George Miller

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I want to thank the gentleman from California (Mr. McClintock) for his comments, and what he said is one of the reasons why this park district has such a high level of support among its citizens. They voted many times to tax themselves, knowing this money was going to be wisely used and they were going to get a good and a fair bargain for all parties involved. At this time, I yield such time as he may consume to Congressman Pete Stark, another longtime supporter and beneficiary of the East Bay Regional Park system.

Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the balance of my time.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. I have an amendment at the desk.

Mr. GEORGE MILLER of California. I yield myself 3 minutes. Mr. Chairman, in much of the history of the United States, and certainly in the most recent history of the United States, we have made a decision to build much of our economy on the backs of the best and the brightest that this country has to offer; to go to the research universities and to other universities and develop grants from Federal agencies to the National Science Foundation, from NIH and from the other agencies to do the research necessary to drive basic discovery, and to drive from that discovery innovation, and from that innovation economic growth. And its served this economy and it's served this Nation very, very well over the last 50 years. But we have a problem here. We have a situation where the best and the brightest people, among the most talented, a select group of people, the postdoctoral individuals, people who've had their master's degrees and their Ph.D.'s in sciences and engineering and mathematics and a whole range of fields participate in that research. They, in many instances, write the grants for that research. The grants are awarded to the universities based upon their work. Those grants provide for escalators so that the principal investigator and the postdocs that he hires, those very bright graduates of our university system to run the labs, to do the research, to assist that individual, that they be provided for. And yet we find out that in many instances, universities are withholding information that these students have an absolute right under State law to have. And that right is to understand how they are paid and the availability of money in these grants for their increases. In most of these grants, the Federal institutions and others require that escalators be built into. The universities require when the postdocs and the principal investigators write these grants to submit to the Federal Government and to the agencies that they include an escalator. And what are the universities doing? In the case of University of California, Berkeley, they withhold. They then take 53 percent in overhead charges. So in a $1 million grant, they get an additional over $500,000 to administer that grant. They take that share of the escalators for themselves, but they don't pass it on to these brilliant young people who are also now--because they've postponed, in many instances, having a family and buying a home, they now become among the lowest-paid people in the region. All this amendment says is, if they are entitled to the information under the law, that the university should have to provide it. The University of California has been telling these postdocs and telling the Congress of the United States for over a year that they would provide this information, and they have failed to do that. So what we're saying is that these students are entitled to the law, to that information. It creates no new right. It creates nothing new in collective bargaining. This is not the purpose. The purpose is to--the information that they are entitled to under the law they have. This is really about the very contracts that the university is administering. And yet a year later after the request by both Members of Congress and the postdoc graduates, they're told that the information is not available. If the information isn't available, it raises questions about the overhead, the $850 million that the University of California took for the purposes of administering these grants. I reserve the balance of my time.

Mr. GEORGE MILLER of California. Mr. Chairman, this has really nothing to do with labor law. The question is whether the postdoctorate employees of the university who are involved in running these very sophisticated labs and experiments and research, whether or not they get the information that they are entitled to under the law. It only applies in those areas where there is an agreement. Many universities don't have this, some do. But the point of the matter is that if these young people are not able to provide for themselves, we are going to take talented people and they are going to leave the scientific field. They were given these grants because they are among the best grants in the country. They were peer-reviewed. A decision was made that this is the science that is worth pursuing in the interest of this country in a whole range of fields, whether it is in space or energy or food, whatever it is. That is the point. Yet these people are among the lowest-paid people in the country, with the most education, with the most talent. All we are saying is give them the information so they can see if there is any restrictions on passing through a portion of, or whatever they can agree to, of the escalators that are built into these agreements. The university is taking its cut off the top without asking anybody, but somehow the postdocs aren't even entitled to that information or the graduate students aren't entitled to that information under the current policy. It is simply not fair, and it is going to be very discouraging to extremely talented people that we have placed a bet on. This legislation places a bet on the intellectual talent and the curiosity and the skills of these individuals to drive the next generation of innovation, to drive the next generation of economic growth, to drive the next generation of discovery. That is what this is about. That is what it should be about. But we can't do that by mistreating the very talent pool that is so critical to our success. This is just a simple request for information. It does not provide any additional rights to anyone that don't exist today. And I think it is time that we recognize the needs of these individuals, of their families, if we are going to retain them in the scientific endeavor of which they have spent most of their life pursuing, and they are obviously very accomplished at this and they are a vital, vital asset to this Nation. I urge my colleagues to support this amendment, and I want to thank the chairman of the committee for his support of this legislation.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Madam Speaker, I rise today to pay tribute to Walter J. Bishop on the occasion of his retirement after 18 years as the general manager of the Contra Costa Water District in California. Wally Bishop has served as the general manager for the Contra Costa Water District, which supplies water to 550,000 people, during some very important and critical periods. Over this time, he has been a tireless--some might even say relentless--leader for the Contra Costa Water District, making significant contributions not only at the local and regional level but to statewide and national water policy as well. He has worked throughout his tenure to improve our region's drinking water quality, to secure a sustainable water supply, and to restore and protect the Bay-Delta ecosystem. I am pleased to be able to say that I have worked with him on many of his successes, and as some of my colleagues know, he can be a formidable adversary as well. Although nothing comes easily in California water, Mr. Bishop has succeeded in putting Contra Costa Water District at the forefront of responsible and sustainable water management in the State. Under his direction, the Los Vaqueros Reservoir Project was the first major reservoir to be permitted and constructed in California in more than a decade, and the water district's ongoing reservoir expansion project, intake relocation, and screening efforts will not only improve Contra Costa's water supply but provide important statewide economic and environmental benefits as well. A registered civil engineer, Wally Bishop has been honored many times by his profession and by the larger water and engineering communities. In addition to the awards presented to Contra Costa Water District under his leadership, he has personally been honored with the American Society of Civil Engineer's Award for Achievement in Environmental Engineering/Government Service and the American Public Works Association's Charles Nichols Award for Leadership and Innovative Management. He has also served with distinction in national leadership roles, including as the chair of the Water Research Foundation and on the board of directors of the American Water Works Association, and he has been appointed to two terms on the Environmental Protection Agency's National Drinking Water Advisory Council. Thanks in large part to Wally Bishop's leadership, the Contra Costa Water District is today in an excellent position to face the challenges of the 21st century. This is no accident: He is one of the true innovators and strategic thinkers in California water matters, and he and his staff have worked tirelessly throughout his tenure. I ask my colleagues to join me in congratulating Wally Bishop on his retirement, and to thank him for his many years of public service. He is leaving big shoes to fill, and I hope that in addition to spending more time with his wife Patty, he will continue to contribute his energy and his ideas to the world of California water.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. I thank the gentleman for yielding. Mr. Chairman, I rise in support of H.R. 2499, the Puerto Rico Democracy Act, introduced by our colleague, Mr. Pierluisi. Many of us on the Natural Resources Committee, including myself, Mr. Rahall, and Mr. Young, have been grappling with this issue of political status for Puerto Rico for decades, and we each have the scars to prove it. We have held numerous hearings over the years in Washington and in Puerto Rico. We have listened to the representatives of not only the political parties, but the citizens of Puerto Rico, and we've heard testimony from across the spectrum, including the representatives of each of the political parties in Puerto Rico. In light of all that experience, I am convinced that Congress must provide the people of Puerto Rico the opportunity to voice their preferences. That is what today's legislation would do, a fair opportunity for a self- determination process. Puerto Rico has been a territory for 112 years, and it has been an important part of this country in peacetime and in war. Four million residents of Puerto Rico are American citizens and they are bound by Federal law, and yet Congress has never asked Puerto Ricans to officially express their views on the island's political status. This legislation does not bind future Congresses. H.R. 2499 doesn't require the Federal Government to create a Puerto Rican state, nor does it force us to work toward Puerto Rican independence. This bill simply asks the citizens of Puerto Rico whether they want to remain a U.S. territory in their current status or whether they would prefer another political status. And if it turns out they favor another political status, another vote would then be authorized to determine which status option they prefer. Considering the context and the history wrapped up in this issue, this legislation is as fair as you can possibly expect. I would hope that this House would respond by passing this legislation and sending the message to the people of Puerto Rico that Congress would welcome their telling us what they prefer their status to be. That is a choice that they will make in a free and open process, and they can proceed to the second question or not. But we will have asked them, instead of what we've seen in the past is people scrambling, depending upon political advantage in Puerto Rico, one particular time trying to rush to get a vote or get a statement or get a plebiscite. This is a process that's set out, it's fair, and we should support it.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. I thank the gentlewoman for yielding and I thank the subcommittee chair for all of her work on behalf of workers in our country and her leadership on not only worker issues but also family issues as workers struggle to keep family and the workplace together and in sync from time to time. I also want to thank Congresswoman Eddie Bernice Johnson for her introduction of this resolution for Workers' Memorial Day and to all of the members of the committee who have supported it, to Mr. Petri for his support. This is the 21st annual Workers' Memorial Day, a day to honor workers who have lost their lives or become sick or injured because of the unsafe and unhealthy workplaces in the past year. Our Nation's workers have had a tough year. Last Sunday, our Nation paused to remember 29 fallen miners in the Upper Big Branch mine, the worst U.S. coal mining accident since 1970. Upper Big Branch was not the only horrific workplace catastrophe this year. Last week 11 workers died in an explosion on the Deepwater Horizon oil rig in the Gulf of Mexico. Three days before the blast at Upper Big Branch, seven workers perished in an explosion at a refinery near Seattle. This comes after a devastating explosion at a power plant under construction in Connecticut, which cost six workers their lives. These explosions are a reminder that while we have made some strides in workplace safety, unacceptable risks still remain for our workers. Fourteen workers die on the job every day. We have to do better. Take the Upper Big Branch mine: 2 months ago, my committee learned about how many mine operators managed to avoid some of the tougher sanctions implemented after the Sago mine explosion. While some have made safety a priority, others have responded by indiscriminately challenging nearly every safety citation. By flooding the system with unwarranted appeals, these companies have been able to avoid full accountability for their actions. The consequences of these delays can be deadly. Last August, the Mine Safety and Health Administration identified 48 mines that were able to escape the possibility of tougher scrutiny because of these unresolved appeals. Upper Big Branch mine was one of them. So was the nearby Pocahontas mine, where a worker was killed last week. Loopholes in our safety laws aren't exclusive to mining. Sadly, penalties for companies that violate health and safety laws are woefully outdated. Multimillion-dollar corporations often face little more than a slap on the wrist for potentially fatal violations. Without effective enforcement, it's easy for bad actors to become repeat offenders. Without adequate whistleblower protections, workers who want to report hazards often live in fear of retribution. According to the New York Times, one Upper Big Branch foreman recalled, ``I have had guys come to me and cry,'' because they were too afraid to report concerns about high methane levels in the mine. Workers shouldn't have to choose between losing their lives and losing their jobs. These tragedies call for immediate reforms that will make all workplaces safer. First, we must allocate funding that will start to clear the backlog of the mine safety appeals. Second, we need to look at outdated and ineffective laws that continue to allow companies to put workers in harm's way. In 2008, I authored legislation that would have strengthened the mine disaster prevention efforts, improved emergency responses, and reduced long-term health risks to miners. The S-MINER Act passed the House, but died in the Senate because of a veto threat. We don't know yet if it would have prevented the Upper Big Branch tragedy, but it certainly could have helped. Finally, Congress should pass the Protecting America's Workers Act. This bill will modernize safety protections for workers across all industries through stronger penalties, effective whistleblower protections, and meaningful accountability when employers break the law. Four years ago, I made a promise to the families who lost a loved one in the Sago, Darby, and Aracoma Alma mine disasters. I told them we would do everything we could to heed the lessons of those disasters and keep miners safe. Unfortunately, I've had to make the same promise to families at the Crandall Canyon mine disaster and now the Upper Big Branch mine disaster. This has got to stop. On this Workers' Memorial Day, it's time to live up to this promise for all the families of workers who have lost their lives on the job-- and all working men and women across this country. We cannot afford to let another year go by without meaningful reform.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Madam Speaker, I rose on February 3rd to pay tribute to Arthur H. Rosenfeld for his lifetime of service and leadership on energy conservation, on behalf of myself and the following members: Representatives Henry Waxman, Lois Capps, Grace Napolitano, Laura Richardson, Lucille Roybal-Allard, Jackie Speier, Jane Harman, Doris Matsui, Brad Sherman, Howard Berman, John Garamendi, Michael M. Honda, Bob Filner, and Zoe Lofgren. I would like to submit for the Record a letter sent by members of the California congressional delegation to Mr. Rosenfeld on the occasion of his retirement as a member of the California Energy Commission. Dear Art: Please accept our good wishes on your retirement as a member of the California Energy Commission. For over half a century, you have led the energy efficiency movement in California and nationally. As a result of your inspiration and innovative leadership, offices and homes throughout California, and the appliances our residents purchase, are more energy efficient than ever before. Californians today use no more energy than they did three decades ago. New energy efficiency mandates you have sponsored are expected to deliver energy dividends of $8 billion or more over the next decade. As you have often said, ``the cheapest energy is what you don't use.'' California's economy is more productive and efficient, our air is cleaner, and our energy industries and research centers are more dynamic because of your work. You have changed the thinking of industry and government, and changed the habits of Californians from all walks of life in terms of how we think about and use energy on a daily basis. These are exceptional achievements, and they are a lasting legacy of an exemplary career in public service. Your work has dramatically improved our public policy--not only in California but across the nation. Accordingly, as members of the California Congressional delegation, we want to take public note of your work, to thank you for your unstinting public service, and to express our appreciation for all you have done to benefit our State, to promote America's energy security, and to shine a light that will help lead the way to a clean energy future for our country in the 21st century.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. I thank the gentleman for yielding. I want to thank both of my colleagues from Oklahoma for this resolution. Mr. Speaker, I had the great honor of working with Chief Wilma Mankiller in my service on the Resources Committee and as Chair of that committee. She was a magnificent person, and we honor her as one of the great women in American history. She was all of the things that my colleagues have said, but when she came through your door, you knew you were about to do business. She was also very quick to humor and very often would use humor as well as she would use knowledge in disarming those who opposed her.

Mr. GEORGE MILLER of California. I had a real opportunity to work integrally with her on the issues of sovereignty at a time when the Supreme Court was attacking at that moment some very essential parts of tribal sovereignty. I am sorry to hear of her passing; but I have great, great memories of working with her, of her leadership, of her advocacy, of her passion, and of her running so true to her values no matter what the situation. If she couldn't succeed today, she'd be back tomorrow. Very often, she was. Thank you again so very much for this resolution, which recognizes the contributions of this outstanding woman to the history of our country.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 1236) honoring the coal miners who perished in the Upper Big Branch Mine-South in Raleigh County, West Virginia, extending condolences to their families and recognizing the valiant efforts of emergency response workers at the mine disaster.

Mr. GEORGE MILLER of California. Mr. Speaker, I request 5 legislative days during which Members may revise and extend their remarks and include extraneous material on House Resolution 1236 into the Record.

Mr. GEORGE MILLER of California. At this time, I yield 7 minutes to the gentleman from West Virginia (Mr. Rahall).

Mr. GEORGE MILLER of California. I yield 3 minutes to the gentleman from West Virginia (Mr. Mollohan).

Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself 3 minutes. As my colleagues have recounted, on Monday, April 5, an explosion rocked the Upper Big Branch Coal Mine in Montcoal, West Virginia, killing 29 miners and injuring others. This was the worst mine disaster in the United States in almost four decades. For over two centuries, millions of West Virginians' livelihoods have depended on extracting the State's richest coal deposits. Coal has left an indelible mark on the communities throughout West Virginia and Appalachia. For many of these communities, the mine may be the only way to earn a decent living. These miners are proud of their work and their contribution to the American economy. Coal is in their blood, it is in their tradition, and it is their career. But we also know that underground mining is one of the most dangerous jobs in the world. Every day miners show up for their shift knowing that there is a chance that they may not return to their families, yet they show up every day. At 3:30 p.m., during the shift change, a massive explosion ripped through the Upper Big Branch Mine and took the lives of 29 miners and sent others to the hospital. While the cause of this tragedy is still under investigation, today we memorialize those 29 miners who perished. Our Nation sends our deepest condolences to those who have suffered this terrible loss. We extend our heartfelt sympathies to families who have lost a husband, a father, a brother, a son, or more. Those thoughts are with you and your communities in your suffering these devastating losses. These losses will remain long after the headlines fade from national attention. Today we also recognize the valiant efforts of the many rescue teams, who in many cases traveled long distances and risked their lives in hopes of saving their fellow miners. Many rescuers had to evacuate the mine at least four times as a result of explosive levels of methane gas. These brave men and women, who worked around the clock day after day, have the appreciation of this Congress and this Nation for their selfless efforts. I would also like to recognize Congressman Nick Rahall, who grew up in Beckley, West Virginia, only a few miles south of the mine. Congressman Rahall sponsored this resolution and provided the much- needed rock of support for his constituents during this disaster. Reports have come back to me of his consoling and listening to families, neighbors, and friends in his community. I know how much these families appreciate his support and those efforts. Over the last few years I have met many families who have suffered similar tragic losses in mining disasters. And what I have learned is that the impacts of these disasters far range what we see in the general society because of the history of these communities, the culture of these communities, the work ethic in these communities. These tragedies spread across in an indelible way with the loss of a single miner. In the face of these overwhelming tragedies, these families are showing incredible strength and determination. I made a promise to the families of Sago, to Aracoma Alma, to Darby, to Crandall Canyon that we would do everything in our power to uncover the cause of these tragedies and do everything possible to prevent other miners from suffering these similar fates. I want to extend that same promise to these families of Upper Big Branch Mine and to the miners in the community, that we will continue that promise and to get to the bottom of this tragic incident. They paid the ultimate price in doing the job our Nation depends upon. Every miner who goes to work every day must be able to return home safely to their families at the end of that shift. And Congress has an obligation to ensure that that remains the case. I reserve the balance of my time.

Mr. GEORGE MILLER of California. Mr. Speaker, I yield 3 minutes to the gentlewoman from California (Ms. Woolsey), subcommittee chairman of Workforce Protections.

Mr. GEORGE MILLER of California. Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Hare).

Mr. GEORGE MILLER of California. Mr. Speaker, I yield 1 minute to the gentleman from West Virginia (Mr. Rahall).

Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself 30 seconds. I appreciate the remarks of the gentleman from West Virginia (Mr. Rahall). But, tragically, we have been through this before. It's clearly the intent of the chair to work with the entire delegation. I tried to state it, maybe not as articulately as I had hoped to, but we fully understand that these tragedies in the mining community are felt across the State. They are felt across the region. The deaths may be isolated, but because of the history and the culture and the economy of these regions, we know that they are felt across the region, and we expect to work with the entire delegation and with the Senate delegation as we try to uncover what has taken place here with the tragedy that existed. With that, Mr. Speaker, I yield 1 minute to the Speaker of the House, the gentlewoman from California (Ms. Pelosi).

Mr. GEORGE MILLER of California. Mr. Speaker, I encourage all of my colleagues to support this resolution. I thank the gentlewoman for her presentation of this resolution, and for all of those who participated in the debate.

Mr. GEORGE MILLER of California. I yield back the balance of my time.

Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the yeas and nays.

Mr. GEORGE MILLER of California

Mr. GEORGE MILLER of California. Mr. Speaker, pursuant to House Resolution 1225, I call up the bill (H.R. 4872) to provide for reconciliation pursuant to Title II of the concurrent resolution on the budget for fiscal year 2010 (S. Con. Res. 13), with the Senate amendments thereto, and ask for its immediate consideration.

Mr. GEORGE MILLER of California. Mr. Speaker, I have a motion at the desk.