Jared Polis

Mr. POLIS

Mr. POLIS. Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 396) honoring the graduating Class of 2009 at the University of California, Merced, as amended.

Mr. POLIS

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

Mr. POLIS. I would like to encourage my colleagues to support the resolution. I yield back the balance of my time.

Mr. POLIS. Madam Speaker, I am pleased to recognize the gentlewoman from Connecticut (Ms. DeLauro) for 4 minutes.

Mr. POLIS

Mr. POLIS. Mr. Speaker, again I would like to express my appreciation for the work done by community colleges across our country and urge my colleagues to support this bill.

Mr. POLIS. Mr. Speaker, I would like to yield 4 minutes to the gentleman from North Carolina (Mr. Miller).

Mr. POLIS

Mr. POLIS. I yield myself such time as I may consume. Mr. Speaker, I rise today to support the designation of May 3-May 9, 2009, as ``National Charter Schools Week,'' and to recognize the growing charter school movement in our Nation. The charter school movement is grounded in the concepts of community empowerment and parental involvement. The core idea behind charter schools is simple, yet powerful; seeking to serve the unique needs of all children, local communities, parents and educators come together to design, create, and manage schools that provide a high quality education through innovation, flexibility, autonomy, and a focus on results. Sometimes people ask me, what is a charter school? A charter school is simply a governance model. It is site-based government, where the decisions of who runs the school and the curriculum are left up to the folks most directly involved with the outcome. Charter schools date back to 1991, when Minnesota enacted the first charter school legislation. California followed suit in 1992. My home State of Colorado soon joined the growing movement in 1993. Since their inception, charter schools have grown by leaps and bounds to address the various needs of our Nation's public school students. Diverse charter schools across the country offer innovative instruction. With site-based control and flexibility, charter schools can make timely decisions about how to structure the school day, which curriculum best suits the needs of their students, and what type of staff and staff development will enrich their school community. Additionally, charter schools form important community partnerships with parents and businesses. This week, charter schools across the country will celebrate the 10th annual National Charter Schools Week. This year's theme, ``Promoting Innovation and Excellence,'' was inspired by President Obama. It celebrates and encourages charter schools to continue to share their successes as part of the effort to reform public education in our country. As a former chairman of the Colorado State Board of Education and the founder and superintendent of a system of charter schools that empower new immigrants and English language learners to succeed and live the American Dream, I have seen firsthand how innovation in the education system can achieve remarkable results. I also cofounded a charter school serving youths who are homeless or in unstable living conditions, the Academy of Urban Learning. I know how the power of educational opportunity can transform lives and serve the most at-risk youth. All of the entrepreneurial creativity around charter schools has been an important part of serving all Americans across our country. Today, there are almost 4,700 charter schools operating in 40 States that have charter school legislation, as well as the District of Columbia. Their combined force serves over 1.4 million students, and 61 percent of charter schools report waiting lists. These waiting lists of nearly 365,000 students nationally are enough to fill over 1,100 new charter schools. To answer this growing need, between 300 and 400 new public charter schools open each year, and nearly 150,000 new students enroll in charter schools annually. The growing charter school movement is providing opportunities for many historically underserved communities. Nationally, charter schools disproportionately serve minority and low-income students. In fact, 58 percent of charter school students are minorities and 52 percent qualify for free and reduced lunch. Many charter schools are able to achieve impressive academic results. In the charter school that I ran, 85 percent of the students are English language learners. In Colorado, 78 percent of our charters made Adequate Yearly Progress, or AYP, last year, and 55 percent of charters were rated excellent or high. In the Second Congressional District of Colorado that I represent, over 14,000 students attend one of our 26 charter schools, and almost 8 out of 10 made Adequate Yearly Progress. Peak-to Peak Charter School in Lafayette was named by Newsweek the 40th best high school in the Nation, out of 27,000 public high schools--quite a distinction. It is the only school in Colorado to rank in the top 100. This follows Peak to Peak High School's recognition by U.S. News and World Report as a 2008 Gold Medal School, ranking 47th in the Nation, and one of only two Colorado schools to rank in the top 100. Mr. Speaker, once again, I express my heartfelt support for National Charter Schools Week and encourage all social entrepreneurs and activists across the country to include charter schools in their efforts to improve the quality of education for young people and recognize the charter school's movement, a 17-year history of providing a quality public education option based on innovation, flexibility, and community partnerships. I urge my colleagues to pass this resolution. Mr. Speaker, I reserve the balance of my time.

Mr. POLIS. Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on House Resolution 382 into the Record.

Mr. POLIS

Mr. POLIS. Mr. Chairman, I have an amendment at the desk.

Mr. POLIS. Mr. Chairman, I rise in support of my amendment to ensure that young Americans can continue to access credit and begin to establish a credit history and learn financial literacy. I would like to thank Congresswoman Maloney and her staff and Chairman Frank and his staff for bringing this important consumer protection bill to the floor and for consideration of my amendment. In my district of Colorado, financially responsible families who have paid their bills and been careful with credit have had the added insult of skyrocketing interest rates imposed by the very banks who caused the injury of this recession through their mismanagement. We need available credit and fair borrowing terms in order to restore our Nation's economic health. This bill is good for consumers and, by reducing defaults and increasing consumer confidence, it is also good for the financial services industry. Equitable terms will result in on- time payments, making bank balance sheets healthier. Management of credit is a matter of personal responsibility; however, to be truly accountable, the rules must be clear. The Credit Cardholders' Bill of Rights gives Americans the tools to be responsible with credit, and I urge its swift passage. Furthermore, Mr. Chairman, it is important to recognize the professionals in the lending industry who have been the champions of their customers. In Colorado, we have the Young Americans Center for Financial Education. This bank for young people is teaching the next generation how to use credit wisely and teaches about business development and investment. Many other banks and credit unions, realizing that the informed customer is the best customer, have offered financial literacy and counseling courses, and these efforts are to be applauded. Across the country, brokerage firms and even employers have taken action to inform people about financial services. I want to commend these efforts and encourage the entire industry to follow the example of these leaders. While regulatory reform is important, the blame for our economic woes does not rest solely on the shoulders of the finance industry or government regulation. We must also aggressively address our culture of financial illiteracy. According to the consumer financial literacy survey report released this week, 41 percent of American adults would give themselves a C or below for financial literacy. More troubling is the lack of knowledge about credit among younger Americans. We all know that the credit mistakes of youth can carry serious long-term consequences. If we expect the next generation of Americans to use credit responsibly, we must ensure that they are exposed to the tools of financial literacy at an early age. It's for this reason that I have offered this amendment that will continue to allow minors to have a credit card in their name under the supervision of their parent or guardian. Not only is the practical firsthand experience of credit critical to financial literacy and establishing credit and personal responsibility, but for many families it's also an important safeguard in emergency situations. The Credit Cardholders' Bill of Rights is the beginning of what needs to be a thorough discussion of making financial literacy universal. This economic crisis has created a new awareness of the importance of financial literacy, and I urge this Congress to support reforms not only in regulation but in education to ensure that familiarity of financial instruments give Americans of all ages access to increased credit, homeownership, higher education, and are able to build wealth. Today as we recognize the importance of financial literacy here on Capitol Hill, let's put words to action for young people back in our districts by protecting their ability to be introduced to credit. I ask my colleagues to support my amendment to ensure age-appropriate access to credit continues to be the law of the land, and I further ask my fellow Members of Congress to pass this bill to give our constituents the needed relief and reforms of the Credit Cardholders' Bill of Rights. I once again thank Congresswoman Maloney and Chairman Frank. Mr. Chairman, I reserve the balance of my time.

Mr. POLIS. Mr. Chairman, I yield back the balance of my time.

Mr. POLIS

Mr. POLIS. Mr. Speaker, I rise in strong support of this rule for H.R. 1913, the Local Law Enforcement Hate Crimes Prevention Act, as well as the bill itself. Last July a young transgender Latina living in Greeley, Colorado, was brutally attacked and murdered. Her killer, who became outraged after he discovered that she was transgender and beat her to death, told authorities that he had ``killed it'' and that ``all gays must die.'' Just last week I am glad to announce that Angie's killer was convicted not only of first degree murder but also of a hate crime in the beating death of Angie under Colorado law. It was the first time in the Nation that a State hate crime statute resulted in the conviction of a transgender person's murder, and as a result, Angie's killer will serve life in prison without the possibility of parole. Thanks in large part to Colorado's hate crimes law, which included gender identity as a protected class, justice was served in this case. But, sadly, this has more often than not not been the case. Just a few years earlier, Fred Martinez, a Navajo Native American in Cortez, Colorado, openly gay youth, was killed. The perpetrator, who along with an accomplice had met Fred at a carnival that night, attacked and beat him to death with a large rock. Later he bragged to his friends that he had ``beat up a fag.'' In contrast to Angie Zapata, Fred's killer was not charged with a hate crime because no Colorado or Federal law protecting gender identity existed at that time. His assaulter received a 40-year sentence under a plea agreement but will be eligible for parole in 25 years. If he had been charged with a Federal hate crime, he would have received a life sentence without parole. Sadly, Angie and Fred are not alone. Since 1991 over 100,000 hate crime offenses have been reported to the FBI with over 7,000 reported in 2006. And although much is talked about violent attacks against the lesbian, gay, bisexual, and transgender community, this is not just an LGBT issue. Violent crimes based on race, religion, ethnicity and national origin are reported every year. What makes these crimes so odious is that they are not just crimes against an individual; they are crimes that terrorize entire communities and, indeed, are against the values and ideals upon which our country was founded. With each attack, these criminals are attempting to send a message of intimidation to the victim's entire community, a message that Americans do not belong and deserve to be victimized solely because of who they are. Far from creating a class for special protection, we are establishing equal protection under the law for people who do not enjoy it today in this country. The hate crimes bill that we are voting on today is sending a message that these crimes will no longer be tolerated. I strongly support efforts to punish hate crimes and am a proud cosponsor of the bill. The bill is especially important for police departments in smaller towns that don't always have the resources to deal with hate crimes. For example, the cost of the investigation and prosecution of Matthew Shepard's killers dealt a severe blow to the Laramie, Wyoming, law enforcement budget, resulting in the furlough of five officers, undermining public safety. This bill would prevent that. This bill also corrects two major deficiencies in current law: One, the excessive restrictions requiring proof that victims were attacked because they were engaged in certain ``federally protected activities''; and, two, the limited scope of the law. It's important to note this legislation will not take rights away from anyone. Our country was founded upon certain inalienable rights, including the freedom of religion and free speech. This bill does not interfere with either of those principles, and that's why it's backed not only by hundreds of law enforcement agencies but by mainstream faith-based organizations. It's time to pass this law. We must no longer turn a blind eye to hate crimes of any kind. Everyone, regardless of race, creed, color, and sexual orientation and gender identity, must stand equal in the eyes of the law. I encourage my colleagues to support the rule and the bill.

Mr. POLIS

Mr. POLIS. Mr. Chair, I rise in support of the National Water Research and Development Initiative Act of 2009. I thank Chairman Gordon and the Committee for working hard to reintroduce this important legislation. Demand for water resources has increased, while our management technology and infrastructure has essentially remained unchanged since the boom of water resource-related legislation in the 1970s and 1980s. In tandem with the rise in population and shift to different regions, the increase of water use by businesses, agriculture, and other interests demonstrates the need for this important legislation. The national population explosion has already begun to stress the water resources across the country. In Colorado alone, the population has grown by over 14 percent since 2000, a common theme across the Western states and the Southeast. Our nation is experiencing water supply and quality control challenges at all levels. This legislation ensures that current demand is met, that future supply is available, and that efforts requiring immediate attention are coordinated in an effective manner. I am grateful that Chairman Gordon and the Committee saw fit to include the language of my amendment, which creates a pilot program that will serve as a national model for conservation through energy audits of water facilities. The Environmental Protection Agency will use this model to demonstrative the effectiveness of energy audits and implement similar programs throughout the country. I thank the Chairman and the Committee staff for recognizing this important priority. The Congressional Budget Office indicates that if enacted, this legislation would cost $8 million over the next four years. That equates to a mere 6 cents per American or 14 cents per average American family. According to an EPA study in 2002, ``If capital investments remain at current levels, the potential gap between 2000 and 2019 would be approximately $122 billion for wastewater infrastructure and $102 billion for drinking water infrastructure.'' We are in a major economic crisis in this country. With increases in population over that same period expected to exponentially rise, inaction now could spell fiscal disaster for many communities for decades to come. Many federally-coordinated programs have been enacted in the past with great success, including systems for forecasting floods and droughts and the development of water treatment and wastewater technologies, just to name a few. These have allowed our country to better manage and enhance our water resources. The legislation before us coordinates the activities of over 20 federal agencies currently charged with separately devising water resource policy, leading to less confusion over authority and implementation, which results in greater efficiency and savings for taxpayers. Access to clean, reliable sources of water is a non-partisan issue. It affects every social, political, and economic class, affecting the prosperity and security of our communities. All Americans are looking to government to provide a forward-looking, scientifically based solution to a burgeoning problem. We need a proactive approach to solving water resource issues in this country, one that addresses economic and environmental concerns. This bill will help ensure proper funding, maintenance, expansion, and enhancement of our conventional water and wastewater infrastructure, creating a greener, more energy efficient system for the future. On behalf of my constituents in Colorado, and all Americans who elected us to protect their right to access to clean, reliable sources of fresh water, I urge my colleagues to vote ``Yes'' for this bill.

Mr. POLIS

Mr. POLIS. Mr. Speaker, I rise today to highlight and support the many communities, volunteers, teachers, students, and individuals celebrating Earth Day and their efforts to protect our environment. For 39 years, Earth Day has remained an annual opportunity to remind ourselves of our daily, ongoing responsibility. Our Nation has experienced an environmental renaissance as of late with business, popular culture and political leadership getting ``green'' and becoming galvanized by the challenge of climate change. The industries and communities of my district in Colorado are on the front lines of a changing climate--from a shrinking ski season and fewer tourist dollars to an increased threat of wildfire and water resources stretched even thinner. My district's economic well-being has a lot riding on a healthy environment. Mr. Speaker, I commend all of those who will work, volunteer, teach, and learn about the ways we can protect our Earth and economy. I rise in strong support of all of those who work to make Earth Day every day and who understand the fact that our communities and economies are firmly rooted in a healthy environment.

Mr. POLIS

Mr. POLIS. Mr. Speaker, the Waxman bill does allow something different to be tried. It sets up a scientific process for review to make sure that all technologies that might help wean smokers away are allowed into the marketplace in a manner that makes sure that they don't publish misleading claims regarding their health. Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Lewis).

Mr. POLIS. Mr. Speaker, the gentleman from Texas mentioned 2 percent decrease in smoking over 10 years. I will say that every cigarette not smoked, every person who never starts is a life saved. One of my late constituents, Ms. Susan DeWitt of Lafayette, passed away of lung cancer this last year. Posthumously published on her Web site is a very powerful statement which I will submit in its entirety to the Record but would like to quote from as follows, in part. ``Just prior to being told I suffered from stage IV lung cancer, Dr. Karen Kelly, an oncologist at the University of Colorado Cancer Center, lifted her arms and emphatically exclaimed, `We have to raise the awareness of lung cancer.' ``With those words resonating in my head, I thought back to those high school moments and the few drags I took from my cigarettes. I thought of the precious few years that followed. Years that would include a marriage, a son, my youth and cigarettes. I remembered the day I said, `No more.' That was the day I was given another diagnosis by my doctor, I would again be a mother. That day was 14 years ago . . . ``The day I quit, I was 27 years old. Lung cancer was something I understood the elderly suffered from. It was nothing a young mother of two need bother herself with. I was 28 when my daughter was born. I was young, in love, and beginning to walk my path of life . . . At 37, I was given the gift of another daughter. ``Then, standing there listening to this oncologist tell me I have stage IV lung cancer. I was only 39.'' Ms. DeWitt dedicated the remainder of her life to educating people about the danger of cigarettes. I had the opportunity to speak to her husband just yesterday who shared with me the message that she shared with so many Americans. There is no free ride. There is no break. Don't start smoking. This bill will help prevent children from ever starting to smoke and help prevent many, many cases of lung cancer and many, many deaths that disrupt families and cause a great risk to our public health as well. [From the Dailycamera, Oct. 4, 2007] Lung Cancer Educator Dies After Long Battle (By Cindy Sutter) Susan DeWitt, a Superior mom who made a widely distributed DVD about her family's struggle with her lung cancer, died Wednesday. She was 43. ``She died at home with her family members holding on to her,'' said DeWitt's husband, Randy. DeWitt, a Boulder County court reporter for eight years and founder of the Susan L. DeWitt Foundation for Extended Breath, was diagnosed with Stage IV lung cancer in 2004 at the age of 39. Although DeWitt was a light smoker in her teens and 20s, she quit in 1992. After her diagnosis, she made it her mission to warn young people that even casual smoking can cause cancer. The DVD--``Lung Cancer, Through My Children's Eyes''--begins with this line from her son, Cody, then 19: ``There are some things in life that people shouldn't have to go through.'' Then this from his sister, Gabrielle, then 13: ``I was afraid to go to sleep at night.'' The film, now on You Tube as well as available on DVD through the foundation, has been distributed to school districts in Colorado and around the country. The family has subsequently made music videos about the subject. Those who knew DeWitt say she touched people, not only with her DVD, but with the grace and courage with which she faced her illness and treatment--which included multiple rounds of chemotherapy and brain surgeries. Dan Hale, who retired as a Boulder County District judge last fall, called DeWitt's spirit even as she became gravely ill ``truly incredible.'' ``Why this happened is one of those great mysteries of life, but despite that, she wanted to see how she could benefit others,'' Hale said. Rob Harter--lead pastor at Larkridge Church in Erie, where the DeWitts attend--remembers being at the hospital with the DeWitts when Susan was being prepped for a second brain surgery. She was giving Randy last-minute instructions on gifts she had bought for them to open during her surgery. ``Right before they were to wheel her away for three- to four-hour surgery, what she was thinking about was, `Make sure you get the gifts for the kids in the car,' '' Harter said. ``Her idea was to not have them focused on her pain. It's a powerful example of how she was very other-centered in her approach to life.'' Randy DeWitt said she touched many people. ``Her group of friends is very vast,'' he said. ``She had a way of speaking to and treating people with respect. . . . If you had a troubled look on your face, Susie would attend to you.'' The DeWitts' story and clips of the DVD were featured on ``Good Morning America'' and ABC's ``World News Tonight'' in 2006. The DeWitts estimate that at that time about 15 million people had heard of her documentary through those national news sources, articles in local newspapers, features on local TV news, speaking engagements and distribution of the DVD. Susan, who was born in Wheat Ridge and graduated from Arvada High School, got the idea for the film after seeing a group of teenagers smoking outside the Westminster Promenade shortly after her diagnosis. With their suburban bedrooms as the simple backdrop, the documentary shows Cody and Gabrielle talking about how their mother's cancer has upended life as they once knew it. ``Now comes the hard part,'' Cody says in the film. ``What if my mom dies?'' The DVD shows footage of him graduating from high school with the sound of his family yelling, ``Woo- hoo!'' ``I want her to be there when I graduate from college,'' he says. The foundation will continue its work, distributing the DVD and music videos. The family plans to expand its focus to help people deal with a diagnosis of terminal cancer. Randy DeWitt said the children are doing well. He and Susan were frank about her illness from the beginning, even with their youngest child, Gianina, now 6. Cody is attending the University of Northern Colorado part- time. He's in his fourth year. Gabrielle is a sophomore at Monarch High School. Gianina is a first-grader at Superior Elementary. ``The kids are pretty resilient,'' Randy said. ``My 6-year- old is giving us a lesson on how to deal. She's talked to me about this. She gets it. She knows what death is. She knows that Mommy's not coming back, and she's OK.''

Mr. POLIS. I yield to the gentleman from Indiana.

Mr. POLIS. The gentleman, Mr. Buyer's proposal, rather than using an agency that exists, would create a new agency and then go on not to fund that new agency. It's fiscally irresponsible to create a new regulatory agency but fail to provide it with any new funding to do the job. The FDA is up to the task, given the funding which this bill provides with user fees. Mr. Speaker, tobacco is the deadliest product on the market today. It kills over 400,000 Americans each year. Despite this grim statistic, tobacco companies have enjoyed a great deal of influence over public policy, avoiding the appropriate oversight of their dangerous business. By giving the FDA the authority to exercise their proper oversight duties, we strip Big Tobacco of their special privileges and power. We owe consumers the same level of protection with regard to tobacco use as food and drink consumption, prescription and over-the-counter drugs, and even makeup and cosmetics. Why should tobacco, such an obviously harmful product, not be subject to the same scrutiny? The FDA is more than capable of handling this new responsibility. We entrust the most sensitive regulation oversight to the Food and Drug Administration. We must give this agency the opportunity to succeed, providing the necessary resources, which the Waxman bill does, to get the job done. It's the most appropriate agency to regulate these deadly products. Tobacco companies have long taken advantage of this vulnerability by promoting their products through cartoon advertisements, tobacco theme merchandise products, and flavored products that appeal to kids. By barring the sale of fruit, chocolate, and clove-flavored tobacco products, this bill would protect the health of children who are lured to smoking by these candy-like flavors, with little if any impact on adults' enjoyment of tobacco.

Mr. POLIS. The program is fully funded with user fees to set up within the FDA the ability to regulate tobacco products.

Mr. POLIS. I reserve the balance of my time.

Mr. POLIS. Mr. Speaker, for the purposes of debate only, I yield the customary 30 minutes to the gentlewoman from North Carolina, Dr. Foxx. General Leave

Mr. POLIS. Mr. Speaker, protecting the health of our Nation's children is of paramount importance to me, personally, to all of us, and to the strength and security of our Nation. We need to work to ensure that children have access to adequate health care, including vaccinations and attention from medical professionals. Tobacco use is the single most preventable cause of death in the United States, and yet it continues to receive less regulation than a head of lettuce. Indeed, even pet food is regulated by the Food and Drug Administration. When we pledge to safeguard our children's health, we are investing in where the return is, a generation of healthy, productive Americans. Congress not only has an obligation to provide adequate funding for programs that offer health care access and a healthy start for all children, but also a responsibility to step in and provide meaningful oversight and restore accountability. This bill embodies both of these commitments. This is a personal issue for many of us. I had the opportunity to talk to another widow of a victim of tobacco from Colorado last night. I spoke to Ms. Kathy Hughes of Loveland, who lost her husband. David succumbed to lung cancer. Again, the latter years of his life were dedicated to combating the dangers of secondhand smoke. Just as my colleague from California, Ms. Harman, shared her own family experience with this, we too in my family have direct experience. My partner Marlin's late mother, Wendy Klein Reiss, passed away from lung cancer 2 years ago. It was a very painful thing to go through; and, of course, her wish and her dying breaths were that she never started smoking. Americans across all political, demographic, and geographic lines have expressed overwhelming support for this legislation. The strong endorsement of hundreds of public health organizations for this bipartisan bill sends a powerful message. The bill simply gives the FDA the long overdue authority to regulate tobacco products and reduce their devastating harm, just as they enjoy today for pet food and lettuce and cosmetics. Today, we have an opportunity to protect millions of children across this Nation and to safeguard their future and prevent them from starting smoking. We have an opportunity to do the right thing, to save lives and to strengthen American families. I urge a ``yes'' vote on the previous question and the rule. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mr. POLIS. What I stated--I believe in the affirmative--is the Waxman bill prevents false and misleading advertising.

Mr. POLIS. Mr. Speaker, the Buyer version is opposed by many credible health organizations, including the American Lung Association, the American Heart Association, the American Academy of Pediatrics, among many others who support the Waxman administration because it would protect children from tobacco marketing. The Buyer bill falls short of banning brands that are potentially targeted to children like Mocha Taboo and Midnight Berry. It does not protect consumers from misleading health claims about so-called reduced-risk tobacco products, and it embraces smokeless tobacco as a means to reduce the harm caused by cigarettes. While certainly there should be sound, scientific investigation, and there is a process under the Waxman bill for doing that, we must not rush to prejudgment of what works and what doesn't. Mr. Speaker, I yield 2 minutes to the gentlewoman from the Virgin Islands (Mrs. Christensen).

Mr. POLIS

Mr. POLIS. Mr. Speaker, I ask unanimous consent that, when the House adjourns today, it adjourn to meet at 9 a.m. tomorrow.