Steve Chabot

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I rise today in support of H.R. 5037, the Respect for America's Fallen Heroes Act, and I am very pleased to have been an original cosponsor and to have helped to author the bill, along with Chairman Buyer, Chairman Miller and Representative Rogers. We are all painfully aware of the recent trend of demonstrations and protests occurring near military funerals and national cemeteries. These protests have included signs saying ``God Hates America'' and ``Thank God for IEDs,'' which are those improvised explosive devices which are responsible for so many of the deaths of our honorable military soldiers in Iraq and Afghanistan. Such demonstrations are not compatible with respect due to our Nation's fallen heroes and they should not be consistent with our Nation's laws. This act prohibits such demonstrations in a manner that is fully consistent with the Constitution while fully protecting the respect and dignity of funerals held on and near national cemeteries. The first provision of H.R. 5037 prohibits demonstrations on national cemetery grounds unless such demonstrations are approved by the cemetery director. It is common sense. This provision is clearly constitutional under judicial precedents, most recently Griffin v. Secretary of Veterans Affairs. In that case, the Federal Circuit Court of Appeals, just a few years ago, upheld as constitutional an existing Federal regulation providing ``any service, ceremony, or demonstration, except as authorized by the head of the facility or designee, is prohibited'' on Veterans Affairs property. The first provision of H.R. 5037 simply codifies that principle in statute. The second provision of H.R. 5037 prohibits any demonstration within 500 feet of national cemeteries within 60 minutes before or after the service, if the demonstration includes ``any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace or good order of the funeral or memorial service or ceremony.'' This exact language has been upheld as constitutional by the Supreme Court in the case of Grayned v. City of Rockford. At the same time, this language does not unconstitutionally draw distinctions regarding what demonstrations are allowed and are not allowed, based on the content of the speech. The Supreme Court, again in the Grayned case, upheld this precise language as constitutional because the language ``contains no broad invitation to subjective or discriminatory enforcement.'' This is clearly important legislation, and I strongly urge its passing. Let me say that all supporters of H.R. 5037 are asking is that the families and friends of our Nation's fallen heroes be given a few hours of peace during which to honor their loved one's greatest sacrifice, a few hours to pay respect to a selfless life devoted to protecting others. That is not unconstitutional. That is not even an imposition. That is the least we can do for those who fight to uphold the Constitution. I urge all my colleagues to join in supporting this bill, which will give the families of those who died for us the comfort of knowing they will be able to pray in peace and thank the fallen on and near the sacred ground where they will rest forever so we can live free today.

Mr. CHABOT

Mr. CHABOT. Madam Speaker, I would like to take this opportunity to recognize Crime Victims Rights Week with my colleagues from the Congressional Victims Rights Caucus. Recently, the Judiciary Crime Subcommittee examined the issue of crime victims where we discovered that one violent crime occurs every 6 seconds in this country, one rape or sexual assault occurs every 2\1/2\ minutes. The issue of how crime victims are treated within the criminal justice system has been of paramount importance to myself and many of us throughout our tenure in Congress. I was the sponsor of the Crime Victims Rights constitutional amendment back in the 106th, 107th and 108th Congresses. That legislation would have given crime victims the right to be reasonably protected from the accused, to be heard at all court proceedings, to receive full and just compensation in the form of restitution and, most importantly, to be treated with fairness and dignity and respect. Unfortunately, despite numerous hearings and attempts by Senators Kyl and Feinstein, it was bipartisan, myself and others, we did not have the votes to pass a constitutional amendment. However, the Crime Victims Rights Act was included as title I of the Justice for All Act. We need to recognize and support all crime victims in this country.

Mr. CHABOT

Mr. CHABOT. Madam Speaker, at this time last year I predicted that I would be standing here once again to congratulate Coach Jamie Mahaffey and his North College Hill Trojans. Well, they proved me right after winning back-to-back Division III Ohio State high school basketball championships. Just this past weekend, North College Hill captured its second State championship with a convincing 90-73 triumph over Cleveland Villa Angela-St. Joseph. The victory topped off an impressive 26-1 season, including a number three national ranking by USA Today and a unanimous number one ranking in the final Ohio Associated Press State poll. The Trojans made their road to Columbus look easy, defeating their opponents by an average of 33 points a game and knocking off the reigning Division I State champions from Ohio and Kentucky. In fact, statistics like these have already brought calls for a three-peat next year. It gives me great pleasure to congratulate the North College Hill Trojans, the players, coaches, parents, fans, teachers, and administrators on bringing the championship back to the Cincinnati area. We are very proud of you, North College Hill.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, while I was at home last week in Ohio's First Congressional District, I had the honor of attending a pep rally at Mount Notre Dame High School. The school spirit in that gym was really something to behold. Of course there was cause for celebration, since the Cougars captured their second Ohio girls' State basketball championship in the last 3 years with an overall record of 25-3. The Cougars faced a difficult road to the championship, including a regional final victory over a tough Oak Hills Lady Scots team, which also happens to be in my congressional district. Mount Notre Dame basketball has become synonymous with success throughout the State of Ohio. Not only have they appeared in the State finals 3 years in a row, but this victory made the Cougars the first Cincinnati girls' basketball program to capture two State titles. It is also important to note that Mount Notre Dame excels in academics. It is a great honor for me to recognize the success and achievements of these outstanding young women, their head coach Scott Rogers, his staff and the entire student body. Their hard work and dedication makes all Cincinnatians proud. Go Cougars.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, today I rise to honor Norton Parker Chipman, an esteemed graduate of the Cincinnati Law School. On April 4, 2006, his memory will be honored as the newly ordained namesake for the Norton Parker Chipman Federalist Society for Law and Public Policy Studies located at the University of Cincinnati College of Law. Norton Parker Chipman led a distinguished life, including time spent as a United States Congressman, author, first presiding justice of California's Third District Court of Appeal, and perhaps, most notably, a Civil War hero. Seriously injured and reported as dead at Fort Donelson in 1862, Chipman's bravery and resolve was rewarded with an assignment to President Abraham Lincoln's staff at Gettysburg. As judge advocate, Chipman's successful prosecution of Captain Henry Wirz, commander of the Confederacy's infamous Andersonville war prison camp, earned him a spot on the platform at Gettysburg next to his close friend President Lincoln while the President delivered his famous Gettysburg Address. Among several of his accolades, Chipman also was a co-founder of the Grand Army of the Republic and authored the order creating Memorial Day. He was appointed as the first presiding justice of California's Third District Court of Appeal in 1905 and served honorably until his retirement in 1921. To this date, Chipman remains the longest serving presiding justice of the court. It gives me great pleasure to recognize Norton Parker Chipman for his contributions to our country, and I am pleased that his legacy is being commemorated at the University of Cincinnati College of Law.

Mr. CHABOT

Mr. CHABOT. Mr. Chairman, I yield such time as he might consume to the gentleman from Indiana (Mr. Souder), who has been such a strong leader in the fight against drugs in this country.

Mr. CHABOT. Mr. Chairman, I offer an amendment.

Mr. CHABOT. Mr. Chairman, I yield myself such time as I may consume, and I will be very brief, but I want to thank all the Members that have been so involved in passing this particular amendment and working on the entire bill. There are an awful lot of people, I think, in the House that realize what a scourge drugs are in this country and particularly in the last few years with methamphetamine. This bill, whereas it is not a panacea, it will not solve the problem, it is at least a step in the right direction, and I want to thank my colleagues for their support.

Mr. CHABOT. Mr. Chairman, I yield myself such time as I may consume. I rise today in support of a bipartisan amendment that I have drafted with several Members of the Meth Caucus to address the national methamphetamine epidemic our Nation faces. I have offered this amendment along with Representatives Boswell, Calvert, Cannon and Larsen of Washington; and I would like to thank all of these gentlemen for their leadership in not only drafting this amendment but in working very hard in this fight against drugs in our country. Specifically, I wanted to highlight the provisions of the amendment that would create a National Methamphetamine Information Clearinghouse. Several communities in my State have expressed the need to obtain and share information related to methamphetamine abuse and addiction. The national database would promote sharing of best practices among the law enforcement, prevention, treatment, and social services communities. The database will be governed by an advisory council comprised of members from a variety of agencies and organizations. This council will be responsible for monitoring these submissions to the clearinghouse and making sure that information found on the site is accurate, up to date and useful. The methamphetamine problem has grown at a dramatic rate and is now considered the most significant drug abuse problem in the country, surpassing marijuana. The impact of this problem has hit local law enforcement and communities with dramatic, direct, and collateral consequences. The National Association of Counties recently published a survey that shows that 60 percent of responding counties stated that methamphetamine was their largest drug problem, 60 percent of these. Sixty-seven percent reported increases in meth-related arrests. I will continue to support measures such as these and the Meth Elimination Act that was included in the PATRIOT Act to crack down on meth users and give local law enforcement and the public at large tools to help fight this national epidemic. I would like to thank all those sponsors, Mr. Boswell and others who have been very active in this effort, for being cosponsors and supporters of this particular legislation. Mr. Chairman, I reserve the balance of my time.

Mr. CHABOT. Mr. Chairman, I demand a recorded vote.

Mr. CHABOT. Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.

Mr. CHABOT. Mr. Chairman, I reserve the balance of my time.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Mr. CHABOT

Mr. CHABOT. Madam Speaker, today I rise in support of this conference report. And as a conferee, I want to specially thank Chairman Sensenbrenner for his leadership in negotiating the final details of this very important legislation. Our Nation continues to be threatened by radical terrorists, and it is critical that we take every step possible to prevent future attacks. Over the past 4 years, the PATRIOT Act has proven to be an effective tool in helping to accomplish this goal. But significant threats continue to exist, endangering the lives of U.S. citizens. With this in mind, it is imperative that detecting and disrupting terrorist activity before it occurs remain a top priority. It is also critical, however, that we maintain our commitment to protecting American civil liberties. When the House first considered the original PATRIOT Act, I was one of several on the Judiciary Committee who sought to include sunset provisions that would require Congress to reauthorize the legislation after conducting vigorous oversight. Well, the House Judiciary Committee has extensively reviewed the PATRIOT Act and its implementation. And over a 4-month period, it received testimony from 35 witnesses during 12 hearings on the PATRIOT Act. Furthermore, the committee conducted a nearly 12-hour markup of this legislation, including consideration of 43 amendments. As chairman of the Subcommittee on the Constitution, we have held PATRIOT Act oversight hearings in my subcommittee, and we remain committed to monitoring the implementation of this legislation through aggressive oversight. I am pleased that another 4-year sunset of the more controversial provisions and several additional safeguards to further protect civil liberties were included in the conference report, and I thank Chairman Sensenbrenner for that. The sunset provisions proved to be successful the first time around, and their renewal, coupled with new protections, helped strengthen our defenses against terrorism while demonstrating a strong commitment to civil liberties. The goal of our enemies is to destroy America and its allies. We must remain steadfast in our resolve to eradicate the plague of terrorism. This act does that.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, today I have the honor of congratulating Cincinnati's St. Xavier High School, one of Ohio's most athletically successful and academically accomplished institutions on its first Ohio High School Division I State football championship. St. X defeated powerful Massillon Washington 24-17 in the final game, Massillon having previously won 22 State football championships. My wife, Donna, and I had the good fortune to attend many of St. X's games this year and last year since our son, Randy, is in the band. St. X was great. They went 15-0 this year. USA Today in their national poll ranked them number nine in the whole country. I think they should have been number one. Even more impressive, this is St. X's 36th State title in all sports, the most of any high school in the State. I am proud to say that this is the fourth consecutive year that Ohio's Division I football champs are from my congressional district. St. X joins Colerain and Elder high schools in making that possible. Congratulations to Coach Steve Specht, his staff, the players, parents, alumni, fans, and of course the band. You were amazing. Go Bombers.

Mr. CHABOT

Mr. CHABOT. Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman, I first want to thank the chairman of the Judiciary Committee, the gentleman from Wisconsin, and also the ranking member, the gentleman from Michigan, for their leadership in this area. This is a very important issue before Congress, and I am very pleased that Congress is acting. The idea that a person's home or business can be taken by the government and transferred to another private entity simply to allow the government to collect additional tax revenue seems anathema to the values that Americans cherish. But the Supreme Court has now thrown its weight behind this distinctly un-American ideal by ruling that economic development can be a public use under the fifth amendment's takings clause. Few would question the Constitution provides a legitimate role for eminent domain when the purpose is a true public use and the property owner receives just compensation. That happens all of the time, and that is appropriate. Properly used, eminent domain should give communities an option of last resort to complete the development of roads and schools and utilities and other essential public infrastructure projects. As a former Cincinnati city councilman and Hamilton County commissioner myself, I would be remiss if I did not mention my concern for some unintended consequences that congressional action could have on communities if we do not act carefully, and I think we have acted carefully in this bill, and I thank, again, the chairman and the ranking member for doing that. We had testimony by the mayor of Indianapolis. I also want to commend the former mayor of Dayton, Congressman Mike Turner, who is the head of the Saving America's Cities Working Group, who has worked diligently to try to make this a better bill as well. Many people have worked on this. I am very pleased that Congress is going to take this action to make sure that eminent domain is not used in an inappropriate purpose. If Kelo was left as it was ruled by the Supreme Court, it could be used in a way that could be dangerous, that could be to the detriment of communities all around this country. So I am very pleased that we are acting on this today, and again want to commend the chairman and Congress for acting.

Mr. CHABOT

Mr. CHABOT. Mr. Chairman, I want to first of all commend the gentleman from Texas for his leadership in this area. This is a very important piece of legislation. I think he does us all proud by pushing for this and ultimately, I believe, being successful in its passage. I am pleased to be a cosponsor of H.R. 420, legislation that will help curtail frivolous lawsuits. It is reassuring to once again see that the Congress is taking measures to help rid our court system of lawsuits that are costly and hurt both consumers and businesses in our country. The legislation is aimed at enforcing the laws that govern attorneys in relation to filing frivolous lawsuits. The actual standard of what constitutes a frivolous lawsuit will not change. But consequences for such actions will. In 1993, the Civil Rules advisory committee, an unelected body, decided that sanctions against attorneys who file frivolous lawsuits should be optional. Justice David Brewer once wrote: ``America is the paradise of lawyers.'' In my opinion, this ``paradise'' has resulted in increased prices for consumer goods and higher insurance premiums and a decrease in domestic manufacturing, which has been one of the things that we have heard more and more discussion about in this country, the loss of manufacturing jobs. H.R. 420 seeks to rein in lawsuit-happy litigators by restoring mandatory sanctions for filing frivolous lawsuits, a violation of Rule 11 of the Federal Rules of Civil Procedure. This bill also prevents forum shopping by requiring that personal injury cases be brought only where the plaintiff resides, where the plaintiff was allegedly injured, or where the defendant's principal place of business is located. Finally, the bill would apply a three-strikes-and-you-are-out rule, as we have heard, to attorneys who commit three or more Rule 11 violations in Federal district court. As a member of the House Judiciary Committee, as well as a member of the Small Business Committee, I have heard endless accounts of family-owned small businesses being led to financial ruin by the exorbitant cost of frivolous lawsuits. According to the NFIB, the National Federation of Independent Businesses, small business owners ranked the cost and availability of liability insurance as the second most important problem facing small business owners today. Small business owners know that if they are sued, they are likely to have to choose between a long and costly trial or an expensive settlement. Either choice significantly impacts the operations of a business and the livelihood of its employees. This hurts the little guy because of these lawsuits. Most business decisions today are made with this new reality in mind. This bill will help make American small businesses more competitive by lowering their unnecessary legal expenses, allowing business owners to focus on hiring new employees and expanding available products. This bill will help make American businesses more competitive. It will allow business owners to focus on hiring new employees, which is really critical in this economy that we are faced with, and expanding the availability of products and services and improving the American economy. Mr. Chairman, I again want to thank the gentleman from Texas for his leadership in introducing this important piece of legislation. It is time that we put an end to these frivolous lawsuits that are impacting the economy, that are hurting, especially, small businesses and are resulting in the loss of jobs of many, many Americans in this country.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, it is sometimes said that there are three classes of members of the United Nations, permanent members of the Security Council, countries eligible to become nonpermanent members of the Security Council, and countries ineligible to become nonpermanent members of the Security Council. There is only one country in that third category, and that is, of course, the State of Israel. Israel has been the victim of an unfortunate impulse, rather widespread within the U.N., to isolate it, indeed to delegitimize it, that dates almost from Israel's independence. As Israel has been until recently completely excluded from the regional group system, it has been effectively unable to advance its candidacy for many of the posts that it should by right be able to aspire to. Indeed, Israel has much to contribute to the U.N. and to the world. It has achieved much in science, technology and social and economic development. It has famously ``made the desert bloom.'' This phenomenon of isolating and vilifying Israel has called forth a response in some quarters of the international community and most clearly in the United States. The Congress and the American administrations of both parties have worked effectively with Israel to end its isolation. This effort has required some heavy lifting at times, but the efforts have begun to bear fruit. It is especially gratifying that one result of these efforts has been that Ambassador Dan Gillerman, the Israeli Permanent Representative to the United Nations, has been elected as one of the Vice Presidents of the United Nations General Assembly as a candidate of the Western European and Others Group. This resolution congratulates Israel for having achieved this landmark and calls for further efforts and further results in the effort to end Israel's isolation. Mr. Speaker, I appreciate the efforts of the gentleman from California (Mr. Schiff) and also the distinguished gentleman from California (Mr. Lantos), who have worked diligently, very hard on this, and they have helped in crafting this resolution for the House. I also very much appreciate the assistance of the chairman of the committee, the gentleman from Illinois (Mr. Hyde), as well as the many others in this House who have worked on this resolution, and the House leadership as well for their assistance in arranging for consideration of this resolution. It is about time that Israel be treated with the respect that it is due. Mr. Speaker, I reserve the balance of my time.

Mr. CHABOT. 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. 368.

Mr. CHABOT. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 368) congratulating the State of Israel on the election of Ambassador Dan Gillerman as Vice-President of the 60th United Nations General Assembly.

Mr. CHABOT

Mr. CHABOT. Madam Chairman, I am pleased to be a cosponsor of this legislation that will help curtail frivolous lawsuits. It is reassuring to see the Congress is taking measures to help rid our court system of lawsuits that are costly and hurt those consumers and businesses in our country. Twelve million people in this country are employed by businesses in the food industry, making it the Nation's largest private sector employer. This is an industry that has a direct impact on the Nation's economy, and these fast-food obesity lawsuits are opposed by nearly nine in 10 Americans. The idea that holding the food industry liable for the excess of some individuals will combat obesity is unfounded. Individuals, not restaurants, are responsible for food choices that they make freely in their own daily lives. In addition, the food addressed by this legislation is legal and unadulterated, and the rights of individuals to pursue lawsuits resulting from claims like the mislabeling of food or food safety issues is preserved. Our country has a history of providing its citizens with a safe and affordable food supply. It is unacceptable to make arguments that certain types of food that are sold in certain types of restaurants as a result of consumer demand are somehow dangerous and that the average consumer must bear the burden in higher food costs because of the overindulgence by some individuals who file these types of lawsuits. This bill is not about whether fast food causes obesity. The bill is about self-responsibility. Today, the Congress of the United States is saying to a select group of lawyers that laws are not intended to protect people from these types of excesses, from essentially eating too much, and the courtrooms were never meant for that reason. It is really pretty simple. If you eat too much, you get fat. It is your fault. Do not try to blame somebody else.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, we all know the key to America's future is providing an excellent education for children. As a former school teacher myself, it gives me great pleasure to recognize two school districts located in my congressional district that truly live up to this commitment. Wyoming City School District was recently named the State's most outstanding school district, receiving the highest performance index score in Ohio's State report card. 100 percent of students tested were at or above the proficient level, and their high school graduation rate has reached 100 percent. The Oak Hills Local School District was also rated excellent, continuing in its long-standing tradition of academic excellence. Superintendent Patricia Brenneman has a lot to be proud of. With a graduation rate of 98.4 percent, Oak Hills boasts the highest rate of any high school its size in the entire State of Ohio. These numbers are a testament to the hard work and dedication of the teachers, administrators, parents, and last but not least, the students of Wyoming City Schools and the Oak Hill School District. I would like to congratulate both communities on this outstanding achievement.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I rise today to recognize the impressive achievements of a company in Ohio's First Congressional District that is celebrating its 50th anniversary. KATZEN International is a leading name in the ethanol industry and has been involved in the design and development of 70 ethanol plants around the world. I think my colleagues would agree that 50 years is a remarkable amount of time to be in any business, and this is no exception. KATZEN International, Inc. was formed in 1955 by Dr. Raphael Katzen. The company includes a group of highly experienced chemical and mechanical engineers, biologists, and designers who have applied their expertise to provide innovative and advanced design concepts encompassing the agriculture, chemical, sugar, paper, and other industries. Dr. Katzen pioneered a number of technologies used to produce fuel grade ethanol and as early as 1945 he designed, built, and operated a 17 million gallon per year ethanol plant in Springfield, Oregon using wood as a feedstock. Dr. Katzen and his colleagues have worked to improve the quality of life in rural America by developing some of the most efficient and successful ethanol plants in the country. As the ethanol industry has matured and larger plants have become the norm, KATZEN has retained its agriculture base and continues to work with ethanol plants of all sizes. On behalf of the. people of Ohio's First Congressional District, I would like to congratulate Raphael Katzen and KATZEN International on 50 years of technology, development, environmental stewardship, and support for rural America.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that the Committee on International Relations be discharged from further consideration of the concurrent resolution (H. Con. Res. 237) expressing the sense of Congress welcoming President Chen Shui-bian of Taiwan to the United States on September 20, 2005, and ask for its immediate consideration in the House.