Expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment.
Legislative Activity
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Motion to reconsider laid on the table Agreed to without objection.
June 30, 2005 • 11:34 PM
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Introduced in House
June 24, 2005
Referred to the House Committee on the Judiciary.
June 24, 2005
Sponsor introductory remarks on measure. (CR H5370)
June 29, 2005
Mr. Sensenbrenner moved to suspend the rules and agree to the resolution.
June 30, 2005 • 9:14 PM
Considered under suspension of the rules. (consideration: CR H5577-5585)
June 30, 2005 • 9:14 PM
DEBATE - The House proceeded with forty minutes of debate on H. Res. 340.
June 30, 2005 • 9:14 PM
FURTHER DEBATE - By unanimous consent, the House proceeded with an additional 12 minutes of debate to be equally divided and controlled.
June 30, 2005 • 9:52 PM
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
June 30, 2005 • 10:17 PM
Considered as unfinished business. (consideration: CR H5592-5593)
June 30, 2005 • 11:26 PM
Passed/agreed to in House: On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 365 - 33, 18 Present (Roll no. 361).(text as passed House: CR H5577)
June 30, 2005 • 11:34 PM
On motion to suspend the rules and agree to the resolution Agreed to by the Yeas and Nays: (2/3 required): 365 - 33, 18 Present (Roll no. 361). (text as passed House: CR H5577)
June 30, 2005 • 11:34 PM
Motion to reconsider laid on the table Agreed to without objection.
June 30, 2005 • 11:34 PM
Voting History
1 vote recorded • Roll call available
Floor Debate
22 membersWhat members said about H.Res. 340 on the floor
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Floor Debate
22 membersWhat members said about H.Res. 340 on the floor
Mr. Chairman, I rise as a cosponsor of this amendment. Specifically, the amendment seeks to prohibit funds in this act for the provision of mortgage insurance under the National Housing Act to…
Mr. Chairman, I rise as a cosponsor of this amendment.
Specifically, the amendment seeks to prohibit funds in this act for the provision of mortgage insurance under the National Housing Act to lenders who engage in lending practices that are not prudent, as referenced in the Home Mortgage Disclosure Act and FDIC Improvement Act.
The gist of this amendment is to stop predatory lending. I want to pay tribute to the National Community Reinvestment Coalition and the hearing that was just held with the members of the Committee on Financial Services, including the gentlewoman from California (Ms. Waters), the gentleman from North Carolina (Mr. Watt), and the gentleman from Missouri (Mr. Clay), that presented this report from the National Community Reinvestment Coalition that indicated minorities, women, and low- and moderate-income borrowers across the United States of America receive a disproportionate amount of high-cost loans.
It also says that the Community Reinvestment Act has been unsuccessful, for example, in examining subprime lenders. So they have not been able to weed out those who might raise the interest rates so high that minorities and women and others are impacted negatively.
In order to improve the housing market and to give access to better interest loans, we believe that there should be greater oversight. So this amendment was constructed to provide greater oversight.
I am delighted to be able to join the gentleman from Missouri (Mr. Clay) on this amendment, but I hope that we will have the opportunity to work with our colleagues and really be able to provide an answer to this report, the ``2004 Fair Lending Disparities: Stubborn and Persistent.''
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I want to make sure that we acknowledge and yield to the ranking member and thank him for his interest in this area and, of course, to be able to work with him during conference on this very important issue of trying to stop predatory lending.
Mr. Chairman, if the gentleman from Missouri will continue to yield, I want to thank the chairman very much. I did not hear the conclusion; I do not know if the gentleman from Michigan concludes after we conclude, with respect to report language, but I assume that is what we might be able to work with the chairman on.
Mr. Chairman, I offer an amendment.
The Acting Chairman. The Clerk will designate the amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I discuss this amendment to help educate my colleagues and to remind them that this amendment was passed in previous Congresses and the work of many of my colleagues, including the gentleman from New York (Mr. Rangel), has been ongoing to try to bring fairness to this process.
I would first like to say that none of us disagree with the idea of volunteer service. But my amendment simply says that it prohibits the use of funds in this act to implement the community service requirement for public housing tenants.
This proposal has a long history, and of course the reason is because this is a difficult provision to enforce. Part of the enforcement in this time of decreasing public housing is to evict individuals from public housing, the individuals who are most vulnerable, the individuals who are most needy, and the individuals who may be least able because of their physical condition to perform community service.
I have a letter here from the National Association of Housing and Redevelopment Officials which indicates: ``Dear Representative Jackson- Lee: I write on behalf of the National Association of Housing Redevelopment Officials to support your amendment to halt the implementation of the public housing community service requirement. This organization is the Nation's oldest and largest association of housing community development professionals and the leading advocate for adequate and affordable housing and strong, viable communities for all Americans, particularly those with low and moderate incomes. Our 21,000 agency and individual members help millions of families nationwide find safe and affordable housing.
``This organization has been opposed to the community service requirement since its enactment in 1998. Although a limited percentage of families nationwide meet the criteria for being subject to the community service requirement, all families must be screened and tracked for compliance. This requirement is an unfunded mandate that public housing can ill afford. In time of scarce resources, we believe that Federal funds could be better focused on maintaining safe, decent housing for 12 million low-income families.''
In essence, they are committed to providing this service themselves.
In fact, they say, ``many agencies partner with local service organizations to assist in case management and provide services. Other communities find it is necessary to augment local resources with programs and services that are easily accessible by public housing communities. The community is in the best position to make this decision.''
This amendment is a clean-up amendment. It allows the local authorities to provide the opportunities for community service, but it does not burden those public housing entities by
using Federal funds to require the oversight and then to evict those most needy for public housing.
I would ask my colleagues to support this amendment.
National Association of Housing
and Redevelopment Officials,
Washington, DC, June 29, 2005.
Hon. Sheila Jackson-Lee,
Rayburn House Office Building,
Washington, DC.
Dear Representative Jackson-Lee: I write on behalf of the
National Association of Housing and Redevelopment Officials
(NAHRO) to support your amendment to halt the implementation
of the public housing community service requirement under
Section 12(c) of the US Housing Act of 1937. NAHRO is the
nation's oldest and largest association of housing and
community development professionals and the leading advocate
for adequate and affordable housing and strong, viable
communities for all Americans--particularly those with low-
and moderate-incomes. Our 21,000 agency and individual
members help millions of families nationwide find safe,
affordable housing and economic opportunities through a
variety of local, state, and federal programs, such as Public
Housing, Section 8 Housing Vouchers, Community Development
Block Grants, HOME and the Low Income Housing Tax Credit.
NAHRO has been opposed to the community service requirement
since its enactment in 1998. Although a limited percentage of
families nationwide meet the criteria for being subject to
the community service requirement, all families must be
screened and tracked for compliance. This requirement is an
unfunded mandate that public housing can ill afford. In a
time of scarce resources, we believe that federal funds could
be better focused on maintaining safe, decent housing for 1.2
million low-income families, 47 percent of which are headed
by the elderly or persons with disabilities, and supporting
self-sufficiency programs that get real results.
Total funding for public housing has declined steadily in
recent years. The President's FY 2006 budget requested 20
percent less funding for public housing than Congress
provided in 2001. A Harvard Operating Cost study found that
public housing has traditionally been underfunded compared
with all other assisted housing. At the same time, basic
housing operating costs have increased exponentially due to
factors beyond local agencies' control, including employee
health care costs, energy and utility costs, and public
facilities insurance increases following 9/11. The cumulative
effect of several years of this funding crunch has been to
undermine local agencies' ability to provide basic services
and maintain our country's $90 billion investment in
affordable public housing.
We are pleased that Subcommittee Chairman Knollenberg and
Ranking Member Olver have been able to improve upon the
President's requested funding levels for Public Housing
Capital and Operating Funds in HR 3058. Despite their efforts
in this area, however, public housing is far from fully
funded. With so many stresses on our public housing, the
unfunded mandate of the community service requirement is
simply a drain on local agencies' ability to meet the core
mission of providing housing and meaningful support for
families seeking a better life.
Thank you for your efforts to remove this unfunded mandate
and pennit local housing agencies to focus on our core
mission of assisting families and preserving the country's
investment in affordable housing.
Sincerely,
Saul N. Ramirez, Jr.,
Executive Director.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, many of these residents are not able-bodied; and as indicated by the National Association of Housing and Redevelopment Officials, it is best utilized at the local levels. They have been partnering with local organizations to try to work through service. We all believe in service.
This is an unfunded mandate. It is a burden on those who are most vulnerable in housing that cannot, either because of their physical or mental condition, perform this service and they are vulnerable to conviction.
I would suggest to my colleagues it is worthy of eliminating.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, how much time remains?
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me indicate that I believe it is an unfunded mandate; but more particularly I hope that we will get to a point, if this amendment is not accepted by my colleagues, that we can come together and work for what is best for those most vulnerable. That is what public housing is for.
When it was passed in 1998, there were many good intentions. It was in the climate of welfare reform. But it is an unfunded mandate. It is burdensome. And it is disrespectful to suggest that those who are poor are not desirous of public service. It is discriminatory and it is unfair, patently so.
I hope that my colleagues will work together with many of us who believe that we can ensure good citizenship by those in public housing; at the same time we can be fair by making sure that they do not get the ultimate penalty which is eviction and force unfunded mandates and public housing authorities who can least afford this in this time of declining funds.
This is a burden. And I would ask that they go in any neighborhood of homeowners and ask the homeowners association whether or not to stay in your house, other than keeping your own house in a good condition, whether you are demanded to perform public service. Public service should be voluntary, and it should be out of your heart. I can assure you that poor people believe in public service. This is high-handed, up-handed, if you will, and elitist; and we know that it is a problem. And I would hope that my colleagues would vote for my amendment.
In the option they do not, we will keep working because we believe in fairness to all who are deserving of public housing and who need public housing and are the most vulnerable.
I ask my colleagues to vote for this amendment.
Mr. Chairman, I yield myself such time as I may consume to take this opportunity to discuss what I think is a very important issue.
While recognizing that this committee, the chairman and the ranking member, funded the air traffic controllers at the rate that the President asked for, at 595; and recognizing as well that there had been additional dollars placed in FAA for additional services which might be used for air traffic controllers, and I hope that will be the case, as recently acquiring Houston Intercontinental Airport in my Congressional district, and let me also say that I support the previous colloquy of the gentleman from New York (Mr. Crowley) on the dollars for soundproofing because all who live in the area are well aware of that need, but I wanted to quote for my colleagues the news report of the incident of yesterday: Stray Plane Sets Off Evacuation At Capitol. The last paragraph in the article in The Washington Post says ``A Federal official said radio communications between the pilot and the authorities indicated the pilot ended up in a restricted area while trying to avoid bad weather.''
I can only say, since it does not designate who the authorities were, that we know air traffic controllers are enormously busy. We are looking at increasingly congested skies and we are looking at overburdened and overworked air traffic controllers. In fact, in one airport in Texas, it was found that at this particular airport air traffic controllers and managers routinely covered up serious operational errors and deviations, including aircraft, for the last 7 years. The U.S. Office of Special Counsel said the controllers had allowed airplanes to fly too close to each other near the airport, and that supervisors either failed to investigate or did not report the incidents to the FAA headquarters as required. The independent Federal agency said the cover-up of controller mistakes have been jeopardizing air traffic safety.
We need more air traffic controllers, because 595, in my view, is certainly not enough. So my amendment was to offer $5 million that was offset by the Department of Transportation's Surface Transportation Board salaries and expenses.
This amendment is about establishing priorities. And even though the amount of monies is capped off and no more monies can be allowed in that particular account, I think that is an important issue. And I hope my colleagues, as they move into the next year and the next session in this appropriations process, they will recognize that our skies are getting busier and busier, our air traffic controllers are getting tireder and tireder, and they need increased training and they need relief.
I want to applaud our air traffic controllers. This is a very, very, very, very serious business. It requires great attention to detail. It requires nerves of steel, and we understand that. But the key is that there is a great need for more than 595.
Mr. Chairman, I will submit for the Record, at the appropriate time, this letter that I will read: ``I write this letter to support your amendment to H.R. 3058, to increase the amount made available for the Department of Transportation with respect to air traffic controllers. In these times of shortages of personnel and training, this amendment would provide much-needed relief to continued budgetary shortfalls. Please accept our a gratitude for your efforts.'' This is the National Association of Air Traffic Specialists.
So I am hoping we will have an opportunity to work on this. The point of order, of course, refers to the capping of this particular account, and I recognize the hard work of this committee, but I think in all seriousness, besides the danger that was proposed yesterday, we do know our skies are busy with small and large planes.
Mr. Chairman, the amendment seeks to increase the ``Federal Aviation Administration Operations'' account on page 6 by $5 million and would offset this amount from the ``Department of Transportation-Surface Transportation Board-Salaries and Expenses'' account in Title I.
This amendment is about establishing priorities. While the salaries of the staff within the Department of Transportation is of enormous concern, I would think that my colleagues would agree with me that providing funds to help navigate the ever-increasing air traffic is of a higher priority, especially given our new utilization of equipment such as we find at the Boston Terminal Radar Approach Control (TRACON)--which is America's newest FAA consolidated facility.
New technology requires adequate staffing. Therefore, my amendment would provide the necessary funds to make new employee recruitment and training possible. Problems exist within our Federal Aviation Administration, Mr. Chairman. I cite the June 24, 2005 article in the Dallas Morning News (page 1A) entitled ``Agency: Air traffic errors covered up Controller at D/FW spurs inquiry into unreported close calls'':
The U.S. Office of Special Counsel said the controllers had
allowed airplanes to fly too close to each other near Dallas/
Fort Worth International Airport and that supervisors either
failed to investigate or didn't report the incidents to
Federal Aviation Administration headquarters as required.
The independent federal agency said the cover-up of
controller mistakes had been ``jeopardizing air traffic
safety.''
``This was a substantial and specific danger to public
safety,'' it said.
[Furthermore,] a number of corrective actions' were taken
after a March report from the Department of Transportation's
Office of Inspector General substantiated . . . allegations.
Specifically, the D/FW Terminal Radar Approach Control, or
TRACON, was placed on probation for two years, the center's
quality assurance manager was reassigned, and one air traffic
controller was decertified.
In addition, the FAA placed the facility manager,
operations managers, supervisors and other controllers on
probation.
This citation alone underscores major problems in the system. In addition, it highlights the fact that the jobs should not be outsourced, an issue that my colleague Mr. Sanders has championed.
The key national security function of Air Traffic Control Specialists was evident during and immediately after the horrific 9/11 attacks. During this national tragedy, Air Traffic Control Specialists communicated crucial instructions
to planes in the air and on the ground, and were responsible for re- starting air traffic in the days afterward. Air Traffic Control Specialists also play a vital role in keeping commercial and general aviation airplanes out of restricted airspace, including the restricted airspace around the White House. And, Air Traffic Control Specialists are critical during a natural disaster. For example, when hurricanes hit the Southeast last year, the FAA closed air traffic facilities in the region, but kept Flight Service Stations open and Air Traffic Control Specialists working to ensure the safety of airline passengers.
We should be strengthening, not weakening air traffic safety. In the 1980s we had 315 Flight Service Stations across the country. Today, we only have 61, and if the FAA gets its way there will only be 23 Flight Service Stations left in this country responsible for protecting over 600,000 general aviation pilots, as well as military and commercial pilots. This could only make our Nation's airspace less secure.
Mr. Chairman, we must support our Air Traffic Controllers by providing them with the support they need. I ask that my colleagues support this amendment.
National Association of
Air Traffic Specialists,
Wheaton, Maryland, June 30, 2005.
Hon. Sheila Jackson Lee,
House of Representatives,
Washington, DC.
Dear Representative Jackson Lee: I write this letter to
support your amendment to H.R. 3058 to increase the amount
made available for ``Department of Transportation--Surface
Transportation Board Salaries and Expense Federal Aviation
Operations Derived from the General Fund by $5,000,000. In
these times of shortages of personnel and training this
amendment would provide much needed relief to continuing
budgetary shortfalls.
Please accept our gratitude for your efforts in this regard
and let me know if I can be of any help in securing this
amendment.
Sincerely,
Kate Breen,
President.
Mr. Chairman, I reserve the balance of my time.
Point of Order
I do, Mr. Chairman. Let me say that I have acknowledged the point of order by the fact that the account itself is capped and, as was indicated, the issue regarding the authorization. But I raised this amendment, and I intend to withdraw this amendment, but I raised it because the discussion and the dollars are clearly needed.
I am hoping my colleagues will see that 595 air traffic controllers are not enough for the increasingly busy skies over the United States of America. I have cited in one airport the incident of air traffic controllers being cited for routinely covering up serious operational errors and deviations involving aircraft; I have cited, of course, the support by the National Association of Air Traffic Specialists.
I think that the difficulty is that we have a cap. We have $25 million for 595. I think we could use 1,000. Because of the budget shortfall, and because we do not have the money, we are faced with this dilemma. I happen to think the safety and security of Americans warrants increased dollars and an increased number of air traffic controllers.
I know that the busy airport I represent, Houston Intercontinental Airport, could stand additional well-trained air traffic controllers, the opportunity to give relief to air traffic controllers who, in fact, are working very hard. I am hoping, Mr. Chairman, that we will have an opportunity to work on this issue and recognize the dire needs and the crisis that we face if we do not continue to grow air traffic controllers, to train them and provide them the kind of support services necessary to protect the Nation's skies.
Mr. Chairman, I ask unanimous consent that I be allowed to withdraw my amendment.
Mr. Chairman, I do not think anyone should be censored, but I think having no information can sometimes be better than having bad information. And what the Council of Economic Advisers did was they…
Mr. Chairman, I do not think anyone should be censored, but I think having no information can sometimes be better than having bad information. And what the Council of Economic Advisers did was they took lock, stock, and barrel failed research. Then it gets repeated and repeated and repeated, this $800 million figure.
According to the pharmaceutical company themselves, that $800 million figure includes $400 million of opportunity costs. That means they could have taken that money and bought Microsoft shares and made more money. That is ridiculous.
Mr. Chairman, just read this report that I will include for the Record by Dr. Donald Light. He is from New Jersey. He teaches at a little school called Princeton. He also teaches at the Princeton medical school. He is the one who went through this. More importantly, in this 2-page report there are almost a page of footnotes. They document what they do.
The problem with the Council of Economic Advisers is they just took this number and they repeated it. They do not document it. They do not ask questions, and so now everyone is running around saying it cost $800 million to develop a new drug. That is not true, and it is worse than having no information at all.
This is one way to send a message to the Council of Economic Advisers, that if they are going to put out information so policymakers at the White House or here on Capitol Hill make decisions based on that information, you better make sure you check the numbers and document them first because bad information is worse than no information at all.
[From the American Journal of Bioethics, Jan. 2004]
Will Lower Drug Prices Jeopardize Drug Research? A Policy Fact Sheet
(By Donald Light and Joel Lexchin)
This documented fact sheet provides evidence that all drug
research by large firms, net of taxpayers' subsidies, is paid
for out of domestic sales in each country, with profits to
spare. Prices can be lower without jeopardizing basic
research for new drugs. More exposure to global price
competition would encourage more innovative research and less
of the derivative me-too research that now dominates.
In the U.S., the FDA Commissioner, Mark McClellan, and the
drug industry are responding to pressures for lower costs by
mounting a large campaign to pressure all other affluent
countries to raise their prices to U.S. levels. They claim
that lower prices do not pay for drug research costs, but we
provide evidence that this is untrue. Ultimately, however,
such nationalistic arguments are based on regarding basic
research and new discoveries, which can happen anywhere, and
the cost of trials, which are carried out in the countries
deemed most commercially advantageous, as part of national
companies and national accounts, when in fact they are part
of a global economy for pharmaceutical products.
fda myths
1. FDA Commissioner, Mark McClellan, holds that other
affluent countries like Canada and the UK set their prices
for patented drugs so low that they do not pay for research
and development (R&D) (McClellan 2003). We can find no
evidence to support that claim.
On the contrary, audited financial reports of major drug
firms in the UK, show that all research costs are paid, with
substantial profits left over, based solely on domestic sales
at British prices (Pharmaceutical Price Regulation Scheme
2002). Likewise, 79 research drug companies in Canada
submitted reports showing their R&D expenditures have risen
more than 50% since 1995, all paid for by domestic sales at
Canadian prices (Patented Medicine Prices Review Board 2002).
Sales to the U.S. and elsewhere are in addition to the
positive, domestic balance sheets.
2. FDA Commissioner McClellan says that European or
Canadian prices are ``slowing the process of drug development
worldwide'' (McClellan 2003). There is no known verifiable
evidence to support this claim. In fact, drug research has
been increasing steadily in Europe as well as in the U.S.,
with some countries having a more rapid increase than the
U.S. (Patented Medicine Prices Review Board 2002).
3. FDA Commissioner McClellan says that ``price controls
discourage the R&D needed
to develop new products'' (McClellan 2003). But there is no
known verifiable evidence to support this claim.
R&D expenditures have been growing rapidly, though it is
becoming more and more difficult to discover breakthrough
drugs on targets not already hit (Harris 2003). The truth
kept from Americans is that first-line treatment for 96% of
all medical problems requires only 320 drugs (Laing et al.
2003). In wealthy countries, more drugs might be appropriate
to treat people who do not respond to first-line agents.
4. FDA Commissioner McClellan charges that efforts to
negotiate lower prices for patented drugs by other countries
(and by major employers, unions and governors in the U.S.)
are ``no different than violating the patent directly'' to
make cheap copies (McClellan 2003). This charge echoes the
drug industry and implies that large buyers seeking better
value should be considered a criminal act.
5. FDA Commissioner McClellan paints a picture of other
wealthy countries driving down their prices to marginal
costs, but the widening gap between prices for patented drugs
in the U.S. and other countries is due to drug companies
raising U.S. prices, not other countries lowering theirs
(Sager and Socolar 2003; Families USA 2003).
6. The ``free-rider'' problem that McClellan emphasizes can
be solved by U.S. prices coming down to European levels,
where they will cover all R&D costs, plus profits that are
higher than those in most industries.
7. Drug company profits, after all R&D costs, have long
been more than double the profits of Fortune 500
corporations. In recent years they have jumped to triple and
even quadruple the profits of other major companies (National
Institute for Health Care Management 2000). The global firms
spend two and a half to three times more for marketing and
administration than for research (Families USA 2001).
8. Americans pay for more R&D than any other country
because the United States accounts for more sales than any
other country. But while the U.S. accounts for 51% of world
sales, it took 58% of global R&D expenditures invested in the
US to discover only 43% of the more important new drugs
(NCEs) (European Federation of Pharmaceutical Industries and
Associations 2003). This means that other countries are
helping to pay for the large, inefficient U.S. R&D
enterprise, the opposite of what the editors of Business Week
claimed (Business Week editors 2003). William Safire's claim
of a ``foreign rip-off'' as Americans pay for the world's R&D
is contradicted by the facts above (Safire 2003).
research is misdirected by the industry, against patients' interests
9. Most drug innovation provides little or no therapeutic
advantage over existing * * *
Independent review panels plus a major industry review
conclude that only 10-15% of ``new'' drugs provide a
significant therapeutic breakthrough over existing drugs and
involve a new chemical or molecule (Barral 1996; Prescrire
International 2003; National Institute for Health Care
Management Research and Education Foundation 2002). Other
industry-sponsored figures are much higher but not reliable.
10. The FDA approves drugs that are better than nothing
(placebo) but does not test them against the best existing
drugs for the same problem. Most research is for ``new''
drugs to treat problems already treated by other drugs.
11. About 18% ofthe drug industry's research budget goes to
basic research for breakthrough drugs. About 82% goes to
derivative innovations on existing drugs and to testing.
The long-standing survey of basic research by the National
Science Foundation estimates that basic research has
increased to 18% of the total research and development (R&D)
budget for the pharmaceutical industry. It used to be less
(National Science Foundation 2003). Industry-sponsored
figures based on secret unverifiable data are much higher but
not reliable (DiMasi, Hansen, and Grabowski 2003). The 85-90%
of ``new'' drugs that have little therapeutic gain reflects
equal protection from competition for much less investment
and risk.
12. Congress has repeatedly extended patent protection for
drugs beyond what other industries enjoy, despite much higher
profits year in and year out. Government protection from
normal competition is now more than 50% greater for the drug
industry than a decade ago (National Institute for Health
Care Management 2000). These incentives reward research into
derivative large markets, rather than to finding effective
treatments for diseases that have none.
13. These facts constitute the Blockbuster Syndrome: the
lure of monopoly pricing and windfall profits for years spurs
the relentless pursuit for drugs that might sell more than $1
billion a year, regardless of therapeutic need or benefit.
Research projects for the disorders of affluent nations
proliferate, as do clinical trials. Doctors are paid like
bounty hunters to recruit patients for thousands of dollars
each. Most patients get the misimpression that the
experimental drug will be better than existing ones (Wolpe
2003). The corruption of professional judgment, ethics and
even medical science follow (Williams 2003; Wazana 2000;
Barnett 2003; Lexchin, Bero, Djulbegovic et al. 2003;
Bekelman, Mphil, and Gross 2003; Villanueva, Peiro,
Librero et al. 2003; Fletcher 2003).
Drug research costs much less than claimed
14. Drug companies claim to spend 17% of domestic sales on
R&D, but more objective data reports they spend only 10%
(National Science Foundation 2003). Thus, only 1.8% of sales
goes to research for breakthrough new drugs (18% x 10%) (Love
2003).
15. Taxpayers pay for most research costs, and many
clinical trials as well.
In 2000, for example, industry spent 18% of its $13 billion
for R&D on basic research, or $2.3 billion in gross costs
(National Science Foundation 2003). All of that money was
subsidized by taxpayers through deductions and tax credits.
Taxpayers also paid for all $18 billion in NIH funds, as well
as for R&D funds in the Department of Defense and other
public budgets. Most of that money went for basic research to
discover breakthrough drugs, and public money also supports
more than 5000 clinical trials (Bassand, Martin, Ryden et al.
2002). Taxpayer contributions are similar in more recent
years, only larger.
16. The average amount of research funds the drug industry
needs to recover appears to be much less than the industry's
figure of $800 million per new drug approved (NDA).
The $800 million figure is based on the small
unrepresentative subsample of all new drugs. It excludes the
majority of ``new'' drugs that are extensions or new
administrations of existing drugs, as well as all drugs
developed by NIH, universities, foundations, foreign teams,
or others that have been licensed in or bought. Variations on
existing drugs probably cost much less because so much of the
work has already been done and trials are simpler.
About half of the $800 million figure consists of
``opportunity costs'', the money that would have been made if
the R&D funds had been invested in equities, in effect a
presumed profit built in and compounded every year and then
called a ``cost.'' Drug companies then expect to make a
profit on this compounded profit, as well as on their actual
costs. Minus the built-in profits, R&D costs would average
about $108 million 93% of the time and $400 million 7% of the
time.
The $800 million estimate also does not include taxpayers'
subsidies via deductions and credits and untaxed profits
(DiMasi, Hansen, and Grabowski 2003; DiMasi, Hansen,
Grabowski et al. 1991). Net R&D costs are then still lower.
Contrary to some press reports from the industry, screening
for new compounds is becoming faster and more efficient and
the time from initial testing to approval has shortened
substantially (Kaitin and Healy 2000). The large size of
trials seems more due to signing up specialists to lock in
substantial market share. Advertising firms are now running
clinical trials (Bassand, Martin, Ryden et al. 2002; Peterson
2002; Moyers 2002).
17. Because clinical trials have become a high-profit sub-
industry, trial ``costs'' appear to be much more than is
necessary.
An international team of experts estimates that clinical
trials could be done for about $500 per patient rather than
$10,000 per patient, a 95% reduction (Bassand, Martin, Ryden
et al. 2002). The most detailed empirical study of trial
costs also concludes that costs can be much less than
reported (The Global Alliance for TB Drug Development 2001).
U.S. drug prices very high
18. Americans seem unaware how much more they are paying
for drugs than other countries, in the name of the ``free
market'' where prices are controlled by corporations. So-
called ``price controls'' abroad are negotiated wholesale
prices. Corporate price controls in the U.S. are un-
negotiated monopoly prices, which then large buyers negotiate
down.
According to a detailed analysis, American employers and
health plans pay at wholesale 2.5-3.5 times the prices in
Australia and other countries with comparable prices for
patented drugs (Productivity Commission of Australia 2001).
There is no evidence that these prices do not cover research
costs. U.S. generic prices shadow patent drug prices and are
also 2.5-3.5 times more.
19. High American prices are essentially monopoly rents
charged to employers in every other industry. They shift
profits from other industries to the drug industry.
20. If American prices were cut in half, research budgets
would not have to suffer unless executives decided to cut
them in favor of marketing, luxurious managerial allowances
or high profits. They probably would not, because R&D gets
such favorable tax treatment compared to other expenses.
Lower prices would save other Fortune 500 companies billions
in drug benefit costs, and drug company profits could come
into line with the profits of the companies who pay for their
drugs.
Realign incentives to reward true innovation
21. Current incentives strongly reward derivative
innovation. We get what we reward.
22. Because the U.S. is by far the biggest spender, it has
by far the most R&D and new drugs. Four other industrialized
countries, however, devote more of their GDP to R&D for new
drugs than the U.S. (Patented Medicine Prices Review Board
2002).
23. Officials of drug companies commonly claim that nearly
all new drugs are discovered in the U.S. However, the
industry's own studies (and others) show that over the past
quarter century, the U.S. has accounted for less than or
about the same as its proportionate share of international
new drugs, not more and certainly not nearly all (Barral
1996; European Federation of Pharmaceutical Industries and
Associations 2000). Until 2002, even the U.S. pharmaceutical
industry was investing an increasing percent of its R&D
budget in highly productive research teams abroad
(Pharmaceutical Research and Manufacturers of America 2002).
24. Americans are getting less innovation and paying a lot
more. Competing countries profit from these American self-
delusions by covering their R&D and keeping their own drug
prices reasonable, while leaving drug companies to make
bonanza profits from the monopoly American market.
25. Price competition has been the greatest spur to
innovation for over 200 years. Price protections reward
derivative and me-too innovation as well as excessive costs
and a focus on blockbuster marketing. If we want lower prices
and more breakthrough innovations, we need to change the
incentives to reward those goals (Baker and Chatani 2002).
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I just want to come back to one point because I think a lot of people may not have been paying attention. This study that we are talking about where we got the $800 million figure originally started with a study that was funded by pharmaceutical companies. That number then gets repeated by the President's Council of Economic Advisers, and we all believe that it is true. We have an independent research that was not financed by PhRMA. That was done by a professor who was at Princeton from New Jersey. More importantly, he was an adviser to this President on health policy. Let me add one other thing: He is a Republican.
Now, this is, I think, far more credible than that number that keeps getting bantered around and bantered around. Bad numbers are worse than no numbers at all. This is the one way to say to the Council of Economic Advisers to the President of the United States they ought to be ashamed.
Whether or not this amendment passes, the point, I think, is made: that if they are going to put information out to the President, out to the public, out to policymakers about important issues like this, they had better make sure that the facts are correct.
Mr. Chairman, I rise in opposition to the amendment, and I yield myself such time as I may consume. Mr. Chairman, my good friend, the gentleman from Colorado, has offered this any number of times;…
Mr. Chairman, I rise in opposition to the amendment, and I yield myself such time as I may consume.
Mr. Chairman, my good friend, the gentleman from Colorado, has offered this any number of times; and I am not counting, but I know he has done this before. He is getting very good at it.
With all due respect to the gentleman from Colorado, I believe this to be an unnecessary amendment. The Congress cannot and should not abdicate its responsibility to review individual programs and make individual recommendations based on that review. The desire to hold spending in check should be based on congressional oversight of specific programs. We should not take a meat-ax approach, and we should not yield our power to the executive.
I ask, therefore, that this amendment be defeated.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to first yield to the gentleman from Virginia (Mr. Moran).
Mr. Chairman, I am prepared to accept this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 4 minutes to the gentleman from New York (Mr. Walsh).
I do.
Mr. Chairman, I yield 3 minutes to the gentleman from California (Mr. Lewis), the chairman of the Committee on Appropriations.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. Hunter), chairman of the defense authorizing committee.
Mr. Chairman, I yield 6 minutes to the gentleman from Indiana (Mr. Buyer).
Mr. Chairman, I yield the balance of my time to the gentleman from Texas (Mr. DeLay), the majority leader.
Mr. Chairman, I reserve a point of order on the gentleman's amendment.
Mr. Chairman, I will take just a few moments to rise in opposition to this amendment which attempts to use the appropriations process to control the content of information about our economy, which I think is a wrong thing to do. I believe the committee is about learning facts, not ignoring them or being denied them.
Moreover, the proposed amendment does not change the 2005 economic report of the President which discusses the average cost of developing and introducing a new prescription drug, as has been mentioned, a new drug to the market at $800 million or more. I have been informed that the administration strongly objects to the proposed Brown amendment. Preventing any discussion on the factors that contribute to pharmaceutical pricing or in fact any other topic that might be controversial would compromise the credibility of the future economic reports of the President.
So I join my colleagues in opposing the Brown amendment and urge that it be defeated.
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
This is a very simple amendment. It would simply partially restore funds to HUD's Working Capital Fund that were cut by an amendment adopted yesterday. This amendment has been cleared with the minority, and I urge its adoption.
If I were to just briefly talk about it, this is not just a random pot of money. The Working Capital Fund pays the cost of all computers and phones at HUD, which is a huge expenditure. So, briefly, that is the essence of it.
I yield to the gentleman from Massachusetts.
Mr. Chairman, reclaiming my time, I thank the gentleman for his comments.
Briefly, we have had, what is it, over the last 15 hours, some interesting conversations about money, and we have drawn money from a number of sources and, frankly, not too many sources, and some of that does create pain. In the case of this particular situation, these moneys are needed now. So I very much appreciate the gentleman's agreeing with me that this money should go to that particular source.
So I am content to accept his approval and move forward.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I reserve a point of order against the gentleman's amendment.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I do appreciate and share the concern that my colleagues have about abusive lending practices and the need to eliminate predatory lending by financial institutions. I also recognize that HUD has been working on a regulation for more than 3 years to address the problem, the very problem my colleague mentioned.
I commit to my colleagues that, as this bill moves forward, I will work with my colleagues to include report language which helps to evaluate and accelerate a solution to what is a national problem.
Mr. Chairman, I seek the time in opposition, and I yield myself such time as I may consume.
I oppose this amendment because it will shut down the GSA e-travel program.
In 1996, GAO recommended that travel management should be consolidated government-wide; and in 2001, they found that decentralized travel operations at the agency level resulted in the following: inconsistent and/or duplicative travel processes and procedures. It is costly to maintain these multiple, redundant systems on a stand-alone basis and with an inability to effectively monitor and manage the travel function at the agency level.
Further, many agencies were developing expensive in-house custom systems. These ``boutique'' systems, if you will, were not connected, causing a heavy burden on the traveler. OMB recommended that a common government-wide travel management service would significantly improve the traveler's experience and save the government money. Government- wide e-travel is projected to save approximately $450 million over the 10-year cycle. It is expected to achieve a 15 percent savings in transactional costs over status quo in the base period of the contract, and 20 percent in outlying years.
So I do not believe that this is the answer that the gentlewoman is seeking, which brings forward the shutdown, entire shutdown of the e- travel program. So I would suggest that we all unite and vote against this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
Let me say this about the amendment. What the amendment would do, it would shut down E-travel, just shut it down. The E-travel system saves money, saves taxpayers money and is easier to navigate for travel. The answer to the question that she has does not involve shutting down E- travel.
I would simply urge a no vote on this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I make a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriation bill and therefore violates clause 2 of rule XXI. That rule states in pertinent part, an amendment to a general appropriation bill shall not be in order if changing existing law. This amendment requires a new determination, and I insist on the point of order.
Mr. Chairman, I yield myself such time as I may consume.
The Van Hollen amendment harms taxpayers, in my judgment, by preventing agencies from conducting public private competitions under OMB's revised circular A-76. By forcing agencies to return to the rules of the old circular world, the old circular world would disadvantage, Number 1, Federal employees by allowing much of their work to be directly converted to private sector performance without even considering in-house capabilities or the cost implications of outsourcing. It will also harm taxpayers by making them bear the cost of processes that are outdated, inefficient and not results oriented. The advantages of the revised circular are that they were developed with broad input, broad input from the public to ensure competition is used in a fair manner that accommodates the diverse needs of our citizens. And it focuses on achieving the best results for the taxpayer by requiring agencies to evaluate cost and permitting agencies to also consider the quality of the service provided such as technology support and security.
I would just stop there, but suggest to the gentleman from Virginia that this is not a friendly amendment in regard to the taxpayer. It truly is not. The committee opposes it and certainly I oppose it, and I would ask or urge for a no vote.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, let me respond to the gentleman's comments. Those appropriations bills, I believe there were five, it was different in each one of them because it was applied specifically, tailored to that particular bill and the operation of that bill.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Texas (Mr. Sessions).
Mr. Chairman, I yield myself the balance of my time.
In closing very quickly, the gentleman from Maryland (Mr. Van Hollen) referenced the fact that his idea actually was passed last year, included in the bill and there was a threat of a veto then, and so it was removed from the bill. And this administration is prepared to do the very same thing this year. So I would suggest to him that it is enough of a problem or an annoyance to them that it will be something that will be subject to a veto threat and perhaps go through the same process again.
Mr. Chairman, I reserve a point of order on the amendment.
Mr. Chairman, I withdraw my point of order.
Mr. Chairman, I rise to claim time in opposition to the amendment.
Mr. Chairman, in 1998 the last time the Congress authorized the public housing and section 8 programs, they established this policy that tenants of public housing should undertake two responsibilities: number one, they should do some community service. The act requires that individuals in public housing do 8 hours of public service each month. There are numerous exemptions from their requirements for those that cannot do even the most minimal amount of service. The act also requires tenants to be part of the self-sufficiency program, a program designed to help tenants get jobs, keep jobs, and move off and out of public housing so other people may benefit.
My own view is that this was a sound policy then, and it is a sound policy now. Neither appears to be a huge burden and the Department of Housing and Urban Development has not indicated any large-scale problems with the provision that would need this type of action.
This is clearly an amendment that should be taken to the authorizers, and they are, by the way, right now reviewing all public housing assistance programs. So until Congress changes the policy, I believe that the policy should remain in force.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of my time.
I just reiterate what I said. I am in opposition to the amendment, and I urge everyone to oppose this amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I thank the gentleman for raising his concerns on this matter. If there has been a slow-down in the release of Federal soundproofing dollars from the FAA, we do need to know. We appreciate the gentleman bringing this to the floor. I thank the gentleman for his comments and pledge to work with him on this issue.
Mr. Chairman, I reserve a point of order on the gentlewoman's amendment.
Mr. Chairman, I insist on my point of order, and I would like to respond in this fashion.
I raise a point of order against the amendment. The amendment proposes to increase an appropriation not authorized by law and, therefore, is in violation of clause 2(a) of rule XXI.
Although the original account funding for FAA operations is unauthorized, it was permitted to remain in the bill pursuant to the provisions of the rule that provided for the consideration of this bill. When an authorized appropriation is permitted to remain in a general appropriations bill, an amendment merely changing that amount is in order; but the rules of the House apply a ``merely perfecting standard'' to the items permitted to remain and do not allow the insertion of a new paragraph, not part of the original text permitted to remain, to increase a figure permitted to remain.
The amendment cannot be construed as merely perfecting and, therefore, Mr. Chairman, I ask that the Chair rule the amendment out of order.
Mr. Chairman, I submit the following for the Record:
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Mr. Chairman, I move that the Committee do now rise and report the bill back to the House with sundry amendments, with the recommendation that the amendments be agreed to and that the bill, as amended, do pass.
Mr. Chairman, I move to strike the last word. I yield to the gentleman from Ohio. I yield to the gentleman from Minnesota. Mr. Chairman, will the gentleman yield? Mr. Chairman, I have no objection to…
Mr. Chairman, I move to strike the last word.
I yield to the gentleman from Ohio.
I yield to the gentleman from Minnesota.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I have no objection to this amendment.
I just want to point out that we had quite a number of different places from which money was taken as a result of the amendments. During the course of the debate yesterday, very sizable money was taken from the GSA accounts, the building account, that is to say, the building fund in the GSA; and also from the Secretary of Transportation's budget; as well from, as the amendment here suggests, the Working Capital Fund within HUD. There is also money taken from the Air Transportation Stabilization Fund.
And if I could remember off the top of my head, I would probably be able to come up with about six other places where money was taken from from last year's. But I think what the chairman has proposed is to put this back in the Management and Administration Working Capital Fund of the Department of Housing and Urban Development, and this one is as difficult a spot. So I have no objection to having that done in that place.
Mr. Chairman, I move to strike the last word.
Mr. Chairman, as we are coming now close to the very end of this bill and as it would appear there are about three or four other people from, in fact, both sides of the aisle who have indicated that they wish to propose amendments, I want to take a couple of minutes to allow for the possibility that they may, in fact, come in defense of their positions and the amendments that they had, and to again commend the staff for the great work that they have done on this committee.
The people on both the minority and majority side, the majority clerk, Dena Baron, and the other members of her staff; and on the minority side, Mike Malone and Michelle Burkett, who are seated next to me and have done a yeoman's service in providing assistance to the minority and the minority members, the minority members of the subcommittee and the general minority members in the preparation of this legislation.
The gentleman from Michigan (Chairman Knollenberg) has been an entirely fair chairman for this subcommittee. It is the first time that he is dealing with this newly expanded subcommittee. It is actually, of course, the first time that I have served as ranking member of the expanded Transportation, Treasury, HUD, The Judiciary, District of Columbia, and Independent Agencies Subcommittee, now covering a good many more agencies than it did before. And I found that it is very easy to work with the chairman. I appreciate very much the kind of relationship that we have been able to have. He has been very accessible and very kind in his consideration of all of the amendments and positions that I have brought forward to end on my own part and on the part of members of the subcommittee and, at the same time, for members of the minority that are not on the subcommittee that may be on the full committee or not on the Committee on Appropriations at all.
And I know that he has listened very carefully to the concerns of people from all of those categories within the House of Representatives, those that I have mentioned.
In particular, I want to thank him at this time for having listened, at a late stage in the preparation of the legislation, to the concerns that I had about the funding for the accounts for tax law compliance in the IRS, for the development and the funding for YouthBuild, which we actually chose a very creative way to allow for the funding of YouthBuild by giving some additional money which was needed back to the account for the Community Development Block Grant and then speaking here on the floor about the use of that money for the continuation of YouthBuild.
I would hope that, in fact, by the time we get to a conference committee, we may have well have had a reauthorization of YouthBuild in a different place. And if that is the case, then that money will be available for Community Development Block Grant purposes without the consideration of use for YouthBuild, but it then serves as a possibility of dealing in either place of working in either location, and I am very grateful for him to do that.
Earlier in the process, the chairman was very responsive to the request to provide funds for the Community Development Financial Institutions Fund in the Department of the Treasury and funded that well for the coming year, the 2006 fiscal year.
So there were those and a whole number of other occasions when we were able to work together well.
Amendment Offered by Mr. Clay
Mr. Chairman, I appreciate my colleagues for bringing this matter before the House, as I agree that predatory lending is a well- recognized problem in many jurisdictions around the Nation. I will be happy to work with the chairman, as he has already indicated, to work with our colleagues as we go on through this process to conference in bringing this legislation to fruition, which will be some months from now.
Mr. Chairman, I move to strike the last word.
Mr. Chairman, I am going to support the amendment that has been offered by the ranking member of the Committee on Small Business; and for the reason, I will just cover it simply, for the reason that in the conference report for the fiscal year 2004 omnibus appropriation covering GSA, concern was expressed about the mandatory nature of the e-travel service.
In fact, the report states, and I am quoting from the report: ``The conferees agree that GSA has been responsive to the House's concerns that e-travel initiatives should not involve mandatory participation by Federal agencies. Furthermore, the conferees agree that in its management of e-travel prime contractors, GSA should seek to preserve that portion of the Federal travel agent business that is currently served by small businesses and local entrepreneurs.''
Now, not to demand that there be a particular portion or whatever that goes to those Federal travel agent businesses that are currently served by small businesses and local entrepreneurs but, rather, to point out that the vast majority, probably over 90 percent of travel agencies have fewer than 30 employees, and are, therefore, categorized as small businesses.
While I recognize what the chairman has said, that sometimes by a very large economy-of-scale kind of contract you give everything to one, you can then wipe out the small businesses from being able to compete in that process, I think that, as I have quoted from the conference report for the 2004 appropriations act concerning GSA, there was the sense of the Congress that we did not want that to happen, that we wanted some of this business to remain with the local and small business entrepreneurs.
So I support the amendment.
I yield to the gentlewoman from New York.
Mr. Chairman, I move to strike the last word.
Mr. Chairman, I have no intention of taking 5 minutes. I just want to point out since my friend, the chairman, has the chance to close, I just want to point out that this amendment has been passed each of the last 2 years in the House by fairly strong bipartisan votes. And it has then gone to conference committee and never reappeared from the conference committee in either of those years.
It suggests that there is no intention on the part of the majority of adhering to the will of the House which ought to carry at least as much weight as the President's management agenda, so-called, and so I am going to just urge that we again pass this and give the conference one more chance to reject the will of the House, which seems to be its full intent year after year to do and thereby show its total contempt for the will of the House of Representatives.
Mr. Chairman, I hope for the last time I move to strike the last word, and I yield to the gentleman from New York (Mr. Crowley).
I yield to the gentleman from Michigan.
Mr. Chairman, I thank the gentleman from New York for raising the issue. I, too, am concerned about the reported slow-down in this release of funds for an obviously good cause, the release of soundproofing funds to eligible recipients, in this particular case, the Lexington School in Queens.
Though I do not know whether it is very close to La Guardia Airport or to Kennedy Airport, I, too, pledge to work with the gentleman from New York on this issue to ensure the early release of these funds.
I yield to the gentleman from New York.
I did not want to put it in the flight path of La Guardia Airport, so I brought in Kennedy Airport as well.
Announcement by the Acting Chairman
I yield to the gentleman from California.
Mr. Chairman, yes, I have done this before. In fact, I was going to apologize to the staff and the chairman of the subcommittee for destroying the good working relationship that we have had over time, and that I complimented them so broadly about earlier, by actually offering this motion to strike the last word at a point when I really was not expecting to do so.
I do know that this may have lasting implications, given the work that has been done by Dena Baron, Cheryle Tucker, Dave Gibbons, Steve Crane, Tammy, Hughes, Kristen Jones, and David Napoliello, all of whom would dearly love to get off this floor and on to the votes that we have coming before us.
This bill has been a long slog year, and I have heard some people on the other side have had low-level headaches. There have been times here, as the afternoon has worn on, that I have nearly sunk under the table when amendments came, as long as the amendments we have had here today and yesterday, and with the votes on the rule on the day before, I think, though I may have lost a day in this process, so that there comes a point where I would be surprised if the chairman or I actually were able to remember our names. And it has been just suggested that I could also thank David Pomerantz of our staff, which is probably the only person I have not previously thanked.
And with that, Mr. Chairman, I do, in fact, apologize to the chairman and all of the staff, not only the majority staff but the minority staff as well, because the ranking member has concluded that he does not wish to speak.
Sequential Votes Postponed in Committee of the Whole
Mr. Chairman, I thank the gentlewoman for yielding and for her leadership on this important subject. As a distinguished member of the Appropriations Committee, she has been a voice for strong…
Mr. Chairman, I thank the gentlewoman for yielding and for her leadership on this important subject. As a distinguished member of the Appropriations Committee, she has been a voice for strong national security in our country, including this initiative today.
Mr. Chairman, I believe that the comments of the previous speaker speak eloquently to the need for us to get our fiscal House in order because we are seeing the consequences of going so deeply in debt to other countries where we are really held hostage in terms of our own decision making because they own our debt.
Mr. Chairman, the Chinese National Overseas Oil Company's bid to acquire UNOCAL Corporation is a graphic example of America's energy vulnerability. President Bush should refuse to prove the acquisition and Congress should indicate its disapproval as well.
I urge my colleagues to support the gentlewoman from Michigan's amendment. And again I thank her for her leadership on this issue.
The Chinese bid for UNOCAL is compelling evidence of America's strategic energy vulnerability. China has clearly decided to meet its growing demand by obtaining control of energy assets around the world.
I would say to the gentleman from Virginia (Mr. Moran), it is true, China will turn to Iran and Sudan and other countries. In fact, they already have. Arrangements have been made in Iran, Sudan, Venezuela and other places that illustrate their strategy. With the UNOCAL bill the Chinese plan reaches our doorstep. The Chinese government's control of CNOOC made the bid possible, not the free market.
My Republican colleagues and Democratic colleagues who are all dedicated
to the free market system should understand that this is not a free market transaction. Government-provided low interest loans allow the company to bid at rates not otherwise available. And if acquisition of UNOCAL is critical to the Chinese, they would probably allow the bid to be increased to any level needed to seal the deal.
Control of energy assets by China means China controls where those assets go and when. That raises serious national security concerns for the United States. Among those other serious national security concerns are the transfer of technology associated with the UNOCAL acquisition. It is reported that China could assume ownership of the cavitation technology with applications. Cavitation is a process which UNOCAL uses to go into deep water drilling for oil. That same technology can be used by the Chinese to do nuclear tests underground and to mask them so we would not ever be able to detect them. It would also have applications again for locating matter in deep water.
Given China's commitment to improving its military capabilities, why would the United States permit the sale of this kind of technology? Left on its own, we probably would not. But as part of the UNOCAL deal, it is being pulled through with this Trojan horse.
The reason the Chinese believed a bid for UNOCAL could succeed, as the gentleman from Virginia (Mr. Moran) mentioned in his support, no, his opposition to our position, the reason the Chinese believe a bid for UNOCAL could succeed lies in our dependence on them to finance a significant portion of our massive budget deficit. Our reliance on the Chinese to finance our debt gives them far too much leverage over our decision making process.
I go back, you know, 15 years now, our arguments that expanded trade with China would result in increased freedom for the Chinese people. We were proved wrong long ago. At that time just before Tiananmen Square, our trade deficit with China was $3.5 billion a year. And we thought, with that huge trade deficit that it would give us leverage for improving China's human rights record, for improving their behavior in terms of fair trade and for stopping China's proliferation of weapons of mass destruction. We failed in persuading Congress to do that, and today the trade deficit with China, not $3.5 billion a year, has grown to $3.5 billion a week. $3.5 billion a week. With all that capital China is able to purchase our debt, have leverage over us so that now we have to, hopefully not, but some believe, agree to their buying a strategic asset which UNOCAL represents. Our reliance on China to finance our debt weakens our ability to influence China on human rights, proliferation of weapons of mass destruction, North Korea, you name it.
This is the price we pay for failing to live within our means, and it is long past time we recognize that danger and addressed it. On that, the gentleman from Virginia (Mr. Moran) and I agree. Let us heed the wake up call provided by the Chinese bid for UNOCAL. Let us get serious on both issues, reducing risk in energy by adopting an innovative energy policy for the 21st century and getting our fiscal House in order.
And again, I caution our colleagues that a serious transfer of technology that would be contained in this purchase of UNOCAL and urge our colleagues to support the Kilpatrick amendment.
Mr. Chairman, I thank the distinguished gentleman for yielding me this time, and I acknowledge the great leadership of the gentleman from Michigan (Mr. Knollenberg) as the chair of the Appropriations Subcommittee.
I say to the gentleman from Wisconsin (Mr. Obey), every chance I get I want to salute his leadership, his championing the rights of America's families and now today something that should be very clear and obvious, but having to make the point that we should have truth and honesty in our dealings with the American people.
Mr. Chairman, I rise in strong support of the Obey amendment.
It is ridiculous that we are debating on the floor of the people's House the need for truth. The need for truths is self-evident.
The truth and trust are fundamental to a democracy. We owe every American the truth in our dealings here. All Americans, as I say, deserve the truth. But our veterans deserve it even more. They are willing to make the supreme sacrifice for us. They are courageous, they are patriotic. They have given us the opportunity to have peace on Earth, good will to men over generations, and now they are not being dealt with honestly.
The need for truth is made painfully clear in the current crisis we are facing on veterans health care funding shortfalls. On April 5, Department of Veterans Affairs Secretary Jim Nicholson said, ``I can assure you the VA does not need emergency supplemental funds in FY 2005 to continue to provide timely quality service.''
Last week, less than 3 months later, Secretary Nicholson and the Bush administration finally acknowledged their failed budgetary policies and misplaced priorities and owned up to the shortfall in veterans funding. In the meantime, the supplemental bill passed the Congress, went to the President's desk without covering that shortfall because of the misrepresentations that were made by the Secretary to the Congress.
This should come as no surprise to anyone. Over the past 2 years, Democrats have stood shoulder to shoulder with veteran service organizations calling for adequate funding for the VA. Time after time, Democrats have put forward proposals to increase funding for our veterans, and time after time Republicans have voted them down. We have had straight party line votes. There have been some moments of clarity and truth from Republicans in this fight.
In February 2004, Veterans Affairs Secretary Anthony Principi acknowledged the inadequacy of President Bush's FY 2005 budget for the VA. He said, ``I asked OMB for $1.2 billion more than I received.'' It was his professional judgment that that $1.2 billion was needed a year and a half ago for fiscal year 2005 and here we are today still without it. Secretary Principi knew then that the Bush budget was inadequate.
The Committee on Veterans' Affairs chairman, the gentleman from New Jersey (Mr. Smith), knew that the Bush budget was inadequate. That is why he joined the ranking Democrat on the Committee on Veterans' Affairs, the gentleman from Illinois (Mr. Evans), a champion for veterans, in calling for additional funds for the VA.
The result? Not increasing funding for veterans but ousting the chairman, the gentleman from New Jersey (Mr. Smith), for daring to stand up to the Republican leadership and a new VA Secretary who hides the truth so that he can be in lockstep with the failed budgetary policies and misplaced priorities of this administration.
How can we even face our veterans when we as a Congress say to them, and as a country, including the President, it is more important to us, we place a higher value in giving the people who make over a million dollars a year, $140,000 in tax cuts, but we are not giving you the health benefits that you earned, that you deserve, and that you were promised.
Democrats are united on this issue. Every single Democrat joined me yesterday in writing to President Bush calling for an emergency supplemental to fund veterans health care. This should not be partisan and I hope that later today we will right this wrong. But even if we pass a bill on the floor today, we will go into the Fourth of July weekend without correcting the situation, because it would have to come back after the recess, go into conference, et cetera, pass the Senate with which there is no guarantee.
Our veterans deserve nothing less than our honoring our commitment to them.
Mr. Chairman, in time of war, the military says we will leave no soldier behind on the battlefield. When they come home we must leave no veteran behind when it comes to delivering our promises to them.
Our Founding Fathers, over 200 years ago, declared independence with their wisdom, their enlightenment, their courage, and their willingness to sacrifice, they launched what would become the United States of America, a free and independent country. Our veterans have kept us that way. We honor our Founding Fathers' vision and we honor the sacrifice of our veterans, our men and women in uniform, when we keep our promises to them. We owe them nothing less. I support the Obey amendment.
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Mr. Chairman, I offer an amendment. Mr. Chairman, I ask unanimous content that the Clerk read the amendment in its entirety. Mr. Chairman, I yield myself such time as I may consume. The OMB circular…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I ask unanimous content that the Clerk read the amendment in its entirety.
Mr. Chairman, I yield myself such time as I may consume.
The OMB circular which was just read reads, or which was just referred to in the amendment reads as follows: ``When testifying before any congressional committee or communicating with Members of Congress, witnesses will give frank and complete answers to all questions.'' The purpose of this amendment is simply to make certain that none of the funds in this bill may be used to, in any way, assist in any communication from the Executive Branch of government, which is not frank and complete and truthful.
Now, that may seem like an odd thing to ask, but let me point out recent years are replete with examples of how the executive branch, including this administration, have grossly misled Congress on matters of national importance. Example, the Department of Veterans Affairs deliberately withheld information related to the cost of veterans medical care that was needed during consideration of the fiscal year 2005 supplemental, which they now admit has resulted in a $1 billion shortfall in veterans health care. In fact, they have stonewalled us over the past 3 years in terms of being frank about the needs of veterans health care.
This administration has consistently and repeatedly declined to provide a full accounting of anticipated cost for the Iraq war. Previous OMB Director Mitch Daniels once said that because of oil revenues, the war would be ``affordable,'' and probably would only cost the U.S. 50 to $60 billion.
Instead, the President continues to request funding for the war, and yet when you ask everyone from the Secretary of Defense on down, they are steadily refusing to give us real figures about the anticipated cost of that war.
We will all recall that just a year ago a Federal Medicare actuary was threatened with dismissal by a high administration official for disclosing the exact cost of the Medicare prescription drug benefit before Congress voted on the measure. And we will all remember, no doubt, former economic advisor Larry Lindsey, who was criticized by his colleagues and eventually fired for correctly predicting an Iraq war that would cost the U.S. at least $200 billion. At the time his prediction was termed outlandish by higher officials in the government.
The former Chief of Police at the National Park Service was fired for publicly discussing budget shortfalls that she argued threatened the safety of her police force and hindered their ability to protect national park lands.
And former Member of Congress, Mike Parker, who once served in this very institution was fired for speaking candidly about the budget request of the Army Corps of Engineers.
And I must say that I had the unpleasant experience in the 10 years that I chaired the Foreign Operations Appropriations Subcommittee of having well-known administration witnesses purposely mislead our subcommittee about the Iran-Contra issue. And several of those officials who were much less than candid at the time are now serving in this administration. So unfortunately, I think there is a long track record, not just with this administration, but with many, of misleading the Congress, of telling us half truths, of telling us no truths at all. And I do not know how you can change human nature to insist that the persons testifying before our committees be more forthcoming. But at least you can have the Congress spell out, through a vote, the fact that each and every Member of this Congress expects the administration to allow its witnesses to tell the truth.
We should not have to, as Senator Specter was forced to do last year, we should not have to change the law to require that officials from the National Institute of Health or anyone else can answer Members' questions without referring to higher-ups in the administration to get a politically correct answer.
So that is the purpose of this amendment. And I would hope it would be adopted by this House.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 5 minutes to the gentlewoman from California (Ms. Pelosi), the distinguished minority leader.
Mr. Chairman, how much time is remaining on both sides?
Does the gentleman have any other speakers besides himself?
Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from Massachusetts (Mr. Frank).
Mr. Chairman, how much time do we have remaining on both sides?
Mr. Chairman, I reserve my time.
Mr. Chairman, I yield 3\1/2\ minutes to the gentleman from Maryland (Mr. Hoyer), the distinguished minority whip.
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, the gentleman from Indiana (Mr. Buyer) said he found this amendment ``peculiar.'' I do not know what is peculiar about simply saying that any witness who appears before Congress ought to tell the truth. I find it peculiar that someone thinks that that is peculiar.
Let me also make the point that he is chairman of that committee today, the Committee on Veterans' Affairs, because the previous committee chairman, Republican chairman, was removed by his party's leadership because the previous committee chairman agreed with Democrats that the veterans' budget was inadequate. He told the truth and he paid a high price for it.
There is no question that this administration has hidden the cost of the Iraqi war. They have revealed the cost on the installment plan, a little bit at a time. There is no question that the administration threatened the firing of the man who was charged with telling Congress what the cost of the new Medicare prescription drug program would be. And there is no question that they did fire the National Park Service Chief of Police for telling the truth about the safety of her forces. And there is no question they did fire former Congressman Mike Parker for telling the truth with respect to the Corps of Engineers.
With respect to the ridiculous contention on the part of the gentleman from California that during the Nicaraguan war, Democrats were ``for the Sandinistas,'' I would remind the gentleman that we signed a letter to the Sandinistas demanding that they listen to the Reagan administration's demands for free elections in Nicaragua. I would also remind the gentleman that what we were opposed to was the illegal arms-for-hostages trade with the Iranians. And I would remind him that we were against an illegal, and I emphasize ``illegal,'' war in Nicaragua. So so much for the gentleman's ridiculous contention.
I have a simple suggestion, Mr. Chairman. If the gentlemen on the other side of the aisle think that witnesses should not tell the truth when they are before the Congress, then, by all means, vote against this amendment.
I remember Lyndon Johnson lied to this country about the war in Vietnam, and we paid a high price for it for years. And when he did that, I vowed, every day I served in this Congress, that I would see to it that whoever testified before us, and whoever talked to us, whether it was President or the most lowly administration official, would be held to a high standard of truth. Because when they are not, people die.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I would like to submit the following article in regard to the Obey amendment alleging that the Bush Administration and Congress are deliberately mislead on a variety of issues. [From…
Mr. Chairman, I would like to submit the following article in regard to the Obey amendment alleging that the Bush Administration and Congress are deliberately mislead on a variety of issues.
[From the Weekly Standard, Jun. 30, 2005]
A CNN Anchor Gets Iraq and al Qaeda Wrong. But Will the Network Issue a
Correction?
(By Stephen F. Hayes)
``There is no evidence that Saddam Hussein was connected in
any way to al Qaeda.''
So declared CNN Anchor Carol Costello in an interview
yesterday with Representative Robin Hayes (no relation) from
North Carolina.
Hayes politely challenged her claim. ``Ma'am, I'm sorry,
but you're mistaken. There's evidence everywhere. We get
access to it. Unfortunately, others don't.''
CNN played the exchange throughout the day. At one point,
anchor Daryn Kagan even seemed to correct Rep. Hayes after
replaying the clip. ``And according to the record, the 9/11
Commission in its final report found no connection between al
Qaeda and Saddam Hussein.''
The CNN claims are wrong. Not a matter of nuance. Not a
matter of interpretation. Just plain incorrect. They are so
mistaken, in fact, that viewers should demand an on-air
correction.
But such claims are, sadly, representative of the broad
media misunderstanding of the relationship between Iraq and
al Qaeda. Richard Cohen, columnist for the Washington Post,
regularly chides the Bush administration for presenting what
he calls fabricated or ``fictive'' links between Iraq and al
Qaeda. The editor of the Los Angeles Times scolded the Bush
administration for perpetuating the ``myth'' of such links.
``Sixty Minutes'' anchor Lesley Stahl put it bluntly: ``There
was no connection.''
Conveniently, such analyses ignore statements like this one
from Thomas Kean, chairman of the 9/11 Commission. ``There
was no question in our minds that there was a relationship
between Iraq and al Qaeda.'' Hard to believe reporters just
missed it--he made the comments at the press conference held
to release the commission's final report. And that report
detailed several ``friendly contacts'' between Iraq and al
Qaeda, and concluded only that there was no proof of Iraqi
involvement in al Qaeda terrorist attacks against American
interests. Details, details.
There have been several recent developments. One month ago,
Jordan's King Abdullah explained to the Arabic-language
newspaper al Hayat that his government had tried before the
Iraq war to extradite Abu Musab al Zarqawi from Iraq. ``We
had information that he entered Iraq from a neighboring
country, where he lived and what he was doing. We informed
the Iraqi authorities about all this detailed information we
had, but they didn't respond.'' He added:
``Since Zarqawi entered Iraq before the fall of the former
regime we have been trying to have him deported back to
Jordan for trial, but our efforts were in vain.''
One week later, former Iraqi Prime Minister Iyad Allawi
told the same newspaper that the new Iraqi government is in
possession of documents showing that Ayman al Zawahiri, bin
Laden's top deputy, and Zarqawi both entered Iraq in
September 1999. (If the documents are authentic, they suggest
that Zarqawi may have plotted the Jordanian Millennium
attacks from Iraq.)
Beyond what people are saying about the Iraq-al Qaeda
connection, there is the evidence. In 1992 the Iraqi
Intelligence services compiled a list of its assets. On page
14 of the document, marked ``Top Secret'' and dated March 28,
1992, is the name of Osama bin Laden, who is reported to have
a ``good relationship'' with the Iraqi intelligence section
in Syria. The Defense Intelligence Agency has possession of
the document and has assessed that it is accurate. In 1993,
Saddam Hussein and bin Laden reached an ``understanding''
that Islamic radicals would refrain from attacking the Iraqi
regime in exchange for unspecified assistance, including
weapons development. This understanding, which was included
in the Clinton administration's indictment of bin Laden in
the spring of 1998, has been corroborated by numerous Iraqis
and al Qaeda terrorists now in U.S. custody. In 1994, Faruq
Hijazi, then deputy director of Iraqi Intelligence, met face-
to-face with bin Laden. Bin Laden requested anti-ship limpet
mines and training camps in Iraq. Hijazi has detailed the
meeting in a custodial interview with U.S. interrogators. In
1995, according to internal Iraqi intelligence documents
first reported by the New York Times on June 25, 2004, a
``former director of operations for Iraqi Intelligence
Directorate 4 met with Mr. bin Laden on Feb. 19.'' When bin
Laden left Sudan in 1996, the document states, Iraqi
intelligence sough ``other channels through which to handle
the relationship, in light of his current location.'' That
same year, Hussein agreed to a request from bin Laden to
broadcast anti-Saudi propaganda on Iraqi state television. In
1997, al Qaeda sent an emissary with the nom de guerre
Abdullah al Iraqi to Iraq for training on weapons of mass
destruction. Colin Powell cited this evidence in his
presentation at the UN on February 5, 2003. The Senate
Intelligence Committee has concluded that Powell's
presentation on Iraq and terrorism was ``reasonable.''
In 1998, according to documents unearthed in Iraq's
Intelligence headquarters in April 2003, al Qaeda sent a
``trusted confidante'' of bin Laden to Baghdad for 16 days of
meetings beginning March 5. Iraqi intelligence paid for his
stay in Room 414 of the Mansur al Melia hotel and expressed
hope that the envoy would serve as the liaison between Iraqi
intelligence and bin Laden. The DIA has assessed those
documents as authentic. In 1999, a CIA Counterterrorism
Center analysis reported on April 13 that four intelligence
reports indicate Saddam Hussein has given bin Laden a
standing offer of safe haven in Iraq. The CTC report is
included in the Senate Intelligence Committee's review on
prewar intelligence.
In 2000, Saudi Arabia went on kingdom-wide alert after
learning that Iraq had agreed to help al Qaeda attack U.S.
and British interests on the peninsula. In 2001, satellite
images show large numbers of al Qaeda terrorists displaced
after the war in Afghanistan relocating to camps in northern
Iraq financed, in part, by the Hussein regime. In 2002, a
report from the National Security Agency in October reveals
that Iraq agreed to provide safe haven, financing and weapons
to al Qaeda members relocating in northern Iraq. In 2003, on
February 14, the Philippine
government ousted Hisham Hussein, the second secretary of the
Iraqi embassy in Manila, for his involvement in al Qaeda-
related terrorist activities. Andrea Domingo, head of
Immigration for the Philippine government, told reporters
that ``studying the movements and activities'' of Iraqi
intelligence assets in the country, including radical
Islamists, revealed an ``established network'' of terrorists
headed by Hussein.
Can CNN stand by its claim that ``there is no evidence that
Saddam Hussein was connected in any way to al Qaeda?''
Mr. Chairman, in 13 years I have seen a lot of amendments in subcommittee and in full committee and on the House floor. This one is a bit peculiar. I do not even, frankly, know what the gentleman…
Mr. Chairman, in 13 years I have seen a lot of amendments in subcommittee and in full committee and on the House floor. This one is a bit peculiar. I do not even, frankly, know what the gentleman from Wisconsin (Mr. Obey) is trying to say. I think it is perhaps being used just so he can come to the floor and speak, I suppose.
No moneys can be used in contravention of the OMB circular that states that in testimony before congressional committee and committee before Members of Congress the witnesses give frank and complete answers to all questions. Man, blow me away today.
I want to share with my colleagues with regard to the Veterans Administration. Let me give a record as I understand it from testimony and actions that have occurred with reference to the 2005 budget.
On April 5 of 2005, a letter to Senator Hutchison, the chairman of the Senate Appropriations Subcommittee on Military Construction and Veterans Affairs, stating that the VA, as part of good management, prudently uses reserve funding whenever trends indicate the need to refocus priorities, and the Secretary before the full committee on the House Veterans Affairs testified about that today.
On April 7 of 2005, Dr. Perlin testified to the Senate Veterans' Affairs Committee at his confirmation hearing that reserve funds were being used to meet operational needs in 2005.
On April 12 of 2005, Dr. Perlin sent a letter to the Senate VA Committee stating that projected carryover of fiscal year 2006 might be diminished to address current operational demands, including care in OIF and OEF returning combat veterans noting that ``we do feel confident that VHA has sufficient resources for the remainder of 2005.''
On April 19 of 2005, VA staff met with both majority and minority Members of the House appropriations subcommittee. During the meeting, management decisions to reallocate capital funds for direct patient care in 2005 was discussed.
On June 3 of 2005, a meeting with the House and Senate majority staff at the request of the staff detailing the modeling differences between the independent budget and the VA's annual budget process.
On June 9, a meeting with Secretary Nicholson and the general counsel regarding the budget shortfall and the extent to which reprogramming had already taken place.
On June 21, a meeting with Secretary Nicholson regarding the upcoming hearing on budget modeling.
On June 22, a meeting with Dr. Perlin, Under Secretary for Health, regarding the mid-year review and the reprogramming of capital assets and rollover accounts into medical services.
I am going down this entire list. I should have opened with a March 24 letter that Secretary Nicholson had sent to the appropriators, in particular to the gentleman from New York (Mr. Walsh), chairman of the Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies, along with the very same letter that I have here in hand that was sent to the gentleman from Texas (Mr. Edwards), the ranking member of that subcommittee, regarding the reprogramming and redirection of funds.
I do not want to have to repeat that, but I just want to let my colleagues know that notice was given with regard to this reprogramming. So with regard to this question about hide the ball, there was no hiding the ball.
On June 22, 2005, there is a meeting with Dr. Perlin, the Under Secretary for Health, regarding the mid-year review and reprogramming of capital asset and rollover accounts into medical services.
On June 23, there is a hearing before the House Committee on Veterans' Affairs investigating the budget modeling process at the VA and the independent budget and the private sector, and at this hearing is where Dr. Perlin testified with regard to his shortfall of $975 million. That is when the public became fully aware.
On June 28, Secretary Nicholson testified before the House Committee on Appropriations, Subcommittee on Military Quality of Life and Veterans Affairs, and Related Agencies, regarding the newly identified budget shortfalls for 2005 and 2006.
June 28, 2005, Secretary Nicholson then testified before the Senate Veterans' Affairs Committee regarding newly identified budget shortfalls for 2005 and 2006.
June 29, Senator Nicholson joined the House Committee on Veterans' Affairs at a press conference to alert everyone that he was going to come up with an exact number yesterday and then give testimony before the House Committee on Veterans' Affairs regarding that number.
Today, he came before the House Committee on Veterans' Affairs. He testified with regard to an actual shortfall, made an oral request for a supplemental appropriation in the amount of $975 million to cover the shortfall.
I would say everybody's been pretty up front. I am pretty impressed on how things have moved in a bipartisan fashion. I want to compliment the veterans service organizations. I want to compliment the gentleman from Texas (Mr. Edwards). I want to compliment the gentleman from Illinois (Mr. Evans), because what we have here is we want to move in regular order.
What happened over in the Senate is that they make it as an amendment on a 2005 supplemental on an 2006 Interior
bill. What I am really pleased about is the leadership of the gentleman from California (Chairman Lewis) and the gentleman from New York (Chairman Walsh) that they are going to take appropriate action; they are going to act on the Secretary's request for the shortfall.
Why? Because all of us believe and understand in the fabric of the common bond of why we call ourselves American is to care for the men and women who wear the uniform; and when they take off the uniform, we care for them when they are veterans. If they fall in the service of their country, we pick them up and attempt to make them whole. If they fall and die, then we make sure that we give them an honorable burial, and we take care of their widows and their orphans.
That is what this is going to do. We are going to take this measure up tonight. I applaud the chairman for his immediate action. I want to thank the gentleman from Wisconsin (Mr. Obey) for his cooperation in making sure this happened tonight; and I know the gentleman from Wisconsin (Mr. Obey) has been equally impatient, but we are going to make this happen, and we are going to come together to make this happen, and I thank the gentleman.
Mr. Speaker, I thank the distinguished ranking member for yielding me this time, and, like him and the ranking member of the subcommittee, I have some differences with the wording here. I was…
Mr. Speaker, I thank the distinguished ranking member for yielding me this time, and, like him and the ranking member of the subcommittee, I have some differences with the wording here. I was particularly struck by the second whereas. ``Whereas upon adoption, the 14th amendment extended the application of the fifth amendment to each and every State and local government.'' In fact, it did not. Not at adoption.
When the 14th amendment was adopted, it was not considered to extend it. And, in fact, it was what some would have called a liberal Supreme Court that decided to apply the Bill of Rights to the States through the 14th amendment. Now, I am glad they did, and I welcome the support in this resolution for that concept. I know not everybody on that side agrees with it.
Having said that, I am going to vote for the resolution, even though I disagree with some of the wording. I long ago had to come to the reluctant conclusion that voting for resolutions and literary criticism were two very different activities, and too high an aesthetic standard applied to resolutions would make me always vote no. So I tend to not pay too much attention to the whereases. I look at the resolves, and I agree with these resolves.
But let me rephrase the question, because this is the question the majority is asking. Remember, the Supreme Court, the five-member majority, made what I think is a wrong decision, but they did not take the property. You know who took the property? The elected government of the City of New London, people who were elected, and they did it pursuant to laws adopted by the elected legislature and governor of Connecticut. So what you are accusing the Supreme Court of, and I am agreeing with, is very simple: They were insufficiently activists.
Here is this Supreme Court majority letting elected officials do what they want. And the majority is asking an often-asked question: Where is judicial activism when we need it? Because people are not opposed to judicial activism, they are only opposed to judicial activism when they do not want the result. This is judicial activism you are calling for.
Let me read your resolves. ``State and local governments should only execute the power of eminent domain for those purposes.'' ``State and local governments must always justly compensate.'' It is State and local governments in the resolution that we are telling what to do. And your problem with the Supreme Court is that it is letting those pesky elected local and State governments do what they want.
My colleagues are saying, wait a minute, we cannot have elected officials just doing whatever they want. We cannot let elected officials deciding to do these things. If they violate constitutional rights, we want a Supreme Court that stops them. Well, so do I. But sometimes you call that activism. Because that is what you are asking for.
The Supreme Court has never taken a piece of property. Go right across the street. You can look. It has not gotten any bigger. I have been here 25 years, and they have not expanded one tree. What they did was allow locally elected and State elected officials to do it. So let me say that I agree with your complaint about insufficient judicial activism in this case. Let us just not think that that is a faucet you turn on and off.
The second issue is let us get consistent application of it. The gentleman from New York correctly mentioned a case where they took land in Texas for a baseball stadium. A number of Members here have been enjoying the new baseball team in Washington. We have seen a couple of outrageous assaults on the notion that Mr. Soros should be allowed to buy the team. Whoever believes in free enterprise ever thought they had the right to dictate who is the owner of a private team. That is an argument that you will lament for lack of judicial activism. But what they are doing here, the government of Washington, D.C., is doing exactly what you are saying is wrong here.
So I guess Members here are going to boycott that stadium. They are taking property down there on O Street. May not be property everybody here wants to go to, it may not be your farms and
your beaches, but it is private property, and the District of Columbia Government is going to take that private property over the objection of the owners to build that baseball stadium. So instead of trying to drive out some owner that you do not like, why not look into that situation?
But then there is finally an even more important aspect to this. In my earlier years on the then-Committee on Banking, we dealt with something called UDAG, Urban Development Action Grants, and I and some others, including a former Republican Member of this House, who went on to become the Mayor of Dallas, Mr. Bartlett, joined together to object to displacement.
We have had Federal programs that have given money to local governments for urban renewal, it was originally called, for various forms of advancement. So I would assume, and I have been upset with displacement of poor people with no replacement housing. It is considered a good thing if you remove blight. Do Members know what blight is? Blight is poor people with houses with peeling paint, and we have too often in the past funded the destruction of that housing and not funded its replacement.
Let me serve notice now, I will be, as we deal with legislation in the Committee on Financial Services, and hope others will do it as well, every piece of legislation that comes through here where we use public money in a way that would diminish the housing opportunities for low-income people, let us provide alternative opportunities, because here is the problem. The problem is this, they do not own. I think these are important principles.
But the resolution says it right: you do not let those with more resources benefit at the expense of those with fewer resources. The people with the fewest resources are poor people who rent.
So even though it is not the exact constitutional principle, I hope Members will join us when we say you are not going to use public money and public powers to destroy housing that low-income renters live in, because that will be in that spirit. And then we will go to a nice activist Supreme Court and ask them to enforce it.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself 3\1/2\ minutes. Mr. Chairman, this amendment deals with the process that we now have in place in the Federal Government for…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself 3\1/2\ minutes.
Mr. Chairman, this amendment deals with the process that we now have in place in the Federal Government for contracting out work that is performed by Federal employees around the country, in other words, what process is in place for privatizing certain Federal Government jobs. That process, which is known by the Office of Management and Budget, A- 76 process, is a broken process. In fact, both Federal Government employees and private contractors have serious legitimate concerns and complaints about the existing competitive sourcing process. This amendment would, in fact, encourage OMB to go back to the drawing board and develop a competitive sourcing process that addresses everybody's concerns. And it is an amendment that is identical, word for word, to an amendment that has passed the House on this appropriations bill in the last 2 years.
And we have passed this bill for the past 2 years for a very simple reason. We recognize that the existing contracting out process is unfair and that it needs to be fixed. And that has not changed from last year to this year. In fact, already this year the Appropriations Committee and this House have recognized the fact that the existing contracting out process is broken because we have passed a number of bills to change that on an ad hoc basis. For example, the Defense appropriations bill, which has already passed this House, changed the A-76 contracting
out rules for Department of Defense Federal employees in a number of ways. It insured, first of all, that Federal employees of the Department of Defense would always have the opportunity to compete to keep their jobs through forming what is known as the most efficient organization. The Defense appropriations bill also required that when a private contractor is trying to take over work it demonstrates that it can provide some minimal level of savings to the taxpayer. After all, that is what competition should be about.
That is something the GAO has recommended, and it is something the Appropriations Committee put in the Defense appropriations bill but it is not part of the normal contracting out process. The Defense appropriation bill also prevents private contractors from gaining an advantage by providing less health benefits to their employees. We as a Federal Government should be setting an example to the public, not trying to encourage people to dump health coverage for their employees. And so the appropriations for defense did that.
There are also things we did with respect to the authorization bill for the Defense Department that changed the contracting out rules. For example, we made sure that during the appeals process, that the appeals rights of Federal employees would be the same as appeal rights for private contractors. That seems to make sense. That is only fair.
In fact, if you look at different appropriations bills that have come out, the Homeland Security appropriations bill, the Interior appropriations bill, the Agriculture appropriations bill, all of those bills had changes to this contracting out process.
So the question arises if the Appropriations Committee itself has changed the contracting out rules in all these other bills, does it not make sense to ask the Office of Management and Budget to go back and get it right, come up with a uniform policy that applies governmentwide, rather than have five different tests in different appropriations bills.
That is what this amendment is all about. It does not get rid of the competitive sourcing rules. It would say to OMB, go back to the rules that were in place before May 2003 until you fashion a new set of rules that make sense for everybody.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself 1 minute.
I would just pose the question to the subcommittee chairman, I thank him for those remarks, but if the current A-76 contracting out process works so well, if that is the ideal that we want to have, why has the Appropriations Committee, on five different bills that it has reported out, changed those rules with respect to several agencies?
With the Interior appropriations bill there was a rider that came out that passed the House that limited the amount of money that may be used for privatization review by the Department of the Interior and for the Forest Service specifically.
On the Homeland Security appropriations bill, you prevented the Department of the Interior from reviewing for privatization work performed by three different categories of employees who serve on the front lines of the war against terrorism.
On the Agriculture appropriations bill, the Appropriations Committee in this House included provisions that prevented the Department of Agriculture from reviewing for privatization any employees involved in rural development or farm loan programs.
So I would just say to my colleagues, if the existing system works so well, why has the Committee on Appropriations in this House this year already voted to change it in so many ways? Let us have a uniform policy that applies equally across Federal agencies.
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, this is not about getting rid of the competitive sourcing program. There always has been competitive sourcing in the government, and there will continue to be. The issue is what rules apply. I would suggest to my colleagues that the defense appropriations bill rider that was attached said when you have these competitions, you should at least demonstrate that the taxpayers would be saved some money. A minimum of at least 10 percent of the funds was a good idea. That was required by this House. That is not required by the current A- 76 process. We should make that. That should not just apply to the Defense Department that we get a good deal for the taxpayer. That should apply.
The provision of health benefits, let us do what the House has already done
two times, which is adopt this exact language. We did it last year on this bill. We did it the year before. I urge my colleagues to do it again this year.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I rise today with an amendment at the desk. I want to thank the chairman of the Committee on…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
I rise today with an amendment at the desk. I want to thank the chairman of the Committee on Appropriations subcommittee for his work on this. I want to thank the gentlewoman from the District of Columbia (Ms. Norton) for her attention and help. I also want to thank the responsiveness of the Mayor's office and the city council.
I will submit into the Record at this point letters from the Mayor's office and from Carol Schwartz, council member on the District of Columbia council.
Quickly, let me tell my colleagues the issue that was brought to my attention by one of my constituents in the last week, and as we come to the 4th of July, when millions will come to the District, when thousands of veterans, many of whom are disabled, will be visiting our Nation's capital and going to our monuments, what was brought to my attention by Viola Cupit from Bogue Chitto, Mississippi, who called my office last week.
She had come to our Nation's capital. She happens to be disabled. She has a disabled license plate from the State of Mississippi. She parked on Constitution Avenue. The parking sign says disabled, 4 hours free parking. She thought that she was correctly parked and would not face any fine or ticket.
She returned to discover that it is free for D.C. residents, but not free for those who travel to our Nation from other States. If you are from Mississippi or from Tennessee or from California, if you were to come to the District, you are disabled and you were to park, you would either have to pay or go to the DMV, which can be a long, difficult and frustrating process in the District of Columbia to get a District disabled placard card.
Now, we know in our Nation's capital that we want equal treatment. We do not want discriminatory treatment, especially for our disabled citizens and veterans. We do not want to see them differently. I do not think it was the intent of the District of Columbia and their regulations to have this unequal, discriminatory treatment; but it nonetheless is.
I think the intent of the letters of the Mayor and the city council member indicate that they want to correct this inequity.
I also want to submit for the Record a letter from the Paralyzed Veterans of America who have also asked that this discriminatory practice cease, and they stand willing and ready to work with the District of Columbia to have a fair policy.
I will insert the letters that I have referred to into the Record at this point.
Paralyzed Veterans of America,
Washington, DC, June 29, 2005.
Hon. Charles W. Pickering, Jr.,
Washington, DC.
Dear Representative Pickering: Paralyzed Veterans of
America (PVA) is pleased to support your efforts to correct a
policy of the District of Columbia to charge people with out
of state placards for accessible parking. PVA expressed our
concerns to the D.C. government before this policy went into
effect. We oppose paying for accessible parking when in fact
the parking is provided on a discriminatory basis. While we
understand the need to curb abuse, we do not believe that the
city made sufficient parking truly accessible or gives
adequate notice to those who need it.
The current policy is confusing and discriminatory.
Disabled drivers with D.C. placards or plates are allowed
four hours of free parking. Drivers with a valid placard from
any other jurisdiction must pay, but the only notice of the
requirement to pay is on the sidewalk side of each meter.
Simply finding that notice may require the person to get out
of the car, wheel through traffic to a curb cut (assuming
there is one), then wheel back on the sidewalk to the meter.
At that point, the visitor can only hope that the meter
itself is accessible.
PVA believes the District's policy violates the
``reciprocal agreements'' under Public Law 100-641 (23 CFR
1235). The law established guidelines for states and
jurisdictions to follow in designing accessible parking
spaces, placards and license plates and urged reciprocity in
enforcement and parking privileges granted by other
jurisdictions.
Again, thank you for your leadership on this issue. PVA is
ready to work with you to ensure accessible parking
privileges in the District of Columbia are equally available
to all disabled drivers, regardless of jurisdiction.
Sincerely,
Lee Page,
Associate Advocacy Director.
I yield to the gentlewoman from the District of Columbia.
Mr. Chairman, if I could strike the last word.
Mr. Chairman, will the gentlewoman yield?
Mr. Chairman, it is my understanding, based on our conversations, that the gentlewoman would encourage the city to do something similar to what they did when the World War II memorial was opened, and that is, to grant an emergency status to make sure that the disabled had free parking in the district. Is it the gentlewoman's intention to do so, and during the interim, until they are able to clarify the regulations, that no one would be ticketed that is disabled from out of the District who would come to visit our Nation's capital?
Mr. Chairman, if the gentlewoman would further yield, I want to thank the gentlewoman from the District for her very effective representation, her advocacy for her constituents. All politics is local. Nothing is more local than parking tickets; and as we go into the 4th of July, I thank the gentlewoman for her help for those who are disabled, especially our disabled veterans, to make sure that they do not face unequal or discriminatory treatment as they find their place to park on Constitution Avenue or by our monuments or wherever it may be.
Again, I thank the gentlewoman for the spirit in which we have worked together and look forward to other opportunities in the future.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
Mr. Speaker, I rise today as the author of H. Res. 340, a resolution expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case…
Mr. Speaker, I rise today as the author of H. Res. 340, a resolution expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London, Connecticut. I encourage all of my colleagues on both sides of the aisle to support this bipartisan resolution.
Mr. Speaker, I first would like to take this opportunity to thank the leadership of this House and the gentleman from Wisconsin (Chairman Sensenbrenner) for so expeditiously scheduling and shepherding this resolution to the floor for a vote. I would also like to thank the over 75 Members who have contacted my office to become cosponsors of the resolution and those who are speaking in support of it tonight.
H. Res. 340 demonstrates the commitment of this House to not stand idly by, but rather to act now in addressing this atrocious and negligent decision. By a margin of only one vote, the Supreme Court has struck down 2 centuries' worth of precedents and constitutional protections for property owners.
It is the responsibility of this House to ensure that the American people,
the owners of this great country, are never run over by a handful of judges who refuse to enforce the written laws of this land and to uphold the guarantees of the Constitution.
Mr. Speaker, despite the failings of the majority in the New London decision, at least there were four justices who got it right. I applaud them in their steadfast determination and commitment to uphold the Constitution and express their own dismay at the majority's rulings.
As Justice O'Connor writes in the dissenting opinion: ``Any property may now be taken for the benefit of another private property, and the beneficiaries are likely to be those citizens with disproportionate influence and power in the political process.''
No home, no business, no property, no person is safe from the destructive consequences of this decision. Imagine a local city council using its power of eminent domain to condemn and demolish the local church or synagogue and put up a Starbucks because God is not making them any money.
As Americans across this country prepare to celebrate the 229th anniversary of our independence, I can think of no greater tribute to our fine and Founding Fathers and no greater gift to the American people than declaring that this land is their land and not the government's.
Mr. Speaker, I again want to thank the leadership of this House and the gentleman from Wisconsin (Mr. Sensenbrenner), and I would encourage all of my colleagues to pass this resolution and speak united in one voice declaring liberty and justice for all.
Mr. Speaker, I rise today as the author of H. Res. 340, a resolution expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. the City of New London Connecticut. I encourage all of my colleagues on both sides of the aisle to support this bipartisan Resolution.
Mr. Speaker, I would first like to take this opportunity to thank the leadership of this House and Chairman Sensenbrenner for so expeditiously scheduling and shepherding this Resolution to the floor for a vote.
I would also like to thank the over seventy-five members who have contacted my office to become cosponsors of this Resolution, and those who are speaking in support tonight.
House Resolution 340 demonstrates the commitment of this House to not stand idly by, but rather to act now in addressing this atrocious and negligent decision. By a margin of only one vote, the Supreme Court has struck down two centuries worth of precedent and Constitutional protections for property owners.
It is the responsibility of this House to ensure that the American people, the owners of this great country, are never run over by a handful of judges who refuse to enforce the written laws of this land and uphold the guarantees of the Constitution.
Mr. Speaker, despite the failings of the majority in the New London decision, at least there were four justices who got it right. I applaud them in their steadfast determination and commitment to uphold the Constitution and express their own dismay at the majority's ruling. As Justice O'Connor writes in the dissenting opinion: ``any property may now be taken for the benefit of another private party . . . and the beneficiaries are likely to be those citizens with disproportionate influence and power in the political process.''
No home, no business, no property, no person is safe from the destructive consequences of this decision. Imagine, a local city council using its power of eminent domain to condemn and demolish the local Church or Synagogue and put up a Starbucks, because God isn't making them any money.
As Americans across this great country prepare to celebrate the 229th Anniversary of our Independence, I can think of no greater tribute to our Founding Fathers and no greater gift to the American people than declaring that this land is their land and not the government's.
Mr. Speaker, I again want to thank the Leadership of this House and Chairman Sensenbrenner, and I would encourage all of my colleagues to pass this Resolution and speak united in one voice declaring liberty and justice for all.
Mr. Chairman, will the gentleman yield? Mr. Chairman, I thank the gentleman for doing so. I rise to claim my time in opposition, but I do not intend to oppose because I believe when we are finished…
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman for doing so.
I rise to claim my time in opposition, but I do not intend to oppose because I believe when we are finished with this colloquy that the amendment will be withdrawn because of assurances from me and from the responsible officials in the District of Columbia.
If I may, I want to thank the gentleman for the way in which he handled this matter. First, I want everyone to know that the gentleman did not come to the floor first. The gentleman called the District of Columbia, and I want to apologize to the gentleman that the staff who handled this did not tell me that a Member of Congress had done them the courtesy of calling about a matter so that I might have become a part of this beforehand because the gentleman did exactly the right thing.
The gentleman from Mississippi went to the source of the problem to see if he was really reading correctly that disabled people who came here, for example in a wheelchair, might have to go to the DMV in order to take advantage of the same free parking that someone in a wheelchair here would have.
The staff involved simply told him the reason for the policy. The reason
for the policy is sometimes rather flagrant abuses by residents and nonresidents. Usually, the nonresidents live a whole lot closer to us, I say to the gentleman, than his own constituent from Mississippi, and as a result, this matter was not resolved, and the Member did what one might expect. This was the chance then that he had to do it. It came to my attention only last night.
At that point, I thought I ought to go upstairs and talk to not the staff who apparently had been involved but to the Mayor, the chair of the City Council and the chair of the committee that has jurisdiction.
The Mayor was getting on a plane. I did not have time to talk to him in depth, but he said something to the effect, you know, Eleanor, this is the mecca of equal opportunity; I cannot imagine how we can have unequal treatment of that kind. I told him about the DMV, and he is famous for jokes about the DMV.
I have time.
Mr. Chairman, I yield myself such time as I may consume.
I will in a moment yield to the gentleman from Mississippi for him to respond. I just wanted to explain myself because frankly I am embarrassed by the fact that the gentleman had to call our officials.
Needless to say, everyone has gone out of their way to assure the gentleman from Mississippi and to thank him frankly for bringing the matter to our attention. I just want to read one part of the letter on behalf of the Mayor from the city administrator, the top person under the Mayor.
``We were seeking to curb abuses, not create difficulties for disabled visitors to our city. We are especially proud to be an important tourist destination receiving 20 million visitors annually. We also take pride in our policies regarding equal treatment for disabled people. I would very much appreciate your courtesy in giving me the opportunity to work with Public Works and the Environment Committee Chair Carol Schwartz and our City Council to correct the flaws you have found in this statute.''
Ms. Schwartz, who is the committee chair, by the way the only Republican on the City Council, wrote, and she said that, ``this was always our intent, but I also recognize that there may have been some unintended consequences.'' She has spoken directly to the gentleman from Mississippi, and I am grateful that she herself spoke with him.
Again, could I invite all Members, when you see something like this, maybe we can get it done, maybe we cannot, but if you would follow the example of the gentleman from Mississippi and go directly to the source, but by the way, always tell me so I can hammer them, too; then we will try to correct such matters, to keep them from taking up the time of the House.
I yield to the gentleman from Mississippi.
Mr. Chairman, I want to assure the gentleman that they have represented to me, and I believe that they are sincere, that they meant no discrimination between the disabled out of state and the disabled here. Therefore, citing the precedent the gentleman himself has indicated, I will represent to him that there will be no disabled out-of-state tickets given during the time that this matter is being straightened out.
Let me also represent to the gentleman, because Members are accustomed to coming to me about tickets that should not have been issued, Members under certain circumstances may not get tickets in the District of Columbia. They sure know how to find me. I want my colleagues to know if they have any constituent who is ticketed during this interim period, they should find the Congresswoman from the District of Columbia so she can see that those tickets are not outstanding, and I represent that to the gentleman from Mississippi.
Mr. Chairman, I thank the gentleman, again, for the way in which he has handled this matter, and may I say as well that I thank him for bringing it to our attention. This is a tourist destination and is frankly embarrassing that this matter was not taken care of beforehand.
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Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume, and I want to thank the gentleman from Michigan (Mr. Knollenberg) for this opportunity to talk about some…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume, and I want to thank the gentleman from Michigan (Mr. Knollenberg) for this opportunity to talk about some issues that I think are very important to America and to our current economic and future economic environment.
My amendment is very simple. It says ``none of the funds made available in this Act may be used to promulgate regulations without consideration of the effect such regulations have on the competitiveness of American business.''
Recently, just about an hour ago, we had an amendment on the floor here from the gentlewoman from Michigan expressing her concern about the sale of Unocal, an American company, to a Chinese company. Now, I too am concerned. But perhaps we should ask the question: How did this company get in the situation where they are so susceptible to a hostile takeover by a Chinese company?
Perhaps we can learn a lesson from this situation, with this threat of a hostile takeover. The problem that has occurred with many businesses, including Unocal, is that they have to face barriers and overcome barriers that have been created by Congress over the last generation. The barriers have made American companies less competitive and more vulnerable.
The less competitive American companies always will have to struggle against having some outside business, especially if it is subsidized by a foreign government, taking them over. The barriers that have been created by Congress include unbridled rising health care costs. The costs have been driven up by Medicaid and Medicare and the government bureaucracies that control them.
It is also litigation abuse that has driven up the cost of insurance. In the average settlement, Mr. Chairman, 60 percent of the cost now goes to lawyers instead of those who have been taken advantage of.
Also, we have the regulation costs to comply with, which drive up costs for companies complying with confusing red tape.
We have a tax policy that punishes success. We have an energy policy that we have passed five times in the House of Representatives, and yet we have not been able to get it into law. And we could be creating 700,000 jobs and bringing down the cost of energy for our companies.
We have a trade policy that fails to open up new markets like Central America and the Dominican Republic. We have research and development that we need to focus on the future economy, and we have lifelong learning issues and barriers created by Congress that have failed to address the needs of a future economy and provide the engineers and scientists and those in math and other areas of technology that will be needed in the future economy.
These policies are preventing the creation of jobs, and the result has been the loss of high-quality, high-paying jobs here in America.
The amendment I have focuses on regulations because regulatory costs are killing jobs. Less government regulations will mean granting the freedom to allow Americans to pursue their dreams, and it also means providing the space for business to thrive and create opportunities.
Instead, our Federal Government has become a creeping ivy of regulations that strangle enterprise. Unrealistic, impractical, unnecessary environmental prohibitions, OSHA mandates and the like are literally driving our industries and small businesses and our health care system to a grinding halt.
How can we expect our economy to develop and grow when bureaucracy prevents business from starting and expanding jobs; when doctors cannot even keep up with the ever-changing regulations and codes; when teachers are forced to spend more time filling out paperwork than they do in the classroom. It is estimated that the total regulatory burden as of the year 2000 was $843 billion. That is $8,000 per manufacturing worker. The regulatory compliance burden on U.S. manufacturers is equivalent to a 12 percent excise tax. It is no wonder we are having trouble competing worldwide. It is no wonder our companies are more vulnerable to hostile takeovers by foreign companies.
As we approve spending allocations by the Departments of Transportation, Treasury, HUD, and related agencies, including the OMB, we need to remind them of the importance of their actions with that funding.
Each and every Federal agency should take into consideration the effects of proposed policies on competitiveness of U.S. businesses, and they should be held accountable for those effects.
We should be concerned when a U.S. company is threatened by a hostile takeover by a foreign company. We need to change the economic environment today so we can look forward and create jobs.
I intend to withdraw this amendment, but I want to thank the gentleman from Michigan (Mr. Knollenberg) for looking out for American jobs. I am confident we can work together to make this possible to bring jobs back into America and to keep and create more jobs by changing the economic environment.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, small businesses still struggle to participate in the Federal marketplace. For the past 4…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, small businesses still struggle to participate in the Federal marketplace. For the past 4 years, the Federal Government has not met its small business contracting goal, costing entrepreneurs billions of dollars in lost opportunities.
By failing to take advantage of their exceptional quality and reasonable prices, the Federal Government is losing out on the best value for taxpayers' dollars.
One of the primary reasons the Federal Government has failed is because of contract bundling. These megacontracts have been responsible for a 56 percent drop in available contracts to small businesses in 9 years. After all this time, we have yet to see one dime in savings of taxpayers' dollars.
The latest chapter in small business lost opportunity comes from the General Services Administration. GSA is moving forward with an ill- conceived megacontract called e-travel. With this contract, GSA is poised to eliminate a whole sector of the small business community, travel agents, from working with the government. This is an industry small businesses dominate, as 99 percent of its firms have 30 employees or less.
This move is despite the President's small business agenda and his repeated statements that contracts should be broken into smaller pieces. Completely ignoring this, GSA is cutting small businesses out, all in the name of streamlining, which they cannot even prove.
It is not a new issue. In fact, recognizing the potential harmful impact that this contract will have for small businesses and local economies, the conference report for the fiscal year 2004 omnibus appropriation took the
extraordinary step of telling GSA it needs to preserve these contracts for small businesses.
Despite this mandate, GSA did just the opposite, and made the e- travel project mandatory barely 1 month after the conference report. This means that no local or Federal office can use their neighborhood travel agency, even if they already have for years.
The results of GSA's actions are massive losses which industry estimates project costing small travel agencies at least $100 million in contracting opportunities, and possibly more. With only 78,000 jobs being created last month, can we afford to lose out on more opportunity in areas of the country that so desperately need jobs?
GSA is ignoring the President's small business agenda designed to increase contracting opportunities. They are ignoring the will of Congress. They care nothing about saving taxpayers' dollars. The amendment I am offering today will make sure they listen and stop pushing small businesses out of the Federal marketplace.
Let us not forget the important role small travel agencies have played. On September 11, when thousands of people were stranded in airports, they took as long as was necessary to figure out ways to get people home. When people stopped traveling out of fear, they got them going again. The thanks they got from the airline industry was a loss of booking fees and direct competition. The airline industry decided it could do their job.
Now the Federal Government is telling them that their services are no longer needed. This is not only shortsighted, but it fails to recognize the value that these companies add.
My amendment will balance contracting opportunities in the travel industry, much like the previous system. It would allow large providers to perform on the national contracts, but it would not prevent a Federal agency from using a local travel agent if that is what they prefer to do.
Let me make one thing clear. If this amendment is not adopted, not one single small business travel agent will be able to do business with Federal agencies, and this is outrageous. These megacontracts have clearly gone too far; and it is time that we say enough is enough.
This amendment has received the support of the Society of Government Travel Professionals, as well as the U.S. Women's Chamber of Commerce. I am urging my colleagues today to protect small business contracting by supporting this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I just would like to respond for the record to a statement made by the chairman that the e-travel will save taxpayers' money. Let me just say that an industry review of the booking fees listed on the Federal Supply Schedule, it appears that GSA's figures on travel booking fees may have been estimated too high by as much as $20 per transaction, and these are the big industries, the big travel agencies, not the small businesses.
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, this amendment is coauthored with the gentleman from Minnesota (Mr. Gutknecht). The Economic Report of the…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, this amendment is coauthored with the gentleman from Minnesota (Mr. Gutknecht).
The Economic Report of the President is supposed to be an educational
tool, not a drug industry PR piece. On page 167, it asserts: ``On average, a new drug takes 12 years to develop and costs $800 million to introduce to the market.''
That cost estimate, by drug industry-backed researcher Dr. Joseph DiMasi, is used widely by drug companies to justify the high and rapidly rising prices they charge American consumers. But the DiMasi estimate is based on a widely disputed methodology that dramatically inflates actual R&D costs. The most blatant shortcoming is that the DiMasi estimate generalizes from the cost of developing a breakthrough product to the cost of developing any new drug. Most new drugs on the market are me-too drugs, or second generation products. They are by their very nature far less expensive to develop than the original.
Even more troubling is the accounting gimmick unearthed by Professor Donald Light and Associate Professor Joel Lexchin. They write, ``About half of the $800 million figure consists of `opportunity costs,' the money that would have been made if R&D funds had been invested in equities.''
Treating opportunity costs as actual costs is a good way to inflate the R&D estimate, but a bad way to give the public honest data on actual R&D spending.
By such an accounting, the cost of producing a stick of bubble gum could include the box office revenue foregone by the manufacturer's decision to make gum instead of motion pictures.
As Light and Lexchin write: ``Minus the built-in profits, R&D costs would average about $108 million 93 percent of the time, and $400 million 7 percent of the time.''
By that reckoning, the industry estimate overstates the cost of developing a new drug by 740 percent. But in his economic report, President Bush uses the drug industry's estimate without question, without qualification, without even attribution.
Put simply the Brown-Gutknecht amendment would fix that. It prevents the Council of Economic Advisers, which works with the President to produce his economic report, from using that bogus estimate next year.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the gentleman from Minnesota (Mr. Gutknecht), the cosponsor of the amendment.
(Mr. GUTKNECHT asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield 1 minute to the gentleman from Cleveland, Ohio (Mr. Kucinich).
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I hear my friend from New Jersey, well, all of my friends from New Jersey. They are arguing on behalf of the drug industry. Here is what this is all about, as the gentleman from Minnesota (Mr. Gutknecht) said.
The drug industry funds a study. They do it through Tufts University. They find a professor at Tufts. This Dr. DiMasi has been doing these studies for the drug industry for several years. This is, I believe, his third study. After the study is done saying it costs $800 million, numbers just pulled from all over the place as the gentleman from Minnesota (Mr. Gutknecht) proved in his comments, they get that study in a government report, and then that number gets all over the place to try to justify continued high drug prices, the kind of prices that the gentleman from Minnesota (Mr. Gutknecht) and others on this floor have tried to do something about for several years.
So when the industry does a study, then you put it in a government report, it simply does not make sense to do that for the public interest.
There is a lot at stake here. The industry uses that fabricated cost estimate to justify charging our constituents the highest prices in the world. Two, three, four times Americans pay what Canadians or French or Germans or Israelis or Japanese pay; prices that force way too many American seniors to choose between their medicine and food; prices that drive up employer-sponsored health care costs, making American companies less competitive. Look at the problems at GM that my State faces. Prices that drive up tax bills by exploding the cost of Medicaid and Medicare and other public health programs.
With that much at stake, the very least we should do is make sure we get the numbers right. This will be the first step in debunking this $800 million myth. This will be the first step in getting the numbers right so that we can get on in dealing with real prescription drug legislation in the future.
I ask support for the Brown-Gutknecht amendment.
Mr. Chairman, I demand a recorded vote.
Mr. Speaker, I thank the gentleman for yielding me this time, and I am pleased that my colleagues have focused on the importance of the Supreme Court's Kelo decision. The power of eminent domain is…
Mr. Speaker, I thank the gentleman for yielding me this time, and I am pleased that my colleagues have focused on the importance of the Supreme Court's Kelo decision. The power of eminent domain is an extraordinary power that must be used rarely and with great care. Even where the constitution might permit the exercise of this extraordinary power, government must take great care to respect the rights of families, of small businesses and of communities. This is not a power that should be used for the benefit of private parties who might be well connected, as Justice O'Connor said. It is a power that can be abused, and that has been abused.
I want to point out that the Supreme Court, in this decision, is essentially saying that power that communities have exercised, they can continue to exercise, where some thought that we ought to pull it back. For example, when President Bush was one of the owners of the Texas Rangers baseball team, they were able to get the town of Arlington, Texas, to condemn private property to give them land to build a baseball stadium. Ask the Mathes family about the abuse of power. The city condemned 13 acres of their land for George Bush's baseball team, and the Mathes family had to go to court to compensate them for the actual value of the land.
Now, I think we would agree that was not right, and the Supreme Court now says that that is okay. We cannot allow private individuals to be enriched at the expense of their neighbors by hijacking and abusing the power of government.
The Kelo decision raises a great many questions, and I want to commend my colleagues, the chairman, the gentleman from Wisconsin (Mr. Sensenbrenner), and the ranking member, the gentleman from Michigan (Mr. Conyers), for introducing legislation and allowing the Committee on the Judiciary to consider the full impact of the court's decision and draw the proper line between the public interest and private enrichments. We need to protect families like the Mathes family, victimized by the Texas Rangers and the town government in Texas, and we need to protect our communities from the abuse of government power to benefit private interest.
Now, I am going to reluctantly vote against the resolution because, as the gentleman from Michigan (Mr. Conyers) said, it says things about the decision that probably are not accurate. I do not think the decision said that you can use the power of eminent domain for the sole benefit of another private person. It might be the incidental benefit of a private person if you could concoct a theory of public benefit. I do not think it completely negates the public use requirements of the takings clause.
Having said that, the basic purpose of the resolution is a good one, and the basic purpose of the legislation that the chairman has introduced is a good purpose. But I hope we will hold a series of hearings on the Committee on the Judiciary. We should hold one hearing to determine from experts exactly what the Supreme Court said; how far it went and how far it did not go. When the dissent says it went this far, it does not mean that is what the majority meant. Dissents often overemphasize the implications of the majority decision.
So I think we should have one hearing on what the Supreme Court actually said and what we are faced with, and I think we should have another hearing on where we think we should draw the line. Communities need to be able to use eminent domain for legitimate economic development, but they should not be able to use it for private enrichment. How do you draw that line?
These are serious questions that we should consider adequately. I think we should hold a few hearings and craft careful legislation to limit the effect of the Supreme Court's decision, and I would hope that we could craft legislation carefully that we could all support in this House.
So, again, I commend Chairman Sensenbrenner, and I am glad to be able to have the opportunity to do that after recent history. I commend Ranking Member Conyers. But I will reluctantly vote against this resolution because, although I approve of its main thrust, I believe it says things about the court decision that are not quite accurate, and I look forward to working with my colleagues to fashion legislation that we can all support and that gets us what the Greeks called the proper mien to protect the rights of
communities for proper economic development, but protect the rights of individuals. But I do, once again, thank the gentleman for bringing this subject to our attention.
Mr. Speaker, will the gentleman yield?
Mr. Chairman, frankly, I support the words in this amendment, but I reject the politics that brings it here. I think this House has sunk to a very new low, using veterans and trying to scare veterans…
Mr. Chairman, frankly, I support the words in this amendment, but I reject the politics that brings it here. I think this House has sunk to a very new low, using veterans and trying to scare veterans for political gain.
It is absolutely amazing to me that because you disagree with policies of the administration, you try to lead the Nation to think that people are lying. There is no lying here. Questioning the motives of military heroes that come to testify before this House and before the Senate is a new low. Questioning people's honest, forthright presentation of the facts as they know them at the time that they testify as lies is a new low. And that is what we have come to. It has come to politicizing everything. It does not matter what it is.
And not only politicizing it, but trying to scare people into supporting your position. I remember very distinctly when this issue came to us, because the Veterans Administration had done a mid-year review and found the problem with the shortfall in veterans health. They properly informed the people that should be informed, both Democrat as well as Republican. Instead of doing what the responsible
thing is, which is what our chairmen of the relevant committees did, that is, start looking at the problem, making sure we understand the problem, and then finding a solution for the problem, what did the other side of the aisle do; they immediately ran down here and tried to pass an amendment to a bill and throw over $1 billion at a problem they did not even understand.
Why? Why would you do that? Why would you do such an irresponsible thing? The only reason you would do it is for politics. They had no idea what was required. As mentioned earlier, the Veterans Administration had suggested that they just move money around to get us through this fiscal year so that we could appropriate the next year. That was not a good solution. And the gentleman from Indiana (Mr. Buyer) and the gentleman from New York (Mr. Walsh) understood that and worked with the administration, and we are going to pass the solution tonight, understanding that we need not only to replace this money that is in the shortfall, but to make sure that there is enough money forward.
I mean, in the bill that most of this House voted for that funds Veterans' Affairs, this House and our committees knew that there was a shortfall in what was presented by the administration, in our opinion. Not because we were lied to, but in our opinion. And we put $1.64 billion more than what was requested by the President, thinking that would take care of the problem. And it still may take care of the problem next year. And that is what these bills are all about, funding next year. We will take care of the problem now.
And I say to the veterans in this country, you will not miss one day of health care that is coming to you. Do not listen to the politics and be afraid that you may lose your health care. That is not going to happen. We will take care of it, just as we have always taken care of it.
Since the Republicans became the majority in 1995 funding for veterans has increased 77 percent. When the Democrats controlled this House from 1984 to 1994, spending per veteran rose from $923 to $1,300. Yet in the next 10 years, in the years that we have had the majority, it rose to $2,773. From $1,300 to $2,700. Funding for the Montgomery GI bill rose 35 percent when they were in charge. But since we have been in charge the last 10 years, the GI bill funding rose 147 percent. And yet we are constantly trying to play politics and cover up the facts.
The bill that we passed for next year will take care of this. From 2001 to 2005, the percentage increase in the VA health care funding, 40 percent, was larger than the Defense Department's increase; 33 percent. And this is a time of war. We are providing for the needs of our veterans. We are taking care of our veterans.
Do not let the political rhetoric and the political posturing and the demagoguery say otherwise. Because the facts, if you really want the truth, the facts say that we are not only taking care of our veterans, not only do we understand our responsibilities to our veterans, not only do we understand what veterans have contributed to this Nation and our welfare and our freedom, we are doing more than talking about it. We are taking the responsible way of taking care of our veterans and not playing irresponsible politics.
Mr. Chairman, I ask my colleagues to vote ``no'' against this cynical, political amendment.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. In this House, we frequently proclaim the importance of helping small businesses. Consider, in fact, that…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
In this House, we frequently proclaim the importance of helping small businesses. Consider, in fact, that the Small Business Act states, in part, it is the policy of the United States that small business concerns shall have the maximum practical opportunity to participate in the performance of contracts let by any Federal agency, including subcontracts.
Mr. Chairman, my amendment addresses two issues that are, in fact, already part of the Small Business Act but continue to be problems for the small business community. First, under current law, proclaimed by the Small Business Act, it is required that the successful bidder shall have a subcontracting plan included in the contract, and that prior compliance of the bidder with other subcontracting plans shall be considered by the Federal agency to determine if the bidder is responsible in the award of the contract.
However, the fact is that, in far too many cases, the subcontractors that are listed on the subcontracting plan of the bidder that wins the contract are never used to perform the contract work. As a result, small businesses, women-owned businesses, African American businesses, other ethnic minority businesses who, we are told, are being included in Federal contracting are, in fact, often excluded. They are not allowed to perform the work. This practice constitutes fraud and undermines small businesses, and we need to put a stop to it.
My amendment penalizes Federal contractors that fail to subcontract with small businesses as submitted in their subcontracting plan. Should the contractor not use the subcontractor laid out in their plan, the amendment requires that the contractor provide written justification or lose the award. Small business contractors deserve adequate protection from dishonest contractors.
The second issue raised in this amendment is a problem that, in many cases, after a subcontractor successfully performs the work they are not being paid in a timely manner to allow them to meet their obligations. Again, the Small Business Act currently addresses this issue. It says that the policy of the United States is that prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their contracts with small businesses.
Unfortunately, all too often this does not happen. It is hard enough to survive in business without the added burden of late payments affecting cash flow and growth potential. Small businesses cannot afford to wait long periods of time to be paid after completing a job, especially a small business contracting on a government contract.
A growing number of small businesses have complained to me about the threat to their survival as a result of having late payments or having to pursue claims through litigation or administrative procedures in order to get paid. This problem has caused me to introduce prompt payment legislation in the last few Congresses. This amendment addresses the problem by providing that when a prime contractor has been found to be out of compliance with prompt payment provisions, or are the subject of administrative claims or litigation, they should be denied the ability to be awarded Federal contracts.
My amendment addresses the problem of subcontractors not receiving payment for services to a prime contract in a timely manner. We need to stop paying lip service to the small business community and roll up our sleeves and address the specific problems they confront. They confront the problem of being listed in Federal contracts but never used, and they confront the problem of not being paid on time and having to pursue litigation remedies. This amendment will address both of these issues. I believe it is, in fact, germane to the bill that no money shall be used to pay contractors who violate these two provisions, accurate subcontracting and prompt payment.
I urge adoption of the amendment.
Mr. Chairman, I reserve the balance of my time.
Point of Order
Mr. Chairman, I would just add that this bill does not change existing law. If you will note, I actually read into the Record the status of existing law regarding the requirement to list your subcontractors and the requirement for prompt payment. This bill merely adds the provision to enforce existing law.
Mr. Chairman, I yield myself such time as I may consume, and I rise in opposition to this sense of Congress resolution. This is a great evening in the House of Representatives. We had the gentleman…
Mr. Chairman, I yield myself such time as I may consume, and I rise in opposition to this sense of Congress resolution.
This is a great evening in the House of Representatives. We had the gentleman from Wisconsin, the chairman, joining me and the great civil rights organizations of America that he has named, all working in common cause to right a decision that has come out of the Supreme Court about eminent domain that will require the attention of all of the Members of this body.
In a way, I am reluctantly in opposition to the sense of Congress resolution because if I had had a little part in drafting it, I can tell my colleagues we would have taken out some of the over-the-top criticism of the Court itself, and I would probably be arguing for this sense of Congress resolution.
I have serious concerns regarding the misuse and overuse of eminent domain procedures in this country and oppose the elevation of corporate profits and corporate uses of land over individual rights. So like the chairman of the Committee on the Judiciary, I joined NAACP, the Southern Christian Leadership Council, Operation Push, and the Leadership Conference on Civil Rights because I think this Court opinion makes it too easy for private property to be taken and transferred to another private owner. This is a particular problem. Eminent domain has been used historically to target the poor, people of color, and the elderly.
Since I am a cosponsor of the bipartisan legislation that the chairman of the committee has called for, then what is my problem with the resolution? Well, it gratuitously overtargets the judicial branch. There are terms in here that are not helpful as we engage in a debate with a co-equal branch of government.
The resolution insists that Congress, and Congress alone, can address abuses of eminent domain. I am not so sure about that. That ignores and demeans the historic role the courts have played in protecting individual rights and property rights.
The other problem that leads me not to be supportive of the sense of Congress resolution is that it inaccurately misstates the scope of the Supreme Court's ruling. For example, the resolution states that the majority opinion justifies the forfeiture of a person's private property through eminent domain for the sole benefit of another private person. As a matter of fact, Justice Stevens stated at the outset of his opinion that the sovereign may not take property for the sole purpose of transferring it to another party.
The resolution states that the majority opinion renders the public use provision in the takings clause meaningless, but it is more accurate to say that the public purpose requirement is still applicable, although somewhat diminished.
In reality, the majority opinion held that the eminent domain may be used where the plan serves a public purpose. The issue of eminent domain in takings are complex, fact-specific issues. They warrant more than the short discussion that we will be limited to today. The issue deserves full legislative hearings, which our legislation will, of course, provide for in the Committee on the Judiciary.
We want to all work on this constitutional issue. It is sensitive. We cannot go over the top on this. We have got to keep it down.
I am tired of corporations wiping out communities because they need a plant or casinos developed and taken under eminent domain. We need to rein this in, and this case gives us an opportunity to do so.
I am shocked that I am standing in the well here reciting the members that signed the dissent: Scalia, Rehnquist, Thomas and O'Connor. What an evening this has been for those of us here in the House.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Nadler), the ranking member on the Subcommittee on the Constitution.
Mr. Speaker, I yield myself such time as I may consume to thank the Supreme Court for bringing us all together here in the House tonight. It is very unusual.
Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Frank), an active member for many years on the Committee on the Judiciary who is now on leave.
Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 340) expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court…
Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 340) expressing the grave disapproval of the House of Representatives regarding the majority opinion of the Supreme Court in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H. Res. 340.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H. Res. 340, a resolution introduced by the gentleman from Georgia (Mr. Gingrey) strongly condemning the Supreme Court's 5-4 decision in Kelo v. City of New London. In this case, handed down on June 23, the Supreme Court transformed the public use doctrine under the fifth amendment's takings clause to allow the government to take property for economic development.
The fifth amendment of the U.S. Constitution specifically provides that private property shall not be taken for public use without just compensation. This decision insults the constitutional rights of all Americans and unsettles decades of judicial precedent.
As the dissent in this case pointed out, under the majority's opinion, ``Any property may now be taken for the benefit of another private party. The government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.''
To give legislative force to this resolution, today I introduced H.R. 3135, the Private Property Rights Protection Act of 2005. This bipartisan bill will help restore the property rights of all Americans that the Supreme Court took away last week. I am pleased that the gentleman from Michigan (Mr. Conyers), the ranking member of the Committee on the Judiciary, is the lead Democratic cosponsor and that 64 additional Members have already agreed to support this measure.
This legislation would prevent the Federal Government from using economic development as a justification for taking privately owned property. It would also prohibit any State or municipality from doing so whenever Federal funds are involved with the project for which eminent domain authority is exercised. American taxpayers should not be forced to contribute in any way to the abuse of government power.
The impact of this decision cuts across social, economic and demographic lines. In their joint amicus brief, the NAACP and the AARP stated, ``The takings that result from the Court's decision will disproportionately affect and harm the economically disadvantaged and, in particular, the racial and ethnic minorities and the elderly.''
In its brief, the American Farm Bureau Federation stated, ``Each of our members is threatened by the decision with the loss of productive farm and ranch land, solely to allow someone else to put it to a different private use.''
The representatives of religious organizations have stated that the Supreme Court's decision will ``grant municipalities a special license to invade the autonomy of and take the property of religious institutions.''
Mr. Speaker, I commend the gentleman from Georgia (Mr. Gingrey) for introducing this important resolution and encourage my colleagues to support it. I also ask Members to join me in cosponsoring H.R. 3135 to assure the American people that we will not allow our churches, our homes, our farms and other private property to be bulldozed in abusive land grabs that solely benefit private individuals whose only claim to that land is that their greater wealth will increase tax revenues.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Gingrey), the author of the resolution.
(Mr. GINGREY asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 10 seconds to the gentleman from Texas (Mr. DeLay), the distinguished majority leader.
Mr. Chairman, I demand a recorded vote. Mr. Chairman, if I understood the chronology correctly, the gentleman from California (Mr. Lewis) was pointing out that there were Reagan administration…
Mr. Chairman, I demand a recorded vote.
Mr. Chairman, if I understood the chronology correctly, the gentleman from California (Mr. Lewis) was pointing out that there were Reagan administration witnesses, of which people had similar complaints. And I would stipulate to that. But this is not a question of just one administration or another. It is a disturbing failure of this House to carry out its constitutional responsibilities for independence.
I yield to the gentleman from California.
Reclaiming my time, first of all, the gentleman from California (Mr. Lewis) got here and I do not think most people understood that he was talking about the Reagan administration. He talked somewhat vaguely about a previous administration, as if we were somehow being partisan, and he cited the Reagan administration did the same thing.
Then he follows that up with this outrageous comment that we were supporting the Sandinistas and they were supporting freedom. If that is the gentleman's example of how not to be partisan, than I do not think the gentleman is going to be finding many people follow his example.
The problem we have here is a failure of this House to fulfill its constitutional responsibilities.
You say, oh, nobody was trying to be dishonest. Have people forgotten so soon the prescription drug issue? When the Department of Health and Human Services responsible officials refused to let one of their officials tell the truth, threatened their officials with retaliation, that was not an honest error. That was a deliberate pattern of suppression.
I mean, what we have here is a degree of submissiveness on the part of the Republican majority and the executive branch that I believe is unprecedented in American history.
You want an example of it? I believe the Republican membership has over the years become more afraid of its own leadership than of anything else, including terrorism. And you want the proof?
We had a very prolonged rollcall yesterday which had to be interrupted because we had a potential terrorist problem. The rollcall that was extended, because we had to evacuate and deal with the terrorist threat, took a lot less time than the rollcall that you used to pass the prescription drug bill. You were more afraid on your side of retribution from your leadership if you did not get that bill passed than you were of a terrorist threat.
I remember when the Clinton administration was new and the Democrats were in power. I served on the Committee on the Judiciary that had a very tough oversight hearing on Waco, called Janet Reno up and was very tough on her. I served on the Committee on Banking that had hearings on Whitewater.
Oversight has disappeared; and when we do have conscious and deliberate lies and we know the Health and Human Services misrepresented the cost of the prescription drug bill, they knew one thing and they threatened with retribution somebody who might have told the truth, and there was not any complaint from the Republican side.
As to the veterans budget, I do not think it is accidental that the underestimate came. It was not an overestimate, and it was not just an arithmetic error. There were people saying you do not have enough, you do not have enough. We remember. The gentleman from Wisconsin reminded me when the veterans affairs people sent out a notice telling their own people not to try to do outreach, do not bring us more people, and the gentleman from New York said it is going to be fixed. Well, at the cause of some disruption. Having the heads of the Department have to
stop and say, well, we will take some capital funds, that is not a useful way to run things.
So there has been a deliberate pattern here of a failure to oversee, and that is what the gentleman from Wisconsin's amendment seeks to remedy.
Mr. Speaker, I thank the gentleman for his generosity in yielding me this time. Mr. Speaker, the Constitution of the United States was written as much for any other reason as to protect the private…
Mr. Speaker, I thank the gentleman for his generosity in yielding me this time.
Mr. Speaker, the Constitution of the United States was written as much for any other reason as to protect the private property rights of the American people. The Supreme Court last week, in the already infamous Kelo case, essentially rejected the very idea of private property rights at all.
I know some believe that the Supreme Court is some Citadel with all knowledge and all wisdom and that every decision they make is the right decision. But by this narrow 5-4 decision, our high court essentially set aside the most basic fundamental tenet of the social contract that underlies self-government, the inviolability of private property rights; the unchangeable principle of politics, morality, and common sense; that what is mine is mine, and what is yours is yours.
What the court decided last week was that what is mine is not really mine and what is yours is not really yours; that, in fact, private property only exists as a political expedient, a psychological contrivance wholly subject to the government's whim. The court ruled that private property, your home or your small business, may be taken by the government and given to someone else who, in the government's judgment, will put that property to better use.
This is not the taking of someone's property without compensation for specific public use, like a highway or a military base. Congress and States are explicitly granted such power in the Constitution. This is, instead, the government taking your home and giving it to some business because they will generate more tax revenue. Indeed, given the risible logic employed by the court's majority last week, there is no reason your city council cannot kick you out of your house and give it to a wealthier family who will add on to the home and, therefore, pay higher property taxes down the road.
Mr. Speaker, I am not a lawyer, so do not just take my word for it. Justice O'Connor, writing in dissent of this awful decision said: ``If predicted, or even guaranteed, positive side effects are enough to render transfer from one private party to another constitutional, then the words ``for public use'' in the Constitution do not realistically exclude any takings.'' Justice Thomas adds, ``If such economic development takings are for public use, any taking is, and the court has erased the Public Use Clause for our constitution.''
Both Justices O'Connor and Thomas went on to warn the result of this foolhardy decision would be that people most vulnerable to the government preying on their property would be the poor, the elderly, and racial minorities. No kidding. Those people with the least economic and political power, with the least means to fight back, and the most need for government protection of their God-given rights have been told by the Supreme Court that while property rights are sacred, some people's property rights are more sacred than others.
This is madness, Mr. Speaker, and it must not stand. The court's Kelo decision will go down in history as a travesty. It is not a debatable ideological overreach but a universally deplorable assault of the rights of man. The only bright lining to it is that this time the court may have finally gone too far and the American people will reassert their constitutional authority.
We can only hope, Mr. Speaker, that this resolution will be the first step in a long overdue process of constitutional renewal. Begin that process and vote ``yes'' on this resolution.
Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I rise to prohibit the sale of an American oil company to the Chinese National Offshore Oil Corporation,…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
I rise to prohibit the sale of an American oil company to the Chinese National Offshore Oil Corporation, recommending in this bill that Treasury not be allowed to make a favorable recommendation that our ninth largest oil company should be sold to the Chinese.
Some people say, why is the gentlewoman from Michigan interested in this amendment? We are interested because we believe that Americans ought to be able to have and hold and own American companies. Did my colleagues know that 53 percent of the privately held debt of this country is held by private investors, private countries? Japan being first, China being second. This is not the time to now sell our ninth largest oil refinery to a Chinese company.
Our trade deficit with China is $160 billion. We buy $160 billion more from China that they buy from the United States. This is not the time, if there ever is. Our national security, which is what the CFIUS committee will look at, that is the Committee on Federal Investments in the United States chaired by Secretary of the Treasury Snow, also on that panel is the Defense Secretary as well as the Secretary of State; we believe that this is not right for our country, it is not right for our economic security.
We must also look at, and CFIUS right now only looks at national security, and probably that ought to be amended. CFIUS was established in 1988, a 12-member committee. They should probably also look at economic security, and we are looking at offering an amendment to amend that legislation as well.
China is an economic and military power. They are one of our largest competitors. In my own district, General Motors put $2 billion into China last year and just 2 months ago said that they closed 30 plants, they closed 30 General Motors plants in America and laid off thousands of workers.
Should we work with China? Yes, we should. Should we turn over our government business to China? No, we should not. This amendment that I am offering would not allow the Treasury Department to issue a favorable recommendation to the President of a China company, Chinese National Offshore Oil, to sell our own, very own Unocal company.
So I am hoping that as we go through this debate and as we come to talk about this issue, we take care of Americans first.
I was just in a meeting this morning where we talked about the loss of our American jobs. We hope, Mr. Chairman, that as we have this debate, we will continue and make sure that we maintain American ownership of American corporations. Fifty-three percent of the privately held debt in America today, the bulk of it is held by Japan first, as I mentioned, and also then China. Intellectual property rights, the Chinese have no respect for our intellectual property rights. In the auto industry right now, China also abuses our parts and uses our technology.
So, Mr. Chairman, I am asking that this amendment be accepted by our entire body, that we make sure that American companies stay in America, and that we continue to employ, that we continue to train and educate our children so that your grandchildren and mine will have an America that is strong.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield the balance of my time to the gentlewoman from California (Ms. Pelosi).
Bill Text
2 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 340 Engrossed in House (EH)]
In the House of Representatives, U.S.,
June 30, 2005.
Whereas the takings clause of the fifth amendment states ``nor shall private
property be taken for public use, without just compensation'';
Whereas upon adoption, the 14th amendment extended the application of the fifth
amendment to each and every State and local government;
Whereas the takings clause of the 5th amendment has historically been
interpreted and applied by the Supreme Court to be conditioned upon the
necessity that Government assumption of private property through eminent
domain must be for the public use and requires just compensation;
Whereas the opinion of the majority in Kelo et al. v. City of New London et al.
renders the public use provision in the Takings Clause of the fifth
amendment without meaning;
Whereas the opinion of the majority in Kelo et al. v. City of New London et al.
justifies the forfeiture of a person's private property through eminent
domain for the sole benefit of another private person;
Whereas the dissenting opinion upholds the historical interpretation of the
takings clause and affirms that ``the public use requirement imposes a
more basic limitation upon government, circumscribing the very scope of
the eminent domain power: Government may compel an individual to forfeit
her property for the public's use, but not for the benefit of another
private person'';
Whereas the dissenting opinion in Kelo et al. v. City of New London et al. holds
that the ``standard this Court has adopted for the Public Use Clause is
therefore deeply perverse'' and the beneficiaries of this decision are
``likely to be those citizens with disproportionate influence and power
in the political process, including large corporations and development
firms'' and ``the government now has license to transfer property from
those with fewer resources to those with more''; and
Whereas all levels of government have a Constitutional responsibility and a
moral obligation to always defend the property rights of individuals and
to only execute its power of eminent domain for the good of public use
and contingent upon the just compensation to the individual property
owner: Now, therefore, be it
Resolved, That--
(1) the House of Representatives--
(A) disagrees with the majority opinion in Kelo et al. v.
City of New London et al. and its holdings that effectively
negate the public use requirement of the takings clause; and
(B) agrees with the dissenting opinion in Kelo et al. v.
City of New London et al. in its upholding of the historical
interpretation of the takings clause and its deference to the
rights of individuals and their property; and
(2) it is the sense of the House of Representatives that--
(A) State and local governments should only execute the
power of eminent domain for those purposes that serve the public
good in accordance with the fifth amendment;
(B) State and local governments must always justly
compensate those individuals whose property is assumed through
eminent domain in accordance with the fifth amendment;
(C) any execution of eminent domain by State and local
government that does not comply with subparagraphs (A) and (B)
constitutes an abuse of government power and an usurpation of
the individual property rights as defined in the fifth
amendment;
(D) eminent domain should never be used to advantage one
private party over another;
(E) no State nor local government should construe the
holdings of Kelo et al. v. City of New London et al. as
justification to abuse the power of eminent domain; and
(F) Congress maintains the prerogative and reserves the
right to address through legislation any abuses of eminent
domain by State and local government in light of the ruling in
Kelo et al. v. City of New London et al.
Attest:
Clerk.