Judy Chu

Ms. CHU

Ms. CHU. Madam Speaker, I was absent on December 22, 2010. Had I been present, I would have voted ``yes'' on H.R. 847--James Zadroga 9/11 Health and Compensation Act.

Ms. CHU

Ms. CHU. Madam Speaker, I was absent on December 21, 2010. Had I been present, I would have voted ``yes'' on the following: H. Res. 1771--Same Day Consideration Rule; H.R. 6540--To require the Secretary of Defense, in awarding a contract for the KC-X Aerial Refueling Aircraft Program, to consider any unfair competitive advantage that an offeror may possess (Rep. Inslee--Armed Services) Suspension bill; Motion to Concur in the Senate Amendment to H.R. 5116--America COMPETES Reauthorization Act of 2010 (Rep. Gordon-- Science and Technology); Motion to Concur in the Senate Amendment to H.R. 2142--Government Efficiency, Effectiveness, and Performance Improvement Act (Rep. Cuellar--Oversight and Government Reform); Motion to Concur in the Senate Amendment to H.R. 2751--FDA Food Safety Modernization Act (Reps. Waxman/Dingell--Energy and Commerce); S. 3243--Anti-Border Corruption Act of 2010 (Sen. Pryor/Rep. Shuler-- Homeland Security) Suspension bill; Motion to Concur in the Senate Amendment to H.R. 3082--Making Further Continuing Appropriations for Fiscal Year 2011 (Rep. Obey-- Appropriations); H.R. 6547--To amend the Elementary and Secondary Education Act of 1965 to require criminal background checks for school employees (Rep. George Miller--Education and Labor) Suspension bill.

Ms. CHU

Ms. CHU. I yield myself such time as I may consume. Mr. Speaker, on November 19, the Senate passed an amended version of H.R. 6198, the Bankruptcy Technical Corrections Act of 2010. H.R. 6198 makes a series of purely technical corrections in response to certain drafting errors resulting from the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The Senate amendment simply removes from the bill a provision that corrected a misnumbered paragraph. It is our understanding that some believe that this provision, which corrects a clear error in bankruptcy law, may possibly cause confusion with respect to other laws that currently contain cross-references to the incorrectly numbered paragraph. While some might question the need for the Senate amendment, we are willing to accommodate the concern. Accordingly, I urge my colleagues to concur in the Senate amendment to H.R. 6198. I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I yield back the balance of my time.

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Ms. CHU. Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 6198) to amend title 11 of the United States Code to make technical corrections; and for related purposes.

Ms. CHU

Ms. CHU. Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 628) to establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges.

Ms. CHU. I yield myself such time as I may consume. Mr. Speaker, this bill seeks to create a pilot program that will enhance district court expertise in patent cases. Patent litigation is complex and highly technical. This makes litigation expensive, time consuming, and unpredictable. Moreover, the reversal rate of district court decisions is high, hovering around 50 percent. The bill before us today, H.R. 628, seeks to increase efficiency and consistency in patent and plant variety protection litigation and reduce the reversal rate. The pilot program created by this bill would enable interested judges in certain district courts to develop expertise in adjudicating patent and plant variety protection cases. This will create a cadre of judges who have advanced knowledge of patent and plant variety protection due to more intensified experience in handling the cases, along with special education and career development opportunities. By providing judges with more training and experience in patent law, this country will have fairer and more predictable decisions resulting in a positive effect on the economy as a whole, as businesses will be able to allocate more time to inventing and less time litigating. The program would involve six of the Nation's 94 judicial districts on a strictly voluntary basis. Note this is just a pilot program; and unless Congress chooses to renew it, it will automatically expire after 10 years. The bill mandates reporting requirements to Congress that will help guide our future efforts to further improve the patent system. We will monitor the effects of this program closely. H.R. 628 has bipartisan support in the Judiciary Committee and broad support from the patent bar and affected industry and trade groups. In 2006, a nearly identical bill, H.R. 5418, was reported by the Judiciary Committee and passed the House under suspension. The legislation passed the House again under suspension in the last Congress. This Congress, back in March of 2009, this House passed H.R. 628. This amended version before us today expands the number of districts that are eligible to be chosen for this program. I want to particularly note the efforts of my friends on both sides of the aisle, Representative Issa and Representative Schiff, whose tireless and substantial personal efforts shepherded this bill from start to finish--and we are close to the finish line. I urge my colleagues to once again join me in supporting this bill. I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from California (Mr. Schiff), the sponsor of the bill.

Ms. CHU. Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I yield back the balance of my time

Ms. CHU. 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.

Ms. CHU. I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Ms. CHU

Ms. CHU. I yield myself such time as I may consume. Mr. Speaker, H.R. 1107 codifies into positive law as title 41, United States Code, certain general and permanent laws related to public contracts. This is a noncontroversial bill that is not intended to make any substantive changes in the law. The Office of Law Revision Counsel periodically suggests to the committee of jurisdiction appropriate revisions to the United States Code in light of the enactment of codified laws. These changes are purely technical in nature. As is typical with the codification process, a number of non-substantive revisions are made, including the reorganization of sections into a more coherent overall structure. Similar legislation has been introduced and favorably reported in each of the past two Congresses. It passed the House in May of last year. While it has been awaiting action in the Senate, a few additional technical corrections were identified, and they have been incorporated in the version that passed the Senate and that we are considering today. I urge my colleagues to support this legislation. I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 1107) to enact certain laws relating to public contracts as title 41, United States Code, ``Public Contracts''.

Ms. CHU. Mr. Speaker, I yield back the balance of my time.

Ms. CHU. 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.

Ms. CHU. I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Ms. CHU

Ms. CHU. I yield myself such time as I may consume. Mr. Speaker, the Preserving Foreign Criminal Assets for Forfeiture Act of 2010 will ensure that U.S. courts can freeze assets while foreign legal proceedings are pending. This fix permits Federal law enforcement to assist foreign governments without waiting for a final judgment in a foreign court. I want to tell you a story that highlights the importance of this legislation. Years ago, I met a bright young man named Bobby Salcedo, who grew up in my district it in El Monte, California. What struck me right away was Bobby's dedication to improving the lives of children and residents of his community. It was that dedication that gave him his incredible energy and passion to achieve as much as he did. He was an elected member of the El Monte School District. He returned to his alma mater, Mountain View High School, to become its assistant principal, and was studying for his doctorate in education at UCLA. Aside from his caring, selfless nature, Bobby was very intelligent, driven, and charismatic. It was clear to everyone who knew him that he was going somewhere. He was our rising star. A year ago, Bobby traveled to Gomez Palacio in the Mexican state of Durango to visit his wife's family for the holidays. On New Year's Eve, he was out with family and friends at a local restaurant when gunmen burst in and dragged Bobby, along with five other men, out of the restaurant at gunpoint. They were then each shot to death execution- style. The next day, all six bodies were found dumped in a ditch. Bobby was only 33 years old. After the investigation began, it was confirmed that none of the six murder victims were connected to the drug trade in any way. Bobby and the others were in the wrong place at the wrong time. Their deaths exemplify a growing number of innocent bystanders who are becoming victimized in the cartel violence in Mexico. It had seemed as though the situation could not get worse. However, only weeks after Bobby was so brutally murdered, the lead state investigator in his case was also shot dead. For me and thousands of others, Bobby's death is a symbol for both of our countries that progress for peace in Mexico must be made. We cannot allow the death of innocent bystanders or American citizens to pass without consequences. Until there is true accountability for the violence, there is little incentive for the drug lords to keep the peace. In my conversations with law enforcement, I hear the same thing over and over again. In order to stop this wave of violence on the border and protect both American and Mexican citizens, we must hit the cartels where it hurts the most--their bank accounts and property, which are often located in the United States. So when I heard that Federal courts had severely limited law enforcement's ability to freeze foreign assets in the United States at the request of foreign governments, I had to act. In 2000, Congress passed the Civil Asset Forfeiture Reform Act of 2000, which authorized Federal courts to assist foreign nations by freezing assets located in the United States while individuals stood trial in foreign courts. This process is consistent with our treaty obligations and, under those same international agreements, foreign courts will offer the United States similar assistance with assets located overseas. This law is an important tool to fight organized crime, money laundering, and drug trafficking. It allows the U.S. to assist foreign governments in cutting the money supply to international criminal organizations. Earlier this year, however, Federal courts interpreted the statute to apply only after a final decision has been reached in a foreign court proceeding. After the decision, law enforcement had no way to prevent illicit property from being moved out of our grasp before it was too late. In the past few months, our government has been unable to protect more than $550 million that had been identified for forfeiture by foreign governments. This money will remain a continuing resource for criminal organizations, allowing them to fund extensive additional criminal activity. The bill we are considering today includes due process protections similar to those used for restraining orders in anticipation of domestic forfeiture judgments. It also requires the courts to verify that the relevant foreign tribunal observes due process protections, has subject matter jurisdiction, and is not acting as a result of fraud. This is just one small step to ensure that international criminal organizations like the cartels that murdered Bobby Salcedo have fewer resources to evade prosecution. It is for Bobby, his family, and the thousands of others who have been affected by cartel violence around the world that I fought to pass this important legislation. I thank the chairman of the Judiciary Committee for allowing this bill to come to the floor so quickly, and I want to recognize the steadfast bipartisan support of my friend, Judge Ted Poe, and our colleagues in the Senate, Senators Whitehouse and Cornyn. This bill has the support of the Department of Justice, which is eager to use this tool to protect our borders and make the world a safer place. I urge my colleagues to support this important legislation. I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Ms. CHU. I reserve the balance of my time.

Ms. CHU. Mr. Speaker, I yield back the balance of my time.

Ms. CHU. Mr. Speaker, I move to suspend the rules and pass the bill (S. 4005) to amend title 28, United States Code, to prevent the proceeds or instrumentalities of foreign crime located in the United States from being shielded from foreign forfeiture proceedings.

Ms. CHU

Ms. CHU. Madam Speaker, I yield myself such time as I may consume. S. 1774 is an immigration relief bill for Hotaru Nakama Ferschke. By now the story of Mrs. Ferschke and her late husband, Marine Sergeant Michael H. Ferschke, Jr., should be well known to Members of the House. The couple met in March 2007 when Sergeant Ferschke was stationed at Camp Schwab in Okinawa, Japan. They dated for more than 1 year before Sergeant Ferschke was deployed to Iraq. Shortly before his departure, they learned that they were going to have a baby. They spoke about getting married, moving back to the United States, and raising a family together. Two months after arriving in Iraq, they were married through a ceremony conducted over the telephone. But just 1 month later, Sergeant Ferschke tragically lost his life in combat. The United States military recognizes the couple's marriage for purposes of providing Mrs. Ferschke with a death gratuity. But our immigration laws recognize only proxy marriages that have been consummated, something this couple was never able to do following the marriage. As a result, Mrs. Ferschke has been unable to move to the United States on an immigrant visa, and her hopes of raising their son with the love and support of Sergeant Ferschke's family have been thwarted. Last month, the House passed H.R. 6397, the Marine Sergeant Michael H. Ferschke, Jr. Memorial Act. The purpose of that bill was to fix Mrs. Ferschke's situation and to ensure that no other family is left in a similar situation. Because that bill remains stuck in the Senate, a relief bill for Mrs. Ferschke is the only way to right this wrong. I commend Senators Webb, Alexander, Corker, and Udall for introducing this bill in the Senate, and Representative John Duncan for his work on a companion bill in the House. I would also recognize Judiciary Committee Chairman John Conyers, Immigration Subcommittee Chairwoman Zoe Lofgren, and Judiciary Committee Ranking Member Lamar Smith for helping to move this bill to the floor. I urge my colleagues to support this important legislation. U.S. Department of Homeland Security, Washington, DC., March 5, 2010. Hon. Zoe Lofgren, Chair, Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Committee on the Judiciary, House of Representatives, Washington, DC. Dear Madam Chair: In response to your request for a report relative to H.R. 3182, private legislation for the relief of Hotaru Nakama Ferschke, enclosed is a memorandum of information concerning the beneficiary. This report is an update of one previously provided your committee on February 26, 2010, revised to reflect additional information provided by your staff. The bill provides that the beneficiary shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of the Immigration and Nationality Act or for adjustment of status to lawful permanent resident. We hope the information provided is useful. Please do not hesitate to call me if you have additional questions. Sincerely, Elliot Williams, Director. Department of Homeland Security U.S. Immigration and Customs Enforcement Memorandum of Information for H.R. 3182, 111th Congress On July 10, 2009, Rep. John Duncan (R-TN) introduced H.R. 3182, private legislation to provide immigration relief for Mrs. Hotaru Ferschke. This is the first private bill filed on her behalf. The beneficiary is the widow of Michael Harvey Ferschke, Jr., a United States Marine who was killed-in-action August 10, 2008, as a result of a gunshot wound received as a member of a dismounted patrol that was conducting combat operations in Tikrit, Iraq. Mr. Ferschke passed away before an I-130 immediate relative petition could be filed on Ms. Ferschke's behalf. Mrs. Hotaru Ferschke was born on October 20, 1983, and is a native and citizen of Japan. Mrs. Hotaru Ferschke has entered the United States 3 times as a temporary visitor. She entered the United States on December 12, 2007, August 15, 2008, and February 27, 2009. Each time she came to the U.S. she complied with the terms of her visa and departed before her visa expired. Ms. Ferschke has never been placed in removal proceedings or ordered removed. Mrs. Hotaru Ferschke met her husband while he was stationed at the U.S. Marine base in Okinawa, Japan. They traveled to the United States from December 22, 2007, through December 30, 2007, for the Christmas holiday, where she met Michael's parents, Mr. Michael H. Ferschke, and Mrs. Robin Ferschke. When Michael Ferschke, Jr. received orders to deploy to Iraq, Hotaru, who was pregnant, remained in Okinawa. Michael Ferschke Jr. and Hotaru Nakama were married via teleconference on July 10, 2008, while he was in Iraq and she was in Japan. One month later, Michael was killed during Operation Iraqi Freedom in support of the Global War on Terrorism. On August 15, 2008, Mrs. Hotaru Ferschke returned to the United States to attend the funeral for her late husband in Maryville, Tennessee. She returned to Okinawa on August 31, 2008. On January 9, 2009, Mrs. Hotaru Ferschke gave birth to a son, Michael Harvey Ferschke III at the Chatan Hospital, Okinawa, Japan, and on February 27, 2009, she brought her newborn son to the United States. When in the United States, they reside with her late husband's parents in Tennessee. Neighbors have welcomed Hotaru and her new son into the community. Mrs. Ferschke is the daughter of Mr. Masaaki and Mrs. Takako Nakama, both of whom are natives and citizens of Japan. Mrs. Hotaru Ferschke resides with her mother and grandmother, Mitsu Shinzato. Mrs. Hotaru Ferschke is one of four children, between sisters, Madoka Kudaka and Reika Nakama and her half-sister NaNami Nakama. Mrs. Hotaru Ferschke attended Okinawa Christian Junior College where she majored in English. Mrs. Hotaru Ferschke is currently employed as an Administrative Specialist with the United States Army's 83rd Ordnance Battalion CASB, Kadena Air Base Okinawa, Japan where she has been employed since August 2007. Prior to her employment with the 83rd Ordnance Battalion she was employed at the Camp Courtney Commissary, Unit 5156, as a sales clerk. Her annual salary is estimated to be $24,000.00 per year. Mrs. Hotaru Ferschke has seen substantial support from the community here in the United States. Mrs. Hotaru Ferschke is not employed in the United States. She is a new member of the American Widows Project, a support group for the wives and husbands of fallen U.S. soldiers. Record checks concerning criminal activity with U.S. Federal, state, and local law enforcement agencies revealed no derogatory information. Commercial databases revealed no known debts or encumbrances, foreign or domestic. Inquiries with neighbors of Mr. Michael H. Ferschke and Mrs. Robin Ferschke regarding Hotaru Ferschke revealed no derogatory information. I reserve the balance of my time.

Ms. CHU. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.