Shelley Capito

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I thank the gentleman for recognizing me. Today, I rise in opposition to H.R. 4. When I first ran for Congress, this was one of the largest issues, prescription drug plans, for seniors. Sixty percent of the senior women in America are on Medicare right now, and they have available to them a prescription drug plan that they have never had in the past. Congress delivered this plan, and people in my district are pleased. Over 80 percent of the seniors on part D are pleased with this plan, and 91 percent of West Virginia seniors are now participating. The prescription drug plan is one of the rare government programs that is actually costing less than anticipated, both for the government and for the seniors. One reason is that seniors have access to the drugs and pharmacy of their choice. Yet, today, my colleagues on the other side appear to be willing to sacrifice that access to their drugs and their pharmacies. Yesterday, the Director of the West Virginia Chapter of the American Diabetes Association wrote and asked that I personally oppose this legislation because of its potential to decrease access to important medications for such diseases as diabetes, one of the most deadly and far-reaching diseases in this country. I oppose this. I think it will result in higher prices for our seniors.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I have the honor of representing one of the largest congressional districts east of the Mississippi, the West Virginia Second District. Some of the best-kept secrets in West Virginia, and certainly my district, are the wonderful small towns and the sense of community they provide. Treasures like these are worth celebrating every single day. Last Sunday, the city of Ripley in Jackson County, West Virginia, celebrated its 175th anniversary, and I had the privilege of attending the celebration with the mayor and many fine citizens of Ripley. I thought it was very fitting to read the city's motto, ``Ripley: Proud of our past--Excited about our future.'' Much has changed in America since 1832 when Ripley was founded, but the fact is that Ripley remains one of the best small towns in the country. In fact, when the President was looking for a place to celebrate our Nation's birthday in 2002, he looked no further than Ripley, West Virginia. It was a great decision. Every year, Ripley has the largest Independence Day celebration of any small town in America. We welcomed the President, and he enjoyed his West Virginia visit. Let us all remember that small towns are truly the heart and soul of America, just as they were in 1832 at Ripley's founding. I am honored to represent them here in Washington.

Mrs. CAPITO

Mrs. CAPITO. I want to thank the ranking member for yielding me time. Mr. Speaker, I rise in support of the legislation to raise the Federal minimum wage to $7.25 per hour. It has been 10 years since Congress passed legislation to increase the minimum wage, and I am pleased that we are going to pass such an increase today. I have supported an increase in the minimum wage since coming to Congress, and I have voted for it both as part of a package including a permanent solution to the death tax. And I will vote for it as a stand- alone bill. The minimum wage in my home State of West Virginia is $5.85 an hour, with recent increases already scheduled to be $6.55 this June and then $7.25 in June 2008. Twenty-eight other States have enacted minimum wages that are higher than the Federal minimum wage, and I am pleased today that we will vote to increase the minimum wage for workers across the country. I will vote for H.R. 2 because it will improve the quality of life for low-wage workers in my congressional district and across the Nation. This legislation would be much better, however, if it included the elements of the Republican alternative offered by Ranking Member McKeon and Ranking Member McCrery. Millions of small business employees across the country lack health insurance. It is probably the largest segment of working Americans who are unable to afford and cannot find health insurance, a vitally important part of leading a good-quality life here in the United States. We should authorize association health plans, allowing small companies to bind together through trade associations to create the economies of scales necessary to reduce the cost of health care. This is essential. It makes certain that we should act to offer affordable health care coverage for workers at the same time we are increasing the minimum wage. The Republican substitute, by offering tax relief that would lead to new job creation and by offering affordable health care in addition to increasing the minimum wage, would help millions more Americans than the bill we are considering today, and I regret we are not taking the more comprehensive approach. Nonetheless, this legislation will help many women and men across the country, and I intend to support it.

Mrs. CAPITO

Mrs. CAPITO. Madam Speaker, I rise to honor the life of Harvey Christie, better known to people across West Virginia as Chef Harv. Chef Harv was tragically killed at age 42 in a car accident near Romney, West Virginia on December 1, 2006. He is survived by his wife Christy and two children. Chef Harv traveled across West Virginia, as a caterer, as the host of ``West Virginia Cooks'', a Public Broadcasting cooking show, and as a champion for local agriculture products in our state. Chef Harv never stopped promoting West Virginia's small farmers and food products. Whether it was catering a community dinner or visiting 4-H camp, he inspired a love for our state's agriculture goods to countless people. Each year Chef Harv made the trip to Washington to remind members of Congress of the importance of supporting our local farmers. On each trip he cooked for ``A Taste of the Virginias'' held in a House office building--providing a meal made entirely from items grown in West Virginia or Virginia. The amazing food Chef Harv prepared, like his award winning ``Harv's Hot Pepper Jelly'' was matched only by his outgoing, engaging personality that was an inspiration to those around him. West Virginia's agriculture community has suffered a tremendous loss with his passing, and he will be missed by countless friends across our state. On January 13, Chef Harv's family and friends will gather to remember a life that ended much too soon. My thoughts and prayers are with his wife, children, and all of his friends and family during this difficult time.

Mrs. CAPITO

Mrs. CAPITO. Madam Speaker, for purposes of debate only, I yield the customary 30 minutes to the gentlewoman from California (Ms. Matsui), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. (Mrs. CAPITO asked and was given permission to revise and extend her remarks.)

Mrs. CAPITO. Madam Speaker, I have no further speakers, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mrs. CAPITO. Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1102 and ask for its immediate consideration.

Mrs. CAPITO. Madam Speaker, House Resolution 1102 waives clause 6(a) of rule XIII, requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee, against certain resolutions reported from the Rules Committee. The resolution applies the waiver to any special rule reported on this legislative day. The rule also provides that suspensions will be in order at any time on the legislative day. The resolution also provides that the Speaker or his designee shall consult with the minority leader or her designee on any suspension considered under the rule. Madam Speaker, we have before us this morning a simple rule that will allow for the consideration of important final measures that must be addressed before we adjourn sine die. Most important is the consideration of the continuing resolution, which will continue funding of the government until February of 2007. Although I am disappointed this Congress was unable to complete its spending bills for fiscal year 2007, we must consider and pass this continuing resolution before we leave tonight. It is my hope that in future Congresses we can work together with the other body to ensure we finish the appropriating process on schedule and in a fiscally responsible manner. This balanced rule provides the minority with the ability to consult with the Speaker on any suspension that is offered, ensuring that their input and views are duly considered before any legislation considered under this rule is brought to the floor. This rules also allows for consideration of special rules reported on this day. We are nearing the end of our session, always a chaotic time, and this rule will allow the House to finish its business in a timely fashion. I now ask my colleagues to support this rule so that we may continue the work of the American people in a timely fashion today. Completing consideration of these suspensions and remaining bills ensures that we may accomplish as much as possible in the final days of this Congress, and I encourage my colleagues on both sides of the aisle to support this balanced rule. Madam Speaker, I reserve the balance of my time.

Mrs. CAPITO

Mrs. CAPITO. Madam Speaker, I rise today to speak in support of this rule. As I was listening to the statements that have gone on, I started thinking to myself, you know, it is the Christmas season. It is a time of optimism. It is a time of reflection. It is a time when we look forward to the new year. And as I do that, as a Member of Congress, as a family member, as a member of my community, as an American citizen, I look forward to what is going to happen after this new year. But what we need to concentrate on today is to make sure that the business of the people continues in a responsible way, and that is what this rule does. It continues the government spending. I have great regrets that we were unable to get our appropriations bills through, and I hold the other side of the aisle, the other side of the big aisle, responsible for a lot of that. But at the same time, I think it is important for people across the Nation who are watching this to realize what we are really talking about today, and that is the continuing services, continuing benefits, continuing the work and the funding of the American government. I think it is also important to note in this particular piece of legislation, because we are very concerned, as a Congress, about our veterans and about our VA health care, that because there could be some possible issues between now and when this expires in February, that we have allotted for the ability to have the transfer within the VA medical costs so that they won't skip a beat, and our veterans will be cared for in the manner to which we would want them to be cared for, in the manner which they deserve. So I rise today with a heart filled with Christmas spirit, with a positive outlook, not only on this body, but this Nation. And I wish the other side good luck in the years to come, and I look forward to serving this Congress and the next Congress.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Massachusetts (Mr. McGovern), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. (Mrs. CAPITO asked and was given permission to revise and extend her remarks.)

Mrs. CAPITO. Mr. Speaker, I want to thank my colleague. Again, I urge my colleagues to join me in supporting this rule to provide that suspensions will be in order anytime the legislative day of December 7, a very historic day in our Nation's history, 2006, and that special rules will be considered on the same day. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mrs. CAPITO. Mr. Speaker, I yield myself such time as I may consume. I thank the gentleman for his response, and I have enjoyed my 2 years of service with him on the Rules Committee. He is a mighty adversary. And I also want to say congratulations to you and to the new majority. You fought hard for it, you won it, and I look forward to the new open process that you are proposing and particularly in the first 100 hours that you are proposing in the first several days of our legislative session in the 110th Congress. I would like to just kind of piggyback on one thing you said, and I think it really rings true. It certainly rings true in my State and everywhere. People are tired of the way we conduct our debate here in Congress. They turn us off. They do not listen to us because we heighten the words that we use, we disrespect each other as individuals. I am not saying that you and I do, but certainly several of our Members do on both sides of the aisle. We use words that are meant to catch the 30- second sound byte, that are meant to inflame one side or the other. In my service in the Rules Committee, Chairman Dreier asked me to chair a Subcommittee on Civility, and I began working with that and working with Representative Cleaver on the other side. We joined together in a Special Order where we both debated civilly over the pros and cons of tax relief without throwing the usual big word bantering, disrespecting words at one another that we have a tendency to do in our debate. I would ask my colleagues who are listening, join together in this effort with Representative Cleaver so we can grow the amount of Members, we can have Special Orders where we debate the pros and cons of such hot issues like the war in Iraq or immigration or tax relief, all these things that are so important to the American public, but we do it in a way where we have a little bit more time where we can go back and forth and ask each other questions. It is difficult the way our structured debate is, to actually make a point in one minute and then be able to respond to the other side. So I would join with my colleague and maybe convince him to join our Subcommittee on Civility and we can have longer, more meaningful, and I think the American public would actually embrace the opportunity to sit down in front of their TV, watch C-SPAN for an hour, become educated on an issue on both sides, and then understand a little bit more about why we are voting one way or the other, where our belief systems are. Mr. Speaker, I reserve the balance of my time.

Mrs. CAPITO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, as one who cares about responsible legislating, I guess I would like to say that I have been in the legislative process now for 10 years, 4 years in my State House and 6 years now here in Congress. When you reach the end of a legislative session, there is always, rightly or wrongly, a rush to wrap up loose ends, to make sure that you don't leave issues undone, untied, so that you can start afresh in the new Congress. But I would like to tell the gentleman something he probably already knows, that in the 103rd Congress, which was the last Congress that the Democrats had control, they actually used the same-day rule provisions 22 times, and this Congress, rightly or wrongly, has used the same-day rule 20 times. So I would like to ask the gentleman, what I am hearing you say, and I know you will be on the Rules Committee and I will be leaving the Rules Committee because of the new majority-minority makeup in the committee, but what I am hearing you say is that you are basically promising that this same-day rule provision that we have used in the 109th Congress will not be a provision or mechanism that you will be using next December when you have control of the Rules Committee. I would like to hear if that is what you are saying, and I would hope that by the rhetoric that I am hearing from you today that this is the direction that you want to take the committee. You will be part of the leadership of that committee. Mr. Speaker, I reserve the balance of my time.

Mrs. CAPITO. Mr. Speaker, it is my pleasure to yield such time as he may consume to the gentleman from California (Mr. Dreier), the distinguished chairman of the Rules Committee, who has led us very ably over the last several years.

Mrs. CAPITO. Mr. Speaker, House Resolution 1096 waives clause 6(a) of rule XIII requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee against certain resolutions reported from the Rules Committee. The resolution applies the waiver to any special rule reported on this legislative day. The rule also provides that suspensions will be in order at any time on this legislative day. The resolution also provides that the Speaker or his designee shall consult with the minority leader or her designee on any suspension considered under this rule. Mr. Speaker, this Congress has accomplished many things. We have worked on a variety of initiatives that will provide our working men and women with the resources necessary to succeed, expand access to health care, secure our borders, and continue to grow our economy. I would like to just comment on a few of these. I am proud to say that I was part of the majority of Members that passed a raise in the Federal minimum wage for the first time in 9 years. It is important that we assist those who are struggling with the necessary tools to help them develop as individuals and in the workforce. I tell you that the hardworking men and women of West Virginia deserve this raise. Another component of helping Americans succeed is making health care more affordable and accessible. This Congress has led the charge in modernizing our entitlement programs, allowing them to better serve the 21st-century senior. Three years ago, we stood on this floor and passed a monumental enhancement to Medicare, the creation of a prescription drug plan under Medicare. This program has helped to provide prescription drug coverage to 91 percent of the seniors in my home State of West Virginia. The numbers do not lie. This program has been a success, and I look forward to continued work with various groups in West Virginia and throughout the country to help the remaining beneficiaries find a prescription plan that best suits their needs. Regardless of their district's geographic location, no Member can honestly say that our Nation's immigration problems have not touched their constituents. We are all suffering from an immigration system that is clearly broken. The House passed a strong enforcement first approach last December, but, unfortunately, our friends in the other body could not come to agreement and insisted on a different plan. We must secure our borders and gain control over the flow of immigrants coming into our Nation before we can discuss any way to form a pathway to citizenship. Finally, Mr. Speaker, the pro-growth tax policies put in this place by this Congress have fostered a strong economy. We are seeing some of the lowest unemployment in my State, the lowest unemployment in history; tax receipts have surged from economic growth, and, as a result, the deficit is beginning to fall. We still have work to do, and that is why we are here today. Despite this record of success, there is much more work to be done. We have several measures left that should garner bipartisan support, and in an attempt to make sure that this important work is finished by the end of the legislative week as well, we are here today to pass a rule to provide for the consideration of bills under rules that would require them to pass by two-thirds majority. This allows us to consider items in a timely manner and ensure that last-minute issues are resolved prior to our adjournment. This balanced rule provides the minority with the ability to consult with the Speaker on any suspension that is offered, ensuring that their input and views are duly considered before any legislation considered under this rule is brought to the floor. This rule also allows for consideration of special rules reported on this legislative day. We are obviously nearing the end of our session, and this rule will allow the House to finish its business in a timely fashion. I am proud of the accomplishments of this House over the past 2 years. I now ask my colleagues to support this rule so that we may continue the work of the American people in a timely fashion today. Completing consideration of these suspensions and remaining bills ensures that we may accomplish as much as possible in the final days in Congress. Mr. Speaker, I encourage my colleagues on both sides of the aisle to support this balanced rule. Mr. Speaker, I reserve the balance of my time.

Mrs. CAPITO. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1096 and ask for its immediate consideration.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to congratulate and honor one of my constituents, Charleston firefighter Phil Pfister on becoming the World's Strongest Man. This award was bestowed after a long and arduous competition amongst 25 athletes from around the world. The ten day contest in Sanya, China included events such as bus pulls, car pushes, stone lifts, and tire turns. Mr. Pfister, is the first American to win this competition in 24 years. After trailing in the early events, Mr. Pfister focused his strength, discipline, and determination to win the final five events leading him to the title. His hard work and dedication during training certainly paid off. Nonetheless, after all his glory of winning this prestigious competition, Mr. Pfister returned to West Virginia a few days later and promptly resumed his daily work of protecting our wonderful city of Charleston as a firefighter. I am proud to honor Mr. Pfister for his accomplishments in the World's Strongest Man competition and his dedication to the Charleston community through his service as a fireman. West Virginia is truly fortunate to have him as a Mountaineer.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, today we congratulate the Main Street Baptist Church in Point Pleasant, WV. On October 28, 2006, the Main Street Baptist Church will celebrate its 100th anniversary. This church has helped change the lives of many in the Point Pleasant area and in the state. This is a wonderful time for the congregants of Main Street Baptist Church to celebrate with loved ones and take time to reflect on the many accomplishments and improvements this church has made in the community. I want to thank Main Street Baptist Church for their service to the community of Point Pleasant and all of their contributions to our great state. May your next 100 years be just as fruitful.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I would like to thank my colleague from the Rules Committee, and I would also like to thank the sponsor of this legislation, Mrs. Wilson, for her doggedness and her determination to do this right. Mr. Speaker, I rise today in support of the rule and the underlying legislation, the Electronic Surveillance Modernization Act. We are at war against a sophisticated, worldwide terrorist adversary that uses all of the advantages modern day technology has to offer. We know that these terrorists are continuing to plot attacks against the United States, our allies, and our interests around the world. In August, the coordination of the United States, British, and Pakistani intelligence helped British authorities apprehend terrorists plotting to blow up aircraft bound for the United States. Against this backdrop, it is absolutely critical that our government have the ability to monitor electronic communications by terrorist organizations. We are talking about allowing the government to intercept communications of cold-blooded killers who seek to do our Nation harm, not grandchildren e-mailing their grandmother. The FISA process should be used whenever possible, but we cannot hinder the ability of this President or future Presidents to monitor communications that could stop a terrorist attack. It is appropriate to allow the President to authorize electronic surveillance when there is an imminent threat of an attack against our country, when we have identified the responsible organization, and when we have reasonable belief that the person being targeted is communicating with a terrorist group. We must do everything possible to prevent future terrorist attacks. Our enemies will not delay their plans to harm our citizens while we go to court to obtain a warrant. We have to be right 100 percent of the time. The bill strengthens congressional oversight of the Terrorist Surveillance Program and requires FISA warrants in most cases, the exceptions being after an armed attack, after a terrorist attack, or when the threat is imminent. The bill is reasonable. It protects the rights of our citizens; but, most importantly, it will preserve a critical authority that we must have to protect our homeland. We are at war and this is critical to our winning that war. I urge my colleagues to pass this rule and the underlying bill.

Mrs. CAPITO

Mrs. CAPITO. I would like to read from the committee record from the hearing on Arizona, if I might. And this is from the Honorable Andrew Thomas, the Maricopa County Attorney. He talks about instances of voter fraud, they were charged of filing false documents, a class 6 felony. Maricopa County Recorder Helen Purcell referred these matters to the county attorney's office after her office received jury questionnaire forms from the county jury commissioner. These forms were filled out by potential jurors who claimed they were unable to serve on a jury because they were not citizens. The county recorder's Office found that they claimed to be citizens when they filled out the voter registration form. Four of these five defendants voted in at least one election. In addition to the 10 charged defendants, they were reviewing 149 other cases. The county recorder had received inquiries from people seeking to become U.S. citizens who had been told by Immigration and Customs Enforcement to obtain a letter from her office confirming they had neither registered to vote nor voted. And today, a review of these matters has turned up 37 noncitizens who have registered to vote. So I think this is a good reason to get out of Washington, D.C., to have real-life testimony across the country, which I know we do quite often. And this comes from the State of Arizona. I reserve the balance of my time.

Mrs. CAPITO. Mr. Speaker, I reserve the balance of my time.

Mrs. CAPITO. Mr. Speaker, could I inquire as to the time remaining?

Mrs. CAPITO. Mr. Speaker, it is now my honor and pleasure to yield 3 minutes to the gentlewoman from Florida (Ms. Ginny Brown-Waite).

Mrs. CAPITO. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Dreier), the chairman of the Rules Committee. (Mr. DREIER asked and was given permission to revise and extend his remarks.)

Mrs. CAPITO. Mr. Speaker, I agree with the gentleman. We don't want to disenfranchise anybody from voting, because voting is something that we all cherish not only in this Hall, but in every household in America. I believe that asking somebody to show a photo ID, which we do for many things, to buy cigarettes, beer, get on an airplane, travel, and many other instances, cash a check, we are asked for photo ID in many instances, and I think we provide in this bill for those who might not have photo ID who need it. Once they get it, I think it would be viewed as a positive thing for them, so they wouldn't be going, as they do in many cases to check- cashing facilities that don't require a photo ID, and they end up paying 30 and 40 percent surcharges for that. I would like to say, in my State of West Virginia, we just had five Federal convictions for vote fraud, vote buying. So it exists. And it is a defeating thing that occurs from State to State, because it defeats those of us who get up on that election morning or have gotten up earlier to early vote or send in our absentee ballot. It feels like our vote is being disenfranchised. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Bilbray).