Floor Statements

Mr. Speaker, I rise today in support of H. Con. Res. 288, a resolution commemorating the 30th anniversary of the legislation that led to the Individuals with Disabilities Education Act, IDEA.

On November 29, 1975, the Education for All Handicapped Children Act was signed into law. Enactment of that legislation was a historic achievement, ensuring for the first time access to education for children with disabilities, regardless of the nature or severity of their disability. Today, IDEA continues to provide for a free appropriate public education for children with disabilities in the least restrictive environment--in other words, it ensures educational opportunities for children with special needs.

The expansion of IDEA to cover preschool aged children through a grant program and to cover infants and toddlers through an early intervention program has enabled the program to reach many more students--currently IDEA serves an estimated 269,000 infants and toddlers, 679,000 preschoolers, and 6,000,000 children aged 6 to 21. Because these services are being delivered near their homes, IDEA has helped to dramatically reduce the number of children with developmental disabilities who must live in State institutions away from their families.

The success of IDEA has been overwhelming. Under IDEA, the number of children with disabilities who receive a high school diploma has increased significantly and the number of children who enroll in college has more than tripled. By promoting partnerships, between parents and educators in the design and implementation of special education and related :services for children with disabilities, IDEA helps these children to reach their full potential and prepares those children for employment or further education beyond high school.

As we recognize the 30th anniversary of IDEA today and reaffirm our support for the legislation, I must note that the Federal Government is still falling far short of its commitment to fully fund IDEA at 40 percent of the average per pupil expenditure. We are currently providing funding at only 18.6 percent, less than half of what we promised. While the teachers and students working under the auspices of IDEA have been able to accomplish many great things, we should think about all that is not being done, the students who are not reaching their full potential and the teachers who cannot do all that they want or need to do with their students, because IDEA is not being fully funded.

We must live up to our commitment and fully fund IDEA, so that it can truly live up to its potential and so that students with disabilities can live up to their potential.

Mr. Speaker, I rise today in strong support of the Gynecological Resolution for Advancement of Ovarian Cancer Education. Ovarian cancer, the deadliest of the gynecological cancers, is the fourth leading cause of cancer death among women in the U.S. About 25,000 women are diagnosed with ovarian cancer in the U.S. each year, and about 16,000 women die of ovarian cancer each year.

Early detection is the key to successful treatment of gynecologic cancers. The 5-year survival rates for the most common gynecologic cancers are 90 percent when diagnosed early, but drop to 50 percent or less for cancer diagnosed in later stages. However, the disease is difficult to detect in its early stages. Only about 29 percent of ovarian cancers are found before tumor growth spreads to tissues and organs beyond the ovaries.

Gynecologic cancers such as ovarian and endometrial cancer do not yet have a reliable screening test that can be used for the general population. Moreover, most women are still unaware of risk factors and the early symptoms of gynecologic cancers.

Women of color have worse outcomes in regard to ovarian cancer and other gynecological cancers. Better education and awareness, more funding for

research, and addressing systemic problems within the health care system are essential to consider. Reducing cancer in minority and underserved populations is facilitated by the . mobilization of professional and lay leaders in the community to address the specific cancer needs of that community as well as through coalition building among health-related, academic, and community organizations.

Mr. Speaker, I rise today to honor the memory of one of our nation's greatest minds. Last week, the scientific world and the nanotechnology community in particular lost a giant. Dr. Richard Smalley, the Nobel Prize-winning nanotechnology researcher, died after a long battle with cancer at age 62. Professor Smalley shared the Nobel Prize for Chemistry in 1996 for discovering the C60 molecule, a soccer ball-shaped form of carbon called buckminsterfullerene.

A professor in the physics and chemistry departments at Rice University, he was the founding director of the Center for Nanoscale Science and Technology at Rice and was director of the Carbon Nanotechnology Laboratory.

It is hard to overstate the role Dr. Smalley played in founding and fostering the development of nanotechnology, one of the most important and exciting new areas of scientific inquiry to arise in the past quarter century. The discovery of fullerenes is one of the earliest and most influential discoveries in the development of nanotechnology. Dr. James Heath, one of his former graduate students on the buckyball discovery who has become a leading nanotechnology researcher himself, described Dr. Smalley as ``a Moses for the field. Without a Moses, there's no trip to the promised land.''

Dr. Smalley was a key player in the development of the United States' National Nanotechnology Initiative, launched in 2000. His testimony on Capitol Hill, where he spoke about the promise of nanotechnology for treating cancer and other diseases even as he battled the disease himself, made a deep impression on policymakers.

In recent years, Dr. Smalley was an ardent supporter of commercial development of nanotechnology, helping to found Carbon Nanotechnologies Inc. to make sure his discoveries made it to the marketplace where they could benefit society. He was also a scientific adviser to biotech startup C Sixty, which is investigating the use of fullerenes for biopharmaceutical applications.

In 2002, Dr. Smalley embarked upon a crusade to promote the use of nanotechnology to solve what he described as the No. 1 problem facing humanity in the 21st century--the need for cheap, clean energy. Smalley crisscrossed the country, gave dozens of keynote addresses, testified before Congress and met with countless government, academic and industrial leaders. Some of his friends and colleagues have said that they thought he fought so hard against his disease so that he could one day see nanotechnology deliver the societal benefits in clean energy that he so passionately believed in.

Citizens of the world were fortunate to have Rick Smalley, and will certainly benefit from his discoveries. We owe it to him to continue his efforts to use nanotechnology to solve the need for cheap, clean energy. As ranking member of the Science Committee's Energy Subcommittee, I intend to do what I can to honor Dr. Smalley's memory and continue his good work.

Mr. Speaker, on Tuesday, October 25, 2005, I was unavoidably detained and missed rollcall votes on that day.

Had I been present I would have voted the following: ``yea'' on rollcall vote number 536, the American Spirit Fraud Prevention Act, and ``yea'' on rollcall vote number 537, Recognizing the 40th anniversary of the White House Fellows Program.

Mr. Speaker, this week, the U.S. Department of Defense acknowledged that the number of U.S. military deaths in Iraq has reached 2,000. Sadly, Californians represented the majority of these deaths, with 215 falling victim in the conflict. I, along with all other Americans, mourn the loss of these brave American patriots and insist that we all continue to support those courageous men and women who bear the burden of this military action in Iraq.

As we pause to remember the 2,000 patriots who gave their lives and console the families they left behind, we must demand that the remainder of our troops begin their journey home. This unfounded war began with the false belief that Iraq was in possession of weapons of mass destruction and has continued under a shortsighted and flawed military strategy. While the Administration chooses to ``stay the course'' and insists that there is significant progress in Iraq, the insurgency continues unabated and too many of our soldiers are returning to their families as only a memory. Others return with emotional and physical wounds that may never heal.

Let this week's grim milestone not slip away without a renewed demand that the President provide to the American public, as well as the U.S. soldiers in Iraq, a clear strategy for success. Only through the creation of a coherent and realistic plan can this Administration begin to stem the loss of American life.

Mr. Speaker, I rise today in strong support of the millions of Americans whose lives have been touched by domestic violence. October is National Domestic Violence Awareness Month, and we must continue to raise awareness and address the problem of violence that still affects so many American families. One out of every four American women will experience violence by an intimate partner at some point in her life, and one out of every six women will be raped during her lifetime. Domestic violence crosses ethnic, racial, age, national origin, sexual orientation, religious, and socio-economic lines. Although great strides have been made toward breaking the cycle of violence, much work remains to be done.

During the past decade, the Violence Against Women Act (VAWA) of 1994 and 2000 have provided tremendous protections and support for victims of domestic violence and sexual assault. VAWA funding has provided law enforcement agencies, the judicial system, rape crisis centers, and domestic violence shelters with the expertise and services they need to do the work of prevention and protection of those affected by violence. Both the House and the Senate have passed bills reauthorizing VAWA, which will provide important prevention initiatives that have the potential to keep millions of women and children safe.

As both chambers meet to work out differences in the respective pieces of legislation, I encourage the Committee to retain the Senate provision that addresses the needs of girls in the juvenile justice system and correct flaws in the bills, such as improving the immigrant provisions and restoring the funding stream for communities of color, including key health, housing, and economic security provisions.

I am particularly concerned about violence against women of color. In Santa Clara County, of the women killed in domestic-violence related homicides between 1993 and 1997, 7 percent were African Americans, 31 percent were Asian Americans/Pacific Islanders, 22 percent were Hispanic/Latino, and 35 percent were White. Asian American and Pacific Islander women had the highest rates of domestic-violence related homicides when compared to their proportion of the population. The Congressional Hispanic, Black and Asian Pacific American Caucuses (``Congressional Tri-Caucus'') continue to work together to address issues that disproportionately affect people of color. Last month, the National Organization of Sisters of Color Ending Sexual Assault, in collaboration with the Congressional Tri-Caucus, held an educational briefing about the needs of victims of color and the importance of culturally-specific messaging that ultimately provides a more comprehensive response to addressing domestic violence, sexual assault, stalking, and dating violence in racial and ethnic communities.

The needs of immigrant women are also important to consider. Although VAWA 1994 and 2000 made significant progress in reducing violence against immigrant women, many women and children who are victims of domestic violence, sexual assault, child abuse, or trafficking are still being deported. Others remain economically trapped by abusers or traffickers in life-threatening environments. I am a co-sponsor of H.R. 3188, the Immigration Victims of Violence Protection Act, which would stop the deportation of immigrant victims of violence, extend immigration relief to all victims of family violence, and guarantee economic security for immigrant victims and their children.

Domestic violence is not solely a woman's issue--it is also a health, social, economic, and criminal justice issue, and must be addressed on multiple levels. We must all do our part to prevent and address violence in our homes, in our communities, and in our society in order to build a safe and healthy nation.

Mr. Chairman, I rise in opposition to H.R. 420, a measure that purports to reduce frivolous lawsuits. While no one likes to see unnecessary, merit-less lawsuits clogging our court system, this bill only serves as an unneeded intrusion of Federal authority into State matters.

H.R. 420 substantially changes State court procedure by forcing State judges, within 30 days of a case being filed, to conduct an extensive and lengthy pre-trial hearing to determine whether Federal sanctions must be imposed in a State proceeding. This would require a judge to examine evidence in detail and even to make a pre-trial judgment as to what the outcome of a case might be. These requirements will only serve to add time and expense to the proceedings. Federal judges overwhelmingly agree that the Federal court rules operate more efficiently and fairly when they are discretionary rather than mandatory.

Mr. Chairman, States already have some version of the rule that is exactly or substantially similar to the federally available sanction. State courts should not be forced to spend scarce taxpayer money to conduct an expensive hearing in order to apply a Federal rule that mirrors a mechanism they already have in place.

Mr. Speaker, I rise today to pay tribute to Irma Edna Henry, who is celebrating her 100th birthday. Irma has been a joy to the community and has profoundly impacted the lives of her friends, family, and neighbors.

Irma Edna Henry was born to Bertha and Frank Daniels on November 7, 1905 in Pittsburgh, Pennsylvania and has lived in Coraopolis, Pennsylvania for most of her life. Growing up with three sisters and two brothers, Irma has always greatly valued family life. At the age of sixteen, Irma began working for

the phone company, a job which she maintained intermittently after her marriage to Ralph Dewitt Henry on August 22, 1927. During the 1950s, Ralph, an employee at Gulf Oil, was transferred to Texas, where Irma became a nursing assistant at a local hospital. She then started a career at the county office in Pittsburgh, where she worked for several years until her retirement. Wherever she worked, Irma was well known for her extraordinary work ethic.

As much as she enjoyed each of her jobs, Irma has always treasured staying at home with her family. Irma and Ralph raised three sons, Ralph Jr., Herman, and Kenneth, and gained three daughters-in-law, Justina, Phyllis, and Arlene. Irma's husband Ralph passed away on December 8, 1984 at the age of eighty-six; however, Irma enjoys the company of her seven grandchildren and eleven great-grandchildren.

Throughout her life, Irma has been an active member of the community and of the Democratic Party. She was elected committee woman for the Fourth Ward of Coraopolis, Pennsylvania and has always enjoyed advocating for others. Today, Irma is still very active and lives independently in her own apartment. She attends church services at her high-rise apartment and listens to country, western, and gospel music, enjoying the music of Daniel O'Donnell in particular. Irma is also a fan of Jeopardy, never missing an episode, and often spends her afternoons drinking coffee with her friends. Friends and neighbors appreciate her hospitality and her delicious cooking, always considering a meal at her home to be a special treat.

Mr. Speaker, I rise today to honor an outstanding member of the community. Irma Henry's great dedication to her friends and neighbors and her love of assisting others have inspired those around her to serve the community as much as Irma has done. Irma has touched the lives of many, and all those who know her feel privileged for having had the opportunity to meet such a remarkable woman.

Mr. Speaker, yesterday we lost one of the truly great figures in American history, Rosa Parks. I rise to honor the life of the Civil Rights icon known for her strong and quite courage. Ms. Parks was a seamstress at the Montgomery Fair department store in Montgomery, Alabama. It was her refusal to surrender a bus seat to a white man that launched the modern civil rights movement 50 years ago and inspired generations of activists.

During the 1950's, this nation was at a turning point in the area of race relations. Looking back, the Civil Rights movement had been building up, but a special moment, a spark, was needed to wake the national conscious. Rosa Parks stand provided that spark, and later became known as the ``mother of the civil rights movement''.

The arrest of Rosa Parks inspired a young Reverend Martin Luther King Jr. to organize the famous Montgomery bus boycott. The 381 day Montgomery Bus Boycott, became one of the largest and most successful challenges of segregation, which drew more attention towards the civil rights movement.

Ms. Parks dedicated her life towards achieving equality and freedom for all, serving as secretary of the NAACP and later the Adviser to the NAACP Youth Council, helping African Americans pass special tests which would allow them to register to vote. Mrs. Parks continued on her journey for racial equality when she tried to register to vote on several unsuccessful attempts.

Over the years, Rosa Parks dedicated her time to educating her fellow Americans on the history of the civil rights struggle. In 1987, with the help of Elaine Eason Steele, Parks founded the Rosa and Raymond Parks Institute for Self-Improvement, a youth assistance organization in Detroit. The program takes young people on an educational tour that visits sites of importance in the civil rights movement.

Because of the dedication Rosa Parks showed in the struggle for racial equality, her work has been recognized in receiving innumerable honors, including the Martin Luther King Jr. Nonviolent Peace Prize Award, the Martin Luther King Jr. Leadership Award, the Eleanor Roosevelt Women of Courage Award, Medal of Honor, the highest award that the U.S. government bestows, and the Presidential Medal of Freedom, the nation's highest civilian award.

Mr. Speaker, Rosa Parks continued her commitment to civil rights until her death. She will always be known as a person who was immensely concerned about equality, freedom, prosperity justice for all and she will be dearly missed.

Mr. Speaker, I rise today to express my concern over S. 397, the Protection of Lawful Commerce in Arms Act. The safe and lawful use of firearms is very important to me. When I was in the California State Assembly, I chaired the Public Safety Committee where I worked to pass sensible gun safety legislation and I have voted to ban assault weapons. I firmly believe we must pass sensible gun laws for the safety of all.

The measure on the House floor today is intended to protect a manufacturer or seller of a firearm, from any legal liability stemming from the criminal or unlawful misuse of that firearm. The legislation also requires the immediate dismissal of pending lawsuits, even cases in which a court has found the suit to be meritorious. I fear this bill will deny justice to innocent victims of gun violence, and therefore I will oppose it.

In recent years, dozens of individuals and municipalities have filed lawsuits against gun manufacturers for damages caused by gun violence. Such suits typically contend that gun makers knowingly provide weapons to irresponsible gun dealers, who then take advantage of gun sale loopholes to sell weapons to criminals. Some of these lawsuits by victims of gun violence have begun to expose how the gun industry's reckless, though not always technically criminal, sales tactics supply criminals with weapons.

The gun lobby argues that S. 397 prohibits ``frivolous'' lawsuits, while allowing ``legitimate'' cases to proceed through the legal system. However, many legal experts confirm that this bill would give the gun industry sweeping immunity that no other industry has, and would bar many meritorious cases brought by victims of gun violence injured or killed by negligent gun sellers and manufacturers. The bill would even restrict many cases in which a product defect is at issue.

S. 397 seeks to provide sweeping legal immunity to an industry that already enjoys exemptions from Federal health and safety regulations. It would dramatically re-write liability law for the direct benefit of a single industry.

Furthermore, lawsuits brought on behalf of officers injured or killed in the line of duty by guns negligently sold by dealers, would be barred. If immunity for the gun industry is enacted, police officers who put their lives on the line every day to protect the public would have no legal recourse when they are harmed due to another's negligence.

Mr. Speaker, we should not be providing this blanket immunity to the gun industry and I therefore oppose this measure.

Mr. Speaker, I ask unanimous consent to have the name of my colleague from Arizona (Mr. Franks) removed as a cosponsor of H.R. 551. His name was added in error.

Mr. Chairman, I rise today to express my concern that we are again dealing with a notion that there is a crisis in our courts with obesity lawsuits. H.R. 554, the so-called ``Personal Responsibility in Food Consumption Act'' is a measure that seeks to give federal immunity to food manufacturers, sellers, and advertisers for obesity-related claims. The reality is there is only one such pending suit in the entire country, so I am hard pressed to see why we need to take up this measure today, especially since there are so many other important issues we need to address.

I do not think it is the role of the United States Congress to intervene in every individual and private issue in America. Our Nation is plagued by childhood obesity and heart disease, and we should be looking into real solutions to this problem, we should not be focusing our efforts on getting rid of one lawsuit currently pending against a fast food outlet.

Furthermore, the language in H.R. 554 is so broad it would cut off legitimate claims against the food industry, even where the industry acted to deceive the public and even where it violated State or Federal law. For instance, those in the food industry who fraudulently or deceptively market or sell low-fat products that are not really low-fat should be held accountable but this measure would let them off the hook. Lawsuits aimed at unscrupulous tactics help to change the behavior of the bad actors in the industry we should allow our legal system to process these legitimate cases.

Mr. Chairman, our legal system has multiple procedural safeguards to ensure that frivolous litigation is thrown out and that meritorious claims are preserved. That is why I oppose H.R. 554.

Mr. Speaker, I rise to honor the life and contributions of Ms. Andrea Leiderman who recently passed away. Andrea is survived by her parents and siblings, and her loving husband, Hayes Alexander, III. She will be sorely missed by her many friends and our community. Today, I honor her energy, her determination and her life-long service to the Bay Area community.

Andrea Naomi Leiderman was born on August 8, 1959 in Boston, Massachusetts, to Drs. Herbert and Gloria Leiderman. The family moved west when Andrea, the youngest of four children, was four years old. Andrea grew up on the Stanford campus where her father is a professor emeritus, and has always been politically active. As a child, she organized a school grape boycott in support of the United Farm Workers; as an adult, she worked on the presidential campaigns of George McGovern, Jimmy Carter and Alan Cranston.

Andrea attended Vassar College, majoring in political science. After college, she worked as a legislative assistant to former New York Representative Matt McHugh and, later, as the LBJ Congressional Fellow to former California Representative Norman Mineta, currently U.S. Secretary of Transportation. Andrea also served as an aide to County Supervisor Jim Beall during his tenure on the San Jose City Council.

Andrea was only 28 years old when she was elected as chairwoman of the Santa Clara County Democratic Party. She was also elected as chair of the Women's Caucus, and received the highest number of votes in delegate elections.

Andrea served on the Santa Clara County Board of Education, including two terms as President of the Board in 1995 and 2000. Andrea spearheaded school board policy on neighborhood outreach while advocating workforce education and emphasizing assistance to underrepresented students. She was also a valued trustee of the Foothill-DeAnza Community College District.

Most recently, Andrea was Director of Government and Community Relations for Kaiser Permanente's South Bay facilities, using her experience in the public sector to promote healthcare. She was a dedicated and committed worker until the end.

Andrea Leiderman died at the very young age of 46, on September 11, 2005. When she passed away, our community lost one of its most dynamic community activists--an advocate of minority rights, social justice, education and equality.

Mr. Speaker, I rise today to honor two very special people, Victor and Mae LoBue, who are celebrating seventy-five years of marriage on September 10, 2005.

Victor LoBue and Mae DiSalvo were both born in 1910 in San Jose, in a neighborhood of Italian-American immigrants called ``Little

Orchard'' near the Sacred Heart Church. Both of their families were in the ranching and canning business. Vic and Mae each have three siblings, who all reside in San Jose, and Mae survives her late sister, Dolly.

Vic and Mae have been close since childhood when they met in elementary school. The nuns at school were constantly busy trying to interfere in the couple's endless chase, but to no avail! Vic would chase Mae, and when stopped, Mae would in turn chase Vic.

The couple married on September 10, 1930, at Sacred Heart Church in San Jose when Vic was twenty and Mae was nineteen. They settled into a home on Willow Street, near their cherry orchards, where Vic worked in the family business.

In 1966, when Vic became a partner in the Indian Wells Country Club, home of the ``Bob Hope Classic Golf Tournament'', Vic and Mae moved to Southern California. The couple has homes in Carmel Valley Ranch Country Club and Indian Wells Country Club. They have also maintained a long-time membership to The Thunderbird Club in Rancho Mirage.

Vic and Mae have one child, Victor, Jr. Victor, Jr. and his wife, Jeannie, lived in Gilroy for many years but moved to Indian Wells, California in 1990.

Vic has generously contributed to the Boys and Girls Clubs of San Jose throughout his life. He, along with his brother, Salvador, donated a room at Santa Clara University. Vic was an active member of the Jaycees, the San Jose Chamber of Commerce and the Santa Clara County Horseman's Association. He was also a member of the Sheriff's Posse.

Today, Vic and Mae divide their time between San Jose and Southern California. They have lived a long, healthy and happy life.

Congratulations to Vic and Mae LoBue on the occasion of their seventy-fifth wedding anniversary. Their marriage is a testament to happiness, commitment and fulfillment: What began as a childhood game of chase has become a lifetime of love.

Mr. Speaker, I rise today to celebrate the anniversary of the Republic of China's (Taiwan) Independence Day, a day commonly referred to as Double 10 Day. Double 10 Day celebrates the start of the Wuchang Uprising on October 10, 1911, which led to the collapse of the Qing dynasty. It is therefore also known in Chinese as National Celebration Day. I am proud to join with the people of Taiwan and their leader President Chen Shui-bian in commemorating the Chinese people's struggle for independence.

Double 10 Day offers those of us in Congress an opportunity to recognize Taiwan's friendship and unwavering alliance with the United States. This strong alliance is predicated in part on shared values. In fact, Taiwan has nurtured a stable democracy and vibrant economy that encourages the entrepreneurial spirit. Taiwan has also become a model society. It has excellent schools, outstanding medical care, a strong economy, and many of its people enjoy one of the highest standards of living. Taiwan's social welfare programs have been making laudable efforts to raise the standard of living for all.

Mr. Speaker, I would also take this opportunity to praise the good work of Taiwan Representative David Tawei Lee. He is a fine diplomat who has kept those of us in Congress well informed and well briefed on all of the latest developments in Taiwan.

Again, congratulations to the people of Taiwan on their Independence Day and I wish the 23 million people of Taiwan continued progress and prosperity.