in attendance the scribed in section 401(c)(2) of such Act, new of a further round of questioning after giving requisite number required under the rules of credit authority, or an increase or decrease due consideration to the importance of the the committee to be present for the purpose in revenues or tax expenditures, except that subject matter and the length of time avail- of taking testimony, the committee or sub- the estimates with respect to new budget au- able. All questions put to witnesses shall be committee determines that such evidence or thority shall include, when practicable, a germane to the measure or matter under testimony may tend to defame, degrade, or comparison of the total estimated funding consideration. Unless a majority of the com- incriminate any person. The committee or level for the relevant program (or programs) mittee or subcommittee determines other- subcommittee shall afford a person an oppor- to the appropriate levels under current law; wise, no committee or subcommittee staff tunity voluntarily to appear as a witness; (7) the estimate of costs and comparison of shall interrogate witnesses. and the committee or subcommittee shall re- such estimates, if any, prepared by the Di- (f) Extended Questioning for Designated Mem- ceive and shall dispose of requests from such rector of the Congressional Budget Office in bers.—Notwithstanding paragraph (e), the person to subpoena additional witnesses. connection with such bill or resolution pur- chairman and ranking minority member (iii) No evidence or testimony taken in ex- suant to section 402 of the Congressional may designate an equal number of members ecutive session may be released or used in Budget Act of 1974 if submitted in timely from each party to question a witness for a public sessions without the consent of the fashion to the committee; period not longer than 60 minutes. committee or subcommittee. In the discre- (8) a statement of general performance (g) Witnesses for the Minority.—When any tion of the committee or subcommittee, wit- goals and objectives, including outcome-re- hearing is conducted by the committee or nesses may submit brief and pertinent state- lated goals and objectives, for which the any subcommittee upon any measure or mat- ments in writing for inclusion in the record. measure authorizes funding; ter, the minority party members on the com- The committee or subcommittee is the sole (9) a statement citing the specific powers mittee or subcommittee shall be entitled, judge of the pertinency of testimony and evi- granted to the Congress in the Constitution upon request to the chairman by a majority dence adduced at its hearings. A witness may to enact the law proposed by the bill or joint of those minority members before the com- obtain a transcript copy of his or her testi- resolution;

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.054 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H763 (10) an estimate by the committee of the every reasonable effort to have the record of the report filed pursuant to clause 1(d) of costs that would be incurred in carrying out such hearings printed and available for dis- House rule XI a summary of the oversight such bill or joint resolution in the fiscal year tribution to the Members of the House prior plans submitted by the committee under in which it is reported and for its authorized to the consideration of such bill or resolu- clause 2(d) of House rule X, a summary of ac- duration or for each of the 5 fiscal years fol- tion by the House. Each printed hearing of tions taken and recommendations made with lowing the fiscal year of reporting, which- the committee or any of its subcommittees respect to each such plan, and a summary of ever period is less (see Rule XIII, clause shall include a record of the attendance of any additional oversight activities under- 3(d)(2), (3) and (h)(2), (3)), together with—(i) a the Members. taken by the committee and any rec- comparison of these estimates with those (g) Committee Prints.—All committee or ommendations made or actions taken there- made and submitted to the committee by subcommittee prints or other committee or on. any Government agency when practicable, subcommittee documents, other than reports (b) Annual Appropriations.—The committee and (ii) a comparison of the total estimated or prints of bills, that are prepared for public shall, in its consideration of all bills and funding level for the relevant program (or distribution shall be approved by the chair- joint resolutions of a public character within programs) with appropriate levels under cur- man of the committee or the committee its jurisdiction, ensure that appropriations rent law (The provisions of this clause do not prior to public distribution. for continuing programs and activities of the apply if a cost estimate and comparison pre- (h) Post Adjournment Filing of Committee Re- Federal Government and the District of Co- pared by the Director of the Congressional ports.—(1) After an adjournment of the last lumbia government will be made annually to Budget Office under section 403 of the Con- regular session of a Congress sine die, an in- the maximum extent feasible and consistent gressional Budget Act of 1974 has been time- vestigative or oversight report approved by with the nature, requirements, and objec- ly submitted prior to the filing of the report the committee may be filed with the Clerk tives of the programs and activities involved. and included in the report); at any time, provided that if a member gives The committee shall review, from time to (11) the changes in existing law (if any) notice at the time of approval of intention to time, each continuing program within its ju- shown in accordance with clause 3 of House file supplemental, minority, or additional risdiction for which appropriations are not rule XIII; views, that member shall be entitled to not made annually in order to ascertain whether (12) the determination required pursuant less than 7 calendar days in which to submit such program could be modified so that ap- to section 5(b) of Public Law 92–463, if the such views for inclusion with the report. propriations therefore would be made annu- legislation reported establishes or authorizes (2) After an adjournment of the last reg- ally. (c) Budget Act Compliance: Views and Esti- the establishment of an advisory committee; ular session of a Congress sine die, the chair- mates (See appendix B).—Not later than 6 and man of the committee may file at any time weeks after the President submits his budget (13) the information on Federal and inter- with the Clerk the committee’s activity re- under section 1105(a) of title 31, United governmental mandates required by section port for that Congress pursuant to clause States Code, or at such time as the Com- 423(c) and (d) of the Congressional Budget 1(d)(1) of rule XI of the Rules of the House of mittee on Budget may request, the com- Act of 1974, as added by the Unfunded Man- Representatives without the approval of the mittee shall submit to the Committee on the dates Reform Act of 1995 (P.L. 104–4). committee, provided that a copy of the re- Budget (1) its views and estimates with re- (14) a statement regarding the applica- port has been available to each member of spect to all matters to be set forth in the bility of section 102(b)(3) of the Congres- the committee for at least 7 calendar days concurrent resolution on the budget for the sional Accountability Act, Public Law 104–1. and the report includes any supplemental, ensuing fiscal year (under section 301 of the (c) Supplemental, Minority, or Additional minority, or additional views submitted by a Congressional Budget Act of 1974—see appen- Views.—If, at the time of approval of any member of the committee. dix B) that are within its jurisdiction or measure or matter by the committee, any (i) The chairman is directed to offer a mo- functions; and (2) an estimate of the total Member of the committee gives notice of in- tion under clause 1 of rule XXII of the Rules amounts of new budget authority, and budg- tention to file supplemental, minority, or ad- of the House of Representatives whenever et outlays resulting therefrom, to be pro- ditional views, that Member shall be entitled the chairman considers it appropriate. to not less than 2 subsequent calendar days vided or authorized in all bills and resolu- RULE IX.—OTHER COMMITTEE ACTIVITIES (excluding Saturdays, Sundays, and legal tions within its jurisdiction that it intends holidays except when the House is in session (a) Oversight Plan.—Not later than Feb- to be effective during that fiscal year. on such date) in which to file such views, in ruary 15 of the first session of a Congress, (d) Budget Act Compliance: Recommended writing and signed by that Member, with the the chairman shall convene the committee Changes.—Whenever the committee is di- majority staff director of the committee. in a meeting that is open to the public and rected in a concurrent resolution on the When time guaranteed by this paragraph has with a quorum present to adopt its oversight budget to determine and recommend changes expired (or if sooner, when all separate views plans for that Congress. Such plans shall be in laws, bills, or resolutions under the rec- have been received), the committee may ar- submitted simultaneously to the Committee onciliation process, it shall promptly make range to file its report with the Clerk of the on Government Reform and to the Com- such determination and recommendations, House not later than 1 hour after the expira- mittee on House Administration. In devel- and report a reconciliation bill or resolution tion of such time. All such views (in accord- oping such plans the committee shall, to the (or both) to the House or submit such rec- ance with House rule XI, clause 2(1) and maximum extent feasible— ommendations to the Committee on the House rule XIII, clause 3(a)(1)), as filed by (1) consult with other committees of the Budget, in accordance with the Congres- one or more members of the committee, House that have jurisdiction over the same sional Budget Act of 1974 (See appendix B). shall be included within and made a part of or related laws, programs, or agencies within (e) Conference Committees.—Whenever in the the report filed by the committee with re- its jurisdiction, with the objective of ensur- legislative process it becomes necessary to spect to that bill or resolution. ing that such laws, programs, or agencies are appoint conferees, the chairman shall, after (d) Printing of Reports.—The report of the reviewed in the same Congress and that consultation with the ranking minority committee on the measure or matter noted there is a maximum of coordination between member, determine the number of conferees in paragraph (a) above shall be printed in a such committees in the conduct of such re- the chairman deems most suitable and then single volume, which shall: views; and such plans shall include an expla- recommend to the Speaker as conferees, in (1) include all supplemental, minority or nation of what steps have been and will be keeping with the number to be appointed by additional views that have been submitted taken to ensure such coordination and co- the Speaker as provided in clause House rule by the time of the filing of the report; and operation; I, clause 11, the names of those members of (2) bear on its cover a recital that any such (2) review specific problems with Federal the committee of not less than a majority supplemental, minority, or additional views rules, regulations, statutes, and court deci- who generally supported the House position (and any material submitted under House sions that are ambiguous, arbitrary, or non- and who were primarily responsible for the rule XII, clause 3(a)(1)) are included as part sensical, or that impose sever financial bur- legislation. The chairman shall, to the full- of the report. dens on individuals; and est extent feasible, include those members of (e) Immediate Printing; Supplemental Re- (3) give priority consideration to including the committee who were the principal pro- ports.—Nothing in this rule shall preclude— in its plans the review of those laws, pro- ponents of the major provisions of the bill as (1) the immediate filing or printing of a grams, or agencies operating under perma- it passed the House and such other com- committee report unless timely request for nent budget authority or permanent statu- mittee members of the majority party as the the opportunity to file supplemental, minor- tory authority; and chairman may designate in consultation ity, or additional views has been made as (4) have a view toward ensuring that all with the members of the majority party. provided by paragraph (c), or (2) the filing by significant laws, programs, or agencies with- Such recommendations shall provide a ratio the committee of any supplemental report in its jurisdiction are subject to review at of majority party members to minority on any bill or resolution that may be re- least once every 10 years. party members no less favorable to the ma- quired for the correction of any technical The committee and its appropriate sub- jority party than the ratio of majority party error in a previous report made by the Com- committees shall review and study, on a con- members to minority party members on the mittee on that bill or resolution. tinuing basis, the impact or probable impact committee. In making recommendations of (f) Availability of Printed Hearing Records.— of tax policies affecting subjects within its minority party members as conferees, the If hearings have been held on any reported jurisdiction as provided in clause 2(d) of chairman shall consult with the ranking mi- bill or resolution, the committee shall make House rule X. The committee shall include in nority member of the Committee.

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RULE X. SUBCOMMITTEES The committee having referred a bill, resolu- of the committee may authorize such meet- (a) Number and Composition.—There shall be tion, or other matter to a subcommittee in ing or hearing. accordance with this rule may discharge such subcommittees as specified in para- (5) The provisions regarding notice and the such subcommittee from further consider- graph (c) of this rule. Each of such sub- agenda of committee meetings under com- ation thereof at any time by a vote of the committees shall be composed of the number mittee rule II(a) and special or additional majority members of the committee for the of members set forth in paragraph (c) of this meetings under committee rule II(b) shall committee’s direct consideration or for ref- rule, including ex officio members. The chair- apply to subcommittee meetings. man may create additional subcommittees of erence to another subcommittee. an ad hoc nature as the chairman determines (3) Unless the committee, a quorum being (6) If a vacancy occurs in a subcommittee to be appropriate subject to any limitations present, decides otherwise by a majority chairmanship, the chairman may set the provided for in the House rules. vote, the chairman may refer bills, resolu- dates for hearings and meetings of the sub- (b) Ratios.—On each subcommittee, there tions, legislation or other matters not spe- committee during the period of vacancy. The shall be a ratio of majority party members cifically within the jurisdiction of a sub- chairman may also appoint an acting sub- to minority party members which shall be committee, or that is within the jurisdiction committee chairman until the vacancy is consistent with the ratio on the full com- of more than one subcommittee, jointly or filled. mittee. In calculating the ratio of majority exclusively as the chairman deems appro- (g) Subcommittee Action.—(1) Any bill, reso- party members to minority party members, priate, including concurrently to the sub- lution, recommendation, or other matter for- there shall be included the ex officio members committees with jurisdiction, sequentially warded to the committee by a subcommittee of the subcommittees and ratios below re- to the subcommittees with jurisdiction (sub- shall be promptly forwarded by the sub- flect that fact. ject to any time limits deemed appropriate), committee chairman or any subcommittee (c) Jurisdiction.—Each subcommittee shall divided by subject matter among the sub- member authorized to do so by the sub- have the following general jurisdiction and committees with jurisdiction, or to an ad hoc number of members: subcommittee appointed by the chairman for committee. Department Operations, Oversight, Dairy, the purpose of considering the matter and re- (2) Upon receipt of such recommendation, Nutrition, and Forestry (15 members, 8 ma- porting to the committee thereon, or make the majority staff director of the committee jority and 7 minority).—Agency oversight, such other provisions deemed appropriate. shall promptly advise all members of the review and analysis, special investigations, (e) Participation and Service of Committee committee of the subcommittee action. food stamps, nutrition and consumer pro- Members on Subcommittees.—(1) The chairman grams, forestry in general, forest reserves and the ranking minority member shall (3) The committee shall not consider any other than those created from the public do- serve as ex officio members of all subcommit- matters recommended by subcommittees main, energy and biobased energy produc- tees and shall have the right to vote on all until 2 calendar days have elapsed from the tion; and dairy. matters before the subcommittees. The date of action, unless the chairman or a ma- Livestock and Horticulture (24 members, 13 chairman and the ranking minority member jority of the committee determines other- majority, 11 minority).—Livestock, poultry, may not be counted for the purpose of estab- wise. meat, seafood and seafood products, inspec- lishing a quorum. (h) Subcommittee Investigations.—No inves- tion, marketing and promotion of such com- (2) Any member of the committee who is tigation shall be initiated by a sub- modities, aquaculture, animal welfare, graz- not a member of the subcommittee may have committee without the prior consultation ing, fruits and vegetables, and marketing or- the privilege of sitting and nonparticipatory with the chairman of the committee or a ma- ders. attendance at subcommittee hearings or jority of the committee. General Farm Commodities and Risk Man- meetings in accordance with clause 2(g)(2) of agement (30 members, 16 majority, 14 minor- House rule XI. Such member may not: RULE XI.—COMMITTEE BUDGET, STAFF, AND ity).—Program and markets related to cot- (i) vote on any matter; TRAVEL ton, cotton seed, wheat, feed grains, soy- (ii) be counted for the purpose of a estab- beans, oilseeds, rice, dry beans, peas, lentils, lishing a quorum; (a) Committee Budget.—The chairman, in the Commodity Credit Corporation, crop in- (iii) participate in questioning a witness consultation with the majority members of surance, and commodity exchanges. under the 5–minute rule, unless permitted to the committee, and the minority members of Specialty Crops and Foreign Agriculture do so by the subcommittee chairman in con- the committee, shall prepare a preliminary Programs (17 members, 9 majority and 8 mi- sultation with the ranking minority member budget for each session of the Congress. Such nority).—Peanuts, sugar, tobacco, honey and or a majority of the subcommittee, a quorum budget shall include necessary amounts for bees, marketing orders related to such com- being present; staff personnel, travel, investigation, and modities, foreign agricultural assistance, (iv) raise points of order; or other expenses of the committee and sub- and trade promotion programs, generally. (v) offer amendments or motions. committees. After consultation with the Conservation, Credit, Rural Development, (f) Subcommittee Hearings and Meetings.—(1) ranking minority member, the chairman and Research (19 members, 10 majority and 9 Each subcommittee is authorized to meet, shall include an amount budgeted to minor- minority).—Soil, water, and resource con- hold hearings, receive evidence, and make ity members for staff under their direction servation, small watershed program, agricul- recommendations to the committee on all and supervision. Thereafter, the chairman tural credit, rural development, rural elec- matters referred to it or under its jurisdic- shall combine such proposals into a consoli- trification, farm security and family farming tion after consultation by the subcommittee dated committee budget, and shall take matters, agricultural research, education, chairmen with the committee chairman. whatever action is necessary to have such and extension services; plant pesticides, (See committee rule VII.) budget duly authorized by the House. quarantine, adulteration of seeds, and insect (2) After consultation with the committee (b) Committee Staff.—(1) The chairman shall pests; biotechnology. chairman, subcommittee chairmen shall set appoint and determine the remuneration of, (d) Referral of Legislation.— dates for hearings and meetings of their sub- and may remove, the professional and cler- (1)(a) In general.—All bills, resolutions, committees and shall request the majority ical employees of the committee not as- and other matters referred to the committee staff director to make any announcement re- signed to the minority. The professional and shall be referred to all subcommittees of ap- lating thereto. (See committee rule VII(b).) clerical staff of the committee not assigned propriate jurisdiction within 2 weeks after In setting the dates, the committee chair- to the minority shall be under the general being referred to the committee. After con- man and subcommittee chairman shall con- supervision and direction of the chairman, sultation with the ranking minority mem- sult with other subcommittee chairmen and who shall establish and assign the duties and ber, the chairman may determine that the relevant committee and subcommittee rank- responsibilities of such staff members and committee will consider certain bills, resolu- ing minority members in an effort to avoid delegate such authority as he or she deter- simultaneously scheduling committee and tions, or other matters. mines appropriate. (See House rule X, clause subcommittee meetings or hearings to the (b) Trade Matters.—Unless action is 9) otherwise taken under subparagraph (3), extent practicable. bills, resolutions, and other matters referred (3) Notice of all subcommittee meetings (2) The ranking minority member of the to the committee relating to foreign agri- shall be provided to the chairman and the committee shall appoint and determine the culture, foreign food or commodity assist- ranking minority member of the committee remuneration of, and may remove, the pro- ance, and foreign trade and marketing issues by the majority staff director. fessional and clerical staff assigned to the will be considered by the committee. (4) Subcommittees may hold meetings or minority within the budget approved for (2) The chairman, by a majority vote of the hearings outside of the House if the chair- such purposes. The professional and clerical committee, may discharge a subcommittee man of the committee and other sub- staff assigned to the minority shall be under from further consideration of any bill, reso- committee chairmen and the ranking minor- the general supervision and direction of the lution, or other matter referred to the sub- ity member of the subcommittee is con- ranking minority member of the committee committee and have such bill, resolution or sulted in advance to ensure that there is no who may delegate such authority as he or other matter considered by the committee. scheduling problem. However, the majority she determines appropriate.

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.057 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H765 (3) From the funds made available for the these categories the total foreign currencies (3) Additional regular meetings and hear- appointment of committee staff pursuant to and appropriated funds expended. All such ings of the Committee may be called by the any primary or additional expense resolu- individual reports shall be filed by the chair- Chair, in accordance with clause 2(g)(3) of tion, the chairman shall ensure that each man with the Committee on House Adminis- rule XI of the rules of the House. subcommittee is adequately funded and tration and shall be open to public inspec- (4) Special meetings shall be called and staffed to discharge its responsibilities and tion. convened by the Chair as provided in clause that the minority party is fairly treated in RULE XII.—AMENDMENT OF RULES 2(c)(2) of rule XI of the Rules of the House. the appointment of such staff (See House These rules may be amended by a majority Notice for Meetings rule X, clause 6(d)). vote of the committee. A proposed change in (b)(1) The Chair shall notify each member (c) Committee Travel.—(1) Consistent with these rules shall not be considered by the of the Committee of the agenda of each reg- the primary expense resolution and such ad- committee as provided in clause 2 of House ular meeting of the Committee at least two ditional expense resolution as may have been rule XI, unless written notice of the proposed calendar days before the time of the meet- approved, the provisions of this rule shall change has been provided to each committee ing. govern official travel of committee members Member 2 legislative days in advance of the (2) The Chair shall provide to each member and committee staff regarding domestic and date on which the matter is to be considered. of the Committee, at least two calendar days foreign travel (See House rule XI, clause 2(n) Any such change in the rules of the com- before the time of each regular meeting for and House rule X, clause 8 (reprinted in ap- mittee shall be published in the CONGRES- each measure or matter on the agenda a pendix A)). Official travel for any Member or SIONAL RECORD within 30 calendar days after copy of— any committee staff member shall be paid its approval. (A) the measure or materials relating to only upon the prior authorization of the the matter in question; and chairman. Official travel may be authorized f The SPEAKER pro tempore. Under a (B) an explanation of the measure or mat- by the chairman for any committee Member ter to be considered, which, in the case of an and any committee staff member in connec- previous order of the House, the gen- explanation of a bill, resolution, or similar tion with the attendance of hearings con- tleman from New Jersey (Mr. PALLONE) measure, shall include a summary of the ducted by the committee and its subcommit- is recognized for 5 minutes. major provisions of the legislation, an expla- tees and meetings, conferences, facility in- (Mr. PALLONE addressed the House. nation of the relationship of the measure to spections, and investigations which involve His remarks will appear hereafter in present law, and a summary of the need for activities or subject matter relevant to the the Extensions of Remarks.) the legislation. general jurisdiction of the committee. Before (3) The agenda and materials required f such authorization is given there shall be under this subsection shall be provided to submitted to the chairman in writing the PUBLICATION OF THE RULES OF each member of the Committee at least following: THE COMMITTEE ON FINANCIAL three calendar days before the time of the (i) The purpose of the official travel; meeting where the measure or matter to be (ii) The dates during which the official SERVICES, 109TH CONGRESS considered was not approved for full Com- travel is to be made and the date or dates of The SPEAKER pro tempore. Under a mittee consideration by a subcommittee of the event for which the official travel is previous order of the House, the gen- jurisdiction. being made; tleman from Ohio (Mr. OXLEY) is recog- (4) The provisions of this subsection may (iii) The location of the event for which the be waived by a two-thirds vote of the Com- official travel is to be made; and nized for 5 minutes. (iv) The names of members and committee Mr. OXLEY. Mr. Speaker, in accordance mittee, or by the Chair with the concurrence staff seeking authorization. with clause 2(a)(2) of rule XI of the Rules of of the ranking minority member. (2) In the case of official travel of members the House of Representatives, I am reporting RULE 3: MEETING AND HEARING PROCEDURES and staff of a subcommittee to hearings, that the Committee on Financial Services In General meetings, conferences, facility inspections adopted the following rules for the 109th Con- (a)(1) Meetings and hearings of the Com- and investigations involving activities or gress on February 2, 2005 in open session, a mittee shall be called to order and presided subject matter under the jurisdiction of such over by the Chair or, in the Chair’s absence, subcommittee to be paid for out of funds al- quorum being present, and submit those rules for publication in the CONGRESSIONAL RECORD: by the member designated by the Chair as located to the committee, prior authoriza- the Vice Chair of the Committee, or by the RULES OF THE COMMITTEE ON FINANCIAL tion must be obtained from the sub- ranking majority member of the Committee SERVICES committee chairman and the full committee present as Acting Chair. chairman. Such prior authorization shall be U.S. House of Representatives, 109th (2) Meetings and hearings of the committee given by the chairman only upon the rep- Congress, First Session shall be open to the public unless closed in resentation by the applicable subcommittee RULE 1: GENERAL PROVISIONS accordance with clause 2(g) of rule XI of the chairman in writing setting forth those (a) The rules of the House are the rules of Rules of the House. items enumerated in clause (1). the Committee on Financial Services (here- (3) Any meeting or hearing of the Com- (3) Within 60 days of the conclusion of any inafter in these rules referred to as the mittee that is open to the public shall be official travel authorized under this rule, ‘‘Committee’’) and its subcommittees so far open to coverage by television broadcast, there shall be submitted to the committee as applicable, except that a motion to recess radio broadcast, and still photography in ac- chairman a written report covering the in- from day to day, and a motion to dispense cordance with the provisions of clause 4 of formation gained as a result of the hearing, with the first reading (in full) of a bill or res- rule XI of the Rules of the House (which are meeting, conference, facility inspection or olution, if printed copies are available, are incorporated by reference as part of these investigation attended pursuant to such offi- privileged motions in the Committee and rules). Operation and use of any Committee cial travel. shall be considered without debate. A pro- operated broadcast system shall be fair and (4) Local currencies owned by the United posed investigative or oversight report shall nonpartisan and in accordance with clause States shall be made available to the com- be considered as read if it has been available 4(b) of rule XI and all other applicable rules mittee and its employees engaged in car- to the members of the Committee for at of the Committee and the House. rying out their official duties outside the least 24 hours (excluding Saturdays, Sun- (4) Opening statements by members at the United States, its territories or possessions. days, or legal holidays except when the beginning of any hearing or meeting of the No appropriated funds shall be expended for House is in session on such day). Committee shall be limited to 5 minutes the purpose of defraying expenses of mem- (b) Each subcommittee is a part of the each for the Chair or ranking minority mem- bers of the committee or its employees in Committee, and is subject to the authority ber, or their respective designee, and 3 min- any country where local currencies are avail- and direction of the Committee and to its utes each for all other members. able for this purpose; and the following con- rules so far as applicable. (5) No person, other than a Member of Con- ditions shall apply with respect to their use (c) The provisions of clause 2 of rule XI of gress, Committee staff, or an employee of a of such currencies; the Rules of the House are incorporated by Member when that Member has an amend- (i) No Member or employee of the com- reference as the rules of the Committee to ment under consideration, may stand in or mittee shall receive or expend local cur- the extent applicable. be seated at the rostrum area of the Com- rencies for subsistence in any country at a mittee rooms unless the Chair determines rate in excess of the maximum per diem rate RULE 2: MEETINGS otherwise. set forth in applicable Federal law; and Calling of Meetings (ii) Each Member or employee of the com- (a)(1) The Committee shall regularly meet Quorum mittee shall make an itemized report to the on the first Tuesday of each month when the (b)(1) For the purpose of taking testimony chairman within 60 days following the com- House is in session. and receiving evidence, two members of the pletion of travel showing the dates each (2) A regular meeting of the Committee Committee shall constitute a quorum. country was visited, the amount of per diem may be dispensed with if, in the judgment of (2) A majority of the members of the Com- furnished, the cost of transportation fur- the Chairman of the Committee (hereinafter mittee shall constitute a quorum for the pur- nished, and any funds expended for any other in these rules referred to as the ‘‘Chair’’), poses of reporting any measure or matter, of official purpose, and shall summarize in there is no need for the meeting. authorizing a subpoena, of closing a meeting

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.058 H17PT1 H766 CONGRESSIONAL RECORD — HOUSE February 17, 2005 or hearing pursuant to clause 2(g) of rule XI (B) each witness appearing in a non-gov- (iii) the recipient shall not have received a of the rules of the House (except as provided ernmental capacity shall include with the medal previously for the same or substan- in clause 2(g)(2)(A) and (B)) or of releasing written statement of proposed testimony a tially the same achievement; executive session material pursuant to curriculum vitae and a disclosure of the (iv) the recipient shall be living or, if de- clause 2(k)(7) of rule XI of the rules of the amount and source (by agency and program) ceased, shall have been deceased for not less House. of any Federal grant (or subgrant thereof) or than 5 years and not more than 25 years; (3) For the purpose of taking any action contract (or subcontract thereof) received (v) the achievements were performed in the other than those specified in paragraph (2) during the current fiscal year or either of recipient’s field of endeavor, and represent one-third of the members of the Committee the two preceding fiscal years. either a lifetime of continuous superior shall constitute a quorum. (3) The requirements of paragraph (2)(A) achievements or a single achievement so sig- Voting may be modified or waived by the Chair nificant that the recipient is recognized and when the Chair determines it to be in the (c)(1) No vote may be conducted on any acclaimed by others in the same field, as evi- best interest of the Committee. denced by the recipient having received the measure or matter pending before the Com- (4) The five-minute rule shall be observed mittee unless the requisite number of mem- highest honors in the field. in the interrogation of witnesses before the (2) Testimony of certain officials.— bers of the Committee is actually present for Committee until each member of the Com- such purpose. (A) Notwithstanding subsection (a)(4), mittee has had an opportunity to question when the Chair announces a hearing of the (2) A record vote of the Committee shall be the witnesses. No member shall be recog- provided on any question before the Com- Committee for the purpose of receiving— nized for a second period of 5 minutes to in- (i) testimony from the Chairman of the mittee upon the request of one-fifth of the terrogate witnesses until each member of the members present. Federal Reserve Board pursuant to section Committee present has been recognized once 2B of the Federal Reserve Act (12 U.S.C. 221 (3) No vote by any member of the Com- for that purpose. et seq.), or mittee on any measure or matter may be (5) Whenever any hearing is conducted by (ii) testimony from the Chairman of the cast by proxy. the Committee on any measure or matter, (4) In accordance with clause 2(e)(1)(B) of the minority party members of the Com- Federal Reserve Board or a member of the rule XI, a record of the vote of each member mittee shall be entitled, upon the request of President’s cabinet at the invitation of the of the Committee on each record vote on any a majority of them before the completion of Chair, the Chair may, in consultation with measure or matter before the Committee the hearing, to call witnesses with respect to the ranking minority member, limit the shall be available for public inspection at the that measure or matter during at least one number and duration of opening statements offices of the Committee, and, with respect day of hearing thereon. to be delivered at such hearing. The limita- tion shall be included in the announcement to any record vote on any motion to report Subpoenas and Oaths or on any amendment, shall be included in made pursuant to subsection (d)(1)(A), and the report of the Committee showing the (e)(1) Pursuant to clause 2(m) of rule XI of shall provide that the opening statements of total number of votes cast for and against the Rules of the House, a subpoena may be all members of the Committee shall be made authorized and issued by the Committee or a and the names of those members voting for a part of the hearing record. subcommittee in the conduct of any inves- and against. tigation or series of investigations or activi- RULE 4: PROCEDURES FOR REPORTING MEASURES (5) Postponed record votes.—(A) Subject to OR MATTERS subparagraph (B), the Chairman may post- ties, only when authorized by a majority of the members voting, a majority being (a) No measure or matter shall be reported pone further proceedings when a record vote from the Committee unless a majority of the is ordered on the question of approving any present, or pursuant to paragraph (2). (2) The Chair, with the concurrence of the Committee is actually present. measure or matter or adopting an amend- ranking minority member, may authorize (b) The Chair of the Committee shall re- ment. The Chairman may resume pro- and issue subpoenas under such clause dur- port or cause to be reported promptly to the ceedings on a postponed request at any time, ing any period for which the House has ad- House any measure approved by the Com- but no later than the next meeting day. journed for a period in excess of 3 days when, mittee and take necessary steps to bring a (B) In exercising postponement authority in the opinion of the Chair, authorization matter to a vote. under subparagraph (A), the Chairman shall and issuance of the subpoena is necessary to (c) The report of the Committee on a meas- take all reasonable steps necessary to notify obtain the material or testimony set forth in ure which has been approved by the Com- members on the resumption of proceedings the subpoena. The Chair shall report to the mittee shall be filed within seven calendar on any postponed record vote; days (exclusive of days on which the House is (C) When proceedings resume on a post- members of the Committee on the authoriza- not in session) after the day on which there poned question, notwithstanding any inter- tion and issuance of a subpoena during the has been filed with the clerk of the Com- vening order for the previous question, an recess period as soon as practicable, but in mittee a written request, signed by a major- underlying proposition shall remain subject no event later than one week after service of ity of the members of the Committee, for the to further debate or amendment to the same such subpoena. (3) Authorized subpoenas shall be signed by reporting of that measure pursuant to the extent as when the question was postponed. the Chair or by any member designated by provisions of clause 2(b)(2) of rule XIII of the Hearing Procedures the Committee, and may be served by any Rules of the House. (d)(1)(A) The Chair shall make public an- person designated by the Chair or such mem- (d) All reports printed by the Committee nouncement of the date, place, and subject ber. pursuant to a legislative study or investiga- matter of any committee hearing at least (4) The Chair, or any member of the Com- tion and not approved by a majority vote of one week before the commencement of the mittee designated by the Chair, may admin- the Committee shall contain the following hearing, unless the Chair, with the concur- ister oaths to witnesses before the Com- disclaimer on the cover of such report: ‘‘This rence of the ranking minority member, or mittee. report has not been officially adopted by the the Committee by majority vote with a Special Procedures Committee on Financial Services and may quorum present for the transaction of busi- (f)(1)(A) Commemorative medals and not necessarily reflect the views of its Mem- ness, determines there is good cause to begin coins.—It shall not be in order for the Sub- bers.’’ the hearing sooner, in which case the Chair committee on Domestic and International (e) The Chair is directed to offer a motion shall make the announcement at the earliest Monetary Policy, Trade, and Technology to under clause 1 of rule XXII of the House possible date. hold a hearing on any commemorative medal whenever the Chair considers it appropriate. (B) Not less than three days before the or commemorative coin legislation unless RULE 5: SUBCOMMITTEES commencement of a hearing announced the legislation is cosponsored by at least under this paragraph, the Chair shall provide Establishment and Responsibilities of Sub- two-thirds of the members of the House. committees to the members of the Committee a concise (B) It shall not be in order for the sub- summary of the subject of the hearing, or, in committee to approve a bill or measure au- (a)(1) There shall be 5 subcommittees of the case of a hearing on a measure or mat- thorizing commemorative coins for consider- the Committee as follows: ter, a copy of the measure or materials relat- ation by the full Committee which does not (A) Subcommittee on capital markets, in- ing to the matter in question and a concise conform with the mintage restrictions estab- surance, and government sponsored enter- explanation of the measure or matter to be lished by section 5112 of title 31, United prises.—The jurisdiction of the Sub- considered. (2) To the greatest extent prac- States Code. committee on Capital Markets, Insurance, ticable— (C) In considering legislation authorizing and Government Sponsored Enterprises in- (A) each witness who is to appear before Congressional gold medals, the sub- cludes— the Committee shall file with the Committee committee shall apply the following stand- (i) securities, exchanges, and finance; two business days in advance of the appear- ards— (ii) capital markets activities; ance sufficient copies (including a copy in (i) the recipient shall be a natural person; (iii) activities involving futures, forwards, electronic form), as determined by the Chair, (ii) the recipient shall have performed an options, and other types of derivative instru- of a written statement of proposed testi- achievement that has an impact on Amer- ments; mony and shall limit the oral presentation ican history and culture that is likely to be (iv) secondary market organizations for to the Committee to brief summary thereof; recognized as a major achievement in the re- home mortgages including the Federal Na- and cipient’s field long after the achievement; tional Mortgage Association, the Federal

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.045 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H767 Home Loan Mortgage Corporation, and the (v) consumer access to financial services, (3) In referring any measure or matter to a Federal Agricultural Mortgage Corporation; including the Home Mortgage Disclosure Act subcommittee, the Chair may specify a date (v) the Office of Federal Housing Enter- and the Community Reinvestment Act; by which the subcommittee shall report prise Oversight; (vi) the terms and rules of disclosure of fi- thereon to the Committee. (vi) the Federal Home Loan Banks; and nancial services, including the advertise- (4) The Committee by motion may dis- (vii) insurance generally. ment, promotion and pricing of financial charge a subcommittee from consideration (B) Subcommittee on domestic and inter- services, and availability of government of any measure or matter referred to a sub- national monetary policy, trade, and tech- check cashing services; committee of the Committee. nology.—The jurisdiction of the Sub- (vii) deposit insurance; and Composition of Subcommittees committee on Domestic and International (viii) consumer access to savings accounts (c)(1) Members shall be elected to each sub- Monetary Policy, Trade, and Technology in- and checking accounts in financial institu- committee and to the positions of chair and cludes— tions, including lifeline banking and other ranking minority member thereof, in accord- (i) financial aid to all sectors and elements consumer accounts. within the economy; (D) Subcommittee on housing and commu- ance with the rules of the respective party (ii) economic growth and stabilization; nity opportunity.—The jurisdiction of the caucuses. The Chair of the Committee shall (iii) defense production matters as con- Subcommittee on Housing and Community designate a member of the majority party on tained in the Defense Production Act of 1950, Opportunity includes— each subcommittee as its vice chair. as amended; (i) housing (except programs administered (2) The Chair and ranking minority mem- (iv) domestic monetary policy, and agen- by the Department of Veterans Affairs), in- ber of the Committee shall be ex officio cies which directly or indirectly affect do- cluding mortgage and loan insurance pursu- members with voting privileges of each sub- mestic monetary policy, including the effect ant to the National Housing Act; rural hous- committee of which they are not assigned as of such policy and other financial actions on ing; housing and homeless assistance pro- members and may be counted for purposes of interest rates, the allocation of credit, and grams; all activities of the Government Na- establishing a quorum in such subcommit- the structure and functioning of domestic fi- tional Mortgage Association; private mort- tees. (3) The subcommittees shall be comprised nancial institutions; gage insurance; housing construction and de- (v) coins, coinage, currency, and medals, as follows: sign and safety standards; housing-related (A) The Subcommittee on Capital Markets, including commemorative coins and medals, energy conservation; housing research and Insurance, and Government Sponsored En- proof and mint sets and other special coins, demonstration programs; financial and tech- terprises shall be comprised of 49 members, the Coinage Act of 1965, gold and silver, in- nical assistance for nonprofit housing spon- 26 elected by the majority caucus and 23 cluding the coinage thereof (but not the par sors; housing counseling and technical as- elected by the minority caucus. value of gold), gold medals, counterfeiting, sistance; regulation of the housing industry (B) The Subcommittee on Domestic and currency denominations and design, the dis- (including landlord/tenant relations); and International Monetary Policy, Trade, and tribution of coins, and the operations of the real estate lending including regulation of Technology shall be comprised of 26 mem- Bureau of the Mint and the Bureau of En- settlement procedures; bers, 14 elected by the majority caucus and graving and Printing; (ii) community development and commu- 12 elected by the minority caucus. (vi) development of new or alternative nity and neighborhood planning, training (C) The Subcommittee on Financial Insti- forms of currency; and research; national urban growth policies; tutions and Commercial Credit shall be com- (vii) multilateral development lending in- urban/rural research and technologies; and prised of 47 members, 25 elected by the ma- stitutions, including activities of the Na- regulation of interstate land sales; jority caucus and 22 elected by the minority tional Advisory Council on International (iii) government sponsored insurance pro- caucus. Monetary and Financial Policies as related grams, including those offering protection (D) The Subcommittee on Housing and thereto, and monetary and financial develop- against crime, fire, flood (and related land Community Opportunity shall be comprised ments as they relate to the activities and ob- use controls), earthquake and other natural of 26 members, 14 elected by the majority jectives of such institutions; hazards; and caucus and 12 elected by the minority cau- (viii) international trade, including but not (iv) the qualifications for and designation cus. limited to the activities of the Export-Im- of Empowerment Zones and Enterprise Com- (E) The Subcommittee on Oversight and port Bank; munities (other than matters relating to tax Investigations shall be comprised of 20 mem- (ix) the International Monetary Fund, its benefits). bers, 11 elected by the majority caucus and 9 (E) Subcommittee on oversight and inves- permanent and temporary agencies, and all elected by the minority caucus. matters related thereto; and tigations.—The jurisdiction of the Sub- (x) international investment policies, both committee on Oversight and Investigations Subcommittee Meetings and Hearings as they relate to United States investments includes— (d)(1) Each subcommittee of the Com- for trade purposes by citizens of the United (i) the oversight of all agencies, depart- mittee is authorized to meet, hold hearings, States and investments made by all foreign ments, programs, and matters within the ju- receive testimony, mark up legislation, and entities in the United States. risdiction of the Committee, including the report to the full Committee on any measure (C) Subcommittee on financial institutions development of recommendations with re- or matter referred to it, consistent with sub- and consumer credit.—The jurisdiction of gard to the necessity or desirability of enact- section (a). the Subcommittee on Financial Institutions ing, changing, or repealing any legislation (2) No subcommittee of the Committee and Consumer Credit includes— within the jurisdiction of the Committee, may meet or hold a hearing at the same time (i) all agencies, including the Office of the and for conducting investigations within as a meeting or hearing of the Committee. Comptroller of the Currency, the Federal De- such jurisdiction; and (3) The chair of each subcommittee shall posit Insurance Corporation, the Board of (ii) research and analysis regarding mat- set hearing and meeting dates only with the Governors of the Federal Reserve System ters within the jurisdiction of the Com- approval of the Chair with a view toward as- and the Federal Reserve System, the Office mittee, including the impact or probable im- suring the availability of meeting rooms and of Thrift Supervision, and the National Cred- pact of tax policies affecting matters within avoiding simultaneous scheduling of Com- it Union Administration, which directly or the jurisdiction of the Committee. mittee and subcommittee meetings or hear- indirectly exercise supervisory or regulatory (2) In addition, each such subcommittee ings. authority in connection with, or provide de- shall have specific responsibility for such Effect of a Vacancy posit insurance for, financial institutions, other measures or matters as the Chair re- (e) Any vacancy in the membership of a and the establishment of interest rate ceil- fers to it. subcommittee shall not affect the power of (3) Each subcommittee of the Committee ings on deposits; the remaining members to execute the func- shall review and study, on a continuing (ii) the chartering, branching, merger, ac- tions of the subcommittee as long as the re- basis, the application, administration, exe- quisition, consolidation, or conversion of fi- quired quorum is present. cution, and effectiveness of those laws, or nancial institutions; Records (iii) consumer credit, including the provi- parts of laws, the subject matter of which is (f) Each subcommittee of the Committee sion of consumer credit by insurance compa- within its general responsibility. shall provide the full Committee with copies nies, and further including those matters in Referral of Measures and Matters to Subcommit- of such records of votes taken in the sub- the Consumer Credit Protection Act dealing tees committee and such other records with re- with truth in lending, extortionate credit (b)(1) The Chair shall regularly refer to one spect to the subcommittee as the Chair transactions, restrictions on garnishments, or more subcommittees such measures and deems necessary for the Committee to com- fair credit reporting and the use of credit in- matters as the Chair deems appropriate ply with all rules and regulations of the formation by credit bureaus and credit pro- given its jurisdiction and responsibilities. In House. viders, equal credit opportunity, debt collec- making such a referral, the Chair may des- tion practices, and electronic funds trans- ignate a subcommittee of primary jurisdic- RULE 6: STAFF fers; tion and subcommittees of additional or se- In General (iv) creditor remedies and debtor defenses, quential jurisdiction. (a)(1) Except as provided in paragraph (2), Federal aspects of the Uniform Consumer (2) All other measures or matters shall be the professional and other staff of the Com- Credit Code, credit and debit cards, and the subject to consideration by the full Com- mittee shall be appointed, and may be re- preemption of State usury laws; mittee. moved by the Chair, and shall work under

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.047 H17PT1 H768 CONGRESSIONAL RECORD — HOUSE February 17, 2005 the general supervision and direction of the Committee, and the transcript may be print- for Hazardous Materials Transpor- Chair. ed if the Chair decides it is appropriate or if tation. (2) All professional and other staff provided a majority of the members of the Committee This program will enable experts to the minority party members of the Com- requests such printing. Any such transcripts from the multiple Federal agencies re- mittee shall be appointed, and may be re- shall be a substantially verbatim account of moved, by the ranking minority member of remarks actually made during the pro- sponsible for regulating and enforcing the Committee, and shall work under the ceedings, subject only to technical, gram- the hazardous waste materials industry general supervision and direction of such matical, and typographical corrections au- to join with the private sector and member. thorized by the person making the remarks. State and local governments to re- (3) It is intended that the skills and experi- Nothing in this paragraph shall be construed search cross-cutting issues in the ence of all members of the Committee staff to require that all such transcripts be sub- transportation of hazardous materials be available to all members of the Com- ject to correction and publication. that are not adequately addressed by mittee. (2) The Committee shall keep a record of existing mode-specific research pro- all actions of the Committee and of its sub- Subcommittee Staff grams. (b) From funds made available for the ap- committees. The record shall contain all in- formation required by clause 2(e)(1) of rule Hazardous materials move through pointment of staff, the Chair of the Com- thousands of local communities across mittee shall, pursuant to clause 6(d) of rule XI of the Rules of the House and shall be X of the Rules of the House, ensure that suf- available for public inspection at reasonable the United States every day, usually ficient staff is made available so that each times in the offices of the Committee. without the knowledge of residents or subcommittee can carry out its responsibil- (3) All Committee hearings, records, data, even of local officials. During the past ities under the rules of the Committee and charts, and files shall be kept separate and decade, the United States Department that the minority party is treated fairly in distinct from the congressional office of Transportation has recorded be- the appointment of such staff. records of the Chair, shall be the property of the House, and all Members of the House tween 14,000 and 18,000 unintentional Compensation of Staff shall have access thereto as provided in releases of hazardous materials during (c)(1) Except as provided in paragraph (2), clause 2(e)(2) of rule XI of the Rules of the transportation on an annual basis. Be- the Chair shall fix the compensation of all House. tween 1994 and 2003, these incidents re- professional and other staff of the Com- (4) The records of the Committee at the sulted in 210 fatalities and more than mittee. National Archives and Records Administra- 3,400 injuries. (2) The ranking minority member shall fix tion shall be made available for public use in the compensation of all professional and Recent incidents involving the re- accordance with rule VII of the Rules of the lease of hazardous waste being trans- other staff provided to the minority party House of Representatives. The Chair shall members of the Committee. notify the ranking minority member of any ported by trains, including a 2001 inci- RULE 7: BUDGET AND TRAVEL decision, pursuant to clause 3(b)(3) or clause dent in my district in Baltimore that Budget 4(b) of the rule, to withhold a record other- resulted in a massive fire, as well as in- (a)(1) The Chair, in consultation with other wise available, and the matter shall be pre- cidents in South Carolina, Texas and members of the Committee, shall prepare for sented to the Committee for a determination South Dakota that resulted in fatali- each Congress a budget providing amounts on written request of any member of the ties, have dramatically reminded us of for staff, necessary travel, investigation, and Committee. the danger that these shipments can other expenses of the Committee and its sub- Committee Publications on the Internet pose to our communities. committees. (b) To the maximum extent feasible, the It is, therefore, imperative that we (2) From the amount provided to the Com- Committee shall make its publications avail- take every concrete step available to mittee in the primary expense resolution able in electronic form. us to improve the safety and security adopted by the House of Representatives, the f Chair, after consultation with the ranking of hazardous materials transportation, minority member, shall designate an amount The SPEAKER pro tempore. Under a and the bill I introduce today takes a to be under the direction of the ranking mi- previous order of the House, the gen- joint step towards enabling us to im- nority member for the compensation of the tleman from Ohio (Mr. BROWN) is rec- prove all facets of hazardous materials minority staff, travel expenses of minority ognized for 5 minutes. transportation. members and staff, and minority office ex- (Mr. BROWN of Ohio addressed the b 1415 penses. All expenses of minority members House. His remarks will appear here- and staff shall be paid for out of the amount after in the Extensions of Remarks.) Currently more than a dozen Federal so set aside. agencies have regulatory, enforcement Travel f and operational responsibilities over (b)(1) The Chair may authorize travel for The SPEAKER pro tempore. Under a the estimated 1 million hazardous ma- any member and any staff member of the previous order of the House, the gen- terials shipments that are made on a Committee in connection with activities or tleman from Oregon (Mr. DEFAZIO) is daily basis in the United States. subject matters under the general jurisdic- recognized for 5 minutes. These Federal agencies share respon- tion of the Committee. Before such author- (Mr. DEFAZIO addressed the House. sibilities with literally thousands of ization is granted, there shall be submitted His remarks will appear hereafter in State and local agencies and private to the Chair in writing the following: the Extensions of Remarks.) (A) The purpose of the travel. sector actors, for anticipating and re- (B) The dates during which the travel is to f sponding to the varied risks, including occur. The SPEAKER pro tempore. Under a safety, security, human health and en- (C) The names of the States or countries to previous order of the House, the gen- vironmental risks associated with the be visited and the length of time to be spent tleman from Oregon (Mr. BLUMENAUER) transportation of hazardous materials. in each. A report just issued by the Transpor- (D) The names of members and staff of the is recognized for 5 minutes. Committee for whom the authorization is (Mr. BLUMENAUER addressed the tation Research Board has found that sought. House. His remarks will appear here- perhaps the most notable gap in Amer- (2) Members and staff of the Committee after in the Extensions of Remarks.) ica’s system of ensuring hazardous ma- shall make a written report to the Chair on f terial safety and security is in the con- any travel they have conducted under this duct of research that is cross-cutting subsection, including a description of their INTRODUCTION OF LEGISLATION and/or multimodal in application. itinerary, expenses, and activities, and of TO CREATE A COOPERATIVE RE- This is a wake-up call urging us to pertinent information gained as a result of SEARCH PROGRAM FOR HAZ- begin to address the transport of haz- such travel. ARDOUS MATERIALS TRANSPOR- ardous materials from a comprehensive (3) Members and staff of the Committee TATION performing authorized travel on official busi- multimodal perspective rather than ness shall be governed by applicable laws, The SPEAKER pro tempore. Under a from the isolated perspective of a sin- resolutions, and regulations of the House and previous order of the House, the gen- gle mode program or material type. of the Committee on House Administration. tleman from Maryland (Mr. CUMMINGS) Modeling the successful cooperative RULE 8: COMMITTEE ADMINISTRATION is recognized for 5 minutes. research programs that already exist Records Mr. CUMMINGS. Mr. Speaker, today to study transit and highway transpor- (a)(1) There shall be a transcript made of I am introducing legislation to estab- tation, my bill will create a coopera- each regular meeting and hearing of the lish a Cooperative Research Program tive research program that will bring

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.049 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H769 together representatives of 10 Federal cinating life.’’ Two years later the from North Carolina (Mr. JONES), the agencies, private sector hazardous ma- Wentzels left Germany, escaping the gentleman from Maryland (Mr. VAN terial shippers and carriers, and State turmoil that followed World War I. HOLLEN), the gentleman from Michigan and local governments to study cross- They started a new life here in Amer- (Mr. KILDEE), the gentleman from Cali- cutting topics in hazardous materials ica, in New York. fornia (Mr. SHERMAN), and the gen- transportation. As a young man, Volkmar set off in tleman from California (Mr. FARR) be Priority will be given in the selection search of adventure, but his grand vi- removed as cosponsors of H.R. 227. I am of research projects to topics that yield sion to travel to South America stalled the sponsor of H.R. 227, and their results immediately applicable to risk in Washington, D.C. By chance, he names were added in error. analysis and mitigation and/or that made new friends who steered to him The SPEAKER pro tempore. Is there will strengthen the ability of first re- to Aurora, West Virginia. A colony objection to the request of the gen- sponders to respond to incidents and called the Youghiogheny Forest had tleman from New York? accidents involving hazardous mate- been started there by a mix of artists, There was no objection. rials, among other topics. musicians, writers, doctors and others. f My bill mandates that the research It is where they spent slow periods dur- BLACK HISTORY MONTH program conduct studies that will in- ing the Great Depression. They hired form the routing of hazardous ship- Volkmar to look after their property The SPEAKER pro tempore. Under a ments and the development of regula- and studios. To our great pride, that is previous order of the House, the gentle- tions regarding mandatory routing de- where his career began, in the moun- woman from Texas (Ms. JACKSON-LEE) cisions, the formulation of appropriate tains of Preston County. is recognized for 5 minutes. packaging requirements for those haz- The first images he captured were Ms. JACKSON-LEE of Texas. Mr. ardous materials that are most fre- the breathtaking beauty of the coun- Speaker, I want to be able to join my quently involved in release incidents, tryside. Soon he focused his lens on the colleagues who are here on the floor the development of reasonable models people. He gave farm families pictures and will be presenting a Special Order of State and local risk response and of their children in exchange for vege- in tribute to black history. I know my management plans that effectively ad- tables from their gardens. colleagues will begin an hour in just a dress both safety and security consid- One day Eleanor Roosevelt stopped in few minutes, and I want to add to their Aurora for lunch. She was on a trip to erations, and the definition of the roles offering this afternoon by sharing the Arthurdale, a New Deal Homestead and responsibilities of carriers and importance of acknowledging this community that she had taken under shippers in the hazardous materials month with something a little bit dif- her wing. The First Lady bought a few events response and even event re- ferent. of the postcards Volkmar had made. sponse procedures that can be consist- I am glad that through the calendar The real profit was not the price she ently applied across all transportation year we give an opportunity to be able paid, rather, it was the encouragement modes. to recognize the richness of the diver- that Volkmar felt. sity of Americans. We are in fact a mo- Without the ability to adequately re- He was inspired to come back to search and respond to issues in haz- saic, not necessarily a melting pot, and Washington to pursue a professional we have many months to be able to ardous materials transportation that career, and what an amazing career it are multimodal in scope and national honor so many different groups. And has been. although this month has been des- in application, our ability to make in- I am sure that many of my col- ignated as Black History Month, might formed legislative, regulatory, and leagues have been dazzled by his book, I say that I look forward to the day operational decisions regarding haz- ‘‘Washington by Night.’’ It gives a dra- that we stand as Americans and we are ardous materials transportation is un- matically different view of the city’s enriched by all of our cultures and that acceptably limited. best known landmarks. Even today, we respect them throughout the year, Therefore, I urge you to join me in more than 60 years after he captured and that our classes throughout Amer- supporting the formulation of a cooper- those images, they still enhance our ative research program for hazardous sense of wonder. ica are filled with anecdotal stories materials transportation by cospon- The same is certainly true of about all of the pioneers who came to soring this important legislation. Volkmar’s long and distinguished ca- this country, some of us quite dif- f reer with the National Geographic. ferently. I believe that Black History Month HONORING VOLKMAR WENTZEL From the Himalayas to Newfoundland, his work gave us rich new perspectives, has been established primarily because, The SPEAKER pro tempore. Under a and new understanding, of the world of course, the ancestors of those of us previous order of the House, the gen- around us. And that is what makes him who are African Americans came first tleman from West Virginia (Mr. MOL- such a compelling artist. His keen eye, to this Nation in the bottom of the LOHAN) is recognized for 5 minutes. his technical skill, his respectful na- belly of a slave boat. But through that Mr. MOLLOHAN. Mr. Speaker, on ture, his gracious manner, all of these journey, that dark passage, we came to Friday evening, the German Embassy things are evident in every photograph this Nation recognizing that its very here in Washington will pay tribute to he takes. tenets represented our ideals, and that a man of extraordinary talent, a native Of course I have a special affinity for is of opportunity, of sharing, of giving, son whose artistry with a camera has his award-winning work in West Vir- of excellence. opened the eyes the world over. ginia, and I am always proud to tell So today I cite for our colleagues the Today I rise to salute this remark- people that Volkmar and his wife, importance of Black History Month, to able gentleman and his distinguished Viola, consider Aurora to be their be able to share those heroes. I may career. Volkmar Wentzel had an un- home and are active in the local histor- call a very limited list, because to call usual introduction to photography. His ical society. the whole roll would be enormous. I father was a photochemist and built a The Wentzels recently celebrated his know they are familiar names, such as darkroom at the family home in Dres- 90th birthday at their Washington resi- W. E. B. Dubois, George Washington den. He would send his boys there when dence. Tomorrow’s reception will allow Carver, or Sojourner Truth, the suf- they misbehaved. One day young his friends and admirers to mark the fragette who may have been left un- Volkmar happened to hit the switch happy occasion and to salute the work known and unexpressed, but we know that turned on the red inspection light. of this outstanding talent and true of her great emancipation work and There in the darkroom he saw the gentleman. her work on behalf of women, giving magic of photography for the very first f them the opportunity to work. time. Harriet Tubman was known as Gen- When he was 9, he and his father REMOVAL OF NAME OF MEMBERS eral Moses, who helped to bring slaves built a pinhole camera. It was another AS COSPONSORS OF H.R. 227 through a free America. George White defining experience. In his words, ‘‘My Mr. SWEENEY. Mr. Speaker, I ask was the last African American to serve camera became the passport to a fas- unanimous consent that the gentleman in the United States Congress in 1901

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.075 H17PT1 H770 CONGRESSIONAL RECORD — HOUSE February 17, 2005 when he was redrawn out of this House pendent School District, to cherish black man. Crispus Attucks was one of through redistricting. He stood on the that history and ask and plead with the first people to fall in the Boston floor of the House and he said, ‘‘Like a them not to close Jack Yates High Massacre. Crispus Attucks was a black phoenix, the Negro will rise.’’ School, Kashmir High School, and Sam man. There are a whole bevy of General Chappie James during World Houston High School because our his- achievements that are saluted. War II showed himself to be a proud tory is so important. We often bring up the Tuskegee Air- American, fighting against the forces f men and how it took black groups of evil. The Tuskeegee Airmen, which highlighting the achievements of the we honored just a few weeks ago. So BLACK HISTORY MONTH Tuskegee Airmen in World War II be- many. The SPEAKER pro tempore. Under fore they were recognized nationally by Then, of course, we bring ourselves to the Speaker’s announced policy of Jan- the entire American public. They did the civil rights movement. And who uary 4, 2005, the gentleman from New not fly in a segregated war. They were does not know the name of Rosa Parks, York (Mr. OWENS) is recognized for 60 escorts for bombers flying to Germany someone who was willing to sit down minutes as the designee of the minor- in World War II. They played a major and be counted against, again, the evil ity leader. role and should have been recognized of segregation. We know the names of Mr. OWENS. Mr. Speaker, February right away, but that was not the case. those like Martin Luther King, but do is designated as Black History Month, So the separate recognition and the we know Josea Williams and Andrew and I want to take this opportunity to efforts made by people to highlight Young? These are great icons. utilize this very practical observance, their group achievements have been And of course we know that so many or practical designation. very important. Dorey Miller, who was of them brought us to the point where The observances have very practical one lone individual, needs to be cele- we could stand on this floor, Dorothy values. Some people have said they are brated and highlighted and maybe we Height, who is with us today, her great useless and also they are insulting be- will one day get an appropriate Con- leadership, and C. Dolores Tucker, both cause our history goes on all the time. gressional Medal of Honor for Dorey women who were pioneers and willing Why do we need to single it out for just Miller. Dorey Miller happened to be a to take a chance. one month? And if they are important, black man who was in the Navy, on one Might I share, Mr. Speaker, some of why only have one month? of the ships that was attacked on the the local heroes of Houston, Texas. Well, the way Americans do things, day of the Pearl Harbor raid. Dorey Jack Yates, who founded the Bethel part of our culture and part of our way Miller was a cook. He was not allowed Baptist Church, which suffered an of life is we do highlight things, days of to handle the guns at all. He had never enormous fire just a few weeks ago. observances, holidays, special cere- been trained as a gunner and generally How grateful I am that that commu- monies, all these things are part of the was forced to stay away from any kind nity has come together and has stood way we capture people’s attention. of combat training. But on the day of together to say that history is impor- b 1430 Pearl Harbor, Dorey Miller shot down tant, not just for African Americans or two Japanese planes standing on the Houstonians, but for all of us. I am grateful for the fact that the deck of the Arizona, I think it was, F. M. Williams. His father had a whole month of February is designated with courage and skill fought back and school named for him, M. C. Williams. as Black History Month. There was a deserves to be recognized. And on and We thank him for the spiritual leader- time when there was no such designa- on it goes in terms of highlighting indi- ship and being able to be concerned tion, and there was a gentleman named viduals. about education. Carter G. Woodson who resided here in I think as we highlight individuals, Christie Adair, Moses Leroy, Zollie Washington D.C. who worked for years we also should understand that the so- Scales are all great heroes in our com- to get a Black History Week designa- cial and political and economic history munity who passed on, but Beulah tion. is much more complicated and has to Shepard, who remains in her early The purpose for his Black History be part of what we discuss as we ob- eighties, is someone who believed that Week designation was a practical one. serve Black History Month in Feb- just one single vote could make a dif- He wanted an opportunity to be able to ruary. I would like to call the atten- ference, and went throughout the com- highlight some of the achievements of tion of the Members to the fact that munity registering people to vote and African Americans over the years. So the Public Broadcasting System, which empowering them. She was a political the fact now that television stations is under attack right now for various leader. Unelected, but yet a leader in and corporations and various other reasons, from the left and the right, is our community. people have pitched in and they pay not given the kind of acclaim they de- So many stand as heroes. Esther Wil- homage to Black History Month is an serve for producing magnificent pro- liams. She was one of the early pre- achievement to be saluted. I congratu- grams. The quality of their program- cinct judges and a dear friend. She was late the people who worked to have ming is really outstanding. always in the political organizational that done. It is for us, both black and They did a series on slavery. That se- aspect of our leadership, and she did it white, to understand ways in which we ries ended last night. I saw the last to open the doors for others. can take advantage of the fact that part of it. It is a magnificent series Our first judges, like Henry Doyle; this observance exists. You cannot sep- that introduces a number of basic facts and certainly some of our attorneys, arate American history from black his- that most people have never known like attorney Plummer and attorney tory or black history from American and others have forgotten. It also high- Whitcliff; or our early doctors, like history. The history of African Ameri- lights the passion and the fervor of the John B. Coleman. So many. Dr. E. A. cans certainly is interwoven with the struggle, the struggle on both sides, Lord and many others who have pre- history of the United States of Amer- the struggle of the African slaves to ceded the Perrys, Dr. and Mrs. Perry. ica in a way which can never be sepa- get free in this country and the strug- So I list these names not because rated. gle and fervor of the people on the they asked to be listed, but because I would like to see us deal with black other side who wanted them very much this month is extremely important in history as a continuum. The fact that to never be free because they were recognizing the fulness of America and people in small groups or individuals property earning great profits. The the diversity of America and our will- made contributions should not be magnitude of those profits earned by ingness to acknowledge them by this played down. We are proud of the fact slave labor was discussed at great month. Let us always be reminded that that you have a whole series of indi- length. our brilliance, our greatness is because vidual achievements that were high- Everybody in this country needs to we can stand under one flag, differently lighted when you start celebrating. We understand the role of slave labor in but yet united. know that Thomas Edison had a black the building of the wealth of America. I go to my seat, Mr. Speaker, chal- assistant who played a great role in They need to understand it was not lenging the City of Houston and our what he did. Alexander Graham Bell. just the South but New York City was school district, the Houston Inde- The inventor of the traffic light was a one of the biggest, it was the second or

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.077 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H771 third largest port where slaves came It is going to be on the Mall, I am The whole history of how in New into the country. They need to under- told by my colleague, the great John York City, the building of that city stand that although cotton was king Lewis, John Lewis, who has partici- and the movement of the black popu- and very profitable, it was profitable pated in the making of a great deal of lation from one place to another would not only for the people who grew the African-American history. John par- be retrieved in this African-American cotton in the South but the mills in ticipated the hard way. He was a hero museum. Central Park was a major lo- New England and in the North that in the civil rights struggle. If you want cation of an African-American settle- made textiles also profited greatly to go back and watch the films, you ment. That settlement was from the slave labor that produced the can see John on the Edmund Pettis unceremoniously bulldozed and re- cotton that they made into textiles. Bridge getting beaten up. You can see moved later on. That story needs to be That piece of economic history is very John in some film of the freedom rides told. important to understand and com- where they were trying to integrate The story of the Negro burial ground prehend. the Greyhound buses, interstate buses. in lower Manhattan which recently re- People dismiss and consider it an in- You can see them beating John Lewis. ceived a memorial. A memorial was sult when certain groups of African So John Lewis was definitely a part of built there because we have a Federal Americans say that we do reparations. history. It is altogether fitting and building that was being built on that Reparations is not a silly idea. Repara- proper that John Lewis has played a ground over the Negro burial ground, tions ought to be considered because of major role as we prepare for this mu- and the excavation process brought up the fact that so much slave labor, free seum to be developed and opened on skeletons and indicated it was a cere- labor, labor taken with no compensa- the Mall here. John tells me that it is mony and there was a protest. This is tion, went into the building of this Na- going to be on the Mall. There was a 10-year project that went on. Finally, tion, that there ought to be some con- some question about whether it would the settlement was that they built a be located on the Mall or somewhere sideration in some way. I will not go memorial right there at the Federal else. There were people who said the into any great detail at this point, but building and they reinterred the bones Mall is crowded now and there is no this Capitol was built by slaves. This of those who had been dug up. I was at more room for another museum. There Capitol was built by slaves. Only re- that ceremony, recognizing the tre- cently have they discovered documents were people who felt that there were other locations in Washington where mendous cost that was sustained by which certainly make it quite clear the African-American community at that slave labor built the Capitol. They you should put the African-American museum; but I am so proud of the fact that time. have the actual records of how they Facts came to light as to terms of contracted with the masters of the that John reports, and I salute Presi- dent Bush, John reports that President the volume, the large numbers of peo- slaves and paid them, I think, $5 a ple who were worked to death. They week or something for their slaves to Bush says he wants the museum on the Mall. He will support the building of even took some of the bones to various work. You can document it if you are institutions and analyzed the bones interested in seeing it in greater detail the African-American museum on the Mall. and the trauma that had been experi- and if you doubt that that is the truth, enced by the bones and found out that but the Capitol was built by slave labor We will have collected there the whole range of activities that go into necks were broken because of the load and much of Washington and much of that they had to carry, that spines the east coast, I assure you, in the the making of the history of a people. I am certain that a lot of things that were cracked and the horror of slave early days, before the Civil War, was labor you get from that Negro burial built with slave labor as well. have been lost will now be found. The records of the early Members of Con- ground memorial in New York. We have an African-American mu- That is one of many black history ex- seum that is about to be undertaken gress after the Civil War who were hibitions and museums and libraries here in Washington with the support of black, one has to search very diligently across the country. They all make a our government. It is going to be a mu- to find out who was here, what kinds of small contribution. The wonderful seum which brings all this together. speeches they made and what the situ- thing about having an African Amer- We have achieved, finally, the Amer- ation was and the whole drama that ican Indian museum on the Mall that was played out as they removed the ican museum on the Mall is that it opened, I think, last year. That Amer- more than 30 African-Americans who says to all of America, it says to the ican Indian museum pays proper hom- came to Congress and the Senate short- whole world, that we are prepared to age to the original Americans who ly after the Civil War. That whole recognize fully the involvement, the were here when the explorers from Eu- drama is a story that needs to be told contributions and the role played by rope came. I think that is very impor- as there are many other stories that African Americans in the history of the tant. But proper homage has not been need to be told. United States of America. Across the paid to the Africans who helped to The story needs to be told of what it country we have a lot of small muse- build this Nation, who were not here meant for the early colonists to have ums that deserve to be examined. As when the Europeans came, who did not all that slave labor that was available you travel from one place to another, come voluntarily as immigrants, but through the slaves in terms of over- you can find in many places various who came here kidnapped and in coming the wilderness that was quite museums and cultural centers. unfriendly and the wilderness that had chains, but nevertheless their labor b 1445 helped to build America. in many cases defeated the gentlemen That African-American museum is who came from Great Britain who were In Richmond, Virginia there is the going to be a part of the Smithsonian not prepared to do the kind of hard Black Museum and Cultural Center. Institute. That African-American mu- work that had to be done to sustain a Out in Idaho there is the Black History seum will be partially financed by the nation in the wilderness. Museum. Right here in Washington, of Federal Government and partially fi- The story has to be told of how in the course, we have the Anacostia Mu- nanced by private funds, I think like French and Indian wars, the blacks seum; and the Museum of African the museum of the Holocaust, partially fought side by side with George Wash- American History in Boston; New York paid for with private funds and some ington and the Americans against the Institute for Special Education in the government funds. French, and the Revolutionary War Bronx, a small recent one; the Lucy The African-American museum is a where blacks divided. Some wanted Craft Laney Museum of Black History great opportunity to accomplish what I freedom, they were promised freedom in Augusta, Georgia; Charles H. Wright was talking about before in terms of by the English and they fought on the Museum of African American History the continuum, showing in a continu- side of the English; and many more in Detroit, Michigan. ation the economic, social, and polit- fought on the side of the American pa- I am not going to read them all, but ical development of black life in Amer- triots. George Washington had a major just to give some example of how there ica and what the impact of African- assistant who was black, who has got- is a body out there, maybe too few. American labor and participation was ten lost in history out there and would Rosa Parks Library & Museum in here in America. be retrieved. Montgomery, Alabama. I think the

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.078 H17PT1 H772 CONGRESSIONAL RECORD — HOUSE February 17, 2005 Rosa Parks Museum in Montgomery, tha Washington., Where: Mount Vernon Es- sic repertory including Ailey’s signature Alabama is located in the same corner tate and Gardens., Time: 9 a.m.–4 p.m. masterpiece exploring African American where she refused to go to the back of Soul Food Bake Sale spirituals., Where: The Kennedy Center., the bus. That is very symbolic. And the Feed your soul with goodies like home- Time: 7 p.m. made rice pudding, sweet potato pie, pound- Hip-Hop Panel Discussion great National Civil Rights Museum in cake, chocolate cake and more., Where: Col- A panel of experts discusses Hip-Hop Memphis is one of the most dramatic of lege of Notre Dame of Maryland., Time: 11 Kujichagalia: Hip-Hop and African American the museums. Memphis, Tennessee was a.m.–2 p.m. Self-Determination., Where: Community Col- where Martin Luther King was assas- Soul Food Cooking Class lege of Baltimore County, Essex Campus., sinated. He was assassinated at the Learn how to prepare healthful soul food Time: 12:20 p.m.–1:15 p.m. Lorraine Motel, and that is the site of at the store known for healthy food., Where: Presentation of Sistahs Speak Out: Hip Hop Sistahs Speak Out performs live hip-hop., the museum. The Lorraine Motel has Whole Foods Market., Time: 7:30 p.m. The Writing on the Wall Where: Anne Arundel Community College., been converted into a civil rights mu- Explore the recent renaissance of graffiti Time: noon–2 p.m. seum. art as a form of social critique in this art ex- Slave Life at Mount Vernon The University of Colorado Depart- hibit by Aniekan Udofia., Where: Community In observance of Black History Month, in- ment of History has a museum; the Af- College of Baltimore County, Essex Campus., terpreters stationed at the Slave Quarters in rican American Museum in Dallas, Time: 11 :30 p.m.–1 :30 a.m. Mount Vernon highlight the lives and con- tributions of the slaves who built and oper- Texas; the Howard A. Mims African FRIDAY, FEBRUARY 18 ated the plantation home of George and Mar- American Cultural Center in Cleve- Black History Month Film Series tha Washington., Where: Mount Vernon Es- land; the African American Culture This film series, ‘‘Exploring African Amer- tate and Gardens., Time: 9 a.m.–4 p.m. ican Women Through Film,’’ includes ‘‘Lift’’ Links throughout the country now on WEDNESDAY, FEBRUARY 23 the Internet. Of course in New York and ‘‘Chisholm ’72—Unbought and Unbossed.’’, Where: The Walters Art Mu- Alvin Ailey American Dance Theater City we have the great Shimberg Li- Come watch the Alvin Ailey American seum., Time: 7:30 p.m. brary, which is probably the definitive Dance Theater perform works from its clas- Slave Life at Mount Vernon collection of books and materials In observance of Black History Month, in- sic repertory including Ailey’s signature about African Americans, not just Afri- terpreters stationed at the Slave Quarters in masterpiece exploring African-American can Americans but Africans from time Mount Vernon highlight the lives and con- spirituals., Where: The Kennedy Center., and memorial. tributions of the slaves who built and oper- Time: 7:30 p.m. Slave Life at Mount Vernon So we would like to take this oppor- ated the plantation home of George and Mar- In observance of Black History Month, in- tha Washington., Where: Mount Vernon Es- tunity in February, when we have the terpreters stationed at the Slave Quarters in tate and Gardens., Time: 9 a.m.–4 p.m. observance and the attention is fo- Mount Vernon highlight the lives and con- cused, to remind people that they can SATURDAY, FEBRUARY 19 tributions of the slaves who built and oper- go find out quite a bit about black his- African-American Historv at the Walters Art ated the plantation home of George and Mar- tory in these places. The Public Broad- Museum tha Washington., Where: Mount Vernon Es- casting System’s documentary which I Celebrate Black History Month with an tate and Gardens., Time: 9 a.m.–4 p.m. referred to before, that is available. array of African-American art forms., Where: THURSDAY, FEBRUARY 24 People can get the documentary itself, The Walters Art Museum., Time: 10 a.m.–4 Alvin Ailey American Dance Theater p.m. Come watch the Alvin Ailey American and it would be, I assure my col- How Old Is A Hero leagues, worthwhile to have a copy of Dance Theater perform works from its clas- This musical production is a tribute to sic repertory including Ailey’s signature that documentary which does a very children of the Civil Rights era., Where: Carl masterpiece exploring African-American dramatic and human presentation of J. Murphy Fine Arts Center., Time: 1 p.m. spirituals., Where: The Kennedy Center., slavery in America. Saturday Film Series Time: 7:30 p.m. There are a lot of different Black His- Explore the triumphs and struggles of Afri- Slave Life at Mount Vernon tory Month events that are going on can-Americans throughout history., Where: In observance of Black History Month, in- right now. Just to give a few examples, Banneker-Douglass Museum., Time: 12:30 terpreters stationed at the Slave Quarters in p.m. Mount Vernon highlight the lives and con- the Slave Life of Mount Vernon is Slave Life at Mount Vernon being performed at the Mount Vernon tributions of the slaves who built and oper- In observance of Black History Month, in- ated the plantation home of George and Mar- Estate and Gardens in Mount Vernon terpreters stationed at the Slave Quarters in tha Washington., Where: Mount Vernon Es- here, not far away. The College of Mount Vernon highlight the lives and con- tate and Gardens., Time: 9 a.m.–4 p.m. tributions of the slaves who built and oper- Notre Dame of Maryland is doing a FRIDAY, FEBRUARY 25 Soul Bake Sale. The Writing on the ated the plantation home of George and Mar- tha Washington., Where: Mount Vernon Es- Alvin Ailey American Dance Theater Wall is an exploration of the recent Come watch the Alvin Ailey American tate and Gardens ., Time: 9 a.m.–4 p.m. renaissance of graffiti art as a form of Dance Theater perform works from its clas- social critique. It goes back to Africa, SUNDAY, FEBRUARY 20 sic repertory including Ailey’s signature at the Community College of Balti- Slave Life at Mount Vernon masterpiece exploring African-American more. There is a Black History Month In observance of Black History Month, in- spirituals., Where: The Kennedy Center., Film Series at the Walters Art Mu- terpreters stationed at the Slave Quarters in Time: 7:30 p.m. Mount Vernon highlight the lives and con- Black History at the Aquarium seum, et cetera. Many other events are tributions of the slaves who built and oper- Spend the evening at the aquarium and see taking place this month from here. Up ated the plantation home of George and Mar- a presentation of black watermen and a to February 17, today, there have been tha Washington., Where: Mount Vernon Es- mini-lecture with David T. Terry., Where: many others. tate and Gardens., Time: 9 a.m.–4 p.m. National Aquarium in Baltimore., Time: 5 Mr. Speaker, I will submit for the MONDAY, FEBRUARY 21 p.m.–9 p.m. Black History Month Film Series RECORD two items: the Black History DJ Workshop Featuring Ron Brown Month events in the metropolitan area, This film series, ‘‘Exploring African Amer- Washington hip-hop legend Ron Brown ican Women Through Film,’’ includes ‘‘Lift’’ a listing of those events; and the Black leads an instructional workshop for aspiring and ‘‘Chisholm ’72—Unbought and History and Culture libraries and mu- and experienced DJs., Where: Community Unbossed.’’, Where: The Walters Art Mu- seums listing across the Nation. College of Baltimore County, Essex Campus., seum., Time: 7:30 p.m. Time: 11:30 a.m.–1 :30 p.m. BLACK HISTORY MONTH EVENTS IN METRO Slave Life at Mount Vernon Slave Life at Mount Vernon AREA In observance of Black History Month, in- In observance of Black History Month, in- THURSDAY, FEBRUARY 17 terpreters stationed at the Slave Quarters in terpreters stationed at the Slave Quarters in Mount Vernon highlight the lives and con- How Old Is A Hero Mount Vernon highlight the lives and con- tributions of the slaves who built and oper- This musical production is a tribute to tributions of the slaves who built and oper- ated the plantation home of George and Mar- children of the Civil Rights era., Where: Carl ated the plantation home of George and Mar- tha Washington., Where: Mount Vernon Es- J. Murphy Fine Arts Center., Time: 4 p.m. tha Washington., Where: Mount Vernon Es- tate and Gardens., Time: 9 a.m.–4 p.m. Slave Life at Mount Vernon tate and Gardens., Time: 9 a.m.–4 p.m. In observance of Black History Month, in- SATURDAY, FEBRUARY 26 terpreters stationed at the Slave Quarters in TUESDAY, FEBRUARY 22 Alvin Ailey American Dance Theater Mount Vernon highlight the lives and con- Alvin Ailey American Dance Theater Come watch the Alvin Ailey American tributions of the slaves who built and oper- Come watch the Alvin Ailey American Dance Theater perform works from its clas- ated the plantation home of George and Mar- Dance Theater perform works from its clas- sic repertory including Ailey’s signature

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masterpiece exploring African-American SATURDAY, APRIL 9 Rosa Parks Library & Museum, Mont- spirituals., Where: The Kennedy Center. Theatre Morgan presents Raisin, the Musical! gomery, AL, http://www.tsum.edu/museum/. Time: 1:30 p.m., 7:30 p.m. Theatre Morgan’s grand finale of the sea- National Civil Rights Museum, Memphis, Cabaret son features the talents of the Morgan State TN, http://www.civilrightsmuseum.org/. In celebration of Black History Month, the University Fine Arts Department. ‘‘Raisin, University of Colorado Department of His- Theater Company presents a spectacular The Musical’’ is based on Lorraine tory, Colorado Springs, CO, http:// evening of dinner, entertainment and danc- Hansberry’s ‘‘A Raisin in the Sun,’’ which web.uccs.edu/history/ushistory/afroam.htm. The African American Museum, Dallas, ing. Where: Johns Hopkins University. Time: won the 1974 Tony Award for best musical. TX, http://www.aamdallas.org. 6:30 p.m. Where: Carl J. Murphy Fine Arts Center. The Howard A. Mims African American Illumination: Master Works Time: 7:30 p.m. In honor of the Martin Luther King Jr. hol- Cultural Center, Cleveland, OH, http:// iday, this display of African American Art is SUNDAY, APRIL 10 www.csuohio.edu/blackstudies/afam.html. from the collection of Harryette and Otis M. Theatre Morgan presents Raisin, the Musical! African American Culture Links, http://co- Robertson. Where: Towson University. Theatre Morgan’s grand finale of the sea- balt.lang.osaka-u.ac.jp/∼krkvls/afrocul.html. Life Opera son features the talents of the Morgan State Mr. Speaker, this is 60 minutes dedi- Hear a live performance of an original University Fine Arts Department. ‘‘Raisin, cated to the observance of black his- composition that shows how the changes in The Musical’’ is based on Lorraine tory, taken by the Congressional Black Hansberry’s ‘‘A Raisin in the Sun,’’ which music have complemented and mirrored the Caucus. lives of African-Americans. Where: Lex- won the 1974 Tony Award for best musical. ington Market. Time: noon–2 p.m. Where: Carl J. Murphy Fine Arts Center. Mr. Speaker, I yield to any Member Saturday Film Series Time: 3 p.m. of the Congressional Black Caucus who Explore the triumphs and struggles of Afri- FRIDAY, APRIL 15 wants to speak on this Special Order of can-Americans throughout history. Where: Theatre Morgan, presents Raisin, the Musi- the black history observance. Banneker-Douglass Museum. Time: 12:30 p.m. cal! Ms. NORTON. Mr. Speaker, will the Slave Life at Mount Vernon Theatre Morgan’s grand finale of the sea- gentleman yield? In observance of Black History Month, in- son features the talents of the Morgan State Mr. OWENS. I yield to the gentle- terpreters stationed at the Slave Quarters in University Fine Arts Department. ‘‘Raisin, woman from the District of Columbia. Mount Vernon highlight the lives and con- The Musical’’ is based on Lorraine Ms. NORTON. Mr. Speaker, I thank tributions of the slaves who built and oper- Hansberry’s ‘‘A Raisin in the Sun,’’ which ated the plantation home of George and Mar- the gentleman for yielding to me, and won the 1974 Tony Award for best musical. tha Washington. Where: Mount Vernon Es- I thank him for his leadership in com- Where: Carl J. Murphy Fine Arts Center. tate and Gardens. Time: 9 a.m.–4 p.m. ing forward during this whole month of Time: 7:30 p.m. SUNDAY, FEBRUARY 27 February when the whole Nation is in- SATURDAY, APRIL 16 Alvin Ailey American Dance Theater vited to think about the history of Af- Come watch the Alvin Ailey American Theatre Morgan presents Raisin, the Musical! rican Americans and about their Theatre Morgan’s grand finale of the sea- Dance Theater perform works from its clas- son features the talents of the Morgan State present effort to obtain first-class citi- sic repertory including Ailey’s signature University Fine Arts Department. ‘‘Raisin, zenship. masterpiece exploring African-American The Musical’’ is based on Lorraine I was just at the White House, per- spirituals. Where: The Kennedy Center. Hansberry’s ‘‘A Raisin in the Sun,’’ which haps last week, it was when the Presi- Time: 1 :30 p.m. Slave Life at Mount Vernon won the 1974 Tony Award for best musical. dent had a commemoration built In observance of Black History Month, in- Where: Carl J. Murphy Fine Arts Center. around the new African American Mu- terpreters stationed at the Slave Quarters in Time: 3 p.m., 7:30 p.m. seum, approved by the House and the Mount Vernon highlight the lives and con- SUNDAY, APRIL 17 Senate, something that African Ameri- tributions of the slaves who built and oper- Theatre Morgan presents Raisin, the Musical! cans have been trying to get ever since ated the plantation home of George and Mar- Theatre Morgan’s grand finale of the sea- Civil War soldiers in Washington, D.C. tha Washington. Where: Mount Vernon Es- son features the talents of the Morgan State asked for a museum. I want to just say tate and Gardens. Time: 9 a.m.–4 p.m. University Fine Arts Department. ‘‘Raisin, how much I appreciate that the House MONDAY, FEBRUARY 28 The Musical’’ is based on Lorraine Hansberry’s ‘‘A Raisin in the Sun,’’ which and the Senate now have agreed that Baldwin Over Cocktails the Congress will pay for 50 percent, The National James Baldwin Literary So- won the 1974 Tony Award for best musical. ciety presents an evening of music and food, Where: Carl J. Murphy Fine Arts Center. and we will raise money, we in the pub- featuring readings of Baldwin’s work and Time: 3 p.m. lic, Americans of every background, for other performances. Where: Mansion House this museum here in the District of Co- Seafood Restaurant. Time: 5:30 p.m.–8:30 p.m. BLACK HISTORY & CULTURE LIBRARIES & lumbia to commemorate the history, James Baldwin Black History Month Celebra- MUSEUMS the very long history, a history as long tion The Black History Museum and Cultural as the history of the Nation itself, of Come have a great night out featuring Center, Richmond, VA, http:// African Americans in our country who food, live music and dancing all in support of www.blackhistorymuseum.org. The National James Baldwin Literary Soci- The Idaho Black History Museum, http:// were central to building the Nation as ety in Baltimore. Where: Maryland Zoo in www.ibhm.org. we know it, were critical to building Baltimore. Time: 5:30 p.m.–8:30 p.m. The Anacostia Museum & Center for Afri- its great economic might, and have Slave Life at Mount Vernon can American History and Culture, Wash- been late because of the tragic history In observance of Black History Month, in- ington, DC, http://www.anacostia.si.edu. of our country in claiming the benefits terpreters stationed at the Slave Quarters in Museum of Afro American History, Boston, and the rewards that most Americans Mount Vernon highlight the lives and con- MA, http://www.afroammuseum.org. are used to obtaining within a genera- tributions of the slaves who built and oper- The New York Institute for Special Edu- ated the plantation home of George and Mar- cation, Bronx, NY, http://www.nyise.org/ tion or two of coming to this country. tha Washington. Where: Mount Vernon Es- blackhistory/. To the gentleman from New York, tate and Gardens. Time: 9 a.m.–4 p.m. The Lucy Craft Laney Museum of Black from Brooklyn in particular, a very SATURDAY, MARCH 19 History, Augusta, GA, http:// distinguished member of a number www.lucycraftlaneymuseum.com/. committees, the Committee on Govern- Telling Our Stories . . . Our Way Charles H Wright Museum of African Authors who speak to the African-Amer- ment Reform, on which I serve; and es- American History, Detroit, MI, http:// ican experience through various literary pecially the Committee on Education www.maah-detroit.org/. genres will talk to an audience of adults and Museum of Afro American History, Boston, and the Workforce, in which his long families. Where: Johns Hopkins University. MA, http://www.afroammuseum.org/. service has helped in many benefits in Time: 9 a.m.–3 p.m. DuSable Museum of African American His- education that are remarkably impor- FRIDAY, APRIL 8 tory, Chicago, IL, http:// tant not only to African Americans but Theatre Morgan presents Raisin, the Musical! www.dusablemuseum.org/home.asp. to our country, I say to him that I rec- Theatre Morgan’s grand finale of the sea- Reginald F. Lewis Museum of Maryland Af- ognize that we began with a theme son features the talents of the Morgan State rican American History & Culture, Balti- about the Niagara Movement. University Fine Arts Department. ‘‘Raisin, more, MD, http:// Some may wonder about the Niagara The Musical’’ is based on Lorraine www.africanamericanculture.org/mu- Hansberry’s ‘‘A Raisin in the Sun,’’ which seum_reglewis.html. Movement, which in a real sense start- won the 1974 Tony Award for best musical. African American Historical Museum & ed the 20th century movement for Where: Carl J. Murphy Fine Arts Center. Cultural Center of Iowa, Cedar Rapids, IA, equal rights, the forerunner of the Time: 7:30 p.m. http://www.blackiowa.org/. NAACP. A number of Washingtonians

VerDate Aug 04 2004 04:06 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A17FE7.060 H17PT1 H774 CONGRESSIONAL RECORD — HOUSE February 17, 2005 were at that first call. I just celebrated letin that came every other week. So I mean, I think of the Vietnam Me- the life of one of them, Mary Church he somehow managed to do on-the- morial. Nobody, when they thought Terrell, a woman who in her eighties ground education of ordinary blacks there was going to be a Vietnam Me- was picketing out in front of public ac- like us in the schools, and to do some morial, ever envisioned that it would commodations, yes, here in the Na- of the most important writing of his- be that wall that now is a virtual place tion’s Capital, a southern city which tory, in the professional sense, that has of worship. was as segregated as any part of the ever been done. He started the whole b 1500 South, picketing to open ordinary ac- effort to not rewrite but to write commodations. This woman was the American history. It does not have any soldiers on it; it first member of any Board of Edu- People have to understand that much is just a wall with some names on it. In cation in the United States; a very dis- of American history as it described Af- the District of Columbia, we have a tinguished history, and one of only two rican Americans could only be called Civil War memorial. It is the first me- women who put out the call for African defamatory. Not only did it not bring morial to the hundreds of thousands of Americans to come from around the out the contributions of African Amer- African Americans who actually served country to talk about what they should icans, it defamed African Americans, in the Civil War. What it has are a list- do as the 20th century dawned to elimi- built in the prejudices and discrimina- ing of all those names. They served in nate racism and discrimination in our tion of the larger society. It took a the Navy and the Army. We got those country. great intellectual like Carter G. Wood- names by working with Howard Uni- I want to note the extraordinary two son to begin the process of undoing versity, and there they are. works of Dr. David Levering Lewis, a that. It is not a wall; it is another kind of historian who has won the Pulitzer Now we have Ph.Ds from all the an edifice. But it is, by the way, the Prize for his volumes on the life on great universities. We see some of only one of its kind, the only memorial W.E.B. Du Bois. This is the intellectual them on television telling the story of to African Americans who fought for father of the civil rights movement, African American life in the many doc- their own freedom and for one Nation, the first black to receive a Ph.D. from umentaries, for example, that are being indivisible, at a time when they were Harvard University, a man who in shown. not free, because when you entered the many ways was responsible for what The gentleman from New York (Mr. armed services, and talk about some remains the intellectual underpinning OWENS) mentioned that the Capitol was volunteer soldiers, these were real vol- of black aspiration in America. built by slave labor. I want to reinforce unteer soldiers, they did not give you This is an extraordinary work. I have that. The Capitol was built, yes, by your freedom in return. In order to re- just finished Volume 1 and am just be- slave and free labor, and there were cruit you, they did not say, You serve ginning Volume 2. He had a very long also immigrant labor who contributed us, you are free. You were still a slave. life, died on the day that the March on to it. But this House and the Senate These are men who fought for their Washington gathered here in his late passed a resolution indicating that we country at a time when we were in dan- nineties. So no wonder it took two vol- should find some way to take note of ger of becoming at least two countries. umes. But it was his remarkable life, a the fact that this very place where we At the very least, let us begin here in life that in a real sense takes us on a now stand, we owe to the labor of free the Capitol by remembering those who journey of 20th century America for and enslaved blacks. Some of the were black, some of them not free, who what blacks have encountered and how enslaved blacks were simply brought helped build the very place where we their effort to obtain equality in our here to work by their masters. The meet every week. country has proceeded. I recommend it masters were paid; the slaves were not. Mr. Speaker, I do note that during to anyone who is interested not only in Some, frankly, were runaway slaves. this African American History Month, serious history but in wonderful writ- My own great grandfather who came to Black History Month, we just lost two ing and in events that in a real sense Washington in the 1850s was a runaway great Americans, Shirley Chisholm and help us understand a lot of what is hap- slave. He did not work on the Capitol, Ossie Davis. These were one-of-a-kind pening today. It is extraordinary work, but he certainly worked on the streets historic figures; Shirley Chisholm not which is why I think it won the Pul- of D.C., because one could work on the only because she was first, but she was itzer Prize in the first place. streets. They were building D.C., and first in many ways. The second black to graduate from they did not ask them who they were She was first in what she was willing Harvard with a Ph.D. was one far less unless the master came and found to do to break barriers, the first Afri- well known than W.E.B. Du Bois, whose them, and under the Fugitive Slave can American woman elected to Con- name is so closely associated with the Law, he could take them back. So that gress, the first to run for President of NAACP. He worked for the NAACP for was always a real risk. But working on the United States. I was in Florida at ‘‘The Crisis,’’ their publication, for dec- the Capitol, I am sure those were, as it her funeral. She will be remembered. ades. He was central to its formation. were, well-documented slaves. Indeed, she will never be forgotten. But less well known is the second But, Mr. Speaker, until now the leg- She said she did not want to be re- black person to graduate from Harvard, islation which requires a task force to membered for being first. Shirley Chis- Carter G. Woodson. As Dr. Du Bois was be formed to make sure that this com- holm understood what was important. the intellectual father of the NAACP memoration takes place has not been She believed that you have to do some- and of the Civil Rights Movement, formed. I know that the gentlewoman thing in order to be remembered. To Carter G. Woodson was the man who from California (Ms. PELOSI) has sent a many of us, her being the first black discovered black history at a time letter to the Speaker, simply remind- woman to come to Congress was doing when almost no publisher would even ing him of that, because I am sure that a whole lot. For her it was not doing a publish works, even serious works like that must be an oversight. whole lot. But her record in this House his own, about African American his- But the Visitors Center is about to be is an indication that it was. tory, and now he is regarded by his completed and the time to take care of But I think we would all do well to peers as one of America’s great histo- this is when we are under construction. remember that before she died she did rians. Carter G. Woodson proceeded If I may express my own opinion, no- not even want to be remembered for right here in the District of Columbia body wants, or at least I do not want, what she is most likely to be remem- to do his own work in a brownstone lo- a statue of some slave in the Capitol. bered for, and that is being first to cated in the historic Shaw area, orga- That is not what we are after. Some have the guts to run for President and nizing his own organization, the Asso- kind of tasteful reminder of this place being the first to become a Member of ciation for the Study of African Amer- and how it came to be has by statute the House of Representatives itself. ican Life and History, which continues been mandated, and I simply draw to As a woman, I count myself and the to this day; his own presses. the attention of both sides of the aisle 22 other African American women who When I was a youngster going to seg- that we have not done the start-up have come since as her living legacy. regated schools in the District of Co- work to getting the appropriate kind of None of us had to encounter what she lumbia, there was a Negro history bul- memorial of some kind built. encountered, which was a House with

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I do want to say about Ossie Davis, Americans lived in the South, we do The armed services has done a great because I am still, as I was when he note that that is when you had the deal for African Americans because it was alive, awed by his multiple gifts, it great decade of lynchings, because so was the best and continues to be the is very hard for me to understand peo- many of these African American sol- best equal employment opportunity ple who have more than one gift. Most diers came back, particularly to the employer in the United States. of us do not have even one. But here is South in the United States, and as- But this young man stepped forward a man who died nearing 90, therefore sumed that they should act like first- just as the Congress opened with two of who lived through the worst days of class citizens. his buddies from the District of Colum- segregation, and somehow or the other It was perhaps the most shameful bia who had graduated from high was able to press himself to bring his decade of our country, and certainly school here, and they asked for a meet- gifts out. the treatment of these World War I ing with the gentleman from Illinois Those gifts were across the board. veterans was perhaps the most shame- (Speaker HASTERT) and our leader, the Those gifts were the gift of language, ful chapter in American history be- gentlewoman from California (Ms. his gift as an actor, his gift as a pro- cause of the upsurge of lynchings, PELOSI), simply to ask for the return of ducer, his gift as a leader of the civil many of them men just released from a the vote in the Committee of the Whole rights movement, his gift in letters and war that is still very much debated, to the District, a vote that I won in the in arts, and his gift as a playwright. World War I, where people still try to 103rd Congress and which was taken Heavens, would that any of us, even find out why we were there, why did it back from me when the Congress those who are just being born black, be happen. It resulted in all the after- changed hands. able to do in their lives as well even math. Woodrow Wilson tried to make They came to say, if I may para- one of those things Ossie Davis will be sure, though, that such a war never phrase them, it would be a first step to- remembered for. happened again, and World War II was ward voting rights, and they came be- cause they were about to see what we We remember people in Black His- brought about in part because of the saw January 30, with the people of Iraq tory Month precisely because they en- failings of World War I. courage us to do better, because they I want to note the extraordinary getting the very voting rights in their did it against far greater odds. over-representation of blacks in the parliament that these three young Finally, Mr. Speaker, I want to say a Reserve and National Guard. Many of men, who were just back from Iraq, did word during this shooting war about them, like so many volunteers in the not have. So they used the occasion to remind the role of African Americans in the Army today, are there first to serve the Congress that they were proud to United States military, because if their country, and, secondly, because serve, they would serve again, they there is any moment to remember they do not have the same economic were volunteers, but that our country them and if there is any time to re- rights that my son, that your son and had an obligation to them and their member those who now serve, it is now. your children have, and service in the families and that was to allow them I have just come from a hearing this volunteer Army is a way to go to col- the same representation, the same morning on the treatment of the Na- lege, a way to get a job. Any treatment equality in the Congress that interest- tional Guard and Reserve when it of them other than first-class treat- ingly they felt they had in the armed comes to their health care. My con- ment in a war like this, a very con- forces of the United States. gratulations to the chairman of the troversial war, is very much to be criti- Mr. Speaker, I draw that to your at- committee who called the hearing, the cized until we do much better. tention during Black History Month gentleman from Virginia (Mr. TOM Finally, Mr. Speaker, may I say that because I want my colleagues to under- DAVIS), the chairman of the Committee among those who are serving in this stand that not all of this is history. In on Government Reform. This is not the war are young men and women from the District of Columbia now I am first hearing he has had on this matter. the District of Columbia, the same as talking about a majority black popu- Mr. Speaker, the hearing was called those who have served our country in lation, about 60/40 black. But for 150 because members of the National every war since the Revolutionary years the majority here was white. It is Guard and Reserve have complained War, and, if I may say so, very specifi- because the Congress of the United about being treated as, for lack of a cally in disproportionate numbers. For States has exercised an undemocratic better word, I will call it second-class example, in the Vietnam War the Dis- proprietary sense of this city to inter- soldiers. They are not regularly en- trict lost more men than did 10 States, vene into its local affairs and to deny listed soldiers. They are soldiers who and yet this is a city. the citizens of this city the same rights are citizen soldiers, called forward in I have gone to a number of funerals; that you insist upon for your citizens. numbers we have never seen before. Al- I have gone to Arlington National Cem- Remember that during Black History most 50 percent of the troops in Iraq etery. And just as the first from the Month. Remember that black people in are National Guard and Reserve. District of Columbia served without a the District of Columbia, white people When they are injured, they are not vote, so today not only do my constitu- in the District of Columbia, anybody in treated as enlisted people are treated. ents serve their country without a the District of Columbia, because they They are sent and held at medical hold vote. They pay taxes, second per capita live in the capital of their country, the companies, and these are scandalously in the United States, without a vote. proud capital of their country, are underserved companies where they That is bad enough, Mr. Speaker. But least proud of not having the same could not get medical treatment. The on top of that, to go to war without a rights, particularly when Emory Kosh hearings have helped to focus on this vote, where your Member cannot vote and other young men and women find and provide some improvements. one way or the other, and yet you vol- themselves this very day in Iraq, Af- But what made me think of them to unteer for war, it seems to me that ghanistan, and all over the world serv- today is the history of disproportionate that ought to call to question whether ing their country in our name. service by African Americans in the or not the people of the District of Co- It is not history, Mr. Speaker, it is armed services of the United States lumbia ought to have equal representa- here and now; and we must take action ever since the war that created our tion in the Congress of the United here and now to make it history, to country, the Revolutionary War. This States. make it yesterday, just as slavery was urge to serve, often, perhaps most There is a young man working in my yesterday, just as Jim Crow in the Na- often, as volunteers, it does seem to me office, his name is Emory Kosh, and he tion’s Capital was yesterday, just as we should note during this Black His- spent a year on the front lines in Iraq. the segregated schools I went to in the tory Month. When he came back, somebody told Nation’s Capital were yesterday. Dr. David Lewis in his volume begins him I was looking for staff assistants. Let us make unequal representation to describe African Americans coming He came and I was pleased to hire him. in the Congress of the United States

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.082 H17PT1 H776 CONGRESSIONAL RECORD — HOUSE February 17, 2005 yesterday, make it history, for black, War I and World War II, but it goes all of February melt out into the warmer white, Hispanic and people of every the way back to the war of 1812 and the days of March. He would realize, Mr. background who live in the District of Revolutionary War. There have been Speaker, that we still have a battle to Columbia, who live in their Nation’s very few wars that have been fought wage and we are not stopping at Feb- Capital. where a major role was not played by ruary. Mr. OWENS. Mr. Speaker, reclaiming African Americans. We will fight for education funding, my time, I thank the gentlewoman So the stream of history, we want to for Social Security, and for health par- from the District of Columbia. Her make certain that that is properly han- ity between blacks and whites. We will point is that history is still continuing, dled; and then the mosaics, the little not accept that the mortality rate for and in the African American history pieces, the individuals who made his- African Americans is 30 percent higher museum that I spoke about before, tory should be a part of that in the than for whites. We will not accept there probably should be a section for proper places, and some of these heroes that homicide is the leading cause of unfinished business. that I have just mentioned certainly death of black men. We will not accept b 1515 should not get lost. The record and the that 21 percent of African Americans inspiration and the achievements of are without health insurance, and we One of the pieces of unfinished busi- Louis Stokes, Parren Mitchell, and simply will not accept that changing ness certainly is the fate of the Dis- Ron Dellums should live on forever. Social Security is a solution to these trict of Columbia respective of full rep- Mr. Speaker, I yield to the gentleman fundamental inequities. resentation in the House and the Sen- from Maryland (Mr. CUMMINGS). President Bush has declared the ate. Mr. CUMMINGS. Mr. Speaker, I want theme of this year’s Black History I would like to say that the gentle- to thank the gentleman for his vigi- Month to be the Niagara Movement. woman from the District of Columbia lance and for sponsoring this Special This movement, led by W.E.B. Du Bois, had mentioned some individuals, and Order. I also thank him for his con- called for civil rights and civil liberties that is very much a part of the history stant work and hard work with regard for all. In DuBois’s ‘‘Address to the Na- that is ongoing, and I hope that there to education, fully understanding that tion’’ at Harper’s Ferry in 1906, he said: will never be a minimizing of the role as we celebrate Black History Month ‘‘We will not be satisfied to take one that has been played by individuals that a people cannot rise unless that jot or tittle less than our full manhood like Shirley Chisholm, like Ossie people is educated. So I thank the gen- rights. We claim for ourselves every Davis. tleman from New York (Mr. OWENS) single right that belongs to a free-born But more closer to home, today is very much for all that he does every American, political, civil, and social; the 80th birthday of Congressman day. and until we get these rights, we will Louis Stokes. Congressman Stokes was Mr. Speaker, those who have no never cease to protest and assail the an outstanding Member of Congress record of what their forebearers have ears of America. The battle we wage is serving on many different committees: accomplished lose the inspiration that not for ourselves alone, but for all true the Select Committee on Intelligence, comes from history. These wise words Americans.’’ the Committee on Standards of Official were spoken by the Father of Black It is in this spirit that I say, let us Conduct, and the Committee on Appro- History, Carter G. Woodson. In 1926 he use this Black History Month as a priations. The kinds of things he got initiated Negro History Week, a week- springboard to call for equality for all done while he was here are legendary, long celebration of African American Americans all year-round. Let us look and I hope that history does not lose cultural heritage. Woodson knew that to the leadership of Woodson and track of the achievements of Congress- self-respect sprang from self-knowl- DuBois as we fight for all who toil and man Stokes. edge. He knew that an awareness of our suffer among us. A few days ago, at the ceremony for history was crucial to our dignity and Mr. Speaker, I would like to close Shirley Chisholm, Congressman Ron essential in our fight for equal rights with the words of a great man to whom Dellums was here. Ron Dellums is one in this country. we reluctantly bid farewell this Black of the most brilliant minds in America Carter G. Woodson also knew, as we History Month. In an interview last today still; but certainly when he was know, that African American history is year, Ossie Davis said, ‘‘We can’t float here, he had a chance to exhibit one of American history. African American through life. We can’t be incidental or the most brilliant minds one would history and American history is the accidental. We must fix our gaze on a want to find on matters related to the sound of slaves invoking the Declara- guiding star as soon as one comes up military and international events. And tion of Independence. It is Sojourner on the horizon. And once we have at- Parren Mitchell also I hope will not get Truth fighting for all of her sisters as tached ourselves to that star, we must lost in history. These are people who she demanded, ‘‘Ain’t I a woman?’’ It is keep our eyes on it and our hands on served during the time that I have been the sorrow of spirituals and the joy of the plow.’’ a Member. Parren Mitchell from Mary- jazz. It is the horror of crosses crack- Mr. Speaker, let us not be incidental land was a genius in the area of eco- ling aflame in moonlight, of strange or accidental. Let Ossie Davis be our nomic development. And he got started fruit dangling from treetops, of poverty guiding star as we pledge to keep our some things that continue and have and, yes, of pain. hands on the plow and fight for equal- been broadened to set aside for Federal And it is the bravery of freedom ity every day of the year. contracts that started for minorities fighters desegregating buses, lunch Mr. Speaker, I thank the gentleman and was, of course, broadened to in- counters, and schools. Mr. Speaker, Af- for yielding me the time. clude women, and it continues. rican American history is the diverse Mr. OWENS. Mr. Speaker, I yield to So we do not want to lose track of tapestry of people who compose this the gentleman from Illinois (Mr. the heroes who might inspire our Congress. DAVIS). young people. One of the great values Carter G. Woodson would be proud to Mr. DAVIS of Illinois. Mr. Speaker, I of the African American history mu- see that Negro History Week has blos- want to thank the gentleman from New seum is that it will bring all of this to- somed into a month of events cele- York (Mr. OWENS) for yielding, and I gether. We have a great problem with brating the giants of African American would like to associate myself with our young people in terms of them un- arts, letters, science, sports, and poli- some of the comments that both he and derstanding what the history has been tics. He would delight in the flurry of the gentleman from Maryland (Mr. and understanding what the challenges assemblies in schools that showcase CUMMINGS) have made relative to the are. And I think that to have phys- the inspirational stories of Frederick import and the importance of African ically located in one place these kinds Douglass and Rosa Parks, both of American History Month. of items, such as blacks in the mili- whose birthdays fall in the month of I would certainly agree that all of tary, and there will be a section related February. those who have lived and who have to what the gentlewoman from the Dis- But Carter G. Woodson would be sad- come to this country have become a trict of Columbia was saying before, dened that this flurry of attention to part of making America the great Na- not just the role of blacks in World black history peters out as the snows tion that it indeed is. Oftentimes, when

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.083 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H777 we think of black history, I grew up in MOURNING THE LOSS AND CELE- most skilled, most effective and most influen- an era where I was taught to read by BRATING THE LIVES OF THREE tial lawyers, Attorney Earl Neal. Over the unlocking words and, to an extent, we PROMINENT CHICAGO CITIZENS years, I have often heard Earl Neal referred to were taught that history meant his The SPEAKER pro tempore (Mr. as a lawyer’s lawyer or as the city’s expert on story, and lots of people think of his- DAVIS of Kentucky). Under a previous may issues, no matter who the mayor or city’s tory as meaning his or her story. I have order of the House, the gentleman from management might have been composed of. I been challenging young people Illinois (Mr. DAVIS) is recognized for 5 have been involved in court cases and litiga- throughout my district and every place minutes. tion where I was on one side and Earl was on that I have gone to view black history Mr. DAVIS of Illinois. Mr. Speaker, I the other. In each instance, although we were not so much in the context of history, want to thank the gentlewoman from (in fact adversaries) I always found myself but in terms of ‘‘mystery,’’ meaning North Carolina (Ms. FOXX) for giving wishing that we were on the same side. There that it becomes my story. And each me the opportunity to make these were instances where we were on the same one of us has a story that we can write comments prior to the hour that she side of issues and I always had the highest or a story that we can tell. will be using on behalf of the majority. level of assurance that were being rep- I spent part of Monday, I say to the resented as well as humanely possible. gentleman from New York, with 10 kin- Mr. Speaker, this week, residents of Chicago lost three of its most promi- In addition to being an outstanding lawyer, dergartners in a school, and they were Earl and his wife Isabella were prominent civic watching ‘‘Roots’’ as I came into the nent citizens. Earlier today, the fu- and social leaders in the State of Illinois. He classroom. And before we ended the neral was held for a blues singer, a fel- was intimately associated with his alma mat- day, each one of them had decided that low named Tyrone Davis, who has had ter, the University of Illinois serving on the they were going to be an integral part great popular songs such as ‘‘Mom’s Board of Trustees, President of the Alumni As- of making black history and that they Apple Pie’’ and ‘‘Turn Back the Hands were going to look back to understand of Time.’’ Tyrone grew up in Mis- sociation and Chairman of the Urban Health where they came from so that they sissippi, rural Mississippi, as a matter Advisory Council which resulted in the Univer- would have a better understanding of of fact, not far from Greenville. He sity of Illinois training more African American how they got to where they are, and came to Chicago and ultimately be- physicians and dentists than any medical they would have a greater awareness came one of the top recording artists in school in the USA with the exception of How- and appreciation of where they ought the country. He also happens to be a ard and Meharry. to be going. resident of the neighborhood that I To Mrs. Neal and Attorney Langdon Neal So I want to commend the gentleman come from. He came and lived on the and other members of the family, you have from New York and the gentleman west side of the city of Chicago and the heartfelt condolences of myself, my wife, from Maryland for helping to bring interacted in the night clubs and blues Vera and our entire family. Earl has been as alive the historical development of Af- joints before he rose to the top. Harold Washington would say, ‘‘fruit of the loom, best of the breed, in a class by himself.’’ rican Americans in this country so b 1530 that all of us know that we continue to f And so I simply want to express con- move forward even as we look back. I STOPPING WASTE, FRAUD AND thank the gentleman for this oppor- dolences to the wife and family of Ty- rone Davis, great blues singer. We also ABUSE IN GOVERNMENT SPEND- tunity. ING Mr. OWENS. Mr. Speaker, I would lost this week attorney Earl Neal, one like to close by saying that this year, of the most accomplished lawyers that The SPEAKER pro tempore (Mr. the year 2005, is a landmark year for the country has ever seen. DAVIS of Kentucky). Under the Speak- the observance of African American Earl distinguished himself as a great er’s announced policy of January 4, history in that there will be an African attorney, great trial lawyer, but also 2005, the gentlewoman from North American museum launched here on was actively engaged and involved in Carolina (Ms. FOXX) is recognized for 60 the Mall during this year. The money civics and community affairs, chair- minutes as the designee of the major- has been appropriated for the planning. man of the board of trustees of the Uni- ity leader. There is a distinguished board of Amer- versity of Illinois, his alma mater; Ms. FOXX. Mr. Speaker, I rise with icans who are going to go forward with chairman of the University of Illinois my colleagues today to highlight the this, including Oprah Winfrey, Ken Alumni Association; and also chairman important role this Congress must play Chenault of American Express, Tony of the Urban Health Program, where, in rooting out waste, fraud and abuse Welters of AmeriChoice, and a whole through his efforts, the University of in government spending. The Federal group of business people and academics Illinois trained more African American Government currently spends over who will oversee the beginning of this physicians and dentists than any col- $69,000 every second of every day. That process. I would like to call upon all lege or university in the Nation, with astonishing figure is simply too high. celebrities out there who have money, the exception of Howard and Meharry. This Congress must become a better because part of the arrangement is And so certainly we want to extol our steward of the taxpayers’ dollars and that the government will pay for one- condolences to Earl’s wife, Isabella, his we must do it now. half of it, and the other half has to be son, attorney Langdon Neal, and other Our constituents deserve to send less raised in private contributions. So I members of his family. of their hard-earned dollars to Wash- call on all of the celebrities and the And finally Milton Davis, who was ington and have more of their money stars and the athletes to come forward chairman of Shorebank, little group of to spend on their families, businesses and let us make certain that this great people got together, started a bank, and dreams. They meticulously budget project does not falter at all as a result they called it south Shorebank. It their dollars at their kitchen tables of not having the private funds to emerged as the number-one community and we owe it to them to do the same match the government funds. lending institution in the Nation. here in Washington. It is a great day in the observance of Right now its assets are more than a Mr. Speaker, in order to do this, we African American history, a long haul billion dollars, and Milton Davis and I must crack down on waste, fraud and from the day when Carter G. Woodson collaborated, and he put a bank in the abuse in government spending. We are asked for a 1-day observance and could neighborhood where I lived, called the going to have others of our party not get it, and then it finally became a Austin branch of Shorebank. speak. week and a month. We want a museum So I simply want to express condo- And now I would like to yield the that brings it all together right here in lences to his wife and family, and all of floor to my esteemed colleague, the Washington to make sure that our chil- those who are associated with gentleman from Texas (Mr. CONAWAY). dren and the children of all Americans, Shorebank, one of the top community Mr. CONAWAY. Mr. Speaker, I thank not just African American descendants lending institutions in the Nation, on the gentlewoman from North Carolina but all Americans, understand the role the life and legacy of Milton Davis, its for yielding. I appreciate the esteemed and the contribution of African Ameri- former president and chairman. remark. I am not sure what that cans to the history of this great Na- Mr. Speaker, I take this opportunity to com- means, but I will take it as a com- tion. mend the life and work of one of America’s pliment. Thank you very much.

VerDate Aug 04 2004 03:55 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.085 H17PT1 H778 CONGRESSIONAL RECORD — HOUSE February 17, 2005 You cannot talk about eliminating Let me give you some examples that ment could not produce details on out- waste, fraud and abuse in Federal will help put this in context for our fel- standing checks. In one case it caused spending without kind of putting it in low Members here in the House this a $3.1 billion overstatement of cash. some context. During the 1950s, the afternoon, kind of what we are talking Now, I used to be a small Federal income tax amounted to about about. Twenty-one of the 26 major de- businessperson and worked with com- 2 percent of the family budget. partments and agencies currently re- panies as their auditor. One of the At that point in time, Americans had ceive the lowest possible rating for things you do when you write a check continued to experience a growing their financial management. is you have a source document as to standard of living as it has continued Let me put this overall thing in con- why you wrote that check. You got an to grow. In the 1990s, however, the Fed- text. I am a CPA. I have been in busi- invoice from a vendor in most in- eral income tax consumes about 25 per- ness as a practicing accountant for stances, and you attach it; someone ap- cent of that same family of four’s in- some approximately 36 years. And proves that invoice and someone sends come. And I think most of us have run hearing things like this are obviously it over to the check-writing depart- on platforms that have said that Amer- troubling to me on a professional level ment and they write that check. Then icans are overtaxed. as well as on a taxpayer level, that we you file that invoice, and then at the Tax levels at all levels when you would have things like this going on. end of the year the auditor comes in or begin to add Federal income taxes, The single most troubling one, as a the owner comes in and said, I need to State income taxes, local taxes, the former auditor, someone who has ex- kind of figure out where we spent our sales taxes, the variety of taxes that amined other peoples’ books and ren- money. we all pay from cradle to grave, they dered opinions as to the reasonableness You see this list of checks. You want consume about 50 percent of a family’s of those books, the U.S. General Ac- to know why this check was issued. income. counting Office will not certify the Then you go look in the file cabinet, We will celebrate, sometime in April, Federal Government’s own accounting or, in today’s world, the way electronic May, June, the day keeps getting books because the bookkeeping is so data is kept, you go look for that longer each year, a tax holiday in a bad. source document: Why did we write sense that most average Americans Unfortunately we have got agencies, that check? will have worked through that part of big and small, who cannot keep up with Well, in an organization as large and the year in order just to pay their the tax dollars that Congress allocates as expansive as the Federal Govern- taxes. to them to spend. We are 21⁄2-plus years ment, you would expect a few invoices We will spend in this government on now into living under the Sarbanes- to be missing. I mean, that is just the the order of $2.5 trillion in fiscal 2005 Oxley bill, a bill that came into exist- nature of the beast. We do not all keep and 2006. You have already put that in ence as a result of financial accounting all of the records that we are supposed context, $69,000 per second that is spent abuses by certain of my brethren in the to. That is not to condone it, but it is across the board, for the most part, accounting profession and certain lead- the real world. $3.1 billion in checks most of it on programs that we all ership in various corporations. written that we do not know why they agree on; but some of it I think gets We now have in place rules and regu- were written, or we cannot prove why spent on things and in ways that we be- lations that require publicly traded they are written, seems to be an area lieve would be inappropriate. companies to certify their books, that that we could make some improve- The House Budget Committee has re- the chief financial officer certifies that ments in. cently released a report that shows book, that the CEO certifies that the If I may give one example, a personal that there are billions, literally bil- books are correct under the penalties example. My mom and dad are of an lions of dollars that are going to waste. of going to jail for Federal felonies if age that they are on Medicare. And my These moneys are being paid to people those are incorrect. There is no one in dad has got diabetes and needs a cer- who do not deserve them, people being the Federal Government who signs a fi- tain supply of things to handle and paid by accident, being paid in many nancial statement under that same take care of his diabetes. The suppliers instances through fraud schemes, penalty. continue to overship that stuff to my where folks are frauding the very sys- So the fact that we cannot keep our mom and dad. tems that we put in place to help and own books ought to be troubling on a Well, my mother is just very diligent nurture those in our society, those in variety of levels. Talking about some and Rambo about not accepting it and our communities who can least afford specific dollars, the Federal Govern- shipping it back, because, you know, to live. Those programs get preyed ment made $20 billion in overpayments she just keeps the regular 30-day sup- upon by some of the worst in our soci- in overall payments. Medicare pay- ply of the supplies that my dad needs ety. ments by themselves totaled $12 billion to take care of his diabetes. You know, I suspect that speaker overpayments in 2001. Well, what is happening here is that after speaker has stood at these micro- Mr. Speaker, I think we can do a lot these companies are gaming the sys- phones, on both sides of the aisle, to with $12 billion. There is an awful lot tem. Because when they ship it, then condemn wasteful spending, money of those programs listed in the Presi- they get to bill Medicare for those that is getting spent that should not dent’s 150 that could be covered by that products. That is just simply not fair. get spent. I suspect that if we took a $12 billion. I think the total savings So I will brag on my mom. She is out vote in this House it would be a 435-to- that the President projects out of that there in the hinterlands lands of west 0 vote against wasteful spending. It is 150 is about $20 billion. Texas, out in Odessa, Texas, trying to very difficult to find a politician who Now, those of us who have a check- save and do her part to save taxpayer would stand up and defend wasteful book and write checks, you know, dollars so that legitimate Medicare ex- spending. never write a billion-dollar check. We penses that ought to be paid get paid. It is hard to find a constituent group do not have a clue realistically how And that as we try to work with the that would stand and defend wasteful much money a billion dollars is in try- very daunting task of cutting spending spending. The President has proposed a ing to stack it up. But to put it in con- in Federal Government this next year, budget recently, and in that budget he text of overall savings of $20 billion, if starting with the budget process right has proposed about 150 programs that we have got overpayments, either now, and working through the appro- would be either cut, or spending re- through by accident, charges that priations process and the authorizing duced. In Washington, since that budg- should not have been, double billings, process, that we are looking at dollars et came out on the February 7, we have physicians and health care providers that ought to go to programs. We are been the recipients of special interest who are scamming the system, that 12 not looking at dollars that are being groups across the board who want to billion is a big number. funneled into areas or into scams or defend those very programs. We cannot Social Security income program has overpayments. find a single special interest group who made overpayments of about $2 billion As I mentioned, as a CPA and one would be willing to defend waste, fraud in 2002. And the Federal Management who has signed the firm’s name on and abuse in our Federal spending. Service at the U.S. Treasury Depart- audit papers before and audit reports,

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.087 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H779 we can do better. I do not pretend that money, and we have to be as careful its participants. If we did one simple we cannot. It is a tough job. Obviously with that as we are with spending our thing, if we simply made sure that the Federal Government is the single own money, even more so. We have to those who get WIC are actually eligible largest financial entity, I suspect, on really work at making sure that the for WIC, that the number of partici- Earth, the U.S. Federal Government. dollars are spent wisely; and, again, as pants who have incomes exceeding eli- And so keeping track of all of those my esteemed colleague said, we do not gibility levels were properly limited dollars ought to be hard. It is hard, but want waste, we do not want fraud, we the way we do in the school lunch pro- that is no excuse for why it should not do not want abuse because where Fed- gram, as many as 27 percent of the cur- be done, why it should not be done to eral dollars are being spent on pro- rent participants may not be eligible. the same standards that we require the grams, we want them to go for much- That is according to the Los Angeles largest multinational corporations in needed services. Daily News. Twenty-seven percent of our country to maintain their books, I want to, Mr. Speaker, yield to the the participants in what is otherwise a to be able to report to their share- gentleman from Louisiana (Mr. good program may not be eligible if we holders what is going on, so that each JINDAL), my esteemed colleague who is just enforce our existing rules. year in October when we get the finan- here to add his perspective on this Another example. This comes from cial statements from the Federal Gov- issue. an Inspector General’s report. The De- ernment we have got some confidence Mr. JINDAL. Mr. Speaker, I thank partment of Justice’s Inspector Gen- in those numbers, that we can then the gentlewoman for the opportunity eral audits of the COPS grant program, take that information and use the in- to speak on such an important topic. again a program that has had some formation to make public policy deci- We as Members of the House have successes, identified more than $1 mil- sions that ought to be made. several responsibilities. Perhaps one of lion in questioned costs and more than Included in all of this effort of keep- the most important responsibilities is $3 million in funds that could have ing the books correctly ought to be an to be a good steward of the people’s been put to better use. ongoing vigilance to watch out for money. We have to approve the budget Also from the same Inspector Gen- waste, fraud and abuse. Wasteful spend- every year, but we need to remember eral at the Department of Justice, in ing hurts, fraudulent spending is a that money comes from the hard- the same year, found nearly $1 million crime, abusive spending is a crime. working taxpayers of this great coun- in equipment purchased with grant Those folks should go to jail. I know try of ours, and so often I get frus- funds was unavailable for use because we have got some instances where that trated when people act as if that the grantees did not properly dis- is happening. But the cost of not doing money literally grows on trees rather tribute the equipment. They could not this means that legitimate recipients than being paid into our Treasury by even locate it or had not been trained for all of those programs have the risk people that are struggling to balance on how to operate it. That is $1 million of not being able to get the money, be- their checkbooks, to pay their mort- of taxpayer dollars spent on equipment cause it has gone in a wasteful manner, gages, to pay off their debts. We need that might be needed to enforce laws or in a fraudulent manner or in an abu- to be more responsible. The philosophy and bring safety to our communities sive manner, so that the taxpayers of should not be, if we can get it, then we that is being wasted because they do this good country are overburdened to should spend it. We need to be much not know where the equipment is or the extent that we do have waste, fraud more responsible than that. they have not trained their staff in and abuse within our system. I would like to share with my col- how to use the equipment. leagues here just a few of the most The Forest Service, another example b 1545 glaring examples of the waste, fraud, again from the Inspector General. The So I want to thank the gentlewoman and abuse in our Federal Government. Forest Service recently said they could for bringing this topic to the table Anybody who thinks that we need to not figure out why they spent $215 mil- today to let us have a chance to rant raise taxes to get rid of a portion of our lion out of a $3.4 billion operating and rave about it, to talk to our fellow debt or deficit has not paid attention budget, nor why the agency double- Members here in the House to try to to all the waste that is currently hap- counted $45 million of income. They help them with seeing how important pening in our Federal spending. double-counted $45 million of income it is as we go about this work to do I will give my colleagues a few exam- from other agencies. Think about that. that. ples. First comes from the National If any of us did that in our private So I thank the gentlewoman for her Park Service, and maybe my col- lives, in a business or in our check- bringing this topic up today and allow- leagues have heard of this one before. books, we would probably not only be ing me to speak. They spent up to $800,000, that number audited but may even be guilty of Ms. FOXX. Mr. Speaker, I thank the is not incorrect, $800,000 on an indi- charges, and yet here we have our own gentleman from Texas (Mr. CONAWAY). vidual outhouse. The Park Service government doing this, double-count- One of the wonderful things about spent $330,000 in design costs, and then ing income, not knowing how they having these programs and allowing they built this particular outhouse at spent $215 million of our money. different people to speak is that we get the Delaware Water Gap National Rec- I want to spend some time on Med- lots of different perspectives, and I reational Area with imported wood and icaid fraud. In 2002, a Wisconsin trans- think the Representative from Texas $20,000 cobblestone veneers, and that is portation company repaid $1.6 million has brought us the perspective of a despite the fact these toilets do not to Medicaid for multiple round-trip bil- CPA, and I think that is an excellent even work in the winter because the fa- lings for dead people and people in the perspective. We need more people with cility only has running water 6 months hospital. Think about that. They re- the kind of background that he has. of this year. This is according to ABC paid $1.6 million, had to repay that I want to say that I think we are ex- News. Think about that. Hundreds of back because it was found out they traordinarily fortunate to help us in thousands of dollars for an outhouse were billing the Federal program for putting a focus on this issue of waste, that only works 6 months a year. No providing services to dead people. fraud, and abuse that we have the wonder taxpayers are outraged and In my own home State of Louisiana, President having set the tone for us. they demand we do better. I had the honor of serving as the Sec- He said in his State of the Union ad- A second example. The Women, In- retary of the Department of Health and dress a couple of weeks ago, the prin- fants and Children program that is de- Hospitals; and back in 1996 and 1997, we ciple here is clear: taxpayer dollars signed to serve low-income mothers were facing some fairly large budget must be spent wisely or not at all. and their children who are at nutri- challenges. As we tried to overcome I think that that is absolutely the at- tional risk. Some wonderful successes, those challenges, we discovered it was titude that all of us must have at all and this program achieves some won- possible to cut hundreds of millions of levels of government, but particularly derful goals, especially in my home dollars of spending, even while we im- at the Federal Government level. We State of Louisiana. proved the quality of health care. all have to remember that we are in However, the $5 billion program an- Part of the way we did that was to the business of spending other people’s nually does no income verification of weed out the rampant fraud and abuse,

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.089 H17PT1 H780 CONGRESSIONAL RECORD — HOUSE February 17, 2005 even though the vast majority of pro- throwing Federal money at a problem mittee on Government Reform, on viders, those who needed it the most, a without putting in the right safeguards which I serve, have worked hard to try small number of people, abused that and accountability, it does not improve to identify fraud and abuse and ineffi- program, ended up wasting millions, if the quality of life for the people we ciencies, and I want to put up this in- not billions, of dollars in Federal tax- were elected to serve, but rather too formation to show people that if you payer money. often wastes taxpayer dollars. know of a situation where you know For example, we also had some chal- So the first thing we must remember there is waste or abuse or fraud, that lenges with nonemergency transpor- in this Chamber as we are responsible you will get in touch. tation providers. There used to be joke for appropriating the people’s money, You can get in touch, of course, with in Louisiana that it was sometimes we are responsible for representing your own personal Representative or hard to get a taxi because they would those that elected us here is we must Senator, but you can also get in touch all become nonemergency transpor- keep a vigilant oversight over these directly to the Committee on the Budg- tation providers. There were reports of Federal agencies, over these dollars et, wasteful spending, and there is an people being taken to shopping and being spent out of this Nation’s Cap- address here. The phone number may other errands and the State and the itol, because there is too much of an be a little bit hard to remember. It is Federal Government paying for this as opportunity for fraud, for waste, and (202) 226–9844. If you wanted to get in if they were medical visits. We, too, for abuse. touch with me, and guarantee that had reports of agencies billing the Fed- The second lesson that we learned something would be done or someone eral Government and the State govern- that we also were reminded of was too would follow up on it, my number is ment, providing services to dead pa- often there are those that have the at- (202) 225–2071. This is an issue about tients. titude that, well, I am simply spending which I feel very, very strongly and al- We used to have another joke in our somebody else’s money, why are you ways follow up on. State about dead people voting and worried about this. We confronted a I have a letter here that I received being accused of that happening in the provider who had been guilty of cheat- recently that I have passed along to past; and I used to say, I do not know ing the program, admitted he was the people in the State of North Caro- if they are voting, but they are cer- cheating the program, and he simply lina because of the concern, and this is tainly getting health care services in said, everybody else was doing it, I the kind of thing that we have to stop our State and we are paying for it. We thought I should do it as well. I cannot because all of us are paying for this. as taxpayers are paying for it. think of a sadder commentary when The letter says, I am a citizen of We had instances where we had lit- you think of the real genuine needs we Greensboro, North Carolina, and some- erally providers sending out vans to have in this country, the people that thing has come to my attention I just pick up children after school, and of- truly need help in their health care, have to make you all aware of. I have tentimes they were reputed to have the when you think of the needs we have to been watching a case of Medicaid fraud parents or offer the children candy bars continue to cut people’s taxes. for over a year now, and it has only or cigarettes for the parents or maybe We as an American people pay too gotten worse. I have called all kinds of $5 to bring those children to these Med- much in taxes as it is, and here you fraud lines in North Carolina, and no icaid mills where they bill again the have people whose attitude sometimes one seems to care or know who to di- State and the Federal Government for seems to be, well, that is somebody rect me to. So I have come to you. services they were not even being pro- else’s money, as if Federal money grew What I did was I passed this along to vided. They would literally run on trees, as if their taxes were not sup- the appropriate people in North Caro- through dozens and dozens of children, porting these Federal programs. lina. I do not have answers on it yet, billing thousands and thousands of dol- So I congratulate and I thank the but this is an example of really egre- lars for services that were never ren- gentlewoman for giving us this oppor- gious fraud, and I am sure there are dered. tunity to come here and shine a spot- lots of other examples, and my hope is We had an audiologist that billed the light on the abuses rampant in so that people watching us today will talk State for services even though he did many of our Federal programs, to give with their friends and let us know if not own the equipment needed to pro- us an opportunity to remind this there are other situations like these. vide those services. We had one hos- Chamber, to remind my colleagues of There is this woman that is a cer- pital paid even after it had closed its the importance of eliminating fraud, tified nursing assistant that is sup- doors, and we could go on and on about waste, and abuse. posed to be going into this home to these instances of abuse, of waste, of When we have serious challenges fac- give care to a 70-year-old woman. The fraud. ing our country, when we have the ob- CNA comes in for only 10 minutes, Perhaps two of the saddest things ligation to provide body armor and sometimes 30 minutes at the most, and about that, and I am proud we did supplies to our brave men and women goes to the ABC store for this woman eliminate that, we did get rid of those in uniform who are defending our free- and leaves. abuses which saved hundreds of mil- doms overseas, we have an obligation 1600 lions of dollars for the taxpayers, even to strengthen Social Security so that b as we improved the quality of health our parents, our grandparents, and our Sometimes she just goes inside and care. children will all be able to benefit from comes right back out. Immunizations went up. Louisiana this program in their retirement age. The woman works for an agency that rankings went up. People got better When we have got challenges with knows she is doing this, because at one quality health care. We gave senior the number of uninsured in this coun- time there was a complaint by a family citizens more control over health care try, we cannot afford to be wasting bil- member. The problem is that the State choices, even as we controlled spend- lions of dollars of taxpayers’ money. It of North Carolina is paying her for ing; but there were two lessons that I is not right, and it is something that services rendered in the amount of 4 learned from that. we must put an end to. hours daily at $9 an hour. This has been One, and unfortunately we were re- I want to thank again the gentle- going on for over a year and it has got- minded of the fact, simply throwing woman for giving me this opportunity ten even worse because, as of last year, money at the problem is not the solu- to shine the spotlight on what needs to the husband now is on Medicaid and he tion. Louisiana went from the late be done. is now receiving these same services. 1980s a billion dollar Medicaid program Ms. FOXX. Mr. Speaker, I thank the Now the hours have doubled but the to when we took over almost between a gentleman very much. care has not changed. $4.5 billion Medicaid program, spent all I think that comments from the ‘‘The CNA is not caring for the hus- of that additional money, almost 70 other two speakers are a perfect segue band and wife, only going to the ABC percent of which came from Federal into our presenting some information store. Sometimes she takes him to the taxpayers; and yet we still did not im- on how individual citizens can report grocery store. They only call the CNA prove our health ranking substantially. fraud and abuse to us. Both the Com- when they want to go to the ABC store. I think what that proved is simply mittee on the Budget and the Com- I think this is an expensive way for the

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.090 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H781 taxpayers to have to pay for taxi serv- duce and ultimately eliminate the def- wrongs. But for those cases in which it ices, because that is all she does. She icit. We must eradicate duplicative has gotten out of hand, I am proud we comes out of the house, laughing, after programs and hold government agen- have been able to pass some legislation being inside only 10 minutes. She is cies accountable for their spending to move toward curbing that abuse. laughing all the way to the bank at our practices. Another thought has occurred to me. expense. This is something I am very proud I know personally that we have courts ‘‘Please look into this situation very that Republicans are emphasizing more that need help. They are overworked. carefully because there’s a possibility and more, and that is to hold the pro- We have had the President renominate that this CNA may have added another grams accountable. As I said earlier, 12 candidates for the judicial bench in Medicaid person to her pay. The agency the President has said that if we are the Federal system. One of my friends that she works for is very much aware going to spend a dollar, it has to be and classmates from Baylor Law of this but they have done nothing spent well. School, Priscilla Owen, was nominated about it. She has brought in three I want to talk a little more about May 9 of 2001. She was abused to the ex- cases, and one of them has dropped be- some of the differences between the tent that she is going on 4 years now cause of the attention it was bringing. Democrats and the Republicans and without having an up-or-down vote, as ‘‘This needs to be stopped and very their attitudes toward holding down the law requires. soon. We’ve paid these people enough spending, but I would like to recognize There were a number of other judges money for nothing. The couple that is my colleague, another one of my col- who were nominated in 2001. It is an receiving these services are in their leagues from the State of Texas, for abuse and a failure to comply with the right mind and know this is fraud be- him to make some comments about oaths that were taken to vote up or cause I have told them this and they this very important issue. down on these people. Give them a continue to sign time sheets, false Mr. Speaker, I now yield the floor to vote. Their life is in limbo. It is a pure records.’’ the gentleman from Texas (Mr. abuse. And it has left courts un- And then she goes on to give the GOHMERT). manned. They need the help. names of the people receiving the serv- Mr. GOHMERT. Mr. Speaker, I want So one of the thoughts I had, and I do ices, and she also says that she has to thank the gentlewoman from North not know that I have ever really talked been threatened for doing this. She has Carolina for yielding to me. She is a to my colleague about this, but one of also given the information to news- dear friend, and I am glad to count her my thoughts is, where we find that there are courts, say for example the papers in Greensboro and Winston- as a friend. I appreciate this oppor- Ninth Circuit, who begin legislating Salem, but they have done nothing tunity. from the bench, obviously they have about it. ‘‘It is so crazy for dollars to As we know, there are many areas in got too much time on their hands. We be wasted and every year taxes go up.’’ which there is plenty of waste, fraud So I want that individual to know and abuse. We can look around and see have courts that just cannot get to their backlogs. They need help. that I have passed this along to the it for ourselves. One of the things I My thought is that it would help the proper agencies in North Carolina and I have felt more and more strongly system, help curb the waste and abuse, about that I would not mind seeing is a am expecting them to look into the if those areas where they have too moratorium on Federal building and case and make sure that we stop this much time on their hands, that we leasing here in Washington. Because waste of money. take some of their funding, take some Now, I want to go back to talking a the more that gets built in Wash- of their personnel, take some of their little bit about what our committees ington, the more that gets leased in benches and put them over in area are doing here in the Congress to deal Washington, the more bureaucrats it where they do not have time to legis- with this. I commend the efforts of the means back in our States, the more bu- late; where they are strictly a judicial gentleman from Iowa (Mr. NUSSLE), reaucrats back in our State capitals, body. Because they need all the help chairman of the Committee on the and then more bureaucrats have to be they can to take care of their caseload. Budget, and the gentleman from Vir- in our local districts. That is some- Let us move some of those people that ginia (Mr. TOM DAVIS), chairman of the thing I would sure like to work on. had the free time to start legislating Committee on Government Reform, for Now, having been a district judge and and started managing functions of the commitment they have made to a chief justice of the court of appeals, other groups and let us get their bench- eliminating waste and reducing the I am also quite familiar with other es, their assets, over in areas where budget. types of waste. I do think it is a waste they need the help. I think that would The gentleman from Iowa (Mr. and an abuse when we have three sepa- curb things greatly. NUSSLE), as chairman of the House rate branches of government and one I am also cosponsoring a bill. We Committee on the Budget, spearheaded branch decides to take the obligations have heard where some Federal funds, the effort to eliminate waste, fraud and of the other two branches and begins to Medicare, may be used to buy Viagra abuse during the last Congress and legislate as well as usurping some exec- for folks. Well, that has gotten a rise made great strides in identifying and utive functions. out of people here in Washington. That eliminating such spending. He pledged We have had courts that took on the is something we need to address. Fed- to find and eliminate one penny out of management of different things. We eral funds should not be for pleasure every dollar. have heard testimony about a court purposes. It is to help people that real- Now, that may not sound like a lot, that is trying to manage, and it has ly need help. So I am looking forward but it soon adds up. His commitment been going on for, I guess 9 years, with to us curbing that bit of waste and to deficit reduction should be ap- regard to the Native Americans’ abuse. plauded, and this is one of the mecha- money, and it is in litigation right Mr. Speaker, I appreciate the oppor- nisms that the Committee on the now. Courts have an obligation to get tunity to address a couple of these Budget came up with, is to establish cases to trial, to come to judicial con- issues, and I appreciate the gentle- this abuse line and abuse office so that clusions. They do not have the right woman’s yielding some of her time. I people could report it and have some- nor the obligation, for sure, to begin think that some of the judicial waste thing done with it. legislating or taking on the executive and abuse that has occurred should be The gentleman from Virginia (Mr. function of managing. We have seen far curbed because there are some really, TOM DAVIS), as chairman of the Com- too much of that. really, fine Federal judges. They need mittee on Government Reform, also re- Now, we have passed today in the help. We need to get them help and we minds us that the answer to the deficit House class action reform. Hopefully need to cut out the waste in those problem is not to merely cut off fingers that will make a difference in some of courts that have abused their situa- and toes, but what the Federal Govern- the abuse that has occurred in some tions. ment has to do is trim the fat. We have types of class actions. There has to be Ms. FOXX. Mr. Speaker, I thank my to, just like our constituents have a remedy for people who are wronged. colleague for his comments. done, tighten our belts and control the There has to be the availability of the As I said earlier, one of the nice amount of spending so that we can re- class action in order to remedy some things about having these events is

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.092 H17PT1 H782 CONGRESSIONAL RECORD — HOUSE February 17, 2005 that we get different perspectives from wasted, but this afternoon I would like These principles applied there, ap- different legislators and from different to offer a prescription for reform. The plied in business, need to be applied to parts of the country. solution is not simply removing regula- our agencies that are serving our citi- I think that Republicans feel very, tions, it is not simply identifying pro- zens as well. very strongly about what the President grams where we feel pain or see pain, it Once we identify those improve- has said, that we must spend tax- is, rather, we need to change as a gov- ments, we can accelerate them. Change payers’ dollars wisely or not at all. I ernment, as a people, and as regulatory will speed up. We have seen it applied have asked the pages to put these agencies, how we think about the in the medical arena; we have seen it charts up here again, and we will do it spending of this money, how these applied in factories, where processes right at the end of this hour once more, processes are run and, ultimately, how that took days and weeks can be re- so that we can make sure people know the citizens of the United States are duced literally to hours or minutes. It that there is a place they can write, best served. gives back flexibility, it reduces the there is a place they can call to report cost and the overhead that is necessary b 1615 abuse, fraud and inefficiency, and that to serve people, and ultimately pro- we will look into those. King Solomon said in the Bible that vides a better return to the taxpayer. I think Republicans are very much there is nothing new under the sun. Finally, once we have achieved that, committed to this principle. But, un- Successful businesses, successful serv- it is time to automate. So many times, fortunately, we are having to overcome ice organizations have applied prin- we have spent billions of dollars on an attitude that has been in existence ciples for decades that have cut bil- projects, system integrations in the for a long time in this country relative lions and billions in waste. They have government that have failed, that have to the spending of Federal dollars. The improved our ability to compete inter- never been implemented because people other day in a meeting of the Com- nationally and made many of our busi- never challenge their basic assump- mittee on Education and the Work- nesses and aid organizations the envy tions of why they were doing what they force, I was struck by a comment that of the world for efficiency and for effec- were doing, and they automated ineffi- one of my Democratic colleagues made. tiveness. I might add that these are in cient and ineffective processes. As a freshman, I had decided I was not the private sector. All that did to the agencies was allow going to make very many comments. I think there are several steps that them to commit error and increase But this comment just struck such a need to be understood, four key ones in waste more efficiently, which is an nerve with me that I had to speak up. bringing about any rational change to ironic contradiction. We have agencies He said that we were not spending our government. They are simply this: that do not communicate. In the Immi- enough money on counseling for people we need to identify, we need to sim- gration and Naturalization Service, for who were out of work in New York City plify, we need to accelerate, and we example, nearly 20 information sys- and that he wanted us to spend $750 need to automate. tems do not communicate with each million more on a program. He called To identify means simply that we other on the tracking of aliens. This is that a paltry sum of money. need to get to reality. We need to un- unbelievable in an age of connectivity Paltry means a very, very small derstand where these problems are be- when international organizations have amount. Insignificant. As I said, I had fore we can make a decision about real-time information around the not intended to say anything, but that what to fix or what to change. As we world. Major retail distributors can struck such a nerve with me, because I have seen so many times here in Wash- take the purchase of one single item on know that the American people think ington, knee-jerk legislation is often the other side of the world and have it that $750 million is not a paltry sum of the reaction to a symptom rather than documented in their system within sec- money. As one of our predecessors in the root cause of our problems. Instead onds of that transaction taking place the Senate said some time ago, ‘‘A mil- of helping people, it often creates prob- at a cash register. lion here, a million there, and pretty lems that hurt the very ones who are Likewise, we need to bring about a soon you’re talking about real money.’’ intended to be helped. I believe that greater level of connectivity to reduce So we have to adopt the attitude that the old saying, ‘‘The greatest source of waste. Another benefit that would even a dollar is real money. And when inspiration is desperation,’’ needs to be come from that is increased security as we have people who speak in a com- applied in our institutions. We need to our agencies are able to share informa- mittee and say that $750 million is a get beyond what we think the gov- tion more effectively. It also reduces paltry sum of money, their way of erning process is, how we think our error that causes increased costs and thinking is quite different from mine agencies work and understand how also increased anxiety and burden on and I think from the majority of the they really work, see what reality is American citizens who are depending Republicans in this House, and I am and see those opportunities to take on government services for their lives. glad to report that. steps out of the process, time out of I think that in the end we want to in- I know that we have some other the process, and resources out of the crease our capacity to serve our citi- Members that are going to speak on process. In the end, what it will do is zens without increasing the amount of this issue, and I want to recognize an- bring about great benefit when we get money that is being spent. Adding other colleague, who has a very famous to that reality. more money will simply add more name, the gentleman from the great That means simplifying. Over and problems in the long run because we State of Kentucky (Mr. DAVIS), to offer over again it has been shown that if we are not dealing with the root causes, his comments at this time. challenge the way we think, if we chal- Mr. Speaker. Mr. DAVIS of Kentucky. Mr. Speak- lenge our assumptions, we can assure, For example, 9 percent of the food er, I thank the gentlewoman for yield- Mr. Speaker, that we are going to stamp allocations or spending on food ing to me. spend the people’s money more wisely stamps are incorrect payments. Fun- I believe that our founders would and ultimately can increase service, in- damentally, that is nearly $3 billion in stand aghast if they saw the size and crease the breadth of service and re- wasted taxpayer dollars. By having the reach of the Federal Government duce costs. Our Armed Forces have some simple improvement to the proc- and how it has grown over two cen- shown that in the transformation they ess with real-time information sys- turies. Certainly times have changed, are undergoing where they are mas- tems, off the shelf, used today in the but the cost of government continues sively multiplying combat power, but commercial world, we could give that to rise. Archaic processes, lax account- keeping the size of the active military $3 billion back to the taxpayers whose ability and a lack of connectivity, and the same. money it is. often competing agendas on top of The Navy has shown with its carrier We also speed up the turnaround. In that, consume more and more dollars task force that it can actually take a our district as we have inherited a and waste untold billions of hard- carrier task force out of operation and great deal of Social Security claims, earned taxpayer dollars. actually increase the ability to project there is a great need and a necessity to My colleagues have shared horror combat power into a theater of oper- help our senior citizens, to effectively stories of how these dollars have been ations. keep our promise to them. They do not

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.094 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H783 need to be standing in line or waiting doing that. As people point out to us tem. Actually, he wrote me a letter for weeks or months for casework to be over and over and over again, one of and then came by to see me and he completed. Using state-of-the-art tech- the great things about having new peo- said, I am so glad that you brought this nology not only would we save the tax- ple come into government is that you to my attention. I did not know this, payer money but we could serve them bring in new ideas and fresh ideas and but we have a system whereby three effectively and nearly immediately. that you work at trying to get these different people had to approve this In closing, nothing is going to change accomplished. lady filling out a new form. This is a until we learn to see the ground dif- I think that our colleagues who came system already set. She is due the ferently. We need to observe opportuni- before us and especially as they have money. She is not asking for some- ties and zero in on them, orient on the been in charge have shown ways to cut thing she is not due. She is the inheri- thousands and thousands of small op- spending and they have done that. We tor of her husband’s retirement. So she portunities in government to bring have reduced the Federal deficit last is due the money. But in that system about improvement and change. We year. We have not cut spending because there, in the State government, con- need to decide that we are going to ex- there has been so much demand for trolled by the Democrats, they had ercise the will that is necessary to spending. We have a war to fight. The three different people who had to ap- bring about that improvement, and money that is being spent on the war is prove something that did not need to then we need to act energetically, per- appropriately being spent, but we are be approved at all. By my bringing this sistently, and patiently. To do other- having to overcome 40 years of prof- to his attention, he changed the sys- wise assures one thing, Mr. Speaker, ligate spending, and we are working tem to show that it would not have to that is, that this problem will grow, very hard to reduce again the waste be done that way. that Federal spending will continue to and inefficiencies in government. I challenged my colleagues in the I can assure you that there will be no grow, that the waste will continue to North Carolina Senate, anytime that let-up. As I said, I think that the Presi- grow and eventually strangle the someone came to them and com- dent has set the tone for this and I United States Government. plained, to follow the complaint to its think that you are going to see, par- If I were working in my former pro- source and to make sure that if there ticularly in this session of Congress, us fession, helping manufacturing compa- was a systemic problem that they working hard at making sure that we nies to compete, I would say that the changed the system. And I said to live up to what the President has said, United States Government, my client them, if all 50 of you once a year could that we are not going to spend a dime now, is sick and is filled with waste go to the source of the problem and or a dollar of the taxpayers’ money un- that can be taken away with simple change the system, we pretty soon less we can spend it wisely. principles applied to return to healthy Let me give you an example of some- would be cutting out lots of useless po- agencies, healthy fiscal status, and ul- thing that I was able to accomplish and sitions, because we cut out, in effect, timately to strengthen our agencies how I challenged my colleagues in the two positions or the handling by two and our ability to serve our citizens in State of North Carolina on my last people of that paperwork. So what we have to be doing is going the long run. Little by little, we can speech that I made in the North Caro- see the same kind of effective trans- lina Senate. I had been contacted by a into every single system and making formation that our military has gone family and this is a Democratically sure that we go to the heart of the through, that is coming out of the Cold controlled State, by the way, both at matter and we solve the problems at War era. There is nothing new here, the gubernatorial level and at the leg- the heart of the matter. That, I think, simply applying proven principles that islative level. This family contacted is the way we are going to do that. And other institutions have applied success- me and said this lady’s husband who I think that you are going to see a re- fully for decades. had retired from the Department of newed effort in this session of the Con- Mr. FRANK of Massachusetts. Mr. Transportation had passed away. The gress to go to the heart of the matter Speaker, will the gentlewoman yield? month he passed away, they got his and make sure that we are solving the Ms. FOXX. I yield to the gentleman check. They notified the retirement waste, fraud, and abuse. We are encour- from Massachusetts. system. They said, go ahead and cash aging citizens to get in touch with us, Mr. FRANK of Massachusetts. I the check and we will make sure that let us know where there is waste, thank the gentlewoman for yielding. I we show her as the beneficiary. She did where there is fraud, where there is have to say after listening to the gen- not get a check the next month. She abuse, and we ourselves, and I would tleman there in that strong condemna- did not get a check the next month. challenge you and every other Member tion of the current state of the Amer- She did not get a check the next of the Congress to do the same thing. If ican Government, the Republican month. She inquired as to why. Well, you have a constituent who has run Party has been in control of the Presi- she needed to fill out a form. She filled into a problem with the Federal Gov- dency, the executive branch and both out a form and sent it in, did not get ernment because they did not get Houses of Congress for more than 4 her check, contacted the people, they something taken care of at the right years, and yet the gentleman and oth- said, well, you filled out the form time, let us look at that and see where ers have talked in a very condem- wrong, you have to fill it out another there is waste in systems. natory tone. Are you not being a little way. But if you have somebody who tells hard on yourselves? If, in fact, things They called me on a Sunday after- you that there is waste and fraud, let are still so bad, what has the Repub- noon. On a Monday morning, I con- us go to the heart of that matter and lican Party been doing for the 4 years tacted the retirement system and I prosecute those people for doing things in which it has been in complete con- said, I want to know why this lady has that are wrong, whether it is on the trol of the government, not to mention gone for 4 months and not been able to part of a citizen or whether it is on the seven of the nine Supreme Court Jus- get her check. They said, we will look part of a Federal official. I think that tices appointed by Republican Presi- into it, and we will get back in touch that is something we all have to do. We dents? with you. So by Friday, they got back take an oath to uphold the Constitu- Ms. FOXX. Let me respond to the in touch with me and they said, she tion, and I think a part of that is to do gentleman from Massachusetts. The will be getting her check at the end of everything that we can to promote the Republicans have worked very hard al- this month. I said, you know, that is principles that we were elected to pro- ways at reducing waste, fraud, and not good enough. It is not good enough mote and that is a part of our responsi- abuse at all levels of government. I will that you are solving this one problem bility. give you an example of something that for this person. What I want to know Mr. DAVIS of Kentucky. If the gen- I did. I have only been here for about 6 is, why is the system broken? Tell me tlewoman will yield further, in re- weeks, but I can tell you that I am al- what is wrong with your system that sponse to the distinguished gentleman ready working on looking for ways to would allow this to happen. They from Massachusetts, the distinguished reduce spending in the Federal Govern- promised they would look into it. gentleman has a long and illustrious ment, and I can assure you that all About 3 weeks later, I had a visit career of leadership advancing the val- Members of the freshmen class are from the head of the retirement sys- ues of his party. He is widely respected

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.095 H17PT1 H784 CONGRESSIONAL RECORD — HOUSE February 17, 2005 nationally and certainly in his home minding me that that is something an incident he was involved in in North State. We have seen ample evidence of that we obviously ought to be talking Carolina. I now know more about that that expansion of government service about. particular aspect of North Carolina to serve his constituents. I respect the We not only want the citizens of this than I had ever expected to, but I do gentleman’s contributions to this body country to help us figure out ways to not understand how that in any way and its history. make the government operate more ef- explains why after 4 years of Repub- Yet at the same time, I think that it ficiently and effectively, but there is lican control of the White House and is important that we set aside partisan nobody better qualified to do that than the Congress, members of the Repub- rancor. This is not a Democratic prob- the great employees that we have, be- lican Party come here to denounce this lem or a Republican problem. This is cause they are there on the front line bloated Federal Government, over an American problem. It is important every day and they understand what which their party has presided over for that bureaucratic agendas be put aside, needs to be done and how we could do 4 years and promise to make it better that party agendas, partisanship and things differently. So I think that if we in the future. rancor simply moving for control over do have employees who could make I now want to turn to one of the im- debate and taking away that time for suggestions on how we could do this portant subjects now facing us, and it necessary dialogue be brought into the better that we should do it. is good news. I know people do not context of what the American people I want to point out again that we often come down here to talk about sent us here to do. have places that people can write and good news, Mr. Speaker, but I am very I believe that it is important in the call to let us know how they think that optimistic about the Middle East. We remainder of the time that we have be- we can do things better, especially in have an excellent chance, I believe, if fore the gentleman speaks that we look the area of waste, fraud, and abuse, and we all work constructively, to end one at the problems that are being faced I hope that they will take note of these of the conflicts that has caused consid- today. As you so effectively pointed places and be in touch with us. erable anguish and misery and the loss out in those examples, our citizens on f of human life, and that is if we are all the street have seen over and over PEACE IN THE MIDDLE EAST constructive, there is a chance. I guess ‘‘optimistic’’ was too optimistic, but I again examples of waste, examples of The SPEAKER pro tempore (Mr. fraud, examples of abuse. feel better about this prospect than I POE). Under the Speaker’s announced have in a long time, namely of there b 1630 policy of January 4, 2005, the gen- being within reach of an agreement be- tleman from Massachusetts (Mr. Much of the waste, the majority of tween Israel and the Arab world, par- that waste, is not ill-intended. We have FRANK) is recognized for 60 minutes. Mr. FRANK of Massachusetts. Mr. ticularly the Palestinians, that can thousands and thousands of very dedi- lead to peace. I want to talk a little bit cated civil servants. I have met very Speaker, before I proceed with the sub- ject of my own Special Order, I want to about that. few in my entire career of public serv- Particularly I want to talk about continue the discussion I tried to have ice, whether in the military or in gov- what those of us not directly involved and it became kind of one-sided when I ernment, who were not dedicated and can do, or, more clearly, as I will point committed and worked very hard. was not recognized to continue it. The gentleman from Kentucky par- out, what we can refrain from doing. Rather, the issue that I was addressing, ticularly interested me because he ob- Peace will have to be made by the which the gentleman missed, was the jected to my introducing a note of par- Israelis and the Palestinians them- issue of process, processes that have tisanship. But I did not. It was the gen- selves. grown up, processes that are not con- tlewoman who had the floor who talked Two developments recently have nected, processes that do not commu- about the Republican way of doing made that possible. One, the death of nicate effectively. These are not par- things. When they were talking about Yasser Arafat. Those of us who have tisan issues. These are simple issues of it and boasting about the extent to long believed that Yasser Arafat was accelerating the ability to make deci- which they were going to end these an obstacle to peace and, in fact, the sions more effectively and to reduce wasteful practices, they talked about it enemy of the best interests of the peo- costs. as a Republican proposal. When I asked ple he represented, I think that has I thank the gentlewoman from Colo- why the Republican Party had allowed been vindicated. People have debated rado for yielding to me. this apparently to happen for 4 years, back and forth Arafat’s role. I think Ms. FOXX. Mr. Speaker, I appreciate suddenly nonpartisanship popped up. the fact that we are in one of the best his pointing that out again. That obvi- The fact is that the gentlewoman’s moments we have been in in the his- ously was something that I was trying premise was repeatedly, explicitly, tory of that troubled area is because, very hard to point out, was the fact there is a different Republican way. not since, but because of his death. that we are trying to improve the sys- The fact is that the Republican Party That speaks to the historical record. tems, improve the processes. And I has controlled the entire Federal Gov- And I join with people in the Israeli want to thank the gentleman from ernment since 2001. The gentlewoman Government in their willingness to rec- Kentucky for pointing out the fact said, what about 40 prior years that ognize the courage and commitment of that most of the employees of the Fed- they had to deal with? I think she is the President now of the Palestinian eral Government, indeed the States being a little hard on Ronald Reagan. Authority, of Mahmoud Abbas, and I and local governments, are very dedi- Ronald Reagan, of course, was Presi- share the view that a major difference cated people who want very much to do dent for 8 of those years. He never ve- is that he has succeeded Yasser Arafat. their jobs well, and that sometimes toed a spending bill; so apparently he The other major change has been the what we need to do is lead them in the thought the spending levels were ap- evolution of the views of the Prime direction of doing things better than propriate. And it was not just Ronald Minister of Israel, Ariel Sharon. I we have been doing them. I know very Reagan, but for 6 of his 8 years, the should say at the outset, if I were an often we lapse into a way of doing United States Senate was Republican. Israeli citizen, I would not vote for something that may not be the best Then we had 4 years of George Bush, Ariel Sharon. I do not think that is too way of doing it and it just continues the father of the current President. So harsh. If Ariel Sharon lived in Massa- that way because nobody has suggested we come back to this: The Republican chusetts, I do not think he would vote doing it differently. Party has had very strong control of for me. What we have, however, is a I think one of the great things that the entire Federal Government for 4 man whose views, from my standpoint, we could do in this Congress and in fu- years and apparently it is still ridden are further to the right than I would ture Congresses is to go to our employ- with waste, riddled with abuse, and like, but who has done an extraor- ees and ask them to make suggestions bloated, because we have these Repub- dinarily courageous thing in recog- on ways that we could save money in licans who just spoke, boasting about nizing a central truth, central to the the Federal Government and make it how they will change it. survival in its best form of his own operate more efficiently, and I thank The gentleman from North Carolina country, central to the prosperity and the gentleman from Kentucky for re- did give us a very interesting history of quality of life of his own country, even

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.096 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H785 though recognizing that truth contra- could argue that no state should be a orous, even virulent criticisms of the dicted some of his own past political religious state, but I do not know any- Israeli Government in power, go to the history and in particular many in his one in the world who consistently Knesset, go to Israel. There is certainly own party. holds that position. Certainly in the nothing remotely anti-Israel about We who are in politics like to talk Middle East, a large number of the being critical, any more than my say- about how courageous we are when we states are religious states. They are Is- ing that I deplore the Iraq War and I stand up to our enemies. People boast lamic states. Iraq, the predominant feel every day that I was right to vote about the fact that I defied them, I party of the last Iraq election, which against it. I do not think that makes stood up to them. I remember the great we consider to be a great triumph of me anti-American. And I do not think book by A.J. Liebling, the Earl of Lou- democracy, they are committed to an it makes me anti-Israel to say that isiana. He noted how fiercely Earl Long Islamic state. There is debate about some aspects of the occupation were repudiated the support of the Com- how strictly they will hold to it. wrong. It is, in fact, an argument munist Party and of the NAACP at So objecting to Israel being a Jewish against the continued occupation that times when neither one of them was, of state, especially given the history of it is almost impossible for one nation course, interested in supporting him, the Holocaust, given the lack of a place physically to occupy another group of when they were both unpopular, to which Jews could go when their people and be fully respectful of human though with widely different justifica- lives were at risk, to quibble about rights. One does not send young people tions, it seems to me. Israel being a Jewish state, when we do into these kinds of difficult situations Standing up to one’s enemies is not not at all object to the proliferation of or middle-aged people, for that matter, only easy for most of us in politics, Arab states, clearly is not a morally and put them in situations where their and, frankly, it is certainly true in coherent position. It can be dis- lives are at risk and their safety is en- America, standing up in politics is gen- regarded. dangered and have them act as if they erally the best way to raise money. So it is valid for Israel to be a Jewish were all members in good standing of People are always praising their own democratic state, and to do that it the Civil Liberties Union or the equiva- courage by standing up to people who must not rule over millions of Pal- lent Israeli organizations. have been opposed to them in fund- estinians, or at least it should try hard 1645 raising letters. The hard thing in poli- to avoid it. Because I should say while b tics is to stand up to one’s friends. The I hope very much that we get a solu- But the point is central. It is impor- hard thing in politics is to tell people tion in which Israel withdraws from all tant for Israel to try very hard to with- whose values they share, whose tradi- of Gaza and most of the West Bank, I draw. And it does now seem that you tions they come from, the people who think it is reasonable for Israel to con- have, in Abbas and Sharon, leaders who are aligned with them on most issues, tinue to have some of the places, an ex- are prepared to do that. Each dealing the hard thing is to say to them on this panded Jerusalem, with some ex- with dissidents, the dissidents that I think they are wrong, in this I think changes of territory that work that Abbas has to deal with, seem to me far in our own best interest we have to out. I think that is the goal. worse in many ways than those Sharon rethink it. I should add that as I look at this has to deal with. I do not mean to And Ariel Sharon has done it, and he historically, I do not blame Israel for equate Hamas and the conservative ele- has done it, along with others. The the fact that it has been in occupation ment in the Israeli Knesset, but both number two man in the government, of those areas. Indeed, if the Arabs had leaders have got to be willing to meet the former mayor of Jerusalem, Ehud in 1948 accepted the U.N. resolution, with each other and negotiate with Olmert, deserves a lot of credit for this, there would today be an Israel much each other while dealing with some of for articulating this. smaller even than the pre-1967 Israel. their own more extreme followers. And here is the central truth that And if before 1967 the Arab states had The question then is, what should the they have articulated, which is that for not engaged in their warfare against rest of us do about it? And one of the Israel to be a Jewish democratic state, Israel, the 1967 war would not have pro- things that we can do is to refrain from it cannot continue to preside over mil- duced the expansion of Israel. causing harm. This means that the lions of Palestinians who live in Gaza Indeed, if the Arab states really, Arab leadership, the Egyptians and the and in the entire West Bank. If Israel genuinely, sincerely, had wanted from Saudis in particular, because the Jor- continues to be the ruler over lands in the outset a nation known as Palestine danians have been more constructive, which so many millions of Palestinians occupying the lands of Gaza and the and hopefully the Syrians, but that is live, because there is also a significant West Bank, they could have created probably a hope too far, that they will number of Palestinians within Israel, one. Gaza was controlled by Egypt and do everything that they can to restrain then Israel has two choices: Either in- the West Bank by Jordan until 1967. those elements within the Palestinian definitely it does not allow them to They could have created such a state. community who believe that murder is participate politically, in which case Israel might have been angry. Cer- still a good idea, and who in fact want its own democracy will be jeopardized; tainly early on in the years, Israel to engage in violence precisely because or it allows them to vote and it will would not have been able to do any- they do not want to see a solution not continue to be a Jewish state be- thing about it and probably would have which would have an Israel and a Pal- cause it will not be the Jewish major- been restrained by others from trying estine side by side. ity they need. They do not need a ma- if they had been so inclined. So I do be- And let us be clear. There will be peo- jority only. They need a large enough lieve that the occupation was pro- ple, particularly in the Palestine area, majority so that divisions within the voked. who will try to undermine this, who Jewish population are not going to be Having said that, I have been some will try to, by murdering others, stop fodder for a very large minority. critical of some aspects of it. I do not this. They must not be allowed to suc- And let me just address now those think that the Israelis have always in ceed. This will call upon the Israelis for who have begun to say, wait a minute, the course of the occupation been as re- some restraint. we should not have a Jewish state. Let spectful of their own traditions and Understanding that there are mur- us have a binational state. People who values as they should be. derers who will kill, because they want argue against a religious state, when Let me deal here with the notion to kill individuals as a part of killing we are talking about Israel being a that says, well, wait a minute, if one is the peace process, means that you can- Jewish state, do not have a great deal criticizing Israel, somehow that must not let them succeed, and that allow- of credibility when they see no problem mean they do not support the country. ing their violence which will undoubt- with the existence of a number of very We should be very clear. Criticism of edly, unfortunately, succeed to some strict Islamic states. specific policies of any Israeli Govern- extent, allowing that to derail the How can we accept the existence of ment, at any given time, in no way im- peace process gives them a greater vic- the theocracy of Saudi Arabia and then plies that someone is anti-Israel, much tory than even the one they get if they object to a Jewish state in Israel? less anti-Semitic. Indeed, if people are able to kill some innocent people. Ideally, I suppose, there are people who want to hear at any given time, vig- That has to be resisted.

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.099 H17PT1 H786 CONGRESSIONAL RECORD — HOUSE February 17, 2005 But the Arab world has got to be Israeli legal system that there have No one denies, I think, that the fully supportive of Abbas and help pre- been a number of occasions when un- Israeli defense forces are as effective a vent what goes on in the area of terror. fair denials of the human rights of military fighting force as exists in the And this will be particularly a chal- Arabs in the greater Jerusalem area world. They have had to be. And the lenge with regard to Syria. were denied by policies, and frequently fact that this fighting force has gay Another thing people can do, and this they have been reversed. So I think and lesbian people serving openly with- leads me, the mention of Syria leads that is legitimate to be critical of that. out any negative effect on morale is me to this, people can stop the unfair But people go beyond that. I am a not only an important argument, but it demonization of Israel. I have said I man of the left in American politics, I ought to get some recognition from think the Israeli occupation ought to think to some extent in the world. And those on the left who have been so crit- end. I agree that in the course of the by every value that motivates me to be ical. occupation, Israeli personnel have done in politics, the Nation of Israel is by It ought to be possible to be critical things they should not do. That hap- far the superior nation in the Middle of some aspects of Israeli policy with- pens, I think they have not always East. There is no value by which those out condemning Israel as a nation, de- been as tough as they should be in pre- of us on the left measure societies and nying its right to exist. And it cer- venting it. governments where Israel does not far tainly ought to be possible, if you are But the Israeli occupation of Gaza exceed any of its neighbors. going to be critical of some things that and the West Bank does not seem to If you are an Arab, and you wish in Israel does, to take note of the far me to be the worst occupation by far in the Middle East to be bitterly critical worse things, in virtually every cat- the Middle East. The occupation that of the government which presides over egory in which Israel is criticized, that is enduring, far less justified, and ap- you, you are probably better off living are done by its neighbors. parently open ended, is the occupation in Israel than in Egypt, Syria, Jordan So there are things that the Euro- of Lebanon by Syria. or Saudi Arabia. peans can do and that the other Arabs Remember what happened? Lebanon I should note one other thing which a can do to strengthen the hand of those was, outside of Israel, the only nation whole lot of people do not want me to in Israel, who now include the Prime in the Middle East that qualified as a talk about. But one of the things the Minister, who are prepared to tell some democracy. And it was a multi-reli- Nation of Israel does is to offer refuge unpleasant truths to some of their peo- gious democracy. It was a democracy to gay Palestinians who face severe op- ple, who are prepared to give up terri- in which Christian and various Islamic pression and who fear death if they tory won in a war that they considered sects coexisted. And then the PLO was stay in the Palestine Authority once a defensive war, countries do not al- expelled from Jordan. And the PLO was they have acknowledged being gay. ways do that, restore these lands to not welcome in any Arab country. So And the Nation of Israel, true to its people who have been their enemies, they went to Lebanon, because only traditions, true to its own experience and allow a Palestinian state. I think Lebanon, a thriving, commercial demo- of the lack of a haven for an oppressed that is in Israel’s interest and it is in cratic society, was too weak to keep people, provides a refuge for some of the rest of the world’s interest to allow them out. those gay Palestinians. And so first the PLO come into Leb- that to happen. I am critical of some aspects of reli- But there are also things that friends anon, and that caused great turmoil in gious domination in Israel. But by no of Israel should refrain from doing, and Lebanon, and then Syria used that as standard does Israel fall anywhere but that brings me to this Chamber right an excuse to take it over. We recently number one in all of those categories. here, Mr. Speaker. saw the murder of a Lebanese patriot So when people on the left condemn Explicitly, I think we should resolve who was a critic of Syrian domination, Israel and leave out of the account the that those on the right wing in Israel and we do not know who did it. But I fact that it is democratic, not just who object to Prime Minister Sharon’s have no reason to disagree with the ap- democratic, there is one aspect of decision to withdraw from Gaza and to parent view of our administration that Israeli society which I think all defend- begin a withdrawal from the West Syrians are the likeliest culprits in ers of civil liberty and freedom ought Bank and to begin a process that we this murder, and certainly Syria has to be particularly grateful. Israel, throttled the one democracy that ex- hope will lead to a Palestinian state, through no fault of its own through isted in the Arab world, and Syria con- we have got to be careful that they do 1948 on, throughout its entire exist- tinues to be a destabilizing force. not win in the United States House of So one of the things that we have to ence, has been under assault. It has Representatives what they have lost in do if we are to get this peace is to put been assailed by enemies. the Knesset, because they are going to pressure on, and this is something that Despite living in that difficult situa- try and they will, unfortunately, have the other Arab states have to take the tion, it has remained a vibrant democ- allies here. lead in doing, to restrain Syria from racy. Those who believe that democ- We have a history here of people in encouraging the murderers. racy is somehow a luxury for the pros- this body and in American politics tak- Similarly, our European allies have perous and the secure have to cope ing the overwhelming support that ex- been working with Iran, and yet they with the example of Israel; Israel, a ists for the Nation of Israel’s existence are trying to restrain Iran from nu- country which has been a vigorous and and for Israel’s general cause and ma- clear activity. But Iran must also be vibrant democracy in the face of these nipulating this in ways that I think are restrained, if they can do this at all, assaults. intended to have a negative effect on from financing the terror or Hezbollah By the way, just to revert to an ear- the chances for peace, but certainly and the murders of Israelis. And this lier topic, Israel is also a country in can have that. means that the Europeans ought to which gay men and lesbians are al- Let me give you one example. In 1995, stop the unfair and excessive demoniza- lowed openly to serve in the military. I believe Prime Minister Rabin was tion of Israel. Now, I know some who defend our ter- still alive, Bill Clinton was the Presi- I am critical of some things that ribly unfair and inefficient policy of dent and the Labor Party was in power Israel has done. I thought the recent kicking gay men and lesbians out of in Israel and Oslo had been signed and decision by Natan Sharansky, a man the military and not letting brave and there was a genuine effort to bring who was a great hero himself in his able young men and women serve our peace in the Middle East. It ultimately own light, a decision to say that Arabs country. They say, well, if you allow failed. I think the murder of Yitzhak who could not get to their land in Jeru- these people in there, it would some- Rabin by right-wing extremists in salem should lose that land, when the how undermine morale. And we say, Israel was one of the reasons. But Ara- reason they could not get to the land ‘‘Well, other militaries don’t do that.’’ fat’s ultimate unwillingness ever to was that they were physically pre- They say, ‘‘Well, yeah, but what are make peace was a greater reason. vented by Israel for doing that; that you talking about, these other mili- But while there was a serious effort was a terrible thing. taries?’’ They kind of dismiss these to bring about peace, this House of I was glad that the Attorney General other militaries as not being really Representatives passed a resolution overruled that. It is a credit to the combat forces. brought forward by the majority, the

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.101 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H787 Republicans, to demand that the tion to what ultimately should be the Israel sentiment in the rest of the United States Embassy be moved from Palestinian’s result in this process. world, particularly in Europe, is unfor- Tel Aviv to Jerusalem. Now, I believe It stated the legitimate concerns of tunately growing. You have an elected that Jerusalem ought ultimately to be Israel, and it left silent some of the Prime Minister who is offering to give recognized as the capital of Israel for a concerns of the Palestinians. Of course, up significant territory. And I think it variety of reasons, and I believe as part it came before us unamendable and you is important that he do that. I think it of the peace process it will be. had to vote yes or no. This is the kind is important that he give up Gaza and But to raise that issue at that time of dilemma we had. almost all of the West Bank. I think it was intended to undermine the peace I hope we will now determine, Mr. is also important, by the way, with re- process. Do you know how I know that, Speaker, that the Members of this gard to the wall that Israel is con- Mr. Speaker? That was in 1995 when House will not be put in the position of structing, that Israel follow its own Bill Clinton was in power in the White voting on an unamendable resolution high court. House and the Labor Party was in with only 40 minutes’ debate which will Mr. Speaker, last year, we had two power in Israel, and they were trying be the truth, nothing but the truth, but examples of the judiciary and democ- to make peace. At that point, the not the whole truth, and which will racies acting at the finest tradition of Likud Party, the conservative party, perhaps be designed to undercut the the judiciary. I know it is fashionable, opposed those peace efforts. peace process. particularly on the Republican side of So when the Democrats and Labor the aisle, to beat up the judiciary, b 1700 were in power, this House was asked to seven of the nine Supreme Court Jus- pass a resolution to move the embassy. I mean that quite seriously. We know tices of course being Republican and, in I voted ‘‘present,’’ because I think the there are people who do not think fact, Republican appointees. In fact, if embassy should ultimately be moved, there should be two States. There are we want to make a list of laws stricken but I objected to the timing. I could people who think Israel should not by Supreme Court Justices, the very not say no; I did not think it was the withdraw from Gaza and the West creative jurisprudence by Justice right time to say yes. Bank. Scalia on the 11th amendment, which But overwhelmingly it passed, be- Let me deal with one of those argu- he has used to strike down a whole cause people here believe in Israel’s ments, by the way. There are some range of antidiscrimination laws en- cause and believe the embassy ought to within Israel and within the United acted by the Federal Government, he be in Jerusalem. But it was not the States, some orthodox Jews, some very would be in first place, I believe, along right time to do it. And people knew deeply believing Christians, who be- with Clarence Thomas in striking down that, because in 2001, when things had lieve that the authority for Israel to laws. changed and you had a Republican continue to rule in the West Bank par- But the overwhelming majority of President and Likud in power, you ticularly and, in many cases, Gaza, the United States Supreme Court, 8 to know what you did not see, Mr. Speak- comes from the Bible. Mr. Speaker, the 1, and the high court in Israel in the er? You did not see the moving trucks Bible is a document worthy of vener- same week said to their government, going down the highway from Tel Aviv ation, but it cannot be taken as a map you know, we understand you have to Jerusalem with the American Em- for dividing up territory today. problems. You have security, but you bassy’s furniture in it. Those of us who have been critical of cannot let that be a basis for ignoring In other words, when the Labor and Islamist fundamentalism, who have basic human rights. In America they the Democrats were in power, moving been critical of those who would use said, no, Mr. President, you cannot just the embassy to Jerusalem was used to the Koran to control the lives of others lock up any American citizen you want destabilize the situation. But when the cannot then say, but it is okay to take for as long as you want to on your own Republicans and Likud were in power, the Bible, the Old Testament, and let it say-so. It was a very important 8 to 1 have you heard of any of that since? be the map that governs modern soci- decision, only Thomas believing that Have we passed such a resolution ety. That has to be repudiated, just as the Federal Government can do what- since? No. Not because people do not efforts to impose any other particular ever it wants whenever it wants to, but think the capital of Israel ultimately religious tradition on people who do the other eight said no. should be Jerusalem, but because they not subscribe to it must be repudiated. The high court in Israel said, yes, recognize that it is an inappropriate Now, it is important for America to you can build a fence for security, but time and place to do that. show its support for Israel, the Israeli you cannot build it in a way that vio- I hope we will not see more of that. people. It is a democracy. They are lates other people’s rights. And I think We have not recently, partly I think being asked by vote to give up terri- that is very important. A fence for se- because the Israeli Government asked tories they conquered in wars they curity, yes. A fence that unfairly cuts them not to. I will tell you, when the thought were wars of self-defense. They off Arabs from their land and inflames Israeli representatives of Prime Min- have already done some of that. They passions, that is not in Israel’s inter- ister Sharon came here in 2001 during have given up the Sinai. They have est. It is in Israel’s interest to put an the Bush administration, I asked them now announced they are giving up end to this war, to let the Israeli peo- if there had been conversations about Gaza. They came very close, under ple live in peace. acting on that resolution and moving Prime Minister Barak, to giving up Israel has done marvelous things the embassy. They were not pleased most of the Golan Heights; but they with its economy. It has done that with the question and said no very were not able to make a deal with the while having to pay a higher percent- shortly. Syrian regime. That is the fault of the age of its gross domestic product to the But that is not the only thing we Syrian regime, a hard-line regime that military than any society in recent have done of this sort. We have passed has recently, I think, shown its ir- times. Think what marvels it could resolutions here, we passed the one last reconcilable side. But you are not perform, think what it could do for the June, I believe it was, House Concur- going to get those votes in Israel if the quality of its own life and for the lives rent Resolution 460, we passed it June Israeli people do not feel secure, and of others if it were able to reduce, not 23. I voted for it. I was a little troubled. they will not feel secure without first abolish, but reduce that military bur- I agreed with everything it said, but I the strong support of the United den. also agreed with some things it did not States, but they also will not feel se- So, Mr. Speaker, I hope we will say say. I agreed with most of it. cure in the face of unremitting and un- that what President Abbas and Prime It, I think, suggested that perhaps fair hostility from the rest of the Minister Sharon are trying to do is Israel should not have to withdraw world. reach an agreement whereby two states from most of the West Bank, and I Israel was created by the United Na- can live side by side and in which Israel think that would be fatal to the peace tions, but today it is prohibited from can have a Jewish democratic major- process and therefore damaging to full participation in the U.N. the way ity, with an expanded Jerusalem, with Israel’s own legitimate best interests. other countries can, by participation in some of the areas in the West Bank But it did not give sufficient recogni- regional blocks. And some of that anti- that have been settled, but with most

VerDate Aug 04 2004 02:12 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.102 H17PT1 H788 CONGRESSIONAL RECORD — HOUSE February 17, 2005 of the West Bank and all of Gaza being give up the territories where the Pal- painful sacrifices; we think they are in part of a viable Palestinian state. estinians live, but bring the Palestin- your long-term interests, although I was very pleased in Switzerland at ians into Israel. That does not work. they will be short-term difficult. the World Economic Forum when So, clearly, there should be some com- That means getting out of Gaza and Shimon Peres said, well, one of the pensation. But it should not come from almost all of the West Bank, not mis- things we have to do right away, now America alone, and here I think we treating Palestinians, defending your- the vice premier of Israel, is to ease the have a right to say to the Western Eu- self, but defending yourself with the ability of people to send goods from ropeans, you have been very critical; full understanding of the importance, Gaza to the West Bank, and he said, we there ought to be participation by the not just morally, but politically, of not are going to spend some money to do Western Europeans. I was glad to hear doing anything that exacerbates, not that; and I am glad they are doing it. Vice Prime Minister Peres say the appearing to be doing things for the I should have added, Mr. Speaker, World Bank is participating in this. purpose of seizing land rather than for there is one other thing we can refrain So that is where we are, Mr. Speaker. protecting yourselves. If we are pre- from doing. We in this Congress can re- We should recognize that two men, pared to be fully supportive of the frain from trying to stop money from Mahmoud Abbas and Ariel Sharon, Israelis during that and recognize the being sent to the Palestinian Author- have committed themselves to peace. importance of fair treatment for the ity. The Israeli Government wants to And I do not mean to equate them; Palestinians within the context of do that. Recently, in December, we had there are great differences in their complete security for Israel, then we an effort here by some to say no, no, we backgrounds and histories, but they have a real chance. are going to criticize the United States are both in this position now. They are So, Mr. Speaker, let me just say in Government for sending money to the both moving in opposition to some closing, there is a lot of urging for us Palestinians. If we are not prepared to with whom they have previously been to do; but, in particular, I want to send money to them, it will not work. allied to some who have formed their make this clear now: what happens in As long as Abbas is trying as he is, yes, political bases in different ways, a some of these resolutions that come we should be sending money to the Pal- more violent one in the case of the Pal- forward, like the one on moving Jeru- estinians. estinians, a more democratic one in the salem, we do not have enough time to I was pleased, and I do not mean to case of the Israelis. debate them; we only have 40 minutes. be entirely negative about the Con- They are prepared to break with I want to announce now, and I hope gress, I was pleased that when the so- them and to do what democratically others will join me, we are not going to called REAL ID Act, the REAL ID Act elected officials do not always do, be quiescent if politically motivated was the bill sponsored by the chairman which is to say to their people we have resolutions come forward which will of the Committee on the Judiciary to give a little; we have to give up have the effect of causing troubles in which dealt with asylum and driver’s some. We are not that good at that the peace process. licenses came forward, there was ini- around here. When other people are I am a strong believer in the impor- tially a provision that said that people prepared to tell their people to make tance morally and in other ways of a who belonged to the Palestinian Lib- sacrifices, I think we ought to under- vibrant, free, and democratic Israel. I eration Organization could not come to stand how important that is and be want to do everything I can to promote America. Well, we are in the process of fully supportive. that, and I think the best way to do sending them money. We are in the That means no resolutions here that is to create the conditions in process of negotiating with them. That which are designed or will have the ef- which Abbas and Sharon are able to was a very bad idea. It was dropped, fect of unsettling things and making come to a genuine agreement, which and I am glad it was dropped. That is things harder. Mr. Speaker, I think will mean a viable, independent Pales- the kind of thing that never should that the Israeli Government and the tinian state in Gaza and most of the have been even, I think, considered. Palestinians will be able to make West Bank, and a secure, democratic We need to understand that for the peace, if they can, with no help from Jewish Israel with Jerusalem as its Israelis and Palestinians to make resolutions from this House. Yes, we capital. That is now within our reach. peace, America must be seen as a will- should be willing to provide funding, Not our reach, their reach. What we ing facilitator. That also means we are funding to continue to support the have to do is to be supportive and to going to have to spend some money. We Israelis’ necessary self-defense capac- restrain any political impulses to un- are going to help spend money to relo- ity, funding to help relocate settlers, dercut that situation. cate the settlers. We are going to help funding for the Palestinian Authority. Mr. Speaker, I cannot think of a spend money, I believe, to compensate But I think they do very well without more solemn obligation or important Palestinians who will not be returning a lot of politically motivated resolu- task for us going forward. to Israel. And let me make what I tions coming out of this place. And I think is a very important point that hope that we will refrain from doing f has to be explicit. that. The basis on which Prime Minister I hope that the Arab world will fully SPECIAL ORDERS GRANTED Sharon and his allies within his party support Abbas as he cracks down on By unanimous consent, permission to and the greater majority of the Israeli those people who want to use murder address the House, following the legis- people, the basis on which they are to kill the peace process. I hope that lative program and any special orders willing voluntarily to give up this ter- the Europeans and others will get a lit- heretofore entered, was granted to: ritory that they won is essentially the tle more balanced in this and not re- (The following Members (at the re- need for Israel to be a Jewish demo- gard the democratic nation of Israel as quest of Ms. WOOLSEY) to revise and ex- cratic state in which there will be a the arch villain while, apparently, not tend their remarks and include extra- sufficient Jewish majority, a sufficient being too concerned when the Syrians neous material:) majority that believes in the State of continue to oppress Lebanon. Mr. BECERRA, for 5 minutes, today. Israel, so that they can have the nor- I hope that the American Govern- Mr. SCHIFF, for 5 minutes, today. mal give-and-take of a democracy, ment, and I must say I think the Bush Ms. WOOLSEY, for 5 minutes, today. which Israel alone in that area has, and administration was absent more than Mr. PALLONE, for 5 minutes, today. not have it jeopardized. it should have been, but with the death Mr. BROWN of Ohio, for 5 minutes, That means getting out of Gaza, it of Arafat we have this opportunity. today. means getting out of most of the West And the opportunity should be to work Mr. DEFAZIO, for 5 minutes, today. Bank, and it means no right of return, with those people in Israel, Prime Min- Mr. CUMMINGS, for 5 minutes, today. physically exercised by the Palestin- ister Sharon, Shimon Peres, Ehud Mr. BLUMENAUER, for 5 minutes, ians. Because how does it advance the Olmert, and others, because they rep- today. cause of having a Jewish democratic resent the majority in Israel, to say, Ms. CORRINE BROWN of Florida, for 5 state with a majority in Israel who be- look, we will be at your side. We under- minutes, today. lieve in a Jewish State of Israel, if you stand you are being asked to make Mr. MOLLOHAN, for 5 minutes, today.

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.103 H17PT1 February 17, 2005 CONGRESSIONAL RECORD — HOUSE H789 (The following Members (at the re- FV01-926-1 FR] received February 4, 2005, pur- pound Emissions from Consumer Related quest of Mr. GOHMERT) to revise and ex- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Sources [R06-OAR-2005-TX-0001; FRL-7871-7] tend their remarks and include extra- mittee on Agriculture. received February 8, 2005, pursuant to 5 851. A letter from the Acting Adminis- U.S.C. 801(a)(1)(A); to the Committee on En- neous material:) trator, Agricultural Marketing Service, De- ergy and Commerce. Mr. OXLEY, for 5 minutes, today. partment of Agriculture, transmitting the 861. A letter from the Principal Deputy As- Mr. CAMP, for 5 minutes, today. Department’s final rule — Olives Grown in sociate Administrator, Environmental Pro- (The following Members (at their own California; Redistricting and Reapportion- tection Agency, transmitting the Agency’s request) to revise and extend their re- ment of Producer Membership on the Cali- final rule — Approval and Promulgation of marks and include extraneous mate- fornia Olive Committee [Docket No. FV04- Air Quality Implementation Plans; West Vir- ginia; Revised Format of 40 CFR Part 52 for rial:) 932-2 FR] received February 7, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Materials Being Incorporated by Reference Ms. JACKSON-LEE of Texas, for 5 min- Agriculture. [WV100-6030; FRL-7861-3] received February 8, utes, today. 852. A letter from the Congressional Re- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. DAVIS of Illinois, for 5 minutes, view Coordinator, APHIS, Department of Ag- Committee on Energy and Commerce. today. riculture, transmitting the Department’s 862. A letter from the Principal Deputy As- sociate Administrator, Environmental Pro- f final rule — Add Malaysia to List of Regions in Which Highly Pathogenic Avian Influenza tection Agency, transmitting the Agency’s final rule — National Priorities List for Un- Subtype H5N1 is Considered to Exist [Docket SENATE BILL REFERRED controlled Hazardous Waste Sites [FRL-7871- No. 04-091-1] received February 2, 2005, pursu- 9] received February 8, 2005, pursuant to 5 A bill of the Senate of the following ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on En- title was taken from the Speaker’s on Agriculture. table and, under the rule, referred as ergy and Commerce. 853. A letter from the Principal Deputy As- 863. A letter from the Principal Deputy As- follows: sociate Administrator, Enironmental Pro- sociate Administrator, Environmental Pro- S. 384. An act to extend the existence of tection Agency, transmitting the Agency’s tection Agency, transmitting the Agency’s the Nazi War Crimes and Japanese Imperial final rule — Pesticide; Removal of Expired final rule — Revisions to the Arizona State Government Records Interagency Working Time-limited Tolerances for Emergency Ex- Implementation Plan Maricopa County Envi- Group for 2 years; to the Committee on Gov- emptions [OPP-2005-0025; FRL-7690-6] re- ronmental Services Department [AZ131-125; ernment Reform. ceived February 8, 2005, pursuant to 5 U.S.C. FRL-7860-8] received February 8, 2005, pursu- 801(a)(1)(A); to the Committee on Agri- ant to 5 U.S.C. 801(a)(1)(A); to the Committee f culture. on Energy and Commerce. 854. A letter from the Principal Deputy As- SENATE ENROLLED BILL SIGNED 864. A letter from the Principal Deputy As- sociate Administrator, Environmental Pro- sociate Administrator, Environmental Pro- The SPEAKER announced his signa- tection Agency, transmitting the Agency’s tection Agency, transmitting the Agency’s ture to an enrolled bill of the Senate of final rule — Thiamethoxam; Pesticide Toler- final rule — South Carolina: Final Author- the following title: ances for Emergency Exemptions [OPP-2005- ization of State Hazardous Waste Manage- 0015; FRL-7696-8] received February 8, 2005, ment Program Revision [FRL-7870-2] re- S. 5. An act to amend the procedures that pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived February 8, 2005, pursuant to 5 U.S.C. apply to consideration of interstate class ac- mittee on Agriculture. 801(a)(1)(A); to the Committee on Energy and tions to assure fairer outcomes for class 855. A letter from the Acting Under Sec- Commerce. members and defendants, and for other pur- retary for Acquisition, Technology, and Lo- 865. A letter from the Deputy Secretary, poses. gistics, Department of Defense, transmitting Securities and Exchange Commission, trans- f a biennial strategic plan for the Defense Ad- mitting the Commission’s final rule — XBRL vanced Research Projects Agency (DARPA), Voluntary Financial Reporting Program on ADJOURNMENT pursuant to 10 U.S.C. 2352; to the Committee the EDGAR System (RIN: 3235-AJ32) received February 4, 2005, pursuant to 5 U.S.C. Mr. CONAWAY. Mr. Speaker, I move on Armed Services. 856. A letter from the Director, United 801(a)(1)(A); to the Committee on Energy and that the House do now adjourn. States Mint, Department of the Treasury, Commerce. The motion was agreed to. transmitting the 32nd Quarterly Financial 866. A letter from the Director, Defense Se- The SPEAKER pro tempore (Mr. Report of the United States Mint Commemo- curity Cooperation Agency, transmitting re- POE). Accordingly, pursuant to the pre- rative Coin Program, covering the first quar- ports containing the 30 September 2004 sta- vious order of the House of today, the ter of FY 2005, ending on December 31, 2004, tus of loans and guarantees issued under the related to commemorative coins authorized Arms Export Control Act, pursuant to 22 House stands adjourned until 2 p.m. on U.S.C. 2765(a); to the Committee on Inter- Monday, February 21, 2005, unless it for 2003-2005, pursuant to Public Law 104— 208, section 529(c) (110 Stat. 3009–352); to the national Relations. sooner has received a message from the 867. A letter from the Director, Bureau of Committee on Financial Services. Senate transmitting its adoption of 857. A letter from the Secretary, Bureau of Economic Analysis, Department of Com- merce, transmitting the Department’s final House Concurrent Resolution 66, in Economics, Federal Trade Commission, rule — Direct Investment Surveys: BE-10, which case the House shall stand ad- transmitting the Commission’s final rule — Benchmark Survey of U.S. Direct Invest- Charges for Certain Disclosures — received journed pursuant to that concurrent ment Abroad—2004 [Docket No. 040907254- February 2, 2005, pursuant to 5 U.S.C. resolution. 4254-01] (RIN: 0691-AA52) received February 2, 801(a)(1)(A); to the Committee on Financial Thereupon (at 5 o’clock and 15 min- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services. utes p.m.), pursuant to the previous Committee on International Relations. 858. A letter from the Secretary, Depart- order of the House of today, the House 868. A letter from the Secretary, Council of ment of Health and Human Services, trans- the District of Columbia, transmitting a adjourned until 2 p.m. on Monday, Feb- mitting the twenty-fourth annual report on ruary 21, 2005, unless it sooner has re- copy of Council Resolution 15–763, ‘‘Transfer the implementation of the Age Discrimina- of Jurisdiction of a Portion of Square 1171 ceived a message from the Senate tion Act of 1975 by departments and agencies Approval Resolution of 2004,’’ pursuant to transmitting its adoption of House which administer programs of Federal finan- D.C. Code section 1–233(c)(1); to the Com- Concurrent Resolution 66, in which cial assistance, pursuant to 42 U.S.C. mittee on Government Reform. case the House shall stand adjourned 6106a(b); to the Committee on Education and 869. A letter from the Executive Director, pursuant to that concurrent resolution. the Workforce. Broadcasting Board of Governors/Inter- 859. A letter from the Deputy Executive Di- national Broadcasting Bureau, transmitting f rector, Pension Benefit Guaranty Corpora- a report pursuant to the Federal Vacancies tion, transmitting the Corporation’s final Reform Act of 1998; to the Committee on EXECUTIVE COMMUNICATIONS, rule — Benefits Payable in Terminated Sin- Government Reform. ETC. gle-Employer Plans; Allocation of Assets in 870. A letter from the Under Secretary for Under clause 8 of rule XII, executive Single-Employer Plans; Interest Assump- Management, Department of Homeland Se- tions for Valuing and Paying Benefits — re- communications were taken from the curity, transmitting in accordance with Sec- ceived February 4, 2005, pursuant to 5 U.S.C. tion 647(b) of Division F of the Consolidated Speaker’s table and referred as follows: 801(a)(1)(A); to the Committee on Education Appropriations Act, FY 2004, Pub. L. 108-199, 850. A letter from the Administrator, Agri- and the Workforce. the Department’s report on competitive cultural Marketing Service, Department of 860. A letter from the Principal Deputy As- sourcing efforts for FY 2004; to the Com- Agriculture, transmitting the Department’s sociate Administrator, Environmental Pro- mittee on Government Reform. final rule — Proposed Data Collection, Re- tection Agency, transmitting the Agency’s 871. A letter from the Chairman and Chief porting, and Recordkeeping Requirements final rule — Approval and Promulgation of Executive Officer, Farm Credit Administra- Applicable to Cranberries Not Subject to the Air Quality Implementation Plans; Texas; tion, transmitting a copy of the annual re- Cranberry Marketing Order [Docket No. Revisions to Control Volatile Organic Com- port in compliance with the Government in

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K17FE7.105 H17PT1 H790 CONGRESSIONAL RECORD — HOUSE February 17, 2005 the Sunshine Act covering the calendar year ing and Urban Development, transmitting 893. A letter from the FHWA Regulations 2004, pursuant to 5 U.S.C. 552b(j); to the Com- the Department’s final rule — Extension of Officer, Department of Transportation, mittee on Government Reform. Minimum Funding Under the Indian Housing transmitting the Department’s final rule — 872. A letter from the Chief of Staff, Fed- Block Grant Program [Docket No. FR-4825-I- Uniform Relocation Assistance and Real eral Mediation and Conciliation Service, 03; HUD-2005-0001] (RIN: 2577-AC43) received Property Acquisition for Federal and Feder- transmitting the FY 2004 annual report February 8, 2005, pursuant to 5 U.S.C. ally-Assisted Programs [FHWA-2003-14747] under the Federal Managers’ Financial In- 801(a)(1)(A); to the Committee on Financial (RIN: 2125-AE97) received January 31, 2005, tegrity Act (FMFIA) of 1982, pursuant to 31 Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 3512(c)(3); to the Committee on Gov- 884. A letter from the General Counsel, mittee on Transportation and Infrastruc- ernment Reform. EOIB, Department of Justice, transmitting ture. 873. A letter from the Chairman, Nuclear the Department’s final rule — Background 894. A letter from the American Legion, Regulatory Commission, transmitting the and Security Investigations in Proceedings transmitting the financial statement and Commission’s Fiscal Year 2006 Performance Before Immigration Judges and the Board of independent audit of The American Legion Budget, in accordance with the Government Immigration Appeals [EOIR No. 140I; AG proceedings of the 86th annual National Con- Performance and Results Act of 1993; to the Order No. 2755-2005] (RIN: 1125-AA44) received vention of the American Legion, held in Committee on Government Reform. February 7, 2005, pursuant to 5 U.S.C. Nashville, Tennessee from August 31, Sep- 874. A letter from the Chairman, Nuclear 801(a)(1)(A); to the Committee on the Judici- tember 1, and 2, 2004 and a report on the Or- Regulatory Commission, transmitting a copy ary. ganization’s activities for the year preceding of the annual report in compliance with the 885. A letter from the Secretary, Office of the Convention, pursuant to 36 U.S.C. 49; (H. Government in the Sunshine Act for Cal- General Counsel, Federal Trade Commission, Doc. No. 109–8); to the Committee on Vet- endar Year 2004, pursuant to 5 U.S.C. 552b(j); transmitting the Commission’s final rule — erans’ Affairs and ordered to be printed. to the Committee on Government Reform. Federal Civil Penalties Inflation Adjustment 895. A letter from the Assistant Secretary 875. A letter from the Director, Office of Act — received February 2, 2005, pursuant to for Import Administration, Department of Personnel Management, transmitting the Of- 5 U.S.C. 801(a)(1)(A); to the Committee on the Commerce, transmitting the annual report fice’s final rule — Pay Administration (Gen- Judiciary. on the activities of the Foreign-Trade Zones eral) (RIN: 3206-AK74) received February 4, 886. A letter from the Program Analyst, Board for fiscal year 2003, pursuant to 19 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- U.S.C. 81p(c); to the Committee on Ways and Committee on Government Reform. mitting the Department’s final rule — Estab- Means. 876. A letter from the Executive Secretary lishment of Jet Route 187, and Revision of 896. A letter from the Acting Asst. Sec- and Chief of Staff, U.S. Agency for Inter- Jet Routes 180 and 181; MO [Docket No. FAA- retary & Acting Asst. U.S. Trade Rep., De- national Development, transmitting a report 2004-16091; Airspace Docket No. 03-ACE-74] partment of Commerce and Office of the U.S. pursuant to the Federal Vacancies Reform (RIN: 2120-AA66) received January 31, 2005, Trade Representative, transmitting a report Act of 1998; to the Committee on Govern- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- entitled, ‘‘Subsidies Enforcement: Annual ment Reform. mittee on Transportation and Infrastruc- Report To The Congress’’; to the Committee 877. A letter from the Chair, U.S. Election ture. on Ways and Means. Assistance Commission, transmitting the 887. A letter from the Program Analyst, 897. A letter from the Acting Chief, Publi- Commission’s FY 2004 Annual Report, sub- FAA, Department of Transportation, trans- cations and Regulations Branch, Internal mitted in accordance with Section 207 of the mitting the Department’s final rule — Revenue Service, transmitting the Service’s Help America Vote Act of 2002 (HAVA); to Amendment to Class D Airspace; Springfield/ final rule — Examination of returns and the Committee on House Administration. Chicopee, MA [Docket No. FAA-2004-19601] claims for refund, credit, or abatement; de- 878. A letter from the Director, Office of received January 31, 2005, pursuant to 5 termination of correct tax liability. (Rev. Surface Mining, Department of the Interior, U.S.C. 801(a)(1)(A); to the Committee on Proc. 2005-14) received January 31, 2005, pur- transmitting the Department’s final rule — Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- West Virginia Regulatory Program [WV-102- 888. A letter from the Program Analyst, mittee on Ways and Means. FOR] received February 4, 2005, pursuant to FAA, Department of Transportation, trans- 898. A letter from the Acting Chief, Publi- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Modi- cations and Regulations Branch, Internal Resources. fication of Class E Airspace; Sedalia, MO. Revenue Service, transmitting the Service’s 879. A letter from the Director, Office of [Docket No. FAA-2004-19334; Airspace Docket final rule — Differential Earnings Rate for Surface Mining, Department of the Interior, No. 04-ACE-63] received February 8, 2005, pur- Mutual Life Insurance Companies [Notice transmitting the Department’s final rule — suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2005-18] received February 8, 2005, pursuant West Virginia Regulatory Program [WV-102- mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on FOR] received February 8, 2005, pursuant to ture. Ways and Means. 5 U.S.C. 801(a)(1)(A); to the Committee on 889. A letter from the Program Analyst, 899. A letter from the SSA Regulations Of- Resources. FAA, Department of Transportation, trans- ficer, Social Security Administration, trans- 880. A letter from the Director, Office of mitting the Department’s final rule — Modi- mitting the Administration’s final rule — Sustainable Fisheries, NMFS, National Oce- fication of Class E Airspace; Sedalia, MO. Determining Income and Resources under anic and Atmospheric Administration, trans- [Docket No. FAA-2004-19334; Airspace Docket the Supplemental Security Income (SSI) mitting the Administration’s final rule — No. 04-ACE-63] received February 8, 2005, pur- Program [Regulation No. 16] (RIN: 0960-AF84) Fisheries of the Exclusive Economic Zone suant to 5 U.S.C. 801(a)(1)(A); to the Com- received February 8, 2005, pursuant to 5 Off Alaska; Pollock in Statistical Area 610 of mittee on Transportation and Infrastruc- U.S.C. 801(a)(1)(A); to the Committee on the Gulf of Alaska [Docket No. 041202339-4339- ture. 01; I.D.011905B] received February 1, 2005, 890. A letter from the Program Analyst, Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- 900. A letter from the Secretary and Attor- mittee on Resources. mitting the Department’s final rule — Air- ney General, Departments of Health and 881. A letter from the Acting Director, Of- worthiness Standards: Transport Category Human Services and Justice, transmitting fice of Sustainable Fisheries, NMFS, Na- Rotorcraft; Equipment: Flight and Naviga- the seventh Annual Report on the Health tional Oceanic and Atmospheric Administra- tion Instruments; Correction — received Care Fraud and Abuse Control (HCFAC) Pro- tion, transmitting the Administration’s final February 8, 2005, pursuant to 5 U.S.C. gram for Fiscal Year 2003, pursuant to 42 rule — Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Transpor- U.S.C. 1395i; jointly to the Committees on Zone Off Alaska; Pacific Cod by Vessels tation and Infrastructure. Energy and Commerce and Ways and Means. Catching Pacific Cod for Processing by the 891. A letter from the Program Analyst, f Inshore Component in the Central Regu- FAA, Department of Transportation, trans- latory Area of the Gulf of Alaska [Docket mitting the Department’s final rule — Civil PUBLIC BILLS AND RESOLUTIONS No. 041202339-4339-01; I.D.012405C] received Penalty Assessment Procedures; Correction Under clause 2 of rule XII, public [Docket No. 27854; Amendment No. 13-32] February 8, 2005, pursuant to 5 U.S.C. bills and resolutions were introduced 801(a)(1)(A); to the Committee on Resources. (RIN: 2120-AE84) received February 8, 2005, 882. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and severally referred, as follows: fice of Sustainable Fisheries, NMFS, Na- mittee on Transportation and Infrastruc- By Mr. HULSHOF (for himself, Mr. tional Oceanic and Atmospheric Administra- ture. CRAMER, Mr. HERGER, Mr. SHAW, Mr. tion, transmitting the Administration’s final 892. A letter from the Attorney, RSPA, De- MCCRERY, Mr. CAMP, Mr. SAM JOHN- rule — Fisheries of the Exclusive Economic partment of Transportation, transmitting SON of Texas, Mr. ENGLISH of Penn- Zone Off Alaska; Pollock in Statistical Area the Department’s final rule — Hazardous Ma- sylvania, Mr. HAYWORTH, Mr. 630 of the Gulf of Alaska [Docket No. terials; Incorporated of Exemptions into WELLER, Mr. LEWIS of Kentucky, Mr. 041202339-4339-01; I.D. 012705A] received Feb- Regulations. [Docket No. RSPA-03-16370(HM- FOLEY, Mr. BRADY of Texas, Mr. REY- ruary 8, 2005, pursuant to 5 U.S.C. 233)] (RIN: 2137-AD84) received Janaury 31, NOLDS, Mr. RYAN of Wisconsin, Mr. 801(a)(1)(A); to the Committee on Resources. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the CANTOR, Ms. HART, Mr. CHOCOLA, Mr. 883. A letter from the Counsel for Legisla- Committee on Transportation and Infra- BLUNT, Ms. PRYCE of Ohio, Mr. ABER- tion and Regulations, Department of Hous- structure. CROMBIE, Mr. AKIN, Mr. BACHUS, Mr.

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BAKER, Mr. BARTLETT of Maryland, By Mr. WELLER: Florida, Ms. JACKSON-LEE of Texas, Mr. BASS, Mrs. BIGGERT, Mr. BISHOP H.R. 875. A bill to amend the Internal Rev- Mr. LAHOOD, Mr. COSTA, Mr. NUNES, of Georgia, Mr. BISHOP of Utah, Mrs. enue Code of 1986 to allow businesses to ex- Ms. HOOLEY, Mr. MARIO DIAZ-BALART BLACKBURN, Mrs. BONO, Mr. BOOZMAN, pense qualified security devices; to the Com- of Florida, Mr. MCGOVERN, Ms. SOLIS, Mr. BOUCHER, Mr. BRADLEY of New mittee on Ways and Means. and Mr. REYNOLDS): Hampshire, Mr. BURGESS, Mr. BURTON By Mr. WELLER: H.R. 884. A bill to provide for the adjust- of Indiana, Mr. CANNON, Mrs. CAPITO, H.R. 876. A bill to amend part E of title IV ment of status of certain foreign agricultural Mr. CARDOZA, Mr. CHABOT, Mr. of the Social Security Act to increase pay- workers, to amend the Immigration and Na- CONAWAY, Mr. COX, Mr. CRENSHAW, ments to States for expenditures for short tionality Act to reform the H-2A worker pro- Mr. CULBERSON, Mrs. DRAKE, Mr. term training of staff of certain child welfare gram under that Act, to provide a stable, DREIER, Mr. EDWARDS, Mr. EHLERS, agencies; to the Committee on Ways and legal agricultural workforce, to extend basic Mrs. EMERSON, Mr. EVERETT, Mr. Means. legal protections and better working condi- FORBES, Mr. FORTUN˜ O, Mr. FOSSELLA, By Mr. WELLER (for himself, Mr. tions to more workers, and for other pur- Mr. GARRETT of New Jersey, Mr. BECERRA, and Mrs. JOHNSON of Con- poses; to the Committee on the Judiciary. GOODE, Mr. GORDON, Mr. GRAVES, Ms. necticut): By Mr. HYDE (for himself, Mr. LANTOS, HARRIS, Mr. HOEKSTRA, Mr. JOHNSON H.R. 877. A bill to amend the Internal Rev- Mr. SMITH of New Jersey, and Mr. of Illinois, Mr. JONES of North Caro- enue Code of 1986 to expand the expensing of BERMAN): H.R. 885. A bill to authorize the extension lina, Mr. KENNEDY of Minnesota, Mr. environmental remediation costs; to the of nondiscriminatory treatment (normal KOLBE, Mr. LAHOOD, Mr. LOBIONDO, Committee on Ways and Means. trade relations treatment) to the products of Mr. LUCAS, Mr. DANIEL E. LUNGREN of By Mr. DINGELL (for himself, Mr. Ukraine; to the Committee on Ways and California, Mr. MCCAUL of Texas, Mr. MARKEY, Mr. PALLONE, Mr. RUSH, Mr. Means. MCCOTTER, Mr. MCHUGH, Mr. MCIN- TOWNS, Mr. STRICKLAND, Mr. BOU- By Mr. KOLBE (for himself and Mr. TYRE, Mr. MCKEON, Mr. MANZULLO, CHER, Ms. SCHAKOWSKY, Mrs. CAPPS, Mr. INSLEE, Mr. WAXMAN, Ms. BALD- CROWLEY): Mr. MATHESON, Mrs. MILLER of Michi- H.R. 886. A bill to extend certain trade gan, Mr. GARY G. MILLER of Cali- WIN, Mr. ENGEL, Mr. WYNN, Mr. STU- PAK, Mr. ALLEN, Mr. GORDON, Mr. preferences to certain least-developed coun- fornia, Mr. MILLER of Florida, Mr. tries, and for other purposes; to the Com- DOYLE, Mr. BROWN of Ohio, Ms. MORAN of Kansas, Mrs. MUSGRAVE, mittee on Ways and Means. DEGETTE, and Ms. SOLIS): Mr. OSBORNE, Mr. OTTER, Mr. By Mr. FORD: PEARCE, Mr. PENCE, Mr. PITTS, Mr. H.R. 878. A bill to improve the reliability of the Nation’s electric transmission system; H.R. 887. A bill to provide for a program PLATTS, Mr. REICHERT, Mr. ROGERS of under which postal benefits shall be made to the Committee on Energy and Commerce. Kentucky, Mr. ROGERS of Alabama, available for purposes of certain personal By Mr. DINGELL (for himself, Ms. Mr. RYUN of Kansas, Mr. SESSIONS, correspondence and other mail matter sent SOLIS, Mrs. CAPPS, Mr. WYNN, Ms. Mr. SHIMKUS, Mr. SHUSTER, Mr. from within the United States to members of SCHAKOWSKY, Mr. PALLONE, Ms. SMITH of Texas, Mr. SOUDER, Mr. the Armed Forces serving on active duty BALDWIN, Mr. MARKEY, and Mr. STU- STEARNS, Mr. SULLIVAN, Mr. abroad who are engaged in military oper- PAK): TANCREDO, Mr. TERRY, Mr. THORN- ations, and for other purposes; to the Com- H.R. 879. A bill to amend the Solid Waste BERRY, Mr. TIAHRT, Mr. TURNER, Mr. mittee on Government Reform, and in addi- Disposal Act to provide for secondary con- WALDEN of Oregon, Mr. WESTMORE- tion to the Committee on Armed Services, tainment to prevent MTBE and petroleum LAND, Mr. WHITFIELD, Mr. WICKER, for a period to be subsequently determined contamination; to the Committee on Energy Mr. WILSON of South Carolina, and by the Speaker, in each case for consider- and Commerce. Mr. WOLF): ation of such provisions as fall within the ju- By Mr. KIND (for himself, Mr. risdiction of the committee concerned. H.R. 8. A bill to make the repeal of the es- OSBORNE, Mr. TAYLOR of Mississippi, By Mr. REGULA (for himself, Mr. NOR- tate tax permanent. Mr. OBERSTAR, Mr. ROSS, Mrs. WOOD, Mr. LATHAM, Mr. RYAN of Ohio, By Mr. POMBO (for himself, Mr. RA- CHRISTENSEN, Mr. PETERSON of Min- Mr. BOSWELL, Mr. HINCHEY, Mr. RA- HALL, Mr. FLAKE, Mr. ABERCROMBIE, nesota, Mr. STUPAK, Mr. KILDEE, Mr. HALL, Mr. MEEHAN, Mr. BROWN of Mr. BURTON of Indiana, Ms. MCHUGH, and Mr. MARSHALL): Ohio, Mr. BARROW, Mr. DOYLE, Mr. BORDALLO, Mr. FALEOMAVAEGA, Mrs. H.R. 880. A bill to amend part C of title WILSON of South Carolina, Mr. WAMP, CHRISTENSEN, Mr. CASE, Mr. YOUNG of XVIII of the Social Security Act to require Mr. MURTHA, Mr. MCNULTY, Mrs. Alaska, Mr. BLUNT, Mr. DOOLITTLE, Medicare Advantage (MA) organizations to KELLY, Mr. LEACH, Mr. TIERNEY, Mr. Mr. CARDOZA, Mr. WALDEN of Oregon, pay for critical access hospital services and BROWN of South Carolina, Mr. CLY- Mr. FORTUN˜ O, Mr. REHBERG, Mr. rural health clinic services at a rate that is BURN, Mr. NEY, and Mr. SWEENEY): RADANOVICH, Mr. COLE of Oklahoma, at least 101 percent of the payment rate oth- H.R. 888. A bill to amend the Omnibus Mr. GILCHREST, and Mr. CANTOR): erwise applicable under the Medicare Pro- Parks and Public Lands Management Act of H.R. 873. A bill to provide for a nonvoting gram; to the Committee on Ways and Means, 1996 to extend the authorization for certain delegate to the House of Representatives to and in addition to the Committee on Energy national heritage areas, and for other pur- represent the Commonwealth of the North- and Commerce, for a period to be subse- poses; to the Committee on Resources. ern Mariana Islands, and for other purposes; quently determined by the Speaker, in each By Mr. YOUNG of Alaska (for himself, to the Committee on Resources. case for consideration of such provisions as Mr. OBERSTAR, Mr. LOBIONDO, and By Mr. NORWOOD (for himself, Mr. fall within the jurisdiction of the committee Mr. FILNER): concerned. BOEHNER, Mr. SAM JOHNSON of Texas, H.R. 889. A bill to authorize appropriations By Mr. WELDON of Florida (for him- Mr. MCKEON, Mr. SOUDER, Mrs. for the Coast Guard for fiscal year 2006, to self and Mrs. MALONEY): BIGGERT, Mr. KELLER, Mr. WILSON of make technical corrections to various laws H.R. 881. A bill to amend the Federal Food, South Carolina, Mr. KLINE, Mrs. administered by the Coast Guard, and for Drug, and Cosmetic Act to reduce human ex- MUSGRAVE, Mr. INGLIS of South Caro- other purposes; to the Committee on Trans- posure to mercury through vaccines; to the lina, Mrs. DRAKE, Mr. KINGSTON, Mr. portation and Infrastructure. Committee on Energy and Commerce. LINDER, Mr. DEAL of Georgia, Mr. By Mr. PALLONE: By Mr. BOEHLERT: H.R. 890. A bill to provide for the establish- KING of Iowa, Mr. HAYWORTH, Mr. H.R. 882. A bill to require the National ment of national and global tsunami warning WICKER, Mr. BRADY of Texas, Mr. Oceanic and Atmospheric Administration, systems and to provide assistance for the re- CULBERSON, Mr. GARRETT of New Jer- through the National Weather Service, to es- lief and rehabilitation of victims of the In- sey, Mr. BURTON of Indiana, Mr. SUL- tablish a tsunami hazard mitigation program dian Ocean tsunami and for the reconstruc- LIVAN, Mr. OTTER, Mr. PENCE, Mrs. for all United States coastal States and insu- tion of tsunami-affected countries; to the BLACKBURN, Mr. GALLEGLY, Mr. lar areas; to the Committee on Science. Committee on International Relations, and GILLMOR, Mr. BARTLETT of Maryland, By Mr. DAVIS of Alabama (for himself, in addition to the Committees on Resources, Mr. AKIN, Mr. PITTS, Mr. HAYES, Mr. Mr. LEACH, Mr. ROGERS of Alabama, and Science, for a period to be subsequently DOOLITTLE, Mr. SESSIONS, Mr. GARY Mr. HINOJOSA, Mr. SANDERS, Mr. determined by the Speaker, in each case for G. MILLER of California, Mr. CHABOT, PAUL, Mr. MCHUGH, and Mr. CON- consideration of such provisions as fall with- Mr. COBLE, Mr. BROWN of South Caro- YERS): in the jurisdiction of the committee con- lina, Mr. FLAKE, Mr. FRANKS of Ari- H.R. 883. A bill to amend the Internal Rev- cerned. zona, Mr. JONES of North Carolina, enue Code of 1986 to allow a first time home- By Mr. BACA (for himself, Mr. and Mr. MANZULLO): buyer credit for the purchase of principal BUTTERFIELD, Mr. BISHOP of Georgia, H.R. 874. A bill to amend the National residences located in rural areas; to the Mr. WYNN, Mr. TOWNS, Mr. MCGOV- Labor Relations Act to ensure the right of Committee on Ways and Means. ERN, Mr. FALEOMAVAEGA, Ms. CARSON, employees to a secret-ballot election con- By Mr. CANNON (for himself, Mr. BER- Mrs. CHRISTENSEN, Mr. CLAY, Ms. ducted by the National Labor Relations MAN, Mr. RADANOVICH, Mr. PETERSON JACKSON-LEE of Texas, Mr. MEEKS of Board; to the Committee on Education and of Minnesota, Mr. PUTNAM, Mr. New York, Mr. PAYNE, and Mr. the Workforce. REYES, Mr. LINCOLN DIAZ-BALART of OWENS):

VerDate Aug 04 2004 03:36 Feb 18, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\L17FE7.100 H17PT1 H792 CONGRESSIONAL RECORD — HOUSE February 17, 2005 H.R. 891. A bill to provide for the award of services plans and to increase the maximum sideration of such provisions as fall within a gold medal on behalf of the Congress to amount of the exclusion; to the Committee the jurisdiction of the committee concerned. Tiger Woods, in recognition of his service to on Ways and Means. By Mrs. CUBIN: the Nation in promoting excellence and good By Mrs. CAPPS (for herself, Mr. PICK- H.R. 904. A bill to provide for the disposi- sportsmanship, and in breaking barriers with ERING, Mr. GORDON, Mr. FOLEY, Ms. tion of United States Government uranium grace and dignity by showing that golf is a ESHOO, Mr. MCCOTTER, Mr. GENE inventories; to the Committee on Energy and sport for all people; to the Committee on Fi- GREEN of Texas, Mr. WYNN, Ms. Commerce. nancial Services. SOLIS, Mr. GEORGE MILLER of Cali- By Mrs. CUBIN: By Mr. BACA (for himself, Mr. BURTON fornia, Mr. CUMMINGS, Mr. FARR, Mr. H.R. 905. A bill to amend the Mineral Leas- of Indiana, Mr. PETERSON of Pennsyl- MOORE of Kansas, Mr. ABERCROMBIE, ing Act to provide for the development of vania, Mr. MURTHA, Mr. MCCRERY, Mr. MATHESON, Mr. OWENS, Mr. LAN- Federal coal resources; to the Committee on Mr. SHAW, Mr. GRIJALVA, Mr. MCGOV- TOS, Mr. UDALL of Colorado, Mr. Resources. ERN, Mr. FALEOMAVAEGA, Mr. WALSH, UDALL of New Mexico, Mr. MCNULTY, By Mrs. CUBIN: Ms. HART, and Mr. BLUNT): Mr. LYNCH, Mrs. DAVIS of California, H.R. 906. A bill to amend the Federal Land H.R. 892. A bill to provide for the award of Mr. WEXLER, Mr. ORTIZ, and Mr. Policy and Management Act of 1976 and the a gold medal on behalf of Congress to Arnold DOGGETT): Mineral Leasing Act to clarify the method Palmer in recognition of his service to the H.R. 898. A bill to amend the Public Health by which the Secretary of the Interior and Nation in promoting excellence and good Service Act to strengthen education, preven- the Secretary of Agriculture determine the sportsmanship in golf; to the Committee on tion, and treatment programs relating to fair market value of certain rights-of-way Financial Services. stroke, and for other purposes; to the Com- granted, issued, or renewed under these Acts, By Mr. BECERRA (for himself, Mr. mittee on Energy and Commerce. and for other purposes; to the Committee on CASE, Mr. MCDERMOTT, Mr. GUTIER- By Mr. CARDIN (for himself, Mr. Resources. REZ, Mr. MORAN of Virginia, Ms. ENGLISH of Pennsylvania, Mr. LEVIN, By Mrs. CUBIN: SOLIS, Mr. PAYNE, Mr. HASTINGS of Ms. ROS-LEHTINEN, Mr. MCDERMOTT, H.R. 907. A bill to amend the Outer Conti- Florida, Ms. SCHAKOWSKY, Mr. and Mr. BECERRA): nental Shelf Lands Act to authorize the Sec- KUCINICH, Mr. ABERCROMBIE, Mr. H.R. 899. A bill to amend section 402 of the retary of the Interior to grant easements and DAVIS of Tennessee, Ms. ROYBAL-AL- Personal Responsibility and Work Oppor- rights-of-way on the Outer Continental Shelf LARD, Ms. LEE, Mr. BERMAN, Mr. tunity Reconciliation Act of 1996 to provide for activities otherwise authorized by that HONDA, and Ms. BORDALLO): a 2-year extension of supplemental security Act; to the Committee on Resources. H.R. 893. A bill to allow certain individuals income in fiscal years 2006 through 2008 for By Mr. CUMMINGS: of Japanese ancestry who were brought forc- refugees, asylees, and certain other humani- H.R. 908. A bill to establish within the ibly to the United States from countries in tarian immigrants; to the Committee on United States Marshals Service a short term Latin America during World War II and were Ways and Means. State witness protection program to provide interned in the United States to be provided By Mr. CASE (for himself, Mr. HONDA, assistance to State and local district attor- restitution under the Civil Liberties Act of Mr. SERRANO, Mr. TOWNS, Mr. CROW- neys to protect their witnesses in cases in- 1988, and for other purposes; to the Com- LEY, Mr. MEEKS of New York, Ms. volving homicide, serious violent felonies, mittee on the Judiciary. BORDALLO, Mr. GRIJALVA, Mr. ABER- and serious drug offenses, and to provide By Mr. BECERRA (for himself and Mr. CROMBIE, Ms. JACKSON-LEE of Texas, Federal grants for such protection; to the BROWN of Ohio): and Mr. FALEOMAVAEGA): Committee on the Judiciary. H.R. 894. A bill to assist low income tax- H.R. 900. A bill to amend the Immigration By Mr. CUMMINGS: payers in preparing and filing their tax re- and Nationality Act to remove from an alien H.R. 909. A bill to provide for the establish- turns and to protect taxpayers from unscru- the initial burden of establishing that he or ment of a hazardous materials cooperative pulous refund anticipation loan providers, she is entitled to nonimmigrant status under research program; to the Committee on and for other purposes; to the Committee on section 101(a)(15)(B) of such Act, in the case Science, and in addition to the Committee Ways and Means, and in addition to the Com- of certain aliens seeking to enter the United on Transportation and Infrastructure, for a mittee on Financial Services, for a period to States for a temporary stay occasioned by period to be subsequently determined by the be subsequently determined by the Speaker, the serious illness or death of a United Speaker, in each case for consideration of in each case for consideration of such provi- States citizen or an alien lawfully admitted such provisions as fall within the jurisdic- sions as fall within the jurisdiction of the for permanent residence, and for other pur- tion of the committee concerned. committee concerned. poses; to the Committee on the Judiciary. By Mr. DAVIS of Illinois (for himself By Ms. BERKLEY (for herself, Mr. By Mr. CASE (for himself, Mr. SCOTT of and Mr. SHIMKUS): MATHESON, Ms. CARSON, Mr. MARKEY, Virginia, Ms. BORDALLO, and Mr. FIL- H.R. 910. A bill to amend title XIX of the and Mr. RANGEL): NER): Social Security Act to provide individuals H.R. 895. A bill to provide for interagency H.R. 901. A bill to amend the Immigration with disabilities and older Americans with planning for preparing for, defending and Nationality Act to give priority in the equal access to community-based attendant against, and responding to the consequences issuance of immigrant visas to the sons and services and supports, and for other pur- of terrorist attacks against the Yucca Moun- daughters of Filipino World War II veterans poses; to the Committee on Energy and Com- tain Project, and for other purposes; to the who are or were naturalized citizens of the merce. Committee on Energy and Commerce, and in United States, and for other purposes; to the By Mr. TOM DAVIS of Virginia (for addition to the Committee on Homeland Se- Committee on the Judiciary. himself, Mr. MORAN of Virginia, Mr. curity, for a period to be subsequently deter- By Mr. CASTLE (for himself and Mrs. GRAVES, Ms. NORTON, Mr. EHLERS, mined by the Speaker, in each case for con- MALONEY): Mr. PEARCE, and Mr. HAYES): sideration of such provisions as fall within H.R. 902. A bill to improve circulation of H.R. 911. A bill to require the Secretary of the jurisdiction of the committee concerned. the $1 coin, create a new bullion coin, and for Homeland Security to develop and imple- By Mr. BILIRAKIS (for himself, Ms. other purposes; to the Committee on Finan- ment standards for the operation of non- ESHOO, Mr. UPTON, Mr. SHAYS, Mr. cial Services. scheduled, commercial air carrier (air char- MARKEY, Mr. INSLEE, Mr. ALLEN, Mr. By Mr. COOPER (for himself, Mr. TAN- ter) and general aviation operations at Ron- RUSH, Mr. TOWNS, Ms. SLAUGHTER, NER, Mr. CARDOZA, Mr. MATHESON, ald Reagan Washington National Airport; to and Mr. WAXMAN): Mr. BOYD, Mr. ROSS, Mr. BARROW, Mr. the Committee on Transportation and Infra- H.R. 896. A bill to facilitate nationwide CASE, Mr. MICHAUD, Mr. DAVIS of structure. availability of 2-1-1 telephone service for in- Tennessee, Mr. SALAZAR, Ms. HAR- By Mr. DELAHUNT (for himself, Mr. formation and referral on health and human MAN, Mr. THOMPSON of California, Mr. DELAY, Mr. LANTOS, Ms. PRYCE of services, including volunteer services, and COSTA, Mr. BOSWELL, Ms. HERSETH, Ohio, Mr. BLUNT, Mr. KOLBE, Mr. for other purposes; to the Committee on En- Mr. MOORE of Kansas, Mr. SCOTT of SHAYS, Mr. CRAMER, Mr. SMITH of ergy and Commerce. Georgia, Mr. CHANDLER, Mr. FORD, New Jersey, Mr. PORTER, Mr. MCGOV- By Mr. CAMP (for himself, Mr. LEVIN, Mr. BERRY, Mr. HOLDEN, Mr. MCIN- ERN, Mr. FOLEY, Mr. CARDOZA, and Mr. RANGEL, Mr. FOLEY, Mr. TYRE, Mr. BISHOP of Georgia, Mr. Mr. POMEROY): RAMSTAD, Mr. RYAN of Wisconsin, Mr. SCHIFF, and Mr. TAYLOR of Mis- H.R. 912. A bill to ensure the protection of GORDON, Mr. ENGLISH of Pennsyl- sissippi): beneficiaries of United States humanitarian vania, Mrs. JOHNSON of Connecticut, H.R. 903. A bill to amend the Balanced assistance; to the Committee on Inter- Mr. NEAL of Massachusetts, Mr. Budget and Emergency Deficit Control Act national Relations. DELAHUNT, Mr. MANZULLO, Mrs. of 1985 and the Congressional Budget Act of By Mr. DREIER (for himself, Ms. MCCARTHY, Mr. MCHUGH, Mr. STARK, 1974 to extend the discretionary spending ESHOO, Mr. BLUNT, Mr. CROWLEY, Mr. Mr. LEWIS of Georgia, Mr. COLE of caps and the pay-as-you-go requirement, and SHADEGG, Mr. WU, Mr. CANTOR, Mr. Oklahoma, and Mr. EHLERS): for other purposes; to the Committee on the INSLEE, Mr. ROYCE, Mr. MCINTYRE, H.R. 897. A bill to restore and make perma- Budget, and in addition to the Committee on Mr. GARY G. MILLER of California, nent the exclusion from gross income for Rules, for a period to be subsequently deter- Ms. ZOE LOFGREN of California, Mr. amounts received under qualified group legal mined by the Speaker, in each case for con- HEFLEY, Mr. LANTOS, Mrs.

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BLACKBURN, Mr. MILLER of North for other purposes; to the Committee on MALONEY, Mr. HINOJOSA, Mr. MEEKS Carolina, Mr. COX, Mr. SMITH of Science, and in addition to the Committee of New York, Ms. SOLIS, Ms. WATERS, Texas, Mr. SIMPSON, Mr. ROGERS of on Education and the Workforce, for a period Mr. CROWLEY, Mr. AL GREEN of Michigan, Mr. HAYWORTH, Mr. SEN- to be subsequently determined by the Speak- Texas, Ms. LEE, Mr. ACKERMAN, and SENBRENNER, and Mr. WILSON of er, in each case for consideration of such pro- Ms. WASSERMAN SCHULTZ): South Carolina): visions as fall within the jurisdiction of the H.R. 928. A bill to amend the Electronic H.R. 913. A bill to direct the Securities and committee concerned. Fund Transfer Act to extend certain con- Exchange Commission to require enhanced By Mr. FORD: sumer protections to international remit- disclosures of employee stock options, and to H.R. 922. A bill to improve treatment of tance transfers of funds originating in the require a study on the economic impact of post-traumatic stress disorder for veterans United States, and for other purposes; to the broad-based employee stock option plans, of service in Afghanistan and Iraq and the Committee on Financial Services, and in ad- and for other purposes; to the Committee on war on terrorism; to the Committee on Vet- dition to the Committee on International Financial Services. erans’ Affairs, and in addition to the Com- Relations, for a period to be subsequently de- By Mr. ENGLISH of Pennsylvania (for mittee on Armed Services, for a period to be termined by the Speaker, in each case for himself and Mr. PUTNAM): subsequently determined by the Speaker, in consideration of such provisions as fall with- H.R. 914. A bill to amend the Internal Rev- each case for consideration of such provi- in the jurisdiction of the committee con- enue Code of 1986 to provide parity in report- sions as fall within the jurisdiction of the cerned. ing requirements for national party commit- committee concerned. By Ms. HART (for herself, Mr. ENGLISH tees and unregulated political organizations, By Mr. FOSSELLA (for himself, Mr. of Pennsylvania, Mr. DOYLE, and Mr. and for other purposes; to the Committee on KING of New York, Mr. TOWNS, Mr. MURPHY): Ways and Means. PETRI, and Mr. KIND): H.R. 929. A bill to designate Pennsylvania By Mr. ENGLISH of Pennsylvania (for H.R. 923. A bill to amend title 39, United State Route 60 and United States Routes 22 himself, Ms. HART, Mr. MCGOVERN, States Code, to provide for free mailing and 30 as part of the Dwight D. Eisenhower Mr. MCDERMOTT, Mr. HOLDEN, and privileges for personal correspondence and National System of Interstate and Defense Mr. PAYNE): parcels sent by family members from within Highways, and for other purposes; to the H.R. 915. A bill to authorize the President the United States to members of the Armed Committee on Transportation and Infra- to take certain actions to protect archae- Forces serving on active duty in Iraq or Af- structure. ological or ethnological materials of Afghan- ghanistan; to the Committee on Government By Mr. HAYWORTH (for himself, Mr. istan; to the Committee on Ways and Means. Reform. FOLEY, Mr. JEFFERSON, Mr. RAMSTAD, By Mr. ENGLISH of Pennsylvania (for By Mr. FOSSELLA (for himself, Mr. Mr. LEWIS of Kentucky, Mr. ENGLISH himself, Mr. BLUNT, Mr. CARDIN, and RANGEL, and Mr. GREEN of Wis- of Pennsylvania, Mr. WELLER, Mr. Mr. PALLONE): consin): SHAW, and Mr. CANTOR): H.R. 916. A bill to amend title XVIII of the H.R. 924. A bill to amend the Internal Rev- H.R. 930. A bill to amend the Internal Rev- Social Security Act to repeal the Medicare enue Code of 1986 to allow a deduction from enue Code of 1986 to provide that seven year outpatient rehabilitation therapy caps; to gross income for uncompensated education class life for motorsports entertainment the Committee on Energy and Commerce, costs incurred by veterans’ survivors and de- complex property be made permanent; to the and in addition to the Committee on Ways pendents who are in receipt of educational Committee on Ways and Means. and Means, for a period to be subsequently assistance under chapter 35 of title 38, By Mr. HAYWORTH (for himself, Mr. determined by the Speaker, in each case for United States Code; to the Committee on KING of Iowa, Mr. OTTER, Mr. consideration of such provisions as fall with- Ways and Means. ENGLISH of Pennsylvania, and Mr. in the jurisdiction of the committee con- By Mr. GALLEGLY (for himself, Mr. SIMPSON): cerned. CHABOT, Mr. KING of Iowa, Mr. SMITH H.R. 931. A bill to require Congress and the By Mr. FILNER: of Texas, Mr. ROHRABACHER, Mr. NOR- President to fulfill their constitutional duty H.R. 917. A bill to amend title 38, United WOOD, Mr. SAM JOHNSON of Texas, Mr. to take personal responsibility for Federal States Code, to permit eligible veterans to HEFLEY, Mr. SIMPSON, Mr. GARRETT laws; to the Committee on the Judiciary, receive direct access to chiropractic care; to of New Jersey, Mr. WELDON of Flor- and in addition to the Committee on Rules, the Committee on Veterans’ Affairs. ida, Mrs. JO ANN DAVIS of Virginia, for a period to be subsequently determined By Mr. FLAKE (for himself, Mr. PAUL, Mr. GARY G. MILLER of California, by the Speaker, in each case for consider- Mr. BURTON of Indiana, Mr. WAMP, Mr. SULLIVAN, Mr. FORBES, Mr. ation of such provisions as fall within the ju- and Mr. MILLER of Florida): BAKER, Mr. GOODE, Mr. BARRETT of risdiction of the committee concerned. H.R. 918. A bill to contain the costs of the South Carolina, Mr. GOHMERT, and By Mr. HEFLEY (for himself, Mr. SES- Medicare prescription drug program under Mr. UPTON): SIONS, and Mr. GARY G. MILLER of part D of title XVIII of the Social Security H.R. 925. A bill to prohibit a Federal agen- California): Act, and for other purposes; to the Com- cy from accepting a form of individual iden- H.R. 932. A bill to require the Secretary of mittee on Energy and Commerce, and in ad- tification issued by a foreign government, the Treasury to mint coins in commemora- dition to the Committees on Ways and except a passport that is accepted on the tion of Ronald Wilson Reagan, the 40th Means, and Rules, for a period to be subse- date of enactment; to the Committee on President of the United States; to the Com- quently determined by the Speaker, in each Government Reform, and in addition to the mittee on Financial Services. case for consideration of such provisions as Committees on the Judiciary, House Admin- By Ms. HERSETH (for herself and Mr. fall within the jurisdiction of the committee istration, and Armed Services, for a period RENZI): concerned. to be subsequently determined by the Speak- H.R. 933. A bill to grant a Federal charter By Mr. FOLEY: er, in each case for consideration of such pro- to the National American Indian Veterans, H.R. 919. A bill to amend the Internal Rev- visions as fall within the jurisdiction of the Incorporated; to the Committee on the Judi- enue Code of 1986 to treat certain publicly- committee concerned. ciary. traded debt issued or guaranteed by Federal, By Mr. GERLACH (for himself and Mr. By Mr. HINCHEY (for himself, Mr. KIL- State, or local goverments as qualified non- SMITH of New Jersey): DEE, Mr. GOODE, Mr. OWENS, Mr. recourse financing; to the Committee on H.R. 926. A bill to amend title 38, United MCNULTY, Mr. EVANS, Ms. WOOLSEY, Ways and Means. States Code, to authorize Department of Mr. KENNEDY of Rhode Island, and By Mr. FOLEY (for himself, Mr. MACK, Veterans Affairs police officers to execute on Mr. BISHOP of New York): Mr. BOYD, Mr. HAYWORTH, Mr. OTTER, Department property arrest warrants of a H.R. 934. A bill to amend the Internal Rev- Mr. LEWIS of Kentucky, Mr. COOPER, State or local government within the juris- enue Code of 1986 to allow a $1,000 refundable Ms. ROS-LEHTINEN, Mr. DOOLITTLE, diction of which such Department property credit for individuals who are bona fide vol- Mr. CHABOT, Mr. SESSIONS, Mr. SHAW, is located; to the Committee on Veterans’ unteer members of volunteer firefighting and Mr. RENZI, Mr. GARRETT of New Jer- Affairs, and in addition to the Committee on emergency medical service organizations; to sey, Mr. TIBERI, and Mr. SAM JOHN- the Judiciary, for a period to be subse- the Committee on Ways and Means. SON of Texas): quently determined by the Speaker, in each By Mr. HONDA (for himself and Mr. H.R. 920. A bill to amend the Internal Rev- case for consideration of such provisions as ROYCE): enue Code of 1986 to modify the treatment of fall within the jurisdiction of the committee H.R. 935. A bill to urge the Government of qualified restaurant property as 15-year concerned. Ethiopia to hold orderly, peaceful, and free property for purposes of the depreciation de- By Mr. GILLMOR (for himself, Mr. and fair national elections in May 2005 and duction; to the Committee on Ways and ROSS, Mr. JENKINS, Mr. WOLF, Mr. to authorize United States assistance for Means. GOODE, Mr. SOUDER, Mr. OXLEY, and elections-related activities to monitor the By Mr. FORBES (for himself, Mr. Mr. LIPINSKI): Ethiopian national elections; to the Com- TOWNS, Mr. BAKER, Mr. ROSS, Mr. H.R. 927. A bill to establish a program to mittee on International Relations. MARSHALL, Ms. EDDIE BERNICE JOHN- award grants to improve and maintain sites By Mr. HONDA (for himself, Mr. SON of Texas, Mr. CROWLEY, and Mr. honoring Presidents of the United States; to MORAN of Virginia, Ms. LEE, Mr. BISHOP of Georgia): the Committee on Resources. EVANS, Mr. MEEKS of New York, Mr. H.R. 921. A bill to establish a digital and By Mr. GUTIERREZ (for himself, Mr. SCHIFF, Mr. GRIJALVA, Mr. ABER- wireless network technology program, and FRANK of Massachusetts, Mrs. CROMBIE, Ms. JACKSON-LEE of Texas,

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Mr. FARR, Ms. EDDIE BERNICE JOHN- sumer products containing polyurethane description of video programming; to the SON of Texas, Ms. LINDA T. SA´ NCHEZ foam; to the Committee on Energy and Com- Committee on Energy and Commerce. of California, Mr. CONYERS, Ms. merce. By Mr. MARKEY (for himself, Mr. FIL- SOLIS, Mr. GENE GREEN of Texas, and By Mr. LEACH (for himself and Mr. NER, Mr. OWENS, Mr. FRANK of Massa- Ms. BORDALLO): GORDON): chusetts, Mr. LEWIS of Georgia, Ms. H.R. 936. A bill to provide for immigration H.R. 944. A bill to amend the Public Health SCHAKOWSKY, Mr. GRIJALVA, Mr. relief in the case of certain immigrants who Service Act to enhance research, training, HONDA, Ms. MCCOLLUM of Minnesota, are innocent victims of immigration fraud; and health information dissemination with Mr. KUCINICH, Mr. HINCHEY, Mr. LAN- to the Committee on the Judiciary. respect to urologic diseases, and for other TOS, Mr. PASTOR, Mr. SERRANO, Mr. By Ms. JACKSON-LEE of Texas (for purposes; to the Committee on Energy and MCDERMOTT, Mr. BLUMENAUER, Mr. herself, Ms. WATSON, Mr. RUSH, Ms. Commerce. MCGOVERN, Mr. SANDERS, Mr. GEORGE LEE, Mr. BRADY of Pennsylvania, Mr. By Ms. LEE (for herself, Mr. BROWN of MILLER of California, Mr. HOLT, Mr. HASTINGS of Florida, Ms. KILPATRICK Ohio, Mrs. CHRISTENSEN, Mrs. MCCAR- OLVER, Mr. STARK, Mrs. DAVIS of of Michigan, Mr. MCDERMOTT, Mr. THY, Mr. HASTINGS of Florida, Mr. California, Ms. LEE, Ms. WOOLSEY, CONYERS, Mr. SERRANO, Mrs. RUSH, Mr. WYNN, Mr. OWENS, Mr. Mr. WAXMAN, Mr. SABO, Mr. DOGGETT, MALONEY, Mr. BISHOP of Georgia, Mr. PAYNE, Mr. SANDERS, Mr. GRIJALVA, Mr. CONYERS, Mr. TIERNEY, Mr. PALLONE, Mr. BROWN of Ohio, and Mr. Ms. NORTON, Mr. RANGEL, Mr. TOWNS, ALLEN, Mr. DAVIS of Illinois, Mrs. MEEKS of New York): Mr. WEXLER, Ms. WOOLSEY, Mr. MALONEY, and Ms. MILLENDER- H.R. 937. A bill to direct the Architect of CUMMINGS, Ms. CARSON, Ms. MOORE of MCDONALD): the Capitol to enter into a contract to revise Wisconsin, Ms. EDDIE BERNICE JOHN- H.R. 952. A bill to prohibit the transfer or the statue commemorating women’s suffrage SON of Texas, Mr. JACKSON of Illinois, return of persons by the United States, for located in the rotunda of the United States Mr. CONYERS, Ms. KILPATRICK of the purpose of detention, interrogation, Capitol to include a likeness of Sojourner Michigan, Mr. MEEKS of New York, trial, or otherwise, to countries where tor- Truth; to the Committee on House Adminis- and Ms. WATERS): ture or other inhuman treatment of persons tration. H.R. 945. A bill to provide assistance to occurs; to the Committee on International By Mrs. JOHNSON of Connecticut (for combat infectious diseases in Haiti and to es- Relations. herself and Mr. OLVER): tablish a comprehensive health infrastruc- By Mr. MENENDEZ (for himself, Mr. H.R. 938. A bill to establish the Upper ture in Haiti, and for other purposes; to the BURTON of Indiana, Mr. LANTOS, Ms. Housatonic Valley National Heritage Area in Committee on International Relations. ROS-LEHTINEN, Mr. DELAHUNT, Mrs. the State of Connecticut and the Common- By Ms. LEE (for herself, Mr. CONYERS, NAPOLITANO, Ms. HARRIS, Mr. MEEKS wealth of Massachusetts, and for other pur- Ms. KILPATRICK of Michigan, Mrs. of New York, Mr. PAYNE, Ms. LEE, poses.; to the Committee on Resources. JONES of Ohio, Mr. OWENS, Mr. Mr. BERMAN, Mr. ACKERMAN, Mr. By Mrs. JONES of Ohio: GRIJALVA, Ms. NORTON, Mr. RANGEL, SHERMAN, Mr. WEXLER, Mr. ENGEL, H.R. 939. A bill to amend the Help America Mr. TOWNS, Mr. BROWN of Ohio, and Mr. CROWLEY, Ms. CORRINE BROWN of Vote Act of 2002 to require a voter-verified Ms. WATERS): Florida, Mr. GONZALEZ, Mr. RUSH, paper record, to improve provisional bal- H.R. 946. A bill to establish the Inde- Mr. MCGOVERN, Mr. GUTIERREZ, Mr. loting, to impose additional requirements pendent Commission on the 2004 Coup d’Etat RANGEL, Mr. OWENS, Mr. SERRANO, under such Act, and for other purposes; to in the Republic of Haiti; to the Committee Mr. REYES, Mr. HASTINGS of Florida, the Committee on House Administration, on International Relations. Mrs. CHRISTENSEN, Ms. VELA´ ZQUEZ, and in addition to the Committee on the Ju- By Mr. LEWIS of Kentucky (for him- Ms. LINDA T. SA´ NCHEZ of California, diciary, for a period to be subsequently de- self, Mr. CARDOZA, Mr. BISHOP of and Mr. BACA): termined by the Speaker, in each case for Utah, Mr. ETHERIDGE, Mr. LAHOOD, H.R. 953. A bill to authorize the establish- consideration of such provisions as fall with- Mr. BUTTERFIELD, and Mr. BARTLETT ment of a Social Investment and Economic in the jurisdiction of the committee con- of Maryland): Development Fund for the Americas to pro- cerned. H.R. 947. A bill to amend the Internal Rev- vide assistance to reduce poverty and foster By Mr. KELLER (for himself, Mr. enue Code of 1986 to provide for a nonrefund- increased economic opportunity in the coun- EHLERS, Mr. HOEKSTRA, Mr. WELDON able tax credit against income tax for indi- tries of the Western Hemisphere, and for of Florida, Mr. SHAW, Ms. ROS- viduals who purchase a residential safe stor- other purposes; to the Committee on Inter- LEHTINEN, Mr. FOLEY, Ms. HARRIS, age device for the safe storage of firearms; to national Relations, and in addition to the Mr. DICKS, Mr. JONES of North Caro- the Committee on Ways and Means. Committee on Financial Services, for a pe- lina, Mr. DUNCAN, Mr. RENZI, Mr. By Mrs. MALONEY (for herself, Mr. riod to be subsequently determined by the BROWN of South Carolina, Mrs. MIL- KING of New York, Mr. ACKERMAN, Speaker, in each case for consideration of LER of Michigan, Mr. TAYLOR of Mis- Mr. HINCHEY, Mr. RANGEL, Mr. NAD- such provisions as fall within the jurisdic- sissippi, and Mr. UPTON): LER, Mr. BISHOP of New York, Mr. tion of the committee concerned. H.R. 940. A bill to amend the Longshore SERRANO, Mrs. LOWEY, Mrs. MCCAR- By Mr. NEY (for himself and Mr. and Harbor Workers’ Compensation Act to THY, Mr. TOWNS, and Mr. MCNULTY): HOLDEN): clarify the exemption for recreational vessel H.R. 948. A bill to amend title 10, United H.R. 954. A bill to improve the safety of support employees, and for other purposes; States Code, to provide that members of the rural roads; to the Committee on Transpor- to the Committee on Education and the National Guard who served in the counties tation and Infrastructure. Workforce. declared Federal disasters areas in response By Mr. OLVER (for himself and Mr. By Mrs. KELLY: to the September 11, 2001, terrorist attacks GILCHREST): H.R. 941. A bill to amend the Internal Rev- on the United States, and who served under H.R. 955. A bill to amend the Clean Air Act enue Code of 1986 to modify the limitation on State duty so that they could immediately to establish an inventory, registry, and in- the deduction for college tuition and related assist in the response to the terrorist at- formation system of United States green- expenses and to make the deduction perma- tacks should have that service counted as house gas emissions to inform the public and nent; to the Committee on Ways and Means. Federal active duty for purposes of military private sectors concerning, and encourage By Ms. KILPATRICK of Michigan (for retirement credit; to the Committee on voluntary reductions in, greenhouse gas herself, Mr. MCDERMOTT, and Ms. Armed Services. emissions, and for other purposes; to the NORTON): By Mrs. MALONEY (for herself and Ms. Committee on Energy and Commerce. H.R. 942. A bill to require government PRYCE of Ohio): By Mr. OLVER (for himself, Mr. BASS, agencies carrying out surface transportation H.R. 949. A bill to improve the health of Mr. BRADLEY of New Hampshire, Mr. projects to conduct a cost-benefit analysis women through the establishment of Offices MCGOVERN, Mr. MARKEY, Mr. MEE- before procuring architectural, engineering, of Women’s Health within the Department of HAN, and Mr. TIERNEY): and related services from a private con- Health and Human Services; to the Com- H.R. 956. A bill to establish the Freedom’s tractor, and for other purposes; to the Com- mittee on Energy and Commerce. Way National Heritage Area in the States of mittee on Transportation and Infrastruc- By Mrs. MALONEY (for herself, Mr. Massachusetts and New Hampshire, and for ture, and in addition to the Committee on RANGEL, Ms. MILLENDER-MCDONALD, other purposes; to the Committee on Re- Government Reform, for a period to be sub- Mr. WEXLER, and Mr. GONZALEZ): sources. sequently determined by the Speaker, in H.R. 950. A bill to authorize assistance to By Ms. PELOSI (for herself and Mr. each case for consideration of such provi- support programs to protect children who LANTOS): sions as fall within the jurisdiction of the are homeless or orphaned as a result of the H.R. 957. A bill to clarify the authorities committee concerned. tsunamis that occurred on December 26, 2004, for the use of certain National Park Service By Mr. LANGEVIN (for himself, Mr. in the Indian Ocean from becoming victims properties within Golden Gate National KENNEDY of Rhode Island, and Mr. of trafficking; to the Committee on Inter- Recreation Area and San Francisco Mari- CONYERS): national Relations. time National Historical Park, and for other H.R. 943. A bill to direct the Consumer By Mr. MARKEY: purposes; to the Committee on Resources. Product Safety Commission to issue stand- H.R. 951. A bill to reinstate the Federal By Mr. PETRI (for himself, Mr. KAN- ards addressing open flame ignition of con- Communications Commission’s rules for the JORSKI, and Mr. RAHALL):

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A bill to amend the Internal Rev- purpose of influencing or seeking a change in ficking Victims Protection Act of 2000, and enue Code of 1986 to provide a credit and a a law or regulation of the United States that for other purposes; to the Committee on deduction for small political contributions; would ease any restriction on a state sponsor International Relations, and in addition to to the Committee on Ways and Means. of terrorism, and for other purposes; to the the Committees on Armed Services, the Ju- By Mr. PITTS (for himself, Mr. Committee on the Judiciary, and in addition diciary, and Energy and Commerce, for a pe- ENGLISH of Pennsylvania, Mr. to the Committee on International Rela- riod to be subsequently determined by the NEUGEBAUER, Mr. OTTER, Mr. tions, for a period to be subsequently deter- Speaker, in each case for consideration of HASTINGS of Florida, Mr. TAYLOR of mined by the Speaker, in each case for con- such provisions as fall within the jurisdic- Mississippi, and Ms. HOOLEY): sideration of such provisions as fall within tion of the committee concerned. H.R. 959. A bill to amend title 49, United the jurisdiction of the committee concerned. By Mr. SMITH of Washington (for him- States Code, to allow additional transit sys- By Mr. SAXTON: self, Mr. SHAYS, Mr. SHERMAN, Mr. tems greater flexibility with certain mass H.R. 966. A bill to require the Nuclear Reg- ENGLISH of Pennsylvania, Mr. KIND, transportation projects; to the Committee ulatory Commission to consider certain cri- Mr. WOLF, Mr. EMANUEL, Mr. HEFLEY, on Transportation and Infrastructure. teria in relicensing nuclear facilities, and to and Mr. DAVIS of Florida): By Mr. PLATTS: provide for an independent assessment of the H.R. 973. A bill to establish the Program H.R. 960. A bill to amend the Law Enforce- Oyster Creek Nuclear Generating Station by Reform Commission to review unnecessary ment Pay Equity Act of 2000 to permit cer- the National Academy of Sciences prior to Federal programs and make recommenda- tain annuitants of the retirement programs any relicensing of that facility; to the Com- tions for termination, modification, or re- of the United States Park Police and United mittee on Energy and Commerce. tention of such programs, and to express the States Secret Service Uniformed Division to By Mr. SAXTON: sense of the Congress that the Congress receive the adjustments in pension benefits H.R. 967. A bill to provide that normal should promptly consider legislation that to which such annuitants would otherwise be trade relations treatment may not be ex- would make the changes in law necessary to entitled as a result of the conversion of tended to the products of any country the implement the recommendations; to the members of the United States Park Police government of which engages in certain vio- Committee on Government Reform. lations of human rights; to the Committee and United States Secret Service Uniformed By Mr. SMITH of Washington (for him- on Ways and Means. Division to a new salary schedule under the self, Mr. SHAYS, Mr. SHERMAN, Mr. By Mr. SAXTON (for himself, Ms. amendments made by such Act; to the Com- ENGLISH of Pennsylvania, Mr. KIND, GINNY BROWN-WAITE of Florida, Mr. mittee on Government Reform. Mr. WOLF, Mr. EMANUEL, Mr. HEFLEY, FOLEY, Mr. BILIRAKIS, Mr. WILSON of By Mr. PLATTS: and Mr. DAVIS of Florida): H.R. 961. A bill to amend title II of the So- South Carolina, Mr. SMITH of New H.R. 974. A bill to establish the Corporate cial Security Act to provide that a monthly Jersey, Mr. LYNCH, Mr. PAUL, Mr. Subsidy Reform Commission to review in- insurance benefit thereunder shall be paid WHITFIELD, Mr. EDWARDS, Mr. MILLER equitable Federal subsidies and make rec- for the month in which the recipient dies, of Florida, Mr. BROWN of South Caro- ommendations for termination, modifica- subject to a reduction of 50 percent if the re- lina, Mr. MCGOVERN, Mr. ANDREWS, tion, or retention of such subsidies, and to cipient dies during the first 15 days of such Mr. CALVERT, Mr. TOM DAVIS of Vir- state the sense of the Congress that the Con- month, and to increase the lump sum death ginia, Mr. PICKERING, and Mr. gress should promptly consider legislation payment to reflect changes in the cost of liv- LOBIONDO): that would make the changes in law nec- H.R. 968. A bill to amend title 10, United ing; to the Committee on Ways and Means. essary to implement the recommendations; States Code, to change the effective date for By Mr. PLATTS (for himself and Mr. to the Committee on Government Reform, paid-up coverage under the military Sur- SKELTON): and in addition to the Committee on Ways vivor Benefit Plan from October 1, 2008, to H.R. 962. A bill to amend title 10, United October 1, 2005; to the Committee on Armed and Means, for a period to be subsequently States Code, to allow faculty members at De- Services. determined by the Speaker, in each case for partment of Defense service academies and By Ms. SCHAKOWSKY (for herself, Ms. consideration of such provisions as fall with- schools of professional military education to in the jurisdiction of the committee con- SOLIS, Ms. NORTON, Mr. EVANS, Mr. secure copyrights for certain scholarly cerned. MCGOVERN, Mr. DOGGETT, Mr. works that they produce as part of their offi- By Mr. TANCREDO (for himself, Mr. SERRANO, Mr. WEXLER, Mr. BRADY of cial duties in order to submit such works for UDALL of Colorado, Mr. BEAUPREZ, Pennsylvania, Mr. SANDERS, Ms. KIL- publication, and for other purposes; to the Mr. OTTER, Mr. HEFLEY, and Mrs. PATRICK of Michigan, Mr. Committee on the Judiciary, and in addition MUSGRAVE): BUTTERFIELD, Mr. MCDERMOTT, Mr. to the Committees on Transportation and In- H.R. 975. A bill to provide consistent en- STARK, Mr. NADLER, Ms. WASSERMAN frastructure, and Armed Services, for a pe- forcement authority to the Bureau of Land SCHULTZ, Ms. WATSON, Ms. CARSON, riod to be subsequently determined by the Management, the National Park Service, the and Ms. WOOLSEY): Speaker, in each case for consideration of H.R. 969. A bill to provide additional pro- United States Fish and Wildlife Service, and such provisions as fall within the jurisdic- tections for recipients of the earned income the Forest Service to respond to violations tion of the committee concerned. tax credit, and for other purposes; to the of regulations regarding the management, By Ms. PRYCE of Ohio (for herself and Committee on Ways and Means, and in addi- use, and protection of public lands under the Mr. MURTHA): tion to the Committee on Financial Serv- jurisdiction of these agencies, and for other H.R. 963. A bill to improve the palliative ices, for a period to be subsequently deter- purposes; to the Committee on Resources, and end-of-life care provided to children with mined by the Speaker, in each case for con- and in addition to the Committee on Agri- life-threatening conditions, and for other sideration of such provisions as fall within culture, for a period to be subsequently de- purposes; to the Committee on Energy and the jurisdiction of the committee concerned. termined by the Speaker, in each case for Commerce, and in addition to the Committee By Mr. SCHIFF (for himself and Mrs. consideration of such provisions as fall with- on Ways and Means, for a period to be subse- BONO): in the jurisdiction of the committee con- quently determined by the Speaker, in each H.R. 970. A bill to increase and enhance law cerned. case for consideration of such provisions as enforcement resources committed to inves- By Mr. TERRY (for himself, Mr. JONES fall within the jurisdiction of the committee tigation and prosecution of violent gangs, to of North Carolina, Mr. SESSIONS, Mr. concerned. deter and punish violent gang crime, to pro- BOUCHER, Mr. SAXTON, Mr. KENNEDY By Mr. RENZI (for himself, Mr. ABER- tect law-abiding citizens and communities of Minnesota, Mr. PAUL, Ms. GINNY CROMBIE, Mr. LYNCH, Mr. TERRY, Mr. from violent criminals, to revise and en- BROWN-WAITE of Florida, Mr. SIMP- ROSS, and Mrs. JO ANN DAVIS of Vir- hance criminal penalties for violent crimes, SON, Mr. MCCOTTER, Mrs. MUSGRAVE, ginia): to reform and facilitate prosecution of juve- Mr. SOUDER, Mr. GORDON, Mr. HYDE, H.R. 964. A bill to amend title XVIII of the nile gang members who commit violent and Mr. PETERSON of Minnesota): Social Security Act to recognize the services crimes, to expand and improve gang preven- H.R. 976. A bill to amend the Internal Rev- of respiratory therapists under the plan of tion programs, and for other purposes; to the enue Code of 1986 to provide that distribu- care for home health services; to the Com- Committee on the Judiciary. tions from an individual retirement plan, a mittee on Ways and Means, and in addition By Mr. SIMMONS: section 401(k) plan, or a section 403(b) con- to the Committee on Energy and Commerce, H.R. 971. A bill to extend the deadline for tract shall not be includible in gross income for a period to be subsequently determined commencement of construction of certain to the extent used to pay long-term care in- by the Speaker, in each case for consider- hydroelectric projects in Connecticut, and surance premiums; to the Committee on ation of such provisions as fall within the ju- for other purposes; to the Committee on En- Ways and Means. risdiction of the committee concerned. ergy and Commerce. By Mr. TIAHRT: By Ms. ROS-LEHTINEN (for herself, By Mr. SMITH of New Jersey (for him- H.R. 977. A bill to amend the Occupational Mr. LINCOLN DIAZ-BALART of Florida, self, Mr. LANTOS, Mr. PAYNE, Mr. Safety and Health Act of 1970 with respect to and Mr. MARIO DIAZ-BALART of Flor- BLUNT, Mr. WOLF, Mr. CARDIN, Ms. enforcement provisions; to the Committee ida): ROS-LEHTINEN, Mr. PITTS, Mr. PENCE, on Education and the Workforce. H.R. 965. A bill to hold accountable Mem- and Mr. FALEOMAVAEGA): By Mr. TIAHRT: bers of Congress who advocate on behalf of a H.R. 972. A bill to authorize appropriations H.R. 978. A bill to amend the Occupational foreign person or commercial entity for the for fiscal years 2006 and 2007 for the Traf- Safety and Health Act of 1970 with respect to

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enforcement provisions; to the Committee Alabama, Mr. ENGLISH of Pennsyl- United States relating to Congressional suc- on Education and the Workforce. vania, Mr. ETHERIDGE, Mr. HOLT, Mr. cession; to the Committee on the Judiciary. By Mr. TIAHRT: HOLDEN, Ms. MILLENDER-MCDONALD, By Mr. CHABOT: H.R. 979. A bill to amend the Occupational Mr. KENNEDY of Rhode Island, Mr. H. Con. Res. 70. Concurrent resolution ex- Safety and Health Act of 1970 with respect to PEARCE, Mr. MOORE of Kansas, Mr. pressing the sense of Congress that the enforcement provisions; to the Committee PAUL, Mr. SHIMKUS, Mr. SIMPSON, Mr. United States should strongly oppose China’s on Education and the Workforce. TIBERI, Mr. SHERMAN, Mr. WILSON of anti-secession legislation with respect to By Mr. TIAHRT: South Carolina, Mr. SIMMONS, Mr. Taiwan; to the Committee on International H.R. 980. A bill to amend the Occupational UDALL of New Mexico, Mr. SOUDER, Relations. Safety and Health Act of 1970 with respect to Mr. MILLER of Florida, Ms. CARSON, By Ms. LEE (for herself, Ms. CORRINE enforcement provisions; to the Committee Mr. ALLEN, Mr. BEAUPREZ, and Mr. BROWN of Florida, Mrs. JONES of on Education and the Workforce. DAVIS of Kentucky): Ohio, Ms. EDDIE BERNICE JOHNSON of By Mr. TIAHRT: H.R. 986. A bill to amend the Internal Rev- Texas, Mrs. CHRISTENSEN, Mr. MEEKS H.R. 981. A bill to amend the Occupational enue Code of 1986 to provide a tax credit for of New York, Ms. KILPATRICK of Safety and Health Act of 1970 with respect to teachers and principals who work in certain Michigan, Mr. SERRANO, Mr. PAYNE, enforcement provisions; to the Committee low income schools; to the Committee on Mr. RANGEL, Mr. TOWNS, Mr. WATT, on Education and the Workforce. Ways and Means. Mr. VAN HOLLEN, Mr. LEWIS of Geor- By Mr. UDALL of Colorado: By Ms. WOOLSEY (for herself, Ms. LEE, gia, Mr. RUSH, Mr. OWENS, Mr. H.R. 982. A bill to amend the Congressional Mr. BOSWELL, Mr. COOPER, Mr. KUCINICH, Mr. WEINER, Mr. CUMMINGS, Budget and Impoundment Control Act of 1974 GRIJALVA, Mr. KILDEE, Mr. WAXMAN, Ms. NORTON, Mr. LANTOS, Mr. to provide for the expedited consideration of Mr. CUMMINGS, Ms. KAPTUR, Mr. HASTINGS of Florida, Mr. FORD, Mr. certain proposed rescissions of budget au- MEEKS of New York, Mr. VAN ENGEL, Mr. MEEK of Florida, Mr. thority; to the Committee on the Budget, HOLLEN, Mr. MCDERMOTT, Ms. CLAY, Mr. JEFFERSON, Mr. GRIJALVA, and in addition to the Committee on Rules, MILLENDER-MCDONALD, Mr. GUTIER- Ms. WATERS, and Ms. JACKSON-LEE of for a period to be subsequently determined REZ, Mrs. MCCARTHY, Mr. NADLER, Texas): H. Con. Res. 71. Concurrent resolution ex- by the Speaker, in each case for consider- Mrs. CHRISTENSEN, Mr. OWENS, Mr. pressing the sense of Congress that there ation of such provisions as fall within the ju- LANTOS, Mr. TIERNEY, Mr. should be established a Caribbean-American risdiction of the committee concerned. BUTTERFIELD, Mr. WEINER, Ms. HAR- Heritage Month; to the Committee on Gov- By Mr. UDALL of New Mexico (for MAN, Mr. MCINTYRE, and Ms. EDDIE ernment Reform. himself, Mr. UDALL of Colorado, Mr. BERNICE JOHNSON of Texas): LEACH, Mr. PALLONE, Mr. WAXMAN, H.R. 987. A bill to provide funding for pro- By Mr. MARKEY (for himself, Mr. HOB- Mr. SHAYS, and Mr. PLATTS): grams at the National Institute of Environ- SON, Mr. CAPUANO, Mr. OLVER, Mr. H.R. 983. A bill to amend title VI of the mental Health Sciences regarding breast MEEHAN, Mr. MCGOVERN, Mr. Public Utility Regulatory Policies Act of cancer in younger women, and for other pur- TIERNEY, Mr. LYNCH, Mr. LEWIS of 1978 to establish a Federal renewable energy poses; to the Committee on Energy and Com- Georgia, Mr. MEEKS of New York, Mr. portfolio standard for certain retail electric merce. PAYNE, Mr. SCOTT of Georgia, Mr. utilities, and for other purposes; to the Com- By Mr. YOUNG of Alaska (for himself, JACKSON of Illinois, Mr. THOMPSON of Mississippi, Ms. KILPATRICK of Michi- mittee on Energy and Commerce. Mr. KING of New York, Mrs. gan, Mr. CLEAVER, Mr. RUSH, Mr. By Mr. UDALL of New Mexico (for MALONEY, and Mr. CANNON): himself, Mr. SERRANO, Mr. GRIJALVA, H.R. 988. A bill to require the Secretary of HASTINGS of Florida, Mr. CUMMINGS, Mr. MENENDEZ, Mr. MCDERMOTT, Ms. the Treasury to mint coins in commemora- Mr. JEFFERSON, Mrs. CHRISTENSEN, LINDA T. SA´ NCHEZ of California, Mr. tion of the founding of America’s National Ms. NORTON, Ms. MOORE of Wisconsin, GONZALEZ, and Mr. HINOJOSA): Parks, and for other purposes; to the Com- Mr. SCOTT of Virginia, Mr. DELAHUNT, H.R. 984. A bill to designate the United mittee on Financial Services. Mr. NEAL of Massachusetts, Mr. RAN- States courthouse at South Federal Place in By Mr. COOPER (for himself, Mr. GEL, Mr. BISHOP of Georgia, Mr. Santa Fe, New Mexico, as the ‘‘Santiago E. CARDOZA, Mr. MATHESON, Mr. BOYD, BUTTERFIELD, Ms. CORRINE BROWN of Campos United States Courthouse‘‘; to the Mr. ROSS, Mr. BARROW, Mr. CASE, Mr. Florida, Mr. DAVIS of Illinois, Ms. Committee on Transportation and Infra- MICHAUD, Mr. DAVIS of Tennessee, LEE, Ms. WATSON, Mr. MEEK of Flor- structure. Mr. SALAZAR, Ms. HARMAN, Mr. ida, Mrs. JONES of Ohio, Ms. JACKSON- By Mrs. WILSON of New Mexico (for THOMPSON of California, Mr. COSTA, LEE of Texas, and Mr. TOWNS): H. Con. Res. 72. Concurrent resolution ex- herself, Mrs. CHRISTENSEN, Mr. Mr. BOSWELL, Ms. HERSETH, Mr. pressing the sense of Congress that W.E.B. OTTER, Mr. GORDON, Mrs. JOHNSON of MOORE of Kansas, Mr. SCOTT of Geor- DuBois should be recognized for his legacy of Connecticut, Mr. WYNN, Mr. MCHUGH, gia, Mr. CHANDLER, Mr. TANNER, Mr. devotion civil rights and scholarly advance- Mr. RUSH, Mr. KING of New York, Mr. FORD, Mr. BERRY, Mr. MCINTYRE, Mr. ment, and as a defender of freedom; to the ENGEL, Mr. PLATTS, Mr. UDALL of BISHOP of Georgia, and Mr. TAYLOR of Committee on Education and the Workforce. New Mexico, Mr. LOBIONDO, Mr. RAN- Mississippi): GEL, Mr. SAXTON, Mr. NEAL of Massa- H.J. Res. 22. A joint resolution proposing a By Mr. MCCRERY: H. Con. Res. 73. Concurrent resolution sup- chusetts, Mr. ENGLISH of Pennsyl- balanced budget amendment to the Constitu- porting the goals and ideals of National High vania, Ms. CORRINE BROWN of Florida, tion of the United States; to the Committee School Seniors Voter Registration Day; to Ms. CARSON, Mr. CLAY, Mr. CLYBURN, on the Judiciary. Mr. CONYERS, Mr. CUMMINGS, Mr. the Committee on House Administration. By Ms. HERSETH (for herself and Mrs. By Mr. MEEKS of New York (for him- DAVIS of Alabama, Mr. DAVIS of Illi- CUBIN): self, Ms. LEE, Mr. PAYNE, Mr. CROW- nois, Mr. HASTINGS of Florida, Ms. H.J. Res. 23. A joint resolution dis- LEY, Mrs. CHRISTENSEN, Mr. RANGEL, JACKSON-LEE of Texas, Ms. EDDIE approving the rule submitted by the Depart- BERNICE JOHNSON of Texas, Mrs. Ms. CARSON, and Mr. CONYERS): ment of Agriculture relating to the estab- H. Con. Res. 74. Concurrent resolution ex- JONES of Ohio, Ms. LEE, Mr. MEEK of lishment of minimal-risk regions for the in- pressing the sense of Congress with respect Florida, Mr. MEEKS of New York, Ms. troduction of bovine spongiform to the urgency of providing adequate assist- MOORE of Wisconsin, Ms. NORTON, Mr. encephalopathy into the United States; to ance to the Co-operative Republic of Guyana PAYNE, Mr. SCOTT of Virginia, Ms. the Committee on Agriculture. devastated by severe flooding as a result of WATSON, Mr. OLVER, Mr. SCOTT of By Mr. HOYER (for himself, Mr. BER- torrential rains from late December 2004 to Georgia, Mr. THOMPSON of Mis- MAN, Mr. SENSENBRENNER, Mr. SABO, January 2005; to the Committee on Inter- sissippi, Ms. WATERS, Mr. JACKSON of and Mr. PALLONE): national Relations. Illinois, Mr. BISHOP of Georgia, Mr. H.J. Res. 24. A joint resolution proposing By Mr. MEEKS of New York: BUTTERFIELD, Mr. CLEAVER, Mr. an amendment to the Constitution of the H. Con. Res. 75. Concurrent resolution ex- FATTAH, Mr. FORD, Mr. AL GREEN of United States to repeal the 22nd amendment pressing the sense of the Congress that the Texas, Mr. JEFFERSON, Ms. KIL- to the Constitution; to the Committee on the illegal importation of prescription drugs se- PATRICK of Michigan, Mr. LEWIS of Judiciary. verely undermines the regulatory protec- Georgia, Ms. MCKINNEY, Ms. By Mr. MICHAUD: tions afforded to United States consumers, MILLENDER-MCDONALD, Mr. OWENS, H.J. Res. 25. A joint resolution proposing and for other purposes; to the Committee on Mr. WATT, Mr. CROWLEY, Mr. GER- an amendment to the Constitution of the Energy and Commerce, and in addition to LACH, and Mr. WALSH): United States relating to the maintenance of the Committee on Ways and Means, for a pe- H.R. 985. A bill to provide for the establish- a system of social insurance that provides riod to be subsequently determined by the ment of a Bipartisan Commission on Med- social security for its citizens; to the Com- Speaker, in each case for consideration of icaid; to the Committee on Energy and Com- mittee on the Judiciary. such provisions as fall within the jurisdic- merce. By Mr. ROHRABACHER (for himself tion of the committee concerned. By Mrs. WILSON of New Mexico (for and Mr. BAIRD): By Mr. MILLER of Florida: herself, Mr. BOSWELL, Mr. BERRY, Mr. H.J. Res. 26. A joint resolution proposing H. Con. Res. 76. Concurrent resolution ex- BOEHNER, Mr. CARDOZA, Mr. DAVIS of an amendment to the Constitution of the pressing the sense of Congress that the

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A resolution recognizing the BACA, Mr. BAIRD, Mr. BERRY, Mr. BISHOP of BUTTERFIELD, Mr. CAPUANO, Mrs. contributions of the United States Marine Georgia, Mr. BLUMENAUER, Ms. BORDALLO, CHRISTENSEN, Mr. CUMMINGS, Mr. FIL- Corps and other units of the United States Mr. BOYD, Mr. CAPUANO, Mr. CARDIN, Mr. NER, Mr. GRIJALVA, Ms. JACKSON-LEE Armed Forces on the occasion of the 60th an- CLYBURN, Mr. CONYERS, Mr. COOPER, Mr. of Texas, Ms. KAPTUR, Ms. KIL- niversary of the Battle of Iwo Jima during CRAMER, Mr. CASE, Mr. CUMMINGS, Mr. DAVIS PATRICK of Michigan, Mr. LEWIS of World War II; to the Committee on Armed of Alabama, Mr. DAVIS of Illinois, Mr. DAVIS Georgia, Mr. MEEKS of New York, Mr. Services. of Tennessee, Mr. DEFAZIO, Mr. DELAHUNT, MOORE of Kansas, Mr. OWENS, Mr. By Mr. BLUMENAUER (for himself and Mr. DICKS, Mr. EMANUEL, Mr. ENGEL, Mr. SCOTT of Virginia, Mr. THOMPSON of Mr. LEACH): FORD, Mr. FRANK of Massachusetts, Mr. GON- Mississippi, Ms. WATERS, Mr. BISHOP H. Res. 120. A resolution commending the ZALEZ, Mr. MARSHALL, Mr. MATHESON, Mrs. of Georgia, Ms. CORRINE BROWN of outstanding efforts by members of the MCCARTHY, Ms. MCCOLLUM OF MINNESOTA, Florida, Mr. CLAY, Mr. DAVIS of Ala- Armed Forces and civilian employees of the Mr. MCDERMOTT, Mr. MCGOVERN, Mr. bama, Mr. FATTAH, Mr. FORD, Mr. Department of State and the United States MCNULTY, Mr. LYNCH, Mr. MENENDEZ, Mr. GUTIERREZ, Mr. JACKSON of Illinois, Agency for International Development in re- MICHAUD, Ms. MILLENDER-MCDONALD, Mr. Mr. KENNEDY of Rhode Island, Ms. sponse to the earthquake and tsunami of De- MILLER of North Carolina, Mr. GEORGE MIL- LEE, Ms. ZOE LOFGREN of California, cember 26, 2004; to the Committee on Inter- LER of California, Mr. MOORE of Kansas, Mr. Mr. MEEK of Florida, Ms. MILLENDER- national Relations, and in addition to the OLVER, Mr. ORTIZ, Mr. OWENS, Mr. PASCRELL, MCDONALD, Mr. PAYNE, Mr. SCOTT of Committee on Armed Services, for a period Ms. HARMAN, Mr. HASTINGS of Florida, Mr. Georgia, Mr. SERRANO, Mr. TOWNS, to be subsequently determined by the Speak- HINCHEY, Mr. HINOJOSA, Mr. HOLDEN, Mr. Mr. UPTON, Ms. WATSON, Mr. er, in each case for consideration of such pro- HOLT, Mr. GRIJALVA, Mr. HOYER, Ms. JACK- MCDERMOTT, Mr. RANGEL, and Mr. visions as fall within the jurisdiction of the SON-LEE OF TEXAS, Mr. JEFFERSON, Ms. EDDIE HASTINGS of Florida): committee concerned. BERNICE JOHNSON of Texas, Mr. KILDEE, Ms. H. Con. Res. 77. Concurrent resolution ex- By Mr. COOPER (for himself, Mr. TAN- KILPATRICK of Michigan, Mr. KANJORSKI, Mr. pressing the sense of Congress with respect NER, Mr. CARDOZA, Mr. MATHESON, LANGEVIN, Mr. LARSEN of Washington, Ms. to the murder of Emmett Till; to the Com- Mr. BOYD, Mr. ROSS, Mr. BARROW, Mr. LEE, Mr. SALAZAR, Ms. LINDA T. SA´ NCHEZ of mittee on the Judiciary. CASE, Mr. MICHAUD, Mr. DAVIS of California, Mr. RUSH, Ms. SCHAKOWSKY, Mr. By Mr. SCHIFF (for himself, Ms. ROS- Tennessee, Mr. SALAZAR, Ms. HAR- SCHIFF, Mr. SKELTON, Mr. SCOTT of Virginia, LEHTINEN, Mr. ACKERMAN, and Mr. MAN, Mr. THOMPSON of California, Mr. Mr. STRICKLAND, Mr. PRICE of North Caro- BERMAN): COSTA, Mr. BOSWELL, Ms. HERSETH, lina, Mr. RAHALL, Mr. TANNER, Mrs. H. Con. Res. 78. Concurrent resolution ex- Mr. MELANCON, Mr. MOORE of Kansas, pressing the grave concern of Congress re- TAUSCHER, Mr. TAYLOR of Mississippi, Mr. Mr. SCOTT of Georgia, Mr. CHANDLER, garding the arrest of Ayman Nour, the leader THOMPSON of California, Mr. TOWNS, Mr. Mr. FORD, Mr. BERRY, Mr. MCINTYRE, of the Al Ghad party, by the Government of UDALL of Colorado, Mr. UDALL of New Mex- Mr. BISHOP of Georgia, Mr. SCHIFF, the Arab Republic of Egypt and the support ico, Mr. ROSS, Mr. WATT, Mr. LINCOLN DIAZ- and Mr. TAYLOR of Mississippi): of Congress for continued progress toward BALART of Florida, Mr. MARIO DIAZ-BALART H. Res. 121. A resolution amending the democracy in Egypt; to the Committee on of Florida, Mr. ENGLISH of Pennsylvania, Rules of the House of Representatives to International Relations. Mrs. BIGGERT, Mr. CHABOT, Mrs. CAPITO, Mr. strengthen the budget process; to the Com- By Mr. ISSA (for himself, Mr. JONES of COLE of Oklahoma, Mr. HUNTER, Mr. HYDE, mittee on Rules. North Carolina, Mr. BLUNT, Ms. KAP- Mrs. KELLY, Mr. GARRETT of New Jersey, Mr. By Mr. HOLT (for himself and Mr. TUR, Mr. LAHOOD, Mr. RAHALL, Mrs. HOSTETTLER, Mr. KNOLLENBERG, Mrs. TIBERI): NAPOLITANO, Mr. TANNER, Mr. TAY- MUSGRAVE, Mr. OSBORNE, Mr. PETERSON of H. Res. 122. A resolution expressing the Pennsylvania, Mr. YOUNG of Alaska, Mr. LOR of Mississippi, Mr. COOPER, Mr. sense of the House of Representatives regard- DAVIS of Tennessee, Mr. COX, Mr. LATOURETTE, Ms. PRYCE of Ohio, Mr. WAL- ing the study of languages and supporting DEN of Oregon, and Mr. WHITFIELD. GARRETT of New Jersey, Mr. FLAKE, the designation of a Year of Languages; to Mr. KOLBE, Mr. GILCHREST, Mrs. H.R. 27: Mr. LATHAM. the Committee on Education and the Work- OHMERT CUBIN, Mr. POMBO, Mr. CUNNINGHAM, H.R. 37: Mr. G . force. H.R. 41: Mr. OTTER. Mr. REYES, Mr. ROHRABACHER, Mr. By Mr. KING of New York: H.R. 44: Mr. RUPPERSBERGER, Mr. CARDIN, HAYES, Mr. GREEN of Wisconsin, Mr. H. Res. 123. A resolution establishing a Se- Mr. WYNN, Mr. HOYER, and Mr. VAN HOLLEN. WELLER, Mr. JENKINS, Mr. KENNEDY lect Committee on POW and MIA Affairs; to H.R. 49: Mr. PRICE of North Carolina. of Minnesota, Mr. SOUDER, Mr. the Committee on Rules. H.R. 64: Mr. GERLACH. NUNES, Mrs. KELLY, Mrs. CAPITO, Mr. H.R. 65: Mr. SOUDER, Mr. PAUL, Mr. CAL- REHBERG, Mrs. WILSON of New Mex- f VERT, Mr. HOSTETTLER, Mr. JONES of North ico, Mr. OSBORNE, Mr. REYNOLDS, Mr. PRIVATE BILLS AND Carolina, Mr. CUNNINGHAM, Mr. THORNBERRY, WICKER, Mr. BEAUPREZ, Mr. RESOLUTIONS Mr. SAM JOHNSON of Texas, Ms. CARSON, Mr. BOUSTANY, Mr. FERGUSON, Mr. BACH- SESSIONS, Mr. WEXLER, and Mr. PITTS. US, Mr. BAKER, Mr. BARTLETT of Under clause 3 of rule XII, private H.R. 66: Mr. OSBORNE. Maryland, Mr. DENT, Mr. SHAW, Mr. bills and resolutions of the following H.R. 68: Mr. CRENSHAW, Mr. KINGSTON, Mr. KILDEE, Ms. BORDALLO, Mr. CASE, Mr. titles were introduced and severally re- LAHOOD, Mr. ROGERS of Alabama, Ms. EHLERS, Mr. ISRAEL, Ms. JACKSON- ferred, as follows: SLAUGHTER, Mr. YOUNG of Florida, Mrs. LEE of Texas, Mr. WILSON of South By Mrs. CUBIN: BIGGERT, Mr. COBLE, Mr. GINGREY, Ms. HAR- Carolina, Mr. BARROW, Mr. SAM JOHN- H.R. 989. A bill for the relief of Ashley Ross RIS, Mr. HULSHOF, Mr. KELLER, Mr. KING of SON of Texas, Mr. EVANS, Mr. LYNCH, Fuller; to the Committee on the Judiciary. New York, Mr. KIRK, Mr. MCHUGH, Mrs. Mr. MCCOTTER, Mr. MCHENRY, Mr. By Mr. GILCHREST: MYRICK, Mr. ROGERS of Kentucky, Mr. SIM- PUTNAM, Ms. BEAN, Mr. BISHOP of H.R. 990. A bill to provide for the transfer MONS, Mr. SODREL, Mr. UPTON, Mr. YOUNG of New York, Mr. BRADY of Pennsyl- of the decommissioned destroyer ex-U.S.S. Alaska, Mr. KNOLLENBERG, and Mr. KILDEE. vania, Ms. KILPATRICK of Michigan, Forrest Sherman (DD-931) to the USS For- H.R. 69: Mr. BARRETT of South Carolina, Mr. PICKERING, Mr. COSTA, Mrs. rest Sherman DD-931 Foundation, Inc., a Mr. TAYLOR of Mississippi, and Mr. LIPINSKI. DAVIS of California, Ms. WATSON, Mr. nonprofit organization under the laws of the H.R. 114: Mr. KENNEDY of Rhode Island. MARKEY, Mr. FARR, Mr. HERGER, Mr. State of Maryland; to the Committee on H.R. 115: Mr. BOEHLERT. HOSTETTLER, Mr. MORAN of Virginia, Armed Services. H.R. 128: Mr. OLVER, Mr. CUMMINGS, and Mr. HEFLEY, Mr. DUNCAN, Mr. KLINE, By Mr. LATOURETTE: Mr. ORTIZ. Ms. SLAUGHTER, Mr. FOLEY, Mr. H.R. 991. A bill for the relief of Michael H.R. 132: Mr. GILLMOR. MCDERMOTT, Mr. PENCE, Mr. Dvorkin; to the Committee on the Judiciary. H.R. 133: Mr. WEINER. WHITFIELD, Mr. TANCREDO, Mr. By Mr. LATOURETTE: H.R. 135: Mr. BUTTERFIELD. SHIMKUS, Mr. MCGOVERN, Mr. H.R. 992. A bill for the relief of Zdenko H.R. 136: Mr. BARRETT of South Carolina. REICHERT, Mr. RAMSTAD, Mr. MENEN- Lisak; to the Committee on the Judiciary. H.R. 147: Mr. GILLMOR, Mr. BLUNT, Mr. LI- DEZ, Mr. TOM DAVIS of Virginia, Mr. By Mr. MORAN of Virginia: PINSKI, and Mr. PICKERING. PALLONE, Mrs. MCCARTHY, Mr. H.R. 993. A bill for the relief of Van Lien H.R. 192: Mr. MENENDEZ, Mrs. NAPOLITANO, KUCINICH, Mr. COSTELLO, Ms. BERK- Tran, Xuan Mai T. Che, Lien Mai Binh Tran, Mr. PASTOR, Mr. REYES, Ms. LORETTA LEY, Mr. MILLER of Florida, Mr. SEN- Kim Hoan Thi Nguyen, and Nam V. Nguyen; SANCHEZ of California, Ms. SOLIS, Mr. SENBRENNER, Mr. WELDON of Pennsyl- to the Committee on the Judiciary. BUTTERFIELD, Mrs. CHRISTENSEN, Mr. DAVIS

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of Illinois, Ms. JACKSON-LEE of Texas, Mr. H.R. 476: Mr. GUTIERREZ. H.R. 769: Mr. MCNULTY. OWENS, Mr. ORTIZ, Mr. MCNULTY, Mr. MAR- H.R. 496: Mr. OBERSTAR and Ms. LEE. H.R. 771: Mr. CUMMINGS. KEY, and Mr. SCHIFF. H.R. 501: Ms. JACKSON-LEE of Texas. H.R. 772: Mr. MILLER of Florida. H.R. 213: Mr. MARKEY. H.R. 503: Mr. CRENSHAW, Mr. JONES of H.R. 790: Mr. SABO, Mr. MILLER of North H.R. 215: Mr. WEXLER. North Carolina, Mr. KILDEE, Mr. VAN Carolina, and Mr. WATT. H.R. 225: Mr. WEINER. HOLLEN, Mr. FARR, Mr. KING of New York, H.R. 791: Mr. KILDEE, Mr. DICKS, Mr. SIM- H.R. 226: Mr. LIPINSKI. Mr. SHERMAN, Mr. DICKS, Mr. LEVIN, Mr. MONS, Mr. ORTIZ, Mr. CUMMINGS, and Ms. H.R. 227: Mr. WEINER. GEORGE MILLER of California, Mr. DOYLE, Mr. SOLIS. H.R. 282: Mr. BONO, Mr. MEEK of Florida, LEWIS of California, Ms. SCHAKOWSKY, Mrs. and Mr. CLAY. MALONEY, Mr. HASTINGS of Florida, Mr. H.R. 792: Mr. KIND. H.R. 284: Mr. JOHNSON of Illinois. STRICKLAND, Ms. WOOLSEY, Mr. MCNULTY, H.R. 795: Mr. EHLERS, Mr. ISSA, Mr. CAMP, H.R. 292: Mr. HOSTETTLER, Mr. Mr. HINCHEY, and Mr. STARK. Mr. WOLF, Mr. LANTOS, Mr. HERGER, Mr. BLUMENAUER; Mr. ROGERS of Michigan, Mr. H.R. 511: Mr. WEINER. WEINER, Mr. SKELTON, and Mr. UPTON. BARRETT of South Carolina, and Mr. GER- H.R. 513: Mr. BASS and Mr. BISHOP of New H.R. 800: Mr. DENT, Mr. KNOLLENBERG, Mr. LACH. York. WALSH, Mr. SAM JOHNSON of Texas, Mr. H.R. 303: Ms. WOOLSEY. H.R. 516: Mr. PRICE of Georgia. SALAZAR, Mr. KLINE, Mr. KENNEDY of Min- H.R. 311: Mr. ANDREWS, Ms. ROYBAL-AL- H.R. 517: Mr. NUNES and Mr. REICHERT. nesota, Mr. PLATTS, Mr. BEAUPREZ, Mr. LARD, Mr. HONDA, Ms. SCHAKOWSKY, Ms. H.R. 523: Mr. GOODE and Mr. GARRETT of CONAWAY, Mr. SAXTON, Mr. GERLACH, and Mr. WOOLSEY, Ms. KILPATRICK of Michigan, Mr. New Jersey. MCHENRY. UDALL of New Mexico, Mr. CUMMINGS, Mr. H.R. 525: Mr. BARRETT of South Carolina, H.R. 809: Mr. AKIN and Mr. WILSON of South STARK, Mr. SERRANO, Ms. WASSERMAN Mr. BOUSTANY, and Mr. BURTON of Indiana. Carolina. SCHULTZ, Mr. COSTA, Mr. SCOTT of Georgia, H.R. 535: Mr. FILNER, Ms. JACKSON-LEE of H.R. 810: Mr. CHANDLER, Ms. CORRINE Mr. RUPPERSBERGER, Mr. LEWIS of Georgia, Texas, and Ms. WATERS. BROWN of Florida, Mr. ETHERIDGE, MR. WATT, Ms. WATERS, Mr. WATT, Mr. GENE GREEN of H.R. 551: Mr. MCDERMOTT, Ms. WATSON, Mr. Mr. FATTAH, Mrs. JONES of Ohio, Ms. Texas, Mr. TIERNEY, Ms. JACKSON-LEE of GRIJALVA, Ms. LEE, Ms. MCCOLLUM of Min- VELA´ ZQUEZ, Mr. BACA, Ms. MCKINNEY, Ms. Texas, Mr. MEEKS of New York, Mr. nesota, Mr. KUCINICH, Mr. CONYERS, Mr. MILLENDER-MCDONALD, Mr. UDALL of New SALAZAR, Mr. CUELLAR, Mr. BUTTERFIELD, WEXLER, and Mr. NADLER. Mexico, Mr. SERRANO, and Mr. BAIRD. Mr. CASE, Mr. MCINTYRE, Mr. HOLDEN, Mr. H.R. 556: Mr. FITZPATRICK of Pennsylvania H.R. 817: Mr. PETRI and Mr. CLAY. RENZI, Mr. MURTHA, Mr. DOGGETT, Mr. and Mr. UPTON. H.R. 818: Mr. GRIJALVA. FATTAH, Mr. SIMPSON, Ms. HARMAN Mr. H.R. 558: Mr. BASS, Mr. CASE, Mr. SCOTT of MANUEL BECERRA, Mr. GUTIERREZ, Mr. REYES, Mr. Georgia, and Mr. PASTOR. H.R. 819: Mr. E . HINOJOSA, Ms. BERKLEY, Mr. THOMPSON of H.R. 559: Mr. UDALL of New Mexico. H.R. 859: Mr. SIMMONS, Mr. NADLER, Mr. California, Mr. MENENDEZ, Mr. CROWLEY, Mr. H.R. 561: Mr. UPTON. HOLDEN, Mr. MCGOVERN, Mr. SABO, and Mr. KUCINICH, Mr. ABERCROMBIE, Mr. RAHALL, Mr. H.R. 562: Mr. BARTLETT of Maryland. MCNULTY. DOYLE, Mr. LARSON of Connecticut, Mrs. H.R. 566: Mr. BUTTERFIELD. H.R. 864: Mr. MORAN of Virginia, Mr. MEE- CAPPS, Ms. MILLENDER-MCDONALD, Ms. H.R. 567: Mr. BAIRD, Mr. CASE, Mr. LEWIS of HAN, Mr. CONYERS, and Mr. BACA. SLAUGHTER, and Mrs. MCCARTHY. Georgia, and Ms. ROYBAL-ALLARD. H.J. Res. 17: Mr. EVANS. H.R. 312: Mr. OLVER. H.R. 596: Mr. RUSH, Mr. GREEN of Wis- H. Con. Res. 35: Mr. CLAY. consin, Mr. CONYERS, and Mr. PAYNE. H.R. 313: Mr. HULSHOF. H. Con. Res. 38: Mr. SNYDER. H.R. 314: Mr. HULSHOF. H.R. 598: Mr. KENNEDY of Rhode Island. H. Con. Res. 42: Mr. MCNULTY, Mr. WOLF, H.R. 328: Mr. LANTOS, Mr. PAYNE, Mr. H.R. 601: Ms. HARMAN and Mr. SNYDER. and Mr. MILLER of Florida. ORTIZ, Mr. BROWN, of South Carolina, Mr. H.R. 602: Mr. MCINTYRE, Mr. H. Con. Res. 45: Mr. NEAL of Massachusetts CLEAVER, Mr. LARSON of Connecticut, Mr. RUPPERSBERGER, Mr. ORTIZ, Mr. NEAL of and Mr. PORTER. PETERSON of Minnesota, Mr. CONYERS, and Massachusetts, Mr. CASE, Mr. DAVIS of Ala- E AZIO INNY Mr. WEXLER. bama, and Ms. WATERS. H. Con. Res. 50: Mr. D F , Ms. G H.R. 331: Mr. KIND. H.R. 615: Mr. MILLER of Florida, Mr. GENE BROWN-WAITE of Florida, Mr. GUTKNECHT, H.R. 354: Mrs. NORTHUP and Mr. GREEN of Texas, Ms. DELAURO, Mr. FILNER, Mr. DEAL of Georgia, and Mr. FORBES. BUTTERFIELD. Mr. CRAMER, Mr. SMITH of Washington, Mr. H. Con. Res. 53: Mr. SMITH of Texas. H.R. 358: Mr. BARROW, Mr. AL GREEN of MCINTYRE, and Ms. VELA´ ZQUEZ. H. Res. 20: Mrs. BONO, Ms. GINNY BROWN- Texas, Mr. LANGEVIN, Mr. BOREN, Mr. DOO- H.R. 616: Mr. MCINTYRE, Mr. EMANUEL, and WAITE of Florida, Mr. CUNNINGHAM, Mr. DEAL LITTLE, Mrs. EMERSON, Ms. WASSERMAN Mr. CASE. of Georgia, Mr. KINGSTON, and Mr. SESSIONS. SCHULTZ, Ms. SCHWARTZ of Pennsylvania, Mr. H.R. 623: Mr. SESSIONS and Mr. GOODE. H. Res. 30: Mr. BISHOP of New York, Mr. POMEROY, Mr. SABO, Mr. PAYNE, Ms. ROYBAL- H.R. 625: Ms. CARSON and Mr. NEAL of Mas- CASE, Mrs. CHRISTENSEN, Mr. FALEOMAVAEGA, ALLARD, Mr. BECERRA, Mr. LIPINSKI, Ms. sachusetts. Mr. FILNER, Mr. GRIJALVA, Mr. HOBSON, Ms. CORRINE BROWN of Florida, Mr. GENE GREEN H.R. 649: Mr. CLAY. KILPATRICK of Michigan, Mr. MOORE of Kan- of Texas, Mr. EVERETT, Mr. WICKER, and Mr. H.R. 653: Mr. BOSWELL, Mr. CROWLEY, Mr. sas, Mrs. NAPOLITANO, Mr. OWENS, Mr. ROSS, SHERMAN. BISHOP of Georgia, Mr. LARSON of Con- Mr. SCHIFF, Mr. WYNN, Mr. EMANUEL, Ms. H.R. 369: Mr. BUTTERFIELD and Mr. SCHIFF. necticut, Mr. PETERSON of Minnesota, Mr. HARRIS, Mr. HONDA, Mr. RANGEL, Mr. SAND- H.R. 371: Mr. DAVIS of Illinois. GUTIERREZ, Mr. CLEAVER, Mrs. MALONEY, Mr. ERS, and Ms. LORETTA SANCHEZ of California. H.R. 373: Mrs. MALONEY, Mr. GONZALEZ, Mr. MICHAUD, Mr. MCNULTY, and Mr. SCOTT of H. Res. 84: Mr. BOEHNER, Mr. KIND, and Mr. PRICE of North Carolina, Mr. CAPUANO, Mr. Georgia. UPTON. H.R. 670: Mr. BUTTERFIELD. TIERNEY, Mr. DAVIS of Illinois, Mr. OLVER, H. Res. 85: Mr. MCDERMOTT, Ms. LINDA T. H.R. 682: Mr. GOHMERT. and Mr. KENNEDY of Rhode Island. SA´ NCHEZ of California, Mr. SCHIFF, Mr. H.R. 380: Mr. LUCAS. H.R. 685: Mr. LEACH, Mr. PAUL, Mr. BROWN MICHAUD, Mr. WESTMORELAND, and Mr. PRICE of South Carolina, Miss MCMORRIS, Mr. H.R. 387: Mr. GILLMOR, Mr. COLE of Okla- of North Carolina. homa, Mr. WILSON of South Carolina, Mr. REHBERG, Mr. BISHOP of Utah, Mr. FLAKE, H. Res. 91: Mr. LANTOS, Mr. HOLT, Mr. CON- OWENS, Mr. JONES of North Carolina, Mr. Mr. KINGSTON, Mr. GALLEGLY, Mr. TANCREDO, YERS, Mrs. MALONEY, Mr. HYDE, Mr. WILSON MCCAUL of Texas, Mr. ROSS, Mr. JEFFERSON, Mr. PICKERING, Mr. MCCAUL of Texas, Mr. of South Carolina, Mr. COX, and Mr. Mr. KENNEDY of Minnesota, Mr. KUHL of New MCHENRY, Mr. HAYWORTH, and Mr. EVERETT. FALEOMAVAEGA. York, Mr. BAKER, Mrs. JO ANN DAVIS of Vir- H.R. 686: Mr. CARDIN, Mr. WEXLER, and Mr. H. Res. 101: Mr. KING of Iowa, Mr. MCNUL- ginia, Mr. WAMP, Mr. GOODE, Mrs. MYRICK, RANGEL. TY, Mrs. MCCARTHY, Mr. CROWLEY, Mr. Mr. FRANKs of Arizona, Mr. KING of Iowa, Mr. H.R. 691: Mr. BARTLETT of Maryland. SHIMKUS, Mr. WEINER, Mrs. JO ANN DAVIS of BARRETT of South Carolina, Mr. SODREL, Mr. H.R. 712: Mr. MORAN of Kansas. Virginia, Mr. NADLER, Mr. PITTS, Mr. LEACH, HOSTETTLER, Mr. FEENEY, Mr. MCHENRY, Mr. H.R. 728: Mr. GUTIERREZ and Mr. NORWOOD. and Mr. SMITH of New Jersey. MARCHANT, Mr. PENCE, Mr. BRADY of Texas, H.R. 737: Mr. SANDERS, Ms. JACKSON-LEE of Mr. MELANCON, Mr. RYUN of Kansas, Ms. Texas, and Mr. CASE. ESHOO, Mr. BOUSTANY, Mr. BOUCHER, and Mr. H.R. 748: Mr. RYAN of Wisconsin, Mr. f SOUDER. KLINE, Mr. MCHUGH, Mr. SKELTON, Mr. SIMP- SON, Mr. HALL, and Mr. MILLER of Florida. H.R. 389: Mr. GUTKNECHT. DELETIONS OF SPONSORS FROM H.R. 415: Mr. SABO, Mr. YOUNG of Florida, H.R. 752: Mr. CUMMINGS, Ms. WOOLSEY, Mr. Mr. LEWIS of Georgia, and Mr. UPTON. OWENS, Mr. ABERCROMBIE, Mr. MCDERMOTT, PUBLIC BILLS AND RESOLUTIONS H.R. 438: Mrs. BONO, Mr. STARK, and Ms. Mr. FILNER, Mr. MCNULTY, Mr. SANDERS, Mr. Under clause 7 of rule XII, sponsors ZOE LOFGREN of California. SNYDER, and Mr. LIPINSKI. were deleted from public bills and reso- H.R. 456: Mr. BISHOP of Utah. H.R. 759: Mr. MCDERMOTT, Mr Wexler, Mr. lutions as follows: H.R. 458: Mr. FOLEY. MCNULTY, and Mr. ALLEN. H.R. 461: Mr. CASE. H.R. 765: Mr. OWENS, Mr. PETERSON of Min- H.R. 227: Mr. JONES of North Carolina, Mr. H.R. 475: Mr. OLVER, Mr. BLUMENAUER, Mr. nesota, Mr. WELDON of Florida, Mr. HASTINGS FARR, Mr. KILDEE, Mr. SHERMAN, and Mr. GUTIERREZ, and Mr. LARSON of Connecticut. of Washington, and Mr. CROWLEY. VAN HOLLEN.

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