Floor Statements

Mr. Speaker, as Chair of the California Democratic delegation, I rise along with Speaker Pelosi, Chairman Waxman, and my Republican colleagues to honor the heroic services, actions, and sacrifices of our first responders, State and local officials, volunteers, and others who participated in responding to last week's devastating outbreak of wildfires in Southern California.

This was the worst outbreak of wildfires in California history. Over 500,000 acres burned, nearly 1 million residents evacuated, over 3,000 residential and commercial properties destroyed or damaged, 116 reported injuries, seven reported fatalities.

I have no doubt that the quick and valiant response of our firefighters, police officers, National Guard, and thousands of selfless volunteers saved lives and hundreds of millions of dollars. The State of California owes these brave men and women our gratitude. California and our Nation also owes a debt of gratitude to our neighbors, Canada and Mexico, for volunteering their own firefighters and equipment.

I would also like to commend the cities, counties, and State for showing great leadership and preparedness in dealing with this disaster. Leadership at the local and State government levels allowed for effective coordination with Federal agencies in the allocation of resources and making sure our residents were out of harm's way.

Because of the change in weather pattern, coupled with the extraordinary efforts of firefighters, we are now beginning to contain most of these fires and are closing the evacuation shelters. However, many families are going back to literally ruins of their former homes, lives, and communities.

I ask that all of my colleagues continue to stand with our California neighbors as they begin to rebuild their lives. The fires may be dying down, but the emotional impact and financial hardship faced by these families are only beginning.

With the leadership of Speaker Pelosi, Senators Feinstein and Boxer, and Chairman Dicks, we hope to quickly move an emergency appropriations bill to help the rebuilding process for the families, cities, and counties affected by this devastating wildfire.

This resolution today, cosponsored by every single member of our 53- member-strong bipartisan delegation is, I believe, the first legislative step forward for Congress to meet the needs of California as she recovers from this disaster.

Mr. Speaker, I rise in support of H.R. 3678.

Mr. Speaker, the Internet is one of the main drivers of the United States economy. But we are quickly losing our edge over our global competitors on the Internet. Over the past year, the United States slipped from 12th to 17th in broadband adoption, and average broadband speed in the United States is only 1.9 megabits per second. Now, compare that to 61 megabits per second in Japan. France and Canada also enjoy broadband speeds well beyond ours.

We made a commitment in the Innovation Agenda to reverse this trend and bring affordable broadband access to all Americans. H.R. 3678 furthers that commitment in three very important ways: first and foremost it prevents the moratorium from expiring on November 1. Expiration would be a disaster, leading to hastily imposed taxes that breed confusion and litigation. Even if we fix the problem later, the damage will already have been done. Second, the bill codifies an agreed-upon definition of Internet access that clarifies what services are and are not taxable. Finally, the bill removes ambiguity that some States have tried to exploit to tax the Internet backbone. Eliminating that ambiguity is absolutely essential. We must remove obstacles to investment in the basic infrastructure of the Internet.

As my colleagues and constituents know, I strongly favor a permanent Internet tax moratorium. That is why I'm a cosponsor of my friend Anna Eshoo's bill that would have made the moratorium permanent. That's why I voted for the amendment offered by Mr. Goodlatte in committee to make the moratorium permanent.

But we must take stock of a few basic facts. First, no permanent moratorium will make it through the Senate. Second, the Senate has yet to even vote a bill out of committee. And, third, it is October 16. The moratorium expires in 2 weeks.

Given the state of affairs, I think it is crucial that we act now. We need to send a clear message to our colleagues in the Senate that the hour is late and the time for dithering is long since past. Therefore, I urge my colleagues to join me in supporting this bill.

Madam Speaker, I rise, not only for myself, but also on behalf of Congress Members Anna Eshoo and Mike Honda, to honor Ms. Jane Decker who is retiring after 35 years of dedicated and honorable service in county government.

The County of Santa Clara encompasses what is popularly known as Silicon Valley. While the rest of the nation may speak of ``Googling'' or ``Podcasting'' as tech tools, those of us lucky enough to live there tend to regard the companies who invented those terms as neighbors, employers and members of the community.

Known internationally as the high tech center of the universe, Santa Clara County's people are diverse. In addition to those who are highly successful, the County also encompasses individuals who face challenges from life. It is especially those persons upon whom County government focuses. Jane Decker, in her long service to the County, helped make sure that as the County's people celebrated success, they did not forget those who suffered, whether from poverty, health troubles or tragedies. Jane Decker, with her high degree of professionalism, ethics and knowledge helped craft the strategies that allowed the government of Santa Clara County to meet its challenges successfully.

While Congressman Honda and I served on the County Board of Supervisors, we had the pleasure of working closely with Ms. Decker. We appreciated her outstanding service then. In the roles we three Members of Congress play, each of us can attest to the high degree of intelligence, caring and dedication Ms. Decker has exhibited in her professional life.

Jane Decker joined the County of Santa Clara in 1979 as the Director of Intergovernmental Relations. Because of her demonstrable leadership qualities, she has been promoted several times until her most recent post as Deputy County Executive.

In addition to her professional commitments, Jane Decker is a committed and valued volunteer for several prominent organizations in the County of Santa Clara.

We collectively extend our thanks to Ms. Decker for her years of excellent service and wish her the best upon her retirement and this new phase in her life. She has served the people of Santa Clara County well.

Madam Speaker, I was necessarily absent from the House on July 19, 2007. Had I been present, I would have voted ``nay'' on vote No. 684.

Madam Speaker, I rise to honor the ``National Hispanic University on the occasion of its 25th anniversary.

I have the pleasure of representing one of the most diverse cities in America and in California--San Jose. Along with the rich diversity of the people, culture and traditions in San Jose is a firm commitment to higher education. This commitment stems not only from our mantle of being the ``Capital of Silicon Valley,'' but also from a strong tradition of excellence in collegiate education, as demonstrated through our world renowned University of California and California State University systems.

The National Hispanic University was established in 1981 to serve the needs of Hispanics, women, other minorities and other learners. Although programs through the UC and CSU systems attempted to address the burgeoning numbers of minorities who needed higher education, and many Latinos benefited from these initiatives in the 1970s and 1980s, the gap between Hispanics and others continued to widen.

The National Hispanic University, NHU, was founded after extensive research about the success rate and high quality of education provided by historically black colleges and universities that graduated (and still do today) almost half of the African American professionals in American society. NHU believed that a small private independent college could make a difference in the graduation of Hispanic professionals in education, technology, and business.

Dr. B. Roberto Cruz, the founding President of NHU and its academic visionary for 22 years, paved the pathway of success for NHU. Although he is no longer with us, his spirit and firm commitment is the driving force behind the establishment of the University and his spirit remains today in the halls and classrooms of NHU.

NHU's current president, Dr. David P. Lopez, along with the Board of Trustees and Advisors, are continuing in Dr. Cruz's spirit to ensure that the University remains committed to its standards of excellence and the core values of its foundation that made it the fine institution of higher education it is today.

It is my distinct pleasure to congratulate the National Hispanic University on its 25th anniversary and wish it many more years of continued success.

Madam Speaker, books and movies abound these days about the ``Greatest Generation,'' those men and women who fought and won World War II to save us from fascism. But it is not just the winning of World War II that leads us to admire and be grateful to members of our parents' generation. To know the individual is to understand the generational achievement of greatness.

My father-in-law, Dr. John J. Collins, is a person whose life can so instruct us. Like so many of his generation, John J. Collins was not born to wealth or privilege. Born in Oklahoma in 1917, his family soon moved to California, where his father worked in the oil fields in Coalinga. He was the oldest boy in a big Irish-American family, with several older sisters. And when his father died at an early age, as a boy he was the ``oldest man'' in his household during the Great Depression. Like so many of his generation, he learned habits of frugality and hard work in those early years. These habits have served him and his family well. They are with him to this day.

In the best American spirit, he struggled to go farther than his parents. He was educated at Coalinga Junior College and then worked his way through the University of California at Berkeley, where he received a Bachelor of Arts degree. Like so many others, he enlisted to fight in World War II, joining the U.S. Army before Pearl Harbor, in 1941. In the Army, he became an infantry and artillery officer. He served for years in the Pacific, including taking part in the fighting in Saipan and Okinawa. This was rough combat and many died. Like most of those who I've met who served under such conditions, he prefers not to discuss the details of combat but remembers still those of his colleagues who did not return. He merely served bravely, honorably and saved our country, emerging as a Captain. He is humble about his service. We are honored by it.

After the war, he returned to the San Francisco Bay Area and then moved to Bakersfield where he went to work at Bakersfield High

School. The soldiers came home from the war to make a life for themselves with marriage and children. He was no exception, and he and his wife Patricia were blessed with three children, three grandchildren and one great-grandchild. From Bakersfield High School, he moved on to Bakersfield College. In his early years at the college, he taught sociology and also served as a very successful track and cross-country coach. Always striving to improve himself, he took classes nights and summers while pursuing an education career, and obtained a Master's degree. A counseling credential allowed him to begin serving as a counselor for students. Subsequently, he became first the Director of Student Activities and then the Dean of Students. During this period, he engaged in more evening, weekend, and summer study at UCLA in the Education Department. Ultimately, a doctor's thesis was written and published, and he was awarded a doctorate in education.

In 1965, he was selected as the first President of Moorpark College, a community college in Ventura County. There, he supervised the building of the College's physical plant, planned the curriculum and opening, hired the faculty and administration, and took Moorpark from a plan on paper to a thriving junior college with a variety of innovative educational programs. Later he got the chance to return to Bakersfield College as President and the family moved back to that California community. As President of Bakersfield College for many years, he kept the school in the top rank of community colleges, established an endowment and the B.C. Foundation, and won the respect of the community, his colleagues, and the students. He retired as President of Bakersfield College in 1982. But, with his work ethic, he never has been fully ``retired.'' He served as interim President of Mission Community College in Santa Clara County and then as interim Chancellor for West Valley-Mission Community College District. Throughout this time, he retained the title President Emeritus at Bakersfield College, and has worked as an administrator there most of time since his ``retirement.'' Never one to forget the remembrance and honor due to the past, Dr. Collins has been instrumental in setting up the Bakersfield College Archives. Recognizing his many years of service, several years ago Bakersfield College renamed its student center building as the John J. Collins Student Center.

Along the way, he acquired the skill to make beautiful furniture, and has blessed his family members with many graceful and attractive pieces. At age 90, he continues to work for the Kern Community College District and to be a joy to his friends, family, and community. Dr. John J. Collins, ``Doc'' to his grandchildren, is to me the model of all we admire in his generation. When times were tough, he just worked harder. When his country called in time of war, he bravely answered. When his country needed him, he spent a career giving back to his community as an educator--making sure that young people had a chance to learn and succeed.

As family man, he devoted himself to his wife, his children, his siblings and extended family. He has shown real courage--whether on the battlefields of the South Pacific or when facing and coping with the serious illness of his wife of more than 60 years. He has shown a steadiness of purpose which allowed him to leap to a level of erudition, education and economic stability not dreamed of by his parents or grandparents. Widely admired in his hometown, he is recognized as someone who made a difference.

We Americans owe much to the Greatest Generation. But we also owe to them as individuals our love and gratitude. I feel that greatly today on the occasion of the 90th birthday of Dr. John J. Collins, who it has been my privilege to know as my father-in-law.

Madam Speaker, I rise today to honor Marine Cpl. Carlos Gil Orozco, who died on September 10th while out on patrol in AI-Anbar province.

In 1993, Carlos and his family immigrated to San Joe, California from Colombia, in search of a better life. Carlos graduated from Willow Glen High School, and later decided to join the Marines with the support of his family. Carlos was described by friends as a good American, who will be sorely missed. More than 300 mourners gathered in downtown San Jose this past Monday to attend his memorial service.

On behalf of this Congress and California's 16th Congressional District, I offer Carlos's family our deepest condolences as they cope with this painful loss. We are so thankful for his dedicated service to our country. Our thoughts and prayers are with Carlos's family and friends.

Madam Speaker, I rise to pay tribute to the Cusimano family as they and our community gather this month to celebrate the 50th anniversary of the Cusimano Family Colonial Mortuary.

The Cusimano Family Colonial Mortuary was founded in 1957 by Joseph and Sue Cusimano in Mountain View, California. Joseph and Sue devoted their entire lives to the work of their business, and to the service of their community. For 50 years, Cusimano Family Colonial Mortuary has maintained a family-oriented approach to providing mortuary services to the community--a commitment that has been carried on by their children. In 1980, in recognition of the exemplary professional standards and extensive community involvement, the mortuary was invited to join the distinguished association of Selected Independent Funeral Homes.

Joseph and Sue lived their broad and continuing commitment to the service of their community--ranging from the Mortuary's 50-year sponsorship of the local Babe Ruth Little League team to Joseph's service as the Mayor of Mountain View. The generosity of the Cusimanos also extended beyond our community to others in need, as exemplified by their gift of children's caskets to the victims of the 1995 Oklahoma City tragedy.

Joseph and Sue bequeathed both their business and their sense of responsibility to their children. The Cusimano Family Colonial Mortuary is now managed by Matthew and Sherri, who have maintained the spirit of service and community participation that began with their parents 50 years ago. Madam Speaker, it is my honor to congratulate the Cusimano family as they celebrate this special anniversary.

Madam Speaker, I rise to pay tribute to the Cusimano family as they and our community gather this month to celebrate the 50th anniversary of the Cusimano Family Colonial Mortuary.

The Cusimano Family Colonial Mortuary was founded in 1957 by Joseph and Sue

Cusimano in Mountain View, California, Joseph and Sue devoted their entire lives to the work of their business, and to the service of their community. For 50 years, Cusimano Family Colonial Mortuary has maintained a family-oriented approach to providing mortuary services to the community--a commitment that has been carried on by their children. In 1980, in recognition of the exemplary professional standards and extensive community involvement, the mortuary was invited to join the distinguished association of Selected Independent Funeral Homes.

Joseph and Sue lived their broad and continuing commitment to the service of their community--ranging from the Mortuary's 50-year sponsorship of the local Babe Ruth Little League team to Joseph's service as the Mayor of Mountain View. The generosity of the Cusimanos also extended beyond our community to others in need, as exemplified by their gift of children's caskets to the victims of the 1995 Oklahoma City tragedy.

Joseph and Sue bequeathed both their business and their sense of responsibility to their children. The Cusimano Family Colonial Mortuary is now managed by Matthew and Sherri, who have maintained the spirit of service and community participation that began with their parents 50 years ago. Madam Speaker, it is my honor to congratulate the Cusimano family as they celebrate this special anniversary.

Thank you, Mr. Conyers, Mr. Berman, Mr. Smith for your hard work.

I rise in support of the bill which brings much-needed reform to our system. We have worked hard really over the past half decade to come to this floor today with this legislation.

I want to talk about one issue, and that is venue. Due to a flawed Federal Court decision in 1990, B.E. Holdings, patent trolls have been able to file cases more or less wherever they choose in the United States. And that decision has led to forum shopping as plaintiffs filed in jurisdictions where they knew they stood a better chance of winning, and where they would get more money if they did win.

For example, filings in eastern Texas went from 32 cases a year 4 years ago to over 234 cases last year with a projected 8 percent increase this year. Patent holders win 27 percent more often there, and the awards are much bigger. The presiding judge himself describes the district as a ``plaintiff-oriented district.'' It has led to the formation of entities that exist solely to bring patent cases. For example, the Zodiac Conglomerate is formed of several smaller companies. None of the companies create any technology. They don't produce any products. All of those companies are incorporated in either Texas or Delaware. They exist for one purpose only, to bring patent cases. So far the Zodiac Conglomerate has sued 357 different companies, mostly in the Eastern District of Texas.

Manufacturing venue leads to overly aggressive litigation behavior, which deters legitimate innovation. This manager's amendment is going to correct the problem. The bill will allow cases to be filed where the defendant is located or has committed acts relevant to the patent dispute.

We give the freest rules to independent inventors and to individual inventors and universities, noting their special role in this system. Corporate plaintiffs can only bring cases where the facilities are located if they have engaged in activities relevant to the patent dispute.

In sum, the bill restores fairness and clarity to patent litigation by removing the most glaring instances of forum shopping by patent trolls.

I represent Silicon Valley, which has a diversity of high tech. Biotech, large companies, small companies, universities, small inventors, pharmaceutical companies, we have got them all, including small inventors working out of a garage. A balanced approach to innovation is essential to all of these entities. H.R. 1908 provides that balance. We need to pass this bill today. I urge my colleagues to do so.

I thank the gentlewoman for yielding, and I support the amendment.

I would just like to note, however, that we have had over 21 hearings in the subcommittee and have convened several briefings on top of that. We have had reports from the National Academy, the FTC on this subject. And I think the gentlewoman's amendment to get still further information is valid. I support it. But certainly we have information today that has been gained over an extensive process over half a decade.

Madam Speaker, we rise to honor Dennis Kennedy upon his retirement as the Mayor of the City of Morgan Hill. The City of Morgan Hill is located in southern Santa Clara Valley, approximately 12 miles south of San Jose.

Mr. Kennedy has the distinction of being the City's first widely elected Mayor of Morgan Hill and also the longest serving Mayor overall, at an impressive four terms. By many accounts, Mr. Kennedy would have overwhelmingly won a fifth term had he not chosen to retire.

The community's decision to elect Mr. Kennedy as its first mayor was most likely based on his firm commitment to public service demonstrated through his roles as a member of the City of Morgan Hill's General Plan Task Force, Planning Commission, and his participation on the Urban Limit Line Study Commission.

In addition, Mr. Kennedy was very active in the City's Visioning Process and as a result was heavily involved in the process of constructing a new Aquatics Center, Community & Cultural Center, Centennial Recreation Center and the establishment of the local Community Health Foundation and, most recently, a County Library.

Mr. Kennedy has deep-seated roots within the community of Santa Clara County. He is a graduate of Bellarmine College Preparatory School and Santa Clara University, where he received his engineering degree.

On behalf of the constituents we represent in the City of Morgan Hill, we thank Mr. Kennedy for his commitment to public service that has lasted over 25 years.

Madam Speaker, I rise to honor San Jose-based Ethiopian Community Services and Oakland, California-based Ethiopian Community & Cultural Center for their joint efforts in organizing a celebration of the Ethiopian New Year and Millennium.

During this celebration, the community will share its centuries-old traditions and culture including its alphabet, calendar, music, arts, food and coffee. In addition it will give others an opportunity to experience this rich and diverse historical event and explore and make new friends.

The celebration of the Ethiopian New Year and Millennium is occurring in my congressional district at the Guadalupe River Park in Downtown San Jose, CA. Because of the rich diversity of San Jose, it is a special honor to further emphasize the open minds and warm hearts of the constituents I represent. I commend both organizations for their hard work in this glorious event and extend my warmest wishes for many more years of cooperation and success.

Madam Speaker, I rise to honor Mr. Dennis Kennedy who has served the City of Morgan Hill in various capacities for the past 30 years.

Since 1977, one year after Mr. Kennedy moved to Morgan Hill, he has been involved in various roles within the City of Morgan Hill's local government. He served three terms on the Planning Commission and two terms on the General Plan Update Committee.

In 1990, he stood for election and won a seat on the City Council. He has served 4 terms as the Mayor of the City of Morgan Hill. He was appointed to his first term in 1992. In 1996, he became the first directly elected mayor and was re-elected in 1998, 2000, 2002, and 2004.

He is past chairman of the South County Regional Wastewater Authority, has served two terms on the Board of Directors of the Valley Transportation Authority and is a past-president of the Santa Clara Cities Association.

Mr. Kennedy has always been mindful of his commitment to the Santa Clara Valley and, although he was born in Nebraska, he has acted like a true local when community interests were at stake. Mr. Kennedy moved to San Jose, California during his high school years and attended Bellarmine College Preparatory School in San Jose. He earned a Bachelor's degree in Mechanical Engineering from Santa Clara University and served as a lieutenant in the U.S. Army.

Professionally, it has been a pleasure to work with Mr. Kennedy because he sincerely cares about the residents of the City of Morgan Hill and their interests. I know I stand with many other thankful constituents in congratulating Mr. Kennedy on his years of service and wishing him the very best for his retirement.

Mr. Speaker, this bill goes far beyond what is necessary and what was agreed to by the Director of National Intelligence. All of us agree that foreign-to-foreign communications need to be available for surveillance. However, this bill would grant the Attorney General the ability to wiretap anybody, anyplace, anytime, without court review, without any checks and balances.

I think that this unwarranted, unprecedented measure would simply eviscerate the fourth amendment that protects the privacy not of terrorists, but of Americans.

I strongly oppose this warrantless surveillance measure. I realize that in a short period of time, months, we will have an opportunity to undo the damage that is going to be done here tonight, and I pledge to America that should this measure pass, I will give it my all to make sure that we reclaim the fourth amendment in a measure that gains a vote from Members of Congress and Senators who take their oath of allegiance to the Constitution more seriously than has happened to date.

Madam Speaker, I think that there is common ground here in the House despite some of the comments we have just met. We all know from the press reports and Admiral McConnell himself that there is a need to make sure that we intercept communications, foreign to foreign, and I think there is 100 percent agreement in this House on that point. I would note that line 18 of the second page of the bill makes that abundantly clear.

We all know that, as technology changes, we need to continually update our laws to make sure that they work well in a changing environment. We have this bill for 120 days if we do, as we know we must, pass it. I think of that 120 days as an assignment for the Congress, so that we understand the technology, so that we can make good decisions.

This is a cell phone. If I bring this cell phone to London and call San Jose, the phone company knows I'm in London and the call is made to San Jose.