Jim Costa

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to recognize the completion of a spectacular new United States Courthouse in Fresno, California, that will serve the needs of the communities of the great Central San Joaquin Valley. I am joined in this recognition by my colleagues, who also represent the City of Fresno and the communities served by this new facility, Representatives Dennis Cardoza, Devin Nunes and George Radanovich. The new courthouse features 14 courtrooms and judicial chambers for the U.S. District Court, the U.S. Magistrate, and the U.S. Bankruptcy Court. It also includes facilities such as a library, conference rooms, jury assembly area, public cafeteria and offices for other federal agencies and elected officials. This unique, nine-story building integrates the textures, colors and materials of the surrounding natural landscape of Fresno and the nearby Sierra Nevada mountain range. The building began construction in April 2002 and was completed at a cost of $116 million. It will accommodate 232 employees, who will serve hundreds of private citizens on a daily basis. Mr. Speaker, it is with the greatest pleasure that I join my colleagues in celebrating this momentous occasion for the communities of the Central San Joaquin Valley.

Mr. COSTA

Mr. COSTA. Mr. Chairman, I rise today to clarify the intent and importance of language in H.R. 3824 regarding the discretionary nature of recovery plans under the ESA. Language in TESRA states that, ``Nothing in a recovery plan shall be construed to establish regulatory requirements.'' This important language will ensure that, as is currently the case, recovery plans cannot be used as a regulatory ``hammer'' on private landowners or others. Let me elaborate. The ESA Sec. 4(f) states that the Secretaries of Interior and Commerce ``shall develop and implement recovery plans'' for listed species, ``unless . . . such a plan will not promote the conservation of the species.'' This responsibility has been delegated to the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration Fisheries Service (NOAA Fisheries) (collectively, the Services). Thus, as a general matter, the ESA compels the Services to develop recovery plans. While FWS and NOAA Fisheries are under a general duty to develop a recovery plan for listed species, the federal courts are in unanimous agreement that the contents of a recovery plan are discretionary with the Services. Recovery plans do not impose legal obligations or requirements on anyone--not on private landowners, not on local or state government units, and not even on the federal government itself. Rather, the case law makes clear that recovery plans are guidance documents. For example, the 11th Circuit Court of Appeals rejected the argument of an environmental group that would have ``elevate[d] the 1987 [Florida panther] recovery plan into a document with the force of law.'' Fund for Animals v. Rice, 85 F.3d 535,547 (11th Cir. 1996). The 11th Circuit wrote that ESA Sec. 4(f): ``makes it plain that recovery plans are for guidance purposes only. . . . By providing general guidance as to what is required in a recovery plan, the ESA `breathe[s] discretion at every pore.' '' Id. (emphasis supplied), citing Strickland v. Morton, 519 F.2d 467, 469 (9th Cir. 1975)). FWS itself has taken the position that recovery plans have no binding effect. Courts have agreed with the agency's position. For example, in Biodiversity Legal Found. v. Norton, 285 F.Supp. 2d 1 (D.D.C. 2003), environmental groups argued that the recovery plan for the Cape Sable Seaside sparrow had a binding impact to compel revisions to the species' critical habitat. FWS asserted that `` `the content of Recovery Plans required under ESA Sec. 4(f) is not binding upon the Service, so cannot create a legal duty.' '' Id. at 13. The district court, citing the 11th Circuit's opinion in Fund for Animals (discussed above), agreed with FWS. It ruled that the sparrow's recovery plan ``was merely a guidance, which FWS had discretion to follow.'' Id. Similarly, environmental groups claimed that the recovery plan for certain whale species was deficient because it failed to include substantive, mandatory requirements. The court disagreed, holding that ``[c]ase law instructs that [FWS is] correct in [its] assertion that the content of recovery plans is discretionary.'' Strahan v. Linnon, 967 F.Supp. 581, 597 (D.Mass. 1997), aff'd, 187 F.3d 623 (1st Cir. 1998). The court recognized that FWS is under a statutory duty to develop a recovery plan ``to the extent that it is feasible and possible,'' but that ``requirement does not mean that the agency can be forced to include specific measures in its recovery plan.'' Id. at 598. Environmental groups also argued that the recovery plan for the Perdido Key beach mouse must include an expansion of the species' critical habitat. The court, aligned with all of the other opinions on the topic, rejected the environmentalists' argument because ``the contents of the [recovery plan] are discretionary.'' Morrill v. Lujan, 802 F.Supp. 424, 433 (S.D.Ala. 1992). There is a strong policy justification for finding that recovery plans are discretionary: namely, to allow FWS to allocate its scarce resources as it sees fit. ``Congress recognized that the development of recovery plans for listed species would take significant time and resources. It therefore provided in the ESA that the Secretary could establish a priority system for developing and implementing such plans. This priority system allows the Secretary broad discretion to allocate scarce resources to those species that he or she determines would most likely benefit from development of a recovery plan.'' Oregon Natural Resources Council, supra, 863 F.Supp. at 1282-83 (emphasis supplied). To conclude, in a rare show of agreement among court interpretations of the ESA, the federal judges that have addressed this point have all agreed that recovery plans are simply discretionary guidance documents, with no binding effect. It is clearly the intent of H.R. 3824 to not only remain consistent with this established line of precedent, but to codify this important fact.

Mr. COSTA

Mr. COSTA. Mr. Speaker, since the 1973 energy crisis, we are no more energy independent now than we were then, and this legislation will do nothing to resolve this Nation's bankrupt energy policy. For those of you who support federalism, this measure goes in opposition to state rights! Our current energy policy is bankrupt. If this Congress is to pass a real energy policy, here are some things what we must do: Open up ANWR; invest the revenue into renewable energy resources; and provide incentives to promote the ingenuity of Americans to develop energy measures that are progressive and will rid us of energy dependence. The President has it right, we must conserve, but we must go further like improve CAFE standards and provide incentives to build a High Speed Rail network. Conservation is an American value, and it is lacking from this bill. This Congress must craft a real energy policy that goes beyond the status quo. Therefore, I urge that we vote down this measure, and support the Democratic substitute.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to congratulate the people of Taiwan on the occasion of National Day on October 10. The Republic of China (Taiwan) is our ally in the Pacific. Although it is a small island nation, it has a growing and progressive economy, providing its citizens with quality education, health care and affordable housing. In a recent survey conducted by the Geneva-based World Economic Forum, Taiwan was ranked first in Asia and fifth in the world in terms of growth competitiveness. With its well-educated population, Taiwan is an ideal training ground and place for business entrepreneurship. Much of Taiwan's economic prowess is directly attributable to Taiwan's political system. A vibrant democracy, Taiwan's history of democratization is an important example of how other countries can change. In 2 decades Taiwan has peacefully transformed its political system, from authoritarian to democratic government, providing a role model for other non-democratic political governments in Asia. In view of China's growing military strength and intentions, the best way to safeguard Asia's permanent peace and prosperity is to have all Asian countries join forces with other democratic countries in the world to form a global community of democracies. In the meantime, we hope democracy will take roots in China. Taiwan's successful democratic experience proves that democracy can indeed thrive on Chinese soil. We also hope that in the months and years ahead, Taiwan and China will reach a rapprochement of sorts. Taiwan has made efforts to expand cross-strait exchanges in the fields of journalism, information exchange, education, culture and trade in endeavoring to foster mutual trust. Taiwan President Chen Shui-bian has adopted a policy of reconciliation and goodwill toward China. I hope Taiwan President Chen Shui-bian and PRC President Hu Jintao will soon meet and discuss cross- strait issues. A unified China under the principles of freedom, democracy and prosperity is the dream of all peace-loving people. Again, congratulations to the people of the Republic of China on their National Day.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor Jim Boren for receiving national recognition as an outstanding journalist by the Journalism Education Association which recently awarded Mr. Boren with the National Media Citation Award. Jim Boren is an established journalist who has won numerous awards and recognition from national organizations and community groups. Jim Boren was one of California State University, Fresno's finest graduates and had many opportunities to leave the Valley in pursuit of prestige. Being the dedicated Fresnan that he is, however, Jim chose to stay in his community and share his talent with his hometown. Beginning his career in 1972, Jim joined the Fresno Bee. He worked his way up from a general assignment reporter to becoming the Fresno Bee's main political writer. He spent 15 years in that position keeping the San Joaquin Valley informed about local and national events by covering local elections, gubernatorial races and presidential campaigns. In 1995 Jim Boren became Editor of the editorial page in the Fresno Bee. Jim Boren has a well-deserved reputation as a skilled and reliable investigative reporter. His journalistic abilities, compassion, and belief in justice are credited in the release of innocent prisoners charged for crimes they did not commit. Mr. Boren has been the recipient of numerous awards for his talent as a journalist. He has received notoriety from various organizations, including an investigative reporting award from the Society of Professional Journalists, the Jim Tucker Award from California State University, Fresno, and the national honor of receiving the Friend of Scholastic Journalism Award from the Journalism Education Association. For his contributions and loyalty to the community, it is with great pleasure that I extend the gratitude and appreciation of the residents of the San Joaquin Valley to Jim Boren.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to congratulate the National Conference of State Legislatures Leadership Institute for 10 years of dedication and excellence in the formation of effective public policy makers. Over 300 State Legislators have participated in the Leadership Institute through its first 10 years. The National Conference of State Legislatures is a bi-partisan organization that serves the legislators and staffs of the United States and its commonwealths and territories. NCSL provides research, technical assistance, and a forum in which policy makers can exchange ideas. The primary goals of NCSL are to improve the quality and effectiveness of state legislatures, to promote policy innovation and communication among state legislatures, and to ensure state legislatures a strong, cohesive voice in the federal system. The ideals of strong and effective leadership are the cornerstones upon which the NCSL Leadership Institute was founded. Leadership is an essential ingredient of any legislature. Moving beyond conflict and partisanship to meet the real needs of people is the fundamental test of legislative leadership. The NCSL Leadership Institute seminars foster lively discussions and provocative case studies, where promising leaders can explore their common values and the future of the legislature in a bi-partisan setting. Numerous State Legislators have attended the Leadership Institute in its 10 years of operation. The future of our government depends on the quality and creativity of the men and women who lead it and is imperative that we endorse programs that instill leadership qualities. On behalf of past, present and future Legislators, I extend my continued support and appreciation of the NCSL Leadership Institute.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor the memory of Robert M. Wash of Fresno, California. He is survived by his two sons John and Thomas, and daughter Lynn. Robert Wash was a respected member of our community and his memory will be forever cherished. He was born to Henry and Effie Wash on May 27, 1908 and grew up in Fresno County. His family instilled in him the qualities of character with which he touched so many lives. Upon graduation from Caruthers High School, Mr. Wash attended the University of California, Berkeley; where he graduated with a degree in Economics. Ever the dedicated student he continued his education at Boalt Hall and passed the California State Bar Exam. He pursued his passion for law by becoming a prosecuting attorney in the District Attorney's office for several years. In 1950, he was appointed Fresno County's first County Counsel. He retired from the position in 1978, after serving as County Counsel for 28 years. In 2001, Robert Wash received the highly prestigious Bernie E. Witkins Lifetime Achievement award from the Fresno County Bar Association. Mr. Wash was not only a dedicated employee he was also an active community participant. He was a member of the Fresno Rotary Club, Fowler Friday Evening Club, Garden of the Sun Corral of the Westerners International and the San Joaquin Civil War Roundtable. Robert Wash had a passion for history that he expressed through his amazing writing. His vast knowledge of the area's history and his love of the subject was projected through his writings. Many of the historical markers in Fresno County are inscribed with his words. He was the President of the Fresno County Historical Society and played the role of Confederate President Jefferson Davis at the Civil War Reenactment ceremonies on several occasions. Aside from being an accomplished writer and making incredible professional achievements, Robert Wash was a beloved family man. He is described as being a good man who took care of his family. Robert Wash was his Family's hero and will continue to be appreciated by his community.

Mr. COSTA

Mr. COSTA. Mr. Chairman, I very much wanted to support the substitute amendment that we are debating this afternoon. I have the utmost respect for the gentleman from California (Mr. George Miller). Both he and I have been afforded the opportunity to spend some time together in the wonderful Sierra Nevada mountains, and I know how much respect and pride he has for America's natural resources. I share it as well. But there are three areas as it relates to the proposed substitute amendment that I find to be very problematic and important to the constituents that I represent that have had difficulty with this act over the years. First of all, the definition as it relates to property rights I think is lacking and needs to be worked on in an important way. Second, as it relates to the discussion of jeopardy to species, it is so vague. How it would be applied to section 7 and other aspects of the measure, I do not believe it is clear and could indicate further need for litigation, which is the current problem and part that we are trying to solve. I just do not believe that the jeopardy definitions under the current proposed substitute amendment could work as they currently are drafted. Finally, this is very important and I mentioned it in my comments in supporting the bill: there are no clear definitions as it relates to takings for farmers and ranchers, not just in California but throughout the country. Farmers and ranchers, I would maintain, are, in many cases, one of the last bastions of protection for habitat. I mean, think about it. They really want to farm, and they want to be able to maintain their ranches. When we have growth areas throughout the country, like in California, those farms and those ranches are one of the last hedges to urban sprawl and uncontrolled growth. Therefore, having no clear definitions for takings, I think, is critical.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to congratulate San Joaquin Valley College on the celebration of their 20th Anniversary. San Joaquin Valley College deserves to be commended for its dedication to maintaining a quality educational environment for all of the students on its various campuses. The college has made enormous progress within its twenty-year history. San Joaquin Valley College has advanced from a student body of less than 20 and a staff of only 11 to having over 660 students with a faculty of over 100 employees. San Joaquin Valley College was founded in 1985. From their humble beginning, the college has always put their students first. They offer degree and certificate programs in business, medical, and technical fields. The college has ever increasing programs to fit the needs of their students. They are also committed to providing the best of both general and vocational education. From 1985 to present, San Joaquin Valley College has graduated over 8,400 students from their Fresno campus alone. In 1995 San Joaquin Valley College became regionally accredited by the Western Association of Schools and Colleges. The college makes sure to stay involved with the community. The Fresno Campus of San Joaquin Valley College is a strong partner in the local community, receiving numerous awards and recognition from some of the following organizations: The Mayor's Office for the Fresno Dental Assistants, the California State Job Training Coordinating Council for Outstanding Service Provider, the Community Appreciation Award from the United Way of Fresno County, American Red Cross and so many other noteworthy organizations. For the past 20 years San Joaquin Valley College has created superior learning standards that can only be described as life changing by all of their graduates. They offer small classes, a family-like atmosphere, flexible class schedules, hands-on training, financial aid availability, as well as job placement assistance. San Joaquin Valley College provides quality education in order to produce quality potential employees. We stand to commend San Joaquin Valley College as an excellent educational provider and applaud their efforts to strengthen our community.

Mr. COSTA

Mr. COSTA. I thank the gentleman very much for that clarification.

Mr. COSTA. I yield to the gentleman from California.

Mr. COSTA. Mr. Chairman, I rise in support of H.R. 3824. This legislation is a reasonable, balanced response that I think will address many of the unintended difficulties and consequences that have arisen since the passage of the original Act. Over 30 years have passed since that time. That has given us an awful good opportunity to see what sort of insight and experience in terms of what has worked in preserving and protecting endangered species and habitat and what just as importantly has not worked. California faces numerous challenges in complying with the Endangered Species Act, like many parts of our country. In California, we have 293 threatened and endangered species in the State, the second largest number in the Nation. We also have 11 million acres of designated critical habitat of which 30 percent of it is privately owned. In Kern County, part of which lies in my district, we have more listed species than any other county in the State of California. To relay an anecdotal story of which there have been many here today, in 1995, we had a Chinese immigrant farmer who, believe it or not, was jailed and prosecuted due to an accidental taking of a species on his land that he had farmed for years. As a matter of fact, his tractor had been confiscated as corroborating evidence. As a result of that, I and others in the California legislature led a successful effort to change the law to ensure that that would not happen again. During the committee markup last week, I successfully passed two amendments that clarify local governments' role in participating in the development of habitat conservation planning. As we know, many of the habitat conservation plans have had difficulty in their adoption. The on-the-ground information from our local governments and water agencies and land use agencies is beneficial in the crucial input in the listing process and for trying to provide recovery efforts that are successful. Mr. Chairman, the Endangered Species Act needs improvement, and I think this bill is a step in that direction. It obviously is a work in progress, but we should understand that the dilemma that we face in America today is that while we all want to protect native plants and species, the dilemma is that our population growth has threatened the habitats for many of those plants and animals, and therein lies the dilemma. We must continue to work on efforts that I think are included in this legislation, realizing that we are going to have to revisit them in future years. I applaud the bipartisan efforts of the gentleman from California (Mr. Pombo) and the ranking member, the gentleman from West Virginia (Mr. Rahall) and their staff for working with all the members of the committee, and the gentleman from California (Mr. Cardoza) for addressing the problems of the original bill. I urge my colleagues to vote for its passage. Mr. Chairman, I would like to enter into a colloquy with the chairman of the Committee on Resources. My amendment that I referenced a moment ago that was accepted by the committee is meant to assure that States and units of local government have fair input in the listing process for threatened and endangered species. Local governments, we know, often have the best on-the-ground information on the status of communities of plants and animals that are in the area. This bill would formally recognize the local governments' rights to comment on the listing process and the acquisition of the best available scientific data. In many areas of California, we have water districts that are an extremely active part of the local governmental units that are involved in the species recovery process. The contributions that they make are many. In order to understand the status and the challenges of the various species that are listed, is it the chairman's understanding that the reference to units of local government in section 8 of the bill would include water districts?

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to congratulate San Joaquin Memorial High School on this ceremonious day in celebration of their 60th anniversary. San Joaquin Memorial High School deserves congratulations for their dedication to providing their students with a superior education and making the tuition very affordable for many families in the Fresno area. With a 154 graduating class of 2005 nearly all of their students plan to attend colleges or universities. Over the past 15 years San Joaquin Memorial High School graduates' average college enrollment is higher than 98 percent and many of their graduates advance to the top universities in the nation. The School was founded in 1945 and was given the name ``Memorial,'' and school colors, ``red, white, and blue,'' to serve as a living reminder of the men and women from the San Joaquin Valley who gave their lives in the service of their country. San Joaquin Memorial High School has been an exceptional addition to our community and serves as a model High School for other schools in the area. San Joaquin Memorial High School strives to offer an academically challenging curriculum designed to stimulate critical thinking, to develop individual capabilities, to seek the truth in information and to gain wisdom in knowledge. They also believe that they can help their students recognize the uniqueness of the self and offer an environment conducive to personal growth. The students at San Joaquin Memorial High School are empowered to become self-disciplined and with their discipline they donate much of their time to community service in an effort to better society for the public, their school and their church. They have continued to develop and modernize their facilities from its three original classroom buildings in 1945. A part of their Mission Statement is to give ``service to the poor.'' With their hard work and dedication to supplying the San Joaquin Valley with an enormous amount of consideration and compassion for others they will surely continue to thrive in the Valley for many years to come.

Mr. COSTA

Mr. COSTA. Mr. Chairman, I rise today to speak in support of the Children's Safety Act. This legislation will close sexual offender registration loopholes and punish offenders who do not follow the law. Sadly, every year hundreds of children are victimized by a convicted sexual offender. Convicted predators should be put in prison where they belong and kept away from our Nation's children. The Children's Safety Act, H.R. 3132, will do this. These tougher sentences will lock up repeat offenders and help keep our children safe. Because we know the recidivism rate of sexual offenders is very high, these longer sentences are crucial to protecting our children. We must hold these sexual offenders accountable and lock them up. A National Sex Offender Registry, which is one of the components of the Children's Safety Act, will better enable us to protect our children. People have a right to know where sex offenders live and it is important for parents to have access to a national registry in order to make sure their children are safe. In addition, to punishing sexual offenders and protecting our children, we must also provide services, resources and counseling to the people who are victims of these horrible crimes. Children need help healing the wounds caused by the heinous actions of sexual offenders. We must not forget their needs. Because the needs of victims are so crucial, I along with Congressman Ted Poe and Congresswoman Katherine Harris have formed the Victims' Rights Caucus. Through the caucus we draw attention to victim issues, work to protect funding that provides victims' services and introduce legislation to assist with victims. We must not forget the victims of crimes, especially when they are children.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor and remember the life of Private First Class Ramon A. Villatoro, Jr., who lost his life supporting Operation Iraqi Freedom. Mr. Villatoro, 19, joined the United States Army on July 24, 2004. He attended Basic Training and Advanced Individual Training at Fort Knox, Kentucky. Shortly thereafter, he reported to his first assignment at the Replacement Detachment. Within a few days, Mr. Villatoro's leadership and dedication was recognized and he was assigned to the K Troop, 3rd Squadron, and 3rd Armored Cavalry Regiment on January 7, 2005. Mr. Villatoro was committed to his role in his Primary Military Occupational Specialty, as a 19D, Cavalry Scout. Mr. Villatoro was deployed to protect our country in Operation Iraqi Freedom on March 3, 2005. Prior to leaving on his envoy to Iraq, Mr. Villatoro was promoted to Private First Class (PFC). Unfortunately, Mr. Villatoro's tour in Iraq ended when an improvised explosive device detonated near his military vehicle on July 24, 2005. Mr. Villatoro's strength of character and valor earned him well- deserved recognition, including: Army Good Conduct Medal (Posthumous); National Defense Service Medal; Iraq Campaign Medal; Global War on Terrorism Service Medal; Army Service Ribbon, Combat Action Badge (Posthumous). He also received the Bronze Star Medal (Posthumous); and the Weapons Qualification Badge, which certified him as an expert in certain rifle weaponry. Finally, Mr. Villatoro was awarded a Purple Heart, currently the oldest military decoration in the world, awarded to members of the armed forces who are wounded or killed in the line of action. Surviving Mr. Villatoro is his wife of eight months, Amanda Villatoro. Mrs. Villatoro is expecting their first child in three months. Also surviving Mr. Villatoro is his family, all of whom reside in Bakersfield, CA. I would like to extend my heartfelt sympathy and condolences, to Mr. Villatoro's family, for the loss of his life. His loss symbolizes the ultimate sacrifice one can make for his country. His service represented his commitment to protect his family, community, and our Nation. Mr. Villatoro's dedication to the principles of freedom and democracy will serve as an example to all of us, for generations to come.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor and wish well in retirement Captain Sandra L. DeGroot of Lemoore, California. Captain DeGroot has diligently served her country for the past thirty years. In September 1975 Sandra joined the United States Navy as a Nurse Corps Candidate and was commissioned an Ensign. It was there that Captain DeGroot committed herself to ensuring proper care and recovery for the women and men who place themselves in harm's way in the effort to protect our freedom. She graduated from Keuka College with a Bachelor of Science Degree in Nursing in 1976 and reported for Officer Indoctrination School in Newport, Rhode Island. Upon completion of her Officer training, Sandra began her career at the Naval Hospital in Jacksonville, Florida in the Intensive Care unit. Captain DeGroot's profession brought her to a variety of places. She was assigned to Naval Hospital Pensacola, Florida as the charge nurse of the medicine ward. Shortly thereafter Sandra became head nurse of the Pediatric Clinic at Naval Hospital, Guam and after a brief return to Florida, she joined the ranks in California at Naval Hospital San Diego. At San Diego Captain DeGroot filled many roles; she served as the staff nurse on Labor and Delivery, Division Officer OB/GYN clinics and Perinatal Clinical Nurse Specialist. Ever the avid learner, Sandra transferred to Utah where she completed her Master of Science Degree in Nursing, with a major in Nurse-Midwifery. Her dedication to work and school brought great rewards and in 1996 Captain DeGroot reported to Naval Hospital Jacksonville where she was the Navy's first Director of Women's Health Services. A few years later Sandra was assigned to U.S. Naval Hospital Keflavik, Iceland before returning to California at Naval Hospital Lemoore as the Commanding Officer. On top of her successful career Captain DeGroot has also made time for membership in various organizations. The American College of Nurse Midwives, the American Academy of Nurse Practitioners, the American Holistic Nurses Association and the Association of Women's Health, Obstetric and Neonatal Nurses are just some of the organizations with which she is involved. Her hard work has not gone unnoticed because Captain DeGroot has received the Meritorious Service Medal with Gold Star, Navy Commendation Medal with Gold Star, Navy Achievement Medal, National Defense Service Medal with Bronze Star and the Overseas Service Ribbon. For us, her retirement is bittersweet--although it is well deserved Captain DeGroot's efforts will be greatly missed. I congratulate Captain Sandra L. DeGroot, and wish her and her family all the best.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor Mr. George J. Gomes of Carmichael, CA. The California Farm Bureau has honored Mr. Gomes by naming him the 2005 ``Agriculturalist of the Year.'' George began his agricultural odyssey on his family's dairy in Gustine, CA, where he operated the family dairy and farmed forage crops. After selling the farm, Mr. Gomes attended California State University, San Luis Obispo where he attained his bachelor of science degree in Agribusiness Management and his masters degree in Agriculture Education. He began his professional career as an associate professor at Cal Poly where he taught Agricultural Management. George Gomes' career took him in many directions. Upon leaving the university, George managed the Napa County Fair. He later joined the California Department of Food and Agriculture in 1975 where he worked in the Division of Fairs and Expositions. Shortly thereafter, he became the assistant director before being appointed chief deputy director by Governor George Deukmejian. Mr. Gomes began a new journey in 1987 when he was named administrator of the California Farm Bureau Federation. His extensive educational and professional experience has allowed George to become a widely recognized leader within California's agriculture industry. While in school he was an active member of the Dairy Club, National Dairy Judging Team and Agriculture Council. Beyond that, George has served as a member of the State Fair Advisory Committee, chair of the Cal Poly-San Luis Obispo Agriculture Advisory Committee, California Fair Services Board of Directors and Keep California Beautiful Board of Directors. Through his public service commitments in education, government and community organizations George Gomes has been steadfast in promoting California agriculture. This award from the California Farm Bureau Federation could not have gone to anyone more deserving. I wish George and his family all the best.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I fully support global commerce. Almonds, which I grow on my land in Fresno, have become one of California's most valuable exports through development of foreign markets. In fact, more than two-thirds of this $1 billion a year crop is shipped outside of the United States every year. So, I truly understand the benefit of opening the world to the abundance of U.S. products. Of the producers in my district, some will win and some will lose with CAFTA. I am here to speak on behalf of America's best interest. That interest is a trade policy that is free and, more importantly, fair. Unfortunately, regardless of the diligent work and excellent intentions of our trade negotiators, the bi-lateral and multi-lateral agreements we have entered into are not serving America well, especially not American agriculture, if you use the last 10 years of increasing trade deficit as the standard. The evidence of our trade failures is undeniable. Over the last dozen years, the U.S. trade deficit has grown exponentially from a deficit of $38 billion in 1992 to $668 billion last year, a incredible increase of more than $630 billion in 12 years--more than 1700 percent. This year, in spite of the Trade Promotion Authority enjoyed by the President and the plethora of agreements brought before this body, America's trade deficit is the largest it has been in nearly 50 years. Last year, of the ships arriving from Asia to West Coast ports-- Seattle, Portland, Oakland, Los Angeles--more than half of them traveled back across the Pacific empty. This is a tragic illustration of a trade policy that is not working. It is not working because these agreements give us little or no ability to leverage our strengths as a trading partner. Do we truly need another agreement when Japan, one of our most important trading partners, continues to refuse entry to American beef--one of our safest and highest quality food products? For the sake of the American agricultural economy, and other American industries, we must do better. We must seriously evaluate the way in which we conduct trade, beginning with the agreements we negotiate; to look at what is working and, more importantly, what is not working. Ten years ago, I supported NAFTA. But, with the current state of our trade situation and the weakness and our current agreements, I cannot find any sense in supporting another trade agreement that perpetuates this sort of ineffective policy. I am reminded of a familiar quote attributed to Albert Einstein that illustrates my hesitation about CAFTA. ``Insanity is doing the same thing over and over and expecting different results.'' In light of our trade deficits, how can we approve another agreement and expect different, better results for the American farmer? In conclusion, my vote today against CAFTA is a vote of protest, a vote of dissatisfaction, a line in the sand. My ``nay'' vote today is a message on behalf of American agriculture, American businesses, and American workers to the administration and my colleagues in Congress that we absolutely must develop a new trade strategy, a strategy that reverses, over time, our trade deficit. This new trade strategy must be straight with the American public. It must define who--over the next 10, or 20, or 30 years--will be the winners and losers. Because, for America to be economically strong in the 21st century, we must have a plan to address the transitions and shifts in our domestic economy. As participants in the 21st century economy that Thomas Friedman refers to as ``the new flat earth,'' American workers and businessmen deserve to know what their chances are in the global economy. They need to know who among them will be the winners and losers. And, throughout that deliberation, American agriculture must have a seat at the table.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to congratulate United Health Centers of the San Joaquin Valley, Inc., on the opening of their new Kerman Health Center in Kerman, California. United Health Centers of the San Joaquin Valley has been a dedicated leader in bringing quality medical care and services to underserved rural residents. In the effort to complete its mission, United Health Centers has brought to the forefront many public issues related to unattended healthcare concerns in the community. Through the numerous clinics located in the heart of rural California, this organization offers a variety of services including family medicine, dental, x-ray, pharmacy and laboratory. United Health Centers has also adopted a preventative agenda and taken the initiative to implement family support programs such as prenatal care, nutrition, Women Infant and Children, health education, family planning and immunization. The new Kerman facility is the latest addition to seven already existing health centers in Fresno and Tulare Counties. The last three decades have chronicled the growth of United Health Centers into Huron, Earlimart, Mendota, Kerman, Sanger, Parlier and Orange Cove. The two- story Kerman operation will house seven dental stations, ten examination rooms and a full-service pharmacy and lab. United Health Center's employees, directors and organizers have touched the lives of numerous economically disadvantaged individuals who are so often overlooked by existing healthcare organizations. This dedication ceremony marks an opportunity to welcome improvements in the availability of healthcare and also provides incentive to look toward the future for innovative and novel means of making adequate medical care accessible to all communities--specifically rural communities.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to congratulate Self Help Enterprises on the organization's 40th Anniversary of dedicated service to rural communities of California's San Joaquin Valley. Self Help Enterprises' (SHE) efforts are based upon the simple principle of providing the tools necessary for individuals to help themselves succeed. SHE assists rural residents, primarily farmworkers, in a variety of housing needs. Offering technical assistance, helping people to compete for scarce resources and empowering individuals has been the main focus of this community oriented non-profit. The beginnings of Self Help Enterprises can be traced back to 1964 when President Johnson launched the ``War on Poverty'' with the passage of the Economic Opportunity Act of 1964. This legislation provided a much needed source of federal funding to help combat the devastating effects of continuous economic hardship. Self Help Enterprises originated in 1965 as the first rural self-help housing organization in the nation and shortly thereafter received its first of many grants from the United States Office of Economic Opportunity. Since then SHE has been instrumental in the housing development needs throughout eight counties located in the heart of the San Joaquin Valley: Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus and Tulare. Self Help Enterprises' volunteers, benefactors and organizers have touched the lives of numerous families who are so often overlooked by the rest of the community. The 40th Anniversary of the founding of Self Help Enterprises is a time for us to not only commemorate past efforts, but also look toward the future for innovative and novel means of helping underserved rural residents.

Mr. COSTA

Mr. COSTA. Mr. Speaker, one year ago, Chen Shui-bian was re-elected President of Taiwan. The election was the closest in Taiwan's history and marked a reaffirmation that Taiwan is a strong democracy. The anniversary of President Chen's re-election provides an important opportunity to review events in Taiwan and across the Taiwan Strait in China. As my colleagues know, China recently enacted a so-called ``anti secession'' law, which China says gives it the right to use military force against Taiwan if Taiwan decides to declare independence. This law is extremely provocative and potentially destabilizing. Like many of my colleagues, I have condemned this law, and I will continue to do so. During the past several weeks, the 2 main opposition leaders in Taiwan have traveled to China to meet with the leaders of the Communist Party. These trips have sparked intense debate in Taiwan about the intentions of the Chinese leaders, as well as the future security of Taiwan. This debate is additional evidence of the openness and maturity of the democratic society Taiwan currently enjoys. Mr. Speaker, Taiwan reveres its freedom and its democratic form of government. As Taiwan's friend and ally, I believe it is important for the United States to monitor the situation in the Taiwan Strait very carefully to help ensure Taiwan is not forced into a position which would endanger its freedom or its democracy. President Chen has been a tireless advocate for protecting and enhancing Taiwan's freedom. I hope he will use the remaining three years of his second term in office to make certain Taiwan is protected and that Taiwan will be able to continue to flourish politically and economically. Mr. Speaker, Taiwan is a good example of democracy in the Asia Pacific region. I applaud the people of Taiwan for their diligence and their enterprise. The democratic experiment in Taiwan has been an exciting one for the past two decades. It is my hope, and I believe many of my colleagues share the view, that similar adoption of democratic principles will someday spread to mainland China.

Mr. COSTA

Mr. COSTA. Mr. Chairman, I, too, rise to support the amendment for increased Amtrak funding. Mr. Chairman, the LaTourette/Oberstar Amendment will increase by $626 million the annual funding to AMTRAK. Mr. Chairman, the President's push to eliminate Federal support of AMTRAK is a shortsighted, poorly-conceived policy. Federal support of national transportation systems is a national priority that goes back to Abraham Lincoln, and to act in the face of such an American tradition is to do so at our own peril. AMTRAK provides a great service to California, and is an extremely important tool for my constituents. In the State of California alone, AMTRAK operates 70 intercity trains and over 200 commuter trains per day. The San Joaquins line, which services Fresno and Bakersfield in my district, is the fifth-busiest passenger line in the country, and carries over 700,000 people annually. As a matter of fact, three of the Nation's top five busiest intercity corridors are in California. California recognizes the importance of AMTRAK, and has invested heavily over time to maintain its presence in the State. Over the past 10 years, California has invested approximately $100 million per year to work towards this goal. Many of the routes in California--including the San Joaquins--continue to experience double-digit ridership growth, demonstrating the importance AMTRAK has for my constituents and Californians. While continued reform of AMTRAK is essential, it must be accomplished in a bipartisan fashion that reflects a post-9/11 view of the world. The United States requires an intermodal transportation system that has real interconnectivity, and protects our citizens' socio-economic needs in a flexible and cost-effective fashion. We must remember all forms of transportation in America have and continue to utilize some form of subsidy. If this body chooses to not support Amtrak, it will ignore the needs of the citizens of this Nation. AMTRAK remains a vital and viable mode of transportation for many people in this Nation, and to undermine that service will go against a history of service this Nation has put into the national transportation network.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise to reiterate my reluctant support of Mr. Sanders's effort last week to withdraw the United States from the World Trade Organization. Make no mistake: I fully support global commerce. Almonds, which I grow on my land in Fresno, have become California's most valuable export through development of foreign markets. In fact, more than two-thirds of this $1 billion crop are shipped outside of the United States every year. So, I truly understand the benefit of opening the world to the abundance of U.S. products. However, free trade must also be fair trade. Unfortunately, regardless of the diligent work and excellent intentions of our trade negotiators, the bi-lateral and multi-lateral agreements we have entered into are not serving America well, especially the interests of American agriculture. The evidence of our trade failures is undeniable. Over the last four years, the U.S. trade deficit has grown exponentially. This year, in spite of the Trade Promotion Authority enjoyed by the President and the plethora of agreements brought before this body, America's trade deficit is the largest it has been in nearly fifty years. More alarming is the fact that this year, though the U.S. dollar is valued well-below most other currencies, our nation will import more goods than it exports. For the sake of the American agricultural economy, we must do better. We must make a serious evaluation of the way in which we conduct trade, beginning with the agreements we negotiate. I am reminded of a quote from the distinguished former Ranking Member of the House Agriculture Committee, Charlie Stenholm: ``When you find yourself in a hole, stop digging.'' In conclusion, my vote today was a vote of protest. I truly hope and fully expect that we will successfully enter and engage in the WTO process. However, I believe it is time for the Administration to acknowledge that all of us who are concerned about American agricultural trade policy are dissatisfied. The ``yea'' vote I cast last Thursday is my message to the Administration and my colleagues in Congress that we absolutely must develop a new trade strategy. And, throughout that deliberation, American agriculture must have a seat at the table.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor the memory of Mr. Fred Martella of Hanford, California. He is survived by his daughters, Loretta Montgomery, Barbara Caviezel and Celine Henning; his brother Art Martella; and his sisters Virginia Ribeiro, Dorothy Vierra and Violet Vierra. Mr. Martella's passing marks the end of a golden era. Mr. Martella is remembered by all in the Hanford community as a kind, giving and persistently optimistic citizen. He met each challenge in life with a unique energy and spirit. Mr. Martella's commitment to his family dates back to 1933 when he quit high school to dedicate his time to milking cows on the family farm. Undaunted by not having received a high school diploma, he successfully ran the farm and dairy, a testament to the adage that hard work and perseverance pay off. As the years passed, Mr. Martella became well-known in the community through his volunteer activities, civic engagements, and random acts of kindness. He was a member of the Knights of Columbus, Elks Lodge, Sons of Italy, California Holstein Association, and Kings County Citizens for a Healthy Environment. Despite managing the farm and dairy and participating in numerous organizations, Mr. Martella miraculously found time to help others. When it came to his attention that St. Rose-McCarthy School did not have computers, he helped collect $80,000 in donations for the school. He also assisted students of the Future Farmers of America association by finding buyers for Holstein heifers and cleaning up the grounds at the Kings County Fair. Mr. Martella's record of community service goes on forever, and the community honored him many times for his efforts. Mr. Martella was Dairyman of the Year twice, Distinguished Citizen of the Year in 1993 and received countless other 4-H and Future Farmers of America Awards. Yet, in the face of all of these awards, he remained a humble servant of the community. Fred Martella had a zest for life and an infectious smile and sense of humor. He serves as a prime example of how we should all live our lives. Although he will be greatly missed, his memory will live on among the many people whose lives he touched.

Mr. COSTA

Mr. COSTA. Mr. Speaker, I rise today to honor the memory of Mr. Spalding Wathen of Fresno, California. Mr. Wathen served his country and his community with remarkable distinction. He is survived by his wife Della Ann Wathen and five daughters, Judy, Shelley, Leslie, Terry and Cindy. On this day, we mourn his passing, but also celebrate his life. Born in Fresno on March 1, 1925, Mr. Wathen attended Roosevelt High School. Upon graduation he joined the military and served as a Navy pilot in World War II. After the war, Mr. Wathen returned to California where he continued his education at the University of California, Berkeley and received a Bachelor of Science in civil engineering. Mr. Wathen was a member of the Chi Epsilon and Tau Beta Pi Engineering Scholastic Fraternities and graduated at the top of his class. Upon returning to Fresno, Mr. Wathen received his contractor and real estate broker licenses. His life is a fitting example of the motto: ``Hard work pays off.'' Mr. Wathen was Chief Executive Officer of Wathen Brothers, Headliner Homes and Mansionette Homes. His businesses are well known and respected for their committed effort to combine fine workmanship with affordable housing. Mr. Wathen's business endeavors and civic mindedness brought him into contact with many community groups who recognized and applauded his efforts. He served as the President of the Builders Industry Association four times and was inducted into the West Coast Builders Association Hall of Fame in 1996. Mr. Wathen was also one of a select number of builders who were granted the Oscar Spano Award for Lifetime Achievement. Within the community, Mr. Wathen will be remembered as a true visionary and a strong employer of local citizens. While Mr. Wathen had a keen eye for business ventures, he was also a community advocate who dedicated himself to giving back to the community that had allowed him to succeed. His numerous donations include the Fresno State University Tennis Center, the 33 acres of land upon which St. Agnes Medical Center was built, and the 10-acre site for the new Holy Spirit Catholic Church. Mr. Wathen was also a founding member of the Board of Directors for the Bank of Fresno. The passing of Spalding Wathen has left a community in mourning. We have lost a passionate businessperson, a true leader and a committed advocate. His memory will live on, however, in the many lives he touched along the way.