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This document provides an overview of Rep. Stark’s major initiatives, positions, and accomplishments in the 109th Congress (January 2005 -- December 2006).
HEALTH
As the Ranking Democrat and former Chairman of the Ways and Means
Subcommittee on Health, Rep. Stark is one of the nation’s foremost
experts on Medicare and health policy. He is an outspoken proponent
for universal health care; minimizing waste, fraud and abuse in our
health care system; and preventing the erosion of health coverage in
America.
MEDICARE
The New Medicare Prescription Drug Program: In November of
2003, Congress passed and the President signed into law legislation
creating a new Medicare prescription drug program. Though Stark is a
long-time advocate of adding a prescription drug benefit to Medicare,
he led the opposition to this bill and he and most of his Democratic
colleagues voted against it. The law added an inadequate, complex,
private drug program to Medicare and endangered Medicare’s future
through numerous privatization provisions.
Open enrollment began on November 15, 2005 and coverage started on
January 1, 2006. Since its inception, “Part D” has been fraught with
problems. Republicans, Democrats, and advocates agreed that educating
Medicare beneficiaries about the new program would be key to its
success. Yet the Centers for Medicare and Medicaid Services (CMS)
initially mailed empty envelopes to seniors instead of informative
letters. The agency ran a million-dollar advertisement with inaccurate
and misleading information. Perhaps most importantly, CMS’ annual
Medicare & You Handbook, which beneficiaries use as their main
resource, included inaccurate information about the new drug program.
The Handbook would have had more errors had Stark had not obtained an
early draft from consumer advocates and advised CMS Administrator Mark
McClellan of the Handbook’s deficiencies. CMS then some, but not all,
of Stark's comments into the final Handbook.
In all but two states, the program forces seniors citizens to choose
from more than three dozen private drug plans, each with a different
formulary, cost-sharing arrangement, and procedure for accessing
necessary medications. Yet seniors and people with disabilities lack a
standard means for comparing plans. The Bush Administration promised
that the Medicare website would provide all of the needed information.
But 75 percent of the elderly report that they have never been online.
Even worse, when enrollment began, Medicare beneficiaries and their
advocates were unable to gain access to the website, 1-800 Medicare was
so overwhelmed that seniors couldn’t get through, and private drug
plans were providing different answers than were the Medicare hotline
and website.
It was clear to Stark that implementation was not going to go smoothly. That’s why he acted early.
In September 2005, he introduced the Medicare Informed Choice Act (HR
3861). This legislation recognized that the transition to this new
drug program would be difficult. To ensure that people had time to
study this complex new program and make educated, appropriate choices
for drug coverage, the bill proposed to extend the open enrollment
deadline from the law’s May 15th, 2006 date through the end of 2006 and
eliminate the corresponding late enrollment penalty. The bill also
addressed two other problems. Recognizing that people might initially
choose the wrong plan or enroll in a plan that later in the year stops
covering the drugs they need, it would allow people to switch plans
once in the first year. Under current law, beneficiaries are locked
into their plan for the entire year. It would also protect retirees
from inadvertently losing existing health benefits if they accidentally
signed up for a private drug plan that nullifies retiree coverage.
In October of 2005, Stark sent a newsletter to his constituents that
explained the new Medicare drug program and provided advice on who to
contact for help getting enrolled. Many Democratic Members of Congress
used Stark’s letter as a model for constituent communication on the
issue.
Given the misinformation and confusion surrounding the first year of
this program, it is clear that the Medicare Informed Choice Act would
have made a difference. According to the nonpartisan Congressional
Budget Office, the Act would have enabled another million people to
enroll in drug coverage this year and would have lowered
late-enrollment penalties for seven million Medicare beneficiaries for
the rest of their lives. The legislation had the support of 174 Members
of Congress and was endorsed by virtually all of the advocates for
seniors and consumers. But the Republican leadership refused to allow
the legislation to come up for a vote, and the May 15th deadline was
allowed to go into effect. As a result, about five million people
eligible for a Part D drug plan have failed to enroll – a substantial
majority of whom have low-incomes and would be eligible for
cost-sharing subsidies.
The prescription drug program has many shortcomings, and Stark has supported or led efforts to fix these problems. For example:
Negotiating Drug Discounts: The law explicitly prohibits the
government from negotiating with drug companies for discounts on
prescription drug prices. As a result, prices are significantly higher
than they would be through negotiation. According to a report produced
by the House Government Reform Committee’s Democratic staff,
prescription drug program prices are 75 percent higher than those
negotiated by the Veterans Administration and 60 percent higher than in
Canada. They are also higher than the prices at Drugstore.com and
Costco.
Stark has co-sponsored several bills (including H.R. 752) that override
the existing prohibition and require the Secretary to negotiate
discounted drug prices.
A Drug Benefit in Medicare: One of the fundamental flaws of the
Republican drug bill is that it doesn’t provide a real drug benefit in
Medicare. Instead, people are forced to purchase coverage through a
private plan. Stark supports changing the Republican drug bill to put
a stable, national drug benefit in Medicare.
Benefiting People Rather than HMOs and Drug Companies:
Stark supports amending the prescription drug law to eliminate
excessive subsidies to HMOs, insurance companies and pharmaceutical
firms and apply those funds to reducing the donut hole.
Drug Benefit Oversight: Stark is committed to conducting strict oversight of the Medicare prescription drug program – and all government programs.
Unfortunately, the Republican Congress has demonstrated no interest in
performing needed oversight, instead opting to protect “their”
administration and special interest friends. Stark led efforts to
attempt to force the Committee on Ways and Means to conduct oversight
of the drug program. It took three letters (1, 2, 3) over the course of
18 months and countless oral requests during hearings on other topics
before Republicans agreed to hold a single hearing, At that hearing,
they refused to allow witnesses that were integral to measuring the
success of the program. Stark led Democrats on the Committee in
exerting one of the minority party’s few rights and called for a second
day of hearings. During the hearing’s second day, Democrats were able
to bring forth additional witnesses who were able to highlight
important deficiencies and needs in the new drug program.
Reports
Stark worked with colleagues in Congress and with outside experts –
like the Government Accountability Office – to perform oversight on the
new Medicare prescription drug program. To that end, he released four
reports in the 109th Congress.
Government Reform Democratic Staff Report: Stark, and his Bay
Area Democratic colleagues, released this report on March 6, 2006 which
analyzed Bay Area prices for drugs in new Medicare drug plans. It
found that the new plans failed to provide meaningful discounts – with
prices that were 75% higher than the price paid by the Veterans
Administration.
GAO Report released May 3, 2006: Highlights serious
deficiencies in the information Medicare is providing to beneficiaries
about the new drug program. In short, it found that the 1-800 Medicare
hotline provided inaccurate, incomplete or inappropriate responses to
one-third of basic questions. On one key question – which plan offered
the lowest costs for individual who take a given set of drugs – the
Medicare hotline was wrong almost 60% of the time.
GAO Report released July 12, 2006: In addition to Medicare
failing to provide accurate information to beneficiaries, this study
found that private drug plans in Medicare were similarly providing
inaccurate and incomplete information two-thirds of the time.
Ways & Means Democratic Staff Report: This report analyzed
data released by the Centers on Medicare and Medicaid Services to
determine how many people nationwide – and on a state by state basis –
were in danger of falling into the donut hole in the Medicare drug
program. It studied people who purchased their own private drug plan
coverage in Medicare (and who were not eligible for low income
assistance). Nationwide, it found that 88% of them – 7 million people
– are in plans with a donut hole in their benefit design. The report
also highlights that in most states there is only one private drug plan
available that fills in the donut hole and on average it costs 250%
higher than standard plans. The data is also broken down on a state
specific level.
IMPROVING MEDICARE
Physician payments: Stark recognizes that for Medicare to
continue to operate effectively, physicians and other health care
providers much continue to contract with it to provide services.
Current law will enforce per service payment cuts to physicians and
certain non-physician providers. In 2005, Stark authored legislation
(H.R. 4520) to put those cuts on hold for two years and to require the
Medicare Payment Advisory Committee (an expert commission that advises
Congress on Medicare payment policy) to come forth with recommendations
to revise the payment formula in the law to correct this ongoing
problem.
Though his legislation was not enacted per se, the Deficit Reduction
Act of 2005, which did become law, put a one-year hold on payment
reductions for 2006 and included the language authored by Stark to
provide recommendations for a long-term solution to this problem.
MEDPAC is conducting this study now and expects to have a report to
Congress in the spring of 2007.
Advancing Health Information Technology: Expanding the use of
health information technology (IT) holds the promise of reducing costs
and improving quality. Stark believes strongly that the federal
government needs to provide leadership in order to establish standards
for interoperability, provide incentives for adoption and ultimately
hold providers accountable for using IT in clinical practice.
Unfortunately, legislation currently under consideration in Congress
falls far short of these goals. The proposed legislation fails to
guarantee that sensitive medical information will be protected in an
electronic environment, and could lead to increased fraud and abuse.
Stark will continue to lead the charge for widespread adoption of a
health IT system that will help patients and payers achieve the
efficiencies and clinical improvements that are possible under an
interoperable health information technology system.
Preventing Waste, Fraud & Abuse: The Joint Commission on the
Accreditation of Health Care Organizations (JCAHO) is the only private
organization named in the Medicare statute with the authority to
certify hospitals as meeting federal Medicare standards.
Unfortunately, JCAHO has fallen down on the job – in part because of
numerous conflicts of interest. JCAHO is paid and run by the very
facilities it regulates, many of whose executives serve on its board.
JCAHO has historically announced inspections ahead of time, providing
hospitals and other health care organizations the opportunity to
prepare for review. Finally, JCAHO also owns a separate line of
business that provides consulting services to health care organizations
interested in passing inspections. Stark has raised concerns and
performed oversight on JCAHO for years. Most recently, he has worked
with Sen. Chuck Grassley (R-IA) and Senator Baucus (D-MT), the Chairman
and Ranking Member of the Senate Finance Committee, to obtain
information about JCAHO’s business practices. A GAO report requested
by Stark and Grassley and issued in July 2004 showed that JCAHO
inspectors failed to identify a substantial majority of serious
deficiencies in problem hospitals, which prompted the introduction of
legislation to remove JCAHO’s special statutory protection. Stark,
Grassley and Baucus are continuing to work to review and reform
Medicare’s accreditation process
Drug Safety: Stark is a tireless champion for putting patients
interests ahead of pharmaceutical company profits. In the wake of the
Vioxx scandal, Stark introduced legislation to hold pharmaceutical
manufacturers accountable for rushing products to market that they knew
had serious risks. The Pharmaceutical Research and Manufacturers
Accountability (PhRMA) Act (H.R. 870) would impose large fines and send
drug industry CEO’s and other executives to jail for a minimum of 20
years if they knowingly conceal serious adverse drug experiences that
are discovered during testing. Stark intends to introduce legislation
that requires government agencies to share information from drug
manufacturers and others with each other and researchers in order to
improve safety monitoring and conduct comparative effectiveness
research..
Stark also authored the Prescription Drug Safety and Affordability Act
(H.R. 4706). This legislation would take away the huge tax deductions
pharmaceutical manufacturers currently receive for the billions they
spend wining and dining physicians in an attempt to influence
prescribing patterns.
Physician offices are flooded each day by a convoy of pharmaceutical
sales representatives trying to get doctors to prescribe particular
drugs. These salesmen use private databases to analyze individual
physician prescribing patterns and target their lavish gifts to doctors
who prescribe certain drugs. To end this immoral practice Stark joined
Representative Frank Pallone in authoring the Prescription Privacy
Protection Act (H.R. 5945). This bill would prohibit pharmaceutical
manufacturers from using physician specific prescribing information for
commercial purposes.
Medicare Mental Health Parity: Medicare cost-sharing for outpatient
mental health services is higher than cost-sharing for medical services
and suffers from other problems. Stark introduced the Medicare Mental
Health Modernization Act (H.R. 1946) to update Medicare’s mental health
coverage to provide parity and to modernize the benefit in a manner
that would improve coverage and save taxpayers’ money.
EXPANDING HEALTH COVERAGE
While Congressional debate on improving our health system has stagnated
in recent years, Stark remains committed to finding solutions to
address the serious, rising concerns of coverage related to coverage,
cost, and quality. To get the discussion back on track, Stark has
proposed a Constitutional Amendment (H. J. Res. 30) to make health care
a right for everyone. The proposed amendment will help shift the
debate from whether to provide universal health coverage to how we will
accomplish this goal.
AMERICARE: In answer to the question of how to achieve
universal coverage, Congressman Stark recently introduced the AmeriCare
Health Care Act (H.R. 5886), a common sense proposal that builds on
what works today – Medicare and employer-based benefits – to provide
universal coverage with minimal disruption to our current health care
system. Under AmeriCare, people could continue to obtain health
insurance through their employer – as most of us currently do – or they
would be covered under the new AmeriCare system, modeled on Medicare.
AmeriCare has been endorsed by the AFL-CIO, the American Academy of
Pediatrics, the American Nurses Association, the Center for Medicare
Advocacy, Consumers’ Union, Families USA, the National Association of
Community Health Centers, SEIU, and the Universal Health Care Action
Network.
PROVIDING HEALTH INSURANCE COVERAGE TO ALL CHILDREN: Nearly one
in five children lives below the poverty line – the highest level of
any age group. Despite programs that provide health insurance coverage
for kids, more than 8 million children remain uninsured, and the most
recent Census data showed the first increase in the number of uninsured
children since 1998. Building on the successful Medicare program,
Congressman Stark’s MediKids Health Insurance Act (H.R. 3055) would
establish a comprehensive, guaranteed, universal health insurance
benefit for all children. It is a top priority for the American
Academy of Pediatrics and the Children’s Defense Fund, among other
endorsing organizations.
ADDRESSING THE FASTEST GROWING UNINSURED POPULATION: People age
55 to 65, especially those who are no longer working, have a difficult
time purchasing private insurance, but are too young to qualify for
Medicare. As a result, this age group is the fastest growing
population of uninsured. The Medicare Early Access Act (H.R. 2072)
would allow people age 55 to 65 to buy into the Medicare program and
receive an advanceable, refundable tax credit to ensure that this
coverage affordable.
IMPROVING COVERAGE OPPORTUNITIES FOR SMALL BUSINESSES: Sixty-two
percent of uninsured workers are in firms with fewer than 100
employees. Small employers cite cost as the main barrier to offering
coverage. The Small Business Health Insurance Promotion Act (H.R.
2073) provides tax subsidies to small employers that offer affordable
health coverage to their employees through qualified health pooling
arrangements.
EXPANDING HEALTH INSURANCE COVERAGE TO FAMILIES: The vast
majority of the uninsured live in families with incomes below 200% of
poverty ($33,200 for a family of three in 2006). A simple way to
expand health insurance coverage to this population is to enroll
low-income parents in programs that are currently available to
children. The FamilyCare Act (H.R. 2071) provides incentives for
states to cover low-income families in existing public programs.
PROTECTING CONSUMERS: Advocates of corporate interests make
daily attempts to undermine the few consumer protections that exist in
today’s health system. Stark has consistently fought to preserve and
expand consumer protections to ensure that health insurance is
affordable, meaningful, and available to everyone. Some examples
include: ongoing oversight of the Trade Adjustment Assistance (TAA)
Reform Act health care tax credit program, protecting privacy of
individually identifiable medical information, prohibiting health
insurers and employers from engaging in discrimination on the basis of
genetic information and opposing the expansion of renegade Association
Health Plans that operate outside the jurisdiction of state insurance
laws. In addition, Stark is leading the fight against the
proliferation of high-deductible health plans and Health Savings
Accounts (HSAs), which simply shift costs to individuals and are
responsible for the growth in the under-insured population. HSA plans
are primarily a tax shelter for upper-income individuals and place a
greater burden for health costs on the backs of consumers while
threatening the current employment-based system.
OTHER HEALTH INITIATIVES:
Increasing organ donation: Stark has long sought to increase organ
donation rates in our country. He and Senate Majority Leader Frist
introduced bipartisan/bicameral legislation to present a Congressional
Medal of Honor to organ donors, or their surviving family members, to
honor them for this gift of life.
ADDRESSING THE NURSING SHORTAGE: Stark introduced the Safe
Nursing and Patient Care Act (H.R. 791) to provide a federal
prohibition on mandatory overtime for nurses. This legislation has the
support of every major nursing association and the bipartisan support
of more than 100 members of Congress. If enacted, it would encourage
nurses to remain in the profession and would improve the quality of
care they provide to patients.
CHILDREN/FAMILIES
As a member of the Ways and Means Subcommittee on Human Resources,
Stark is a vocal advocate for policies that support strong families and
shield children from abuse and poverty. He advocates on behalf of
programs that provide access to childcare and improve standards of
care. He supports initiatives that will improve Temporary Assistance
for Needy Families (TANF), the nation’s welfare program, by making the
reduction of child poverty a goal of welfare. Stark has introduced
numerous bills to reverse the increase in poverty that has taken place
every year of the Bush presidency.
PAID FAMILY MEDICAL LEAVE ACT: Building on a successful
California law that expands Family Medical Leave Act protections, Stark
introduced legislation (H.R. 3192) to provide up to 12 weeks of paid
leave for workers to recover from serious illnesses, or to care for a
newborn child or ill relative. Stark’s bill strengthens families by
providing workers with a safety net that pays up to 55% of their basic
salary during a time of crisis. Paid family leave also helps employers
by increasing productivity and decreasing employee turnover.
CHILD CARE: Prior to TANF’s reauthorization, 280,000 families
were on a waiting list for childcare assistance. As a result of recent
changes to the nation’s welfare program, hundreds of thousands of
additional families will soon need assistance. But supply will not
increase to keep pace with demand. According to the Congressional
Budget Office, current childcare funding is $4.1 billion less than what
is needed to meet the increase in demand. During TANF’s
reauthorization, Stark offered an amendment in committee that would
have expanded existing support programs and provided assistance to
families on the waiting list and to families soon to request help.
Unfortunately, the Stark amendment to add $11 billion in childcare
funding over 5 years was defeated on a party-line vote. Numerous
governors and state legislatures have indicated that TANF changes
amount to unfunded mandate. In response, Stark led a group of Human
Resources Committee members in calling for oversight hearings of the
implementation of TANF changes.
ENCOURAGING INTERSTATE COOPERATION FOR PLACEMENT OF FOSTER CHILDREN:
Stark joined with former Majority Leader Tom Delay during his final
days in office to pass legislation to improve the ability of foster
children to obtain placement across state lines. This legislation is
not a major priority in California, but will help tremendously in
smaller states and localities – like the District of Columbia that is
10 miles square and borders both Maryland and Virginia. The bill passed
the House and Senate and was signed into law by President Bush.
PROVIDING A FUTURE FOR FOSTER CHILDREN: Every year, tens of
thousands of foster children “age out” of foster care without any
family support or assistance as they transition to adulthood. Many of
these children have no financial resources because the state has taken
their social security disability or survivors benefits while they were
in foster care. No other children in our country are expected to pay
for their own care, yet we allow states to use foster children as a
source of revenue. Stark brought this issue to the attention of the
Ways and Means committee and has been working on legislation that would
allow foster children to keep their own social security benefits in
set-aside accounts. When foster children leave the system they will
then be able to use the money to pay for education, job training, and
housing.
PROMOTING SAFE & STABLE FAMILIES (S. 3525): Congress
recently reauthorized funds for states to prevent child abuse, support
and keep at-risk families together, and promote the adoption of foster
children. Stark fought hard to secure $95 million in funding for
workforce improvements for child welfare caseworkers. This money will
be used to recruit, train, and retain quality caseworkers, who are the
first line of protection for at-risk children. The continued
distribution of money to states will depend on their progress toward
meeting a goal of ensuring monthly caseworker visits to children in
foster care.
GAO REPORT ON FAITH-BASED COMMUNITY SERVICE PROVIDERS: Stark
requested the GAO examine the implementation of President Bush’s Faith
Based Initiatives. The GAO found that President Bush’s faith-based
initiative is rife with problems. The GAO reported that the initiative
lacks adequate safeguards against religious discrimination by
recipients of program money. According to the report, 70 percent of
agencies questioned by the GAO did not inform recipients about
permissible hiring practices. The GAO also found that no standards
have been developed to ensure that program funds are not being used for
inherently religious activities or the provision of services on the
basis of religion. In addition, the faith-based initiative was
determined to lack accountability. Few standards have been developed
to evaluate the success of the faith-based programs. In short, the Bush
Administration provided over $2 million in funding in 2005 alone to
faith-based organizations without any way to measure their usefulness
and absent sufficient safeguards against discrimination.
KEEPING FAMILIES TOGETHER ACT: Stark is an original cosponsor of
bi-partisan legislation (H.R. 5803) that would help to eliminate the
practice of parents being forced to relinquish custody of their
emotionally disturbed children in order to get the health care services
they need. Unfortunately, private insurance often does not cover the
prohibitive cost of mental health services. The only way for children
to qualify economically for state help with payments for mental health
care is for their parents to hand over custody to the state. This bill
would provide funding for states to implement programs to provide
services to children while allowing them to remain with their parents.
EDUCATION
Congressman Stark is a strong supporter of quality public education.
Stark has consistently supported and voted for legislation that
provides children with access to a superb education in a safe
environment regardless of their socio-economic status. Stark also
believes that a college education should be obtainable without
accumulating huge and burdensome amounts of student loan debt.
ADEQUATELY FUND NO CHILD LEFT BEHIND: Since the passage of the
No Child Left Behind Act, its mandates have been severely under-funded
by the Bush Administration and Republican leaders in Congress. Stark
voted against the 2006 Labor, Health and Human Services, and Education
Appropriations bill because it failed to adequately fund No Child Left
Behind and slashed funding from important educational programs,
including the Safe and Drug Free Schools program. Early in 2006, Stark
sent a letter to the Congressional Budget Committee urging them to
fully fund No Child Left Behind by increasing education funding by $14
billion.
HEAD START RE-AUTHORIZATION: Head Start has been a highly
successful program that helps young children’s cognitive, emotional,
and social development since 1965. Yet the Republicans decided to play
politics even with a program as important as Head Start. They wrote
religious discrimination into the law by allowing faith-based providers
to engage in previously illegal employment discrimination on the basis
of religion. As a result, and despite his strong support for Head
Start, Stark voted against its re-authorization.
MAKE COLLEGE AFFORDABLE AGAIN: Stark is a cosponsor of the
College Affordability and Accountability Act (H.R. 2739) and the
College Opportunity for All Act (H.R. 2949). These bills would increase
the maximum Pell Grant amount, lower interest rates and fees on student
loans, simplify the student aid process, and provide loan forgiveness
for those going into certain public service careers. Stark voted
against the misnamed College Access and Opportunity Act (H.R. 609)
because it did nothing to roll back the $12 billion in Republican
budget cuts to student aid or reduce the unnecessary and above-market
interest rates on student loans.
TAXES
Stark believes that tax relief should benefit middle-class Americans,
not the wealthiest among us. The Bush Administration continues to give
billions in tax breaks to millionaires while giving little if any
relief to those making under $50,000 a year. Mr. Stark voted against
permanent repeal of the estate tax and against the extension of Bush’s
tax breaks for the wealthiest Americans.
Protecting Taxpayers’ Privacy: In April 2006 the IRS announced
a plan that would have made it easier for paid tax preparers to use or
sell personal taxpayer information for non-tax purposes. Taxpayers
should not be subject to unwelcome solicitation merely because they
paid to get their taxes done at H&R Block. Mr. Stark authored the
Taxpayer Privacy Act (H.R. 5075), to make sure that taxpayer
information isn’t used for other purposes or sent overseas for
preparation without permission.
TRADE
Bush Administration trade policy is failing. Current trade negotiations
are more concerned with corporate profits than American workers. Not
only does the U.S. faces record trade deficits, we are also sending
millions of good paying American jobs are overseas. Free and fair trade
between countries requires a level playing field where all parties have
strong labor and environmental protections. The Bush Administration
refuses to require U.S. trading partners to meet even the most basic
international labor and environmental standards.
Stark voted against CAFTA and the Oman and Bahrain free trade
agreements because the Bush Administration refused to include basic
labor and environmental standards in the text of the agreement. These
trade pacts also limit access to affordable generic medicines in
countries that can barely afford medicine at all. Stark will continue
to oppose free trade agreements with any country unless the
Administration reverses course and changes the agreements to protect
labor rights, the environment and access to affordable pharmaceuticals.
Eliminating trade barriers and reducing tariffs can be positive for
U.S. based exporters. Stark voted in favor of extending normal trade
relations status to the Ukraine. Increased trade will bring stability
to this burgeoning democracy and provide the resources necessary for
the Ukraine to continue improving its labor and environmental
standards.
Trade Sanction Avoidance Act: The U.S. has a long history of
ignoring basic international obligations. We refuse to join the
International Criminal Court, we won’t sign the Kyoto Treaty, and we
pulled out of the Anti-Ballistic Missile Treaty. So it came as no
surprise when on February 12, 2006 the World Trade Organization (WTO)
Appellate Body – for the third time – found that U.S. corporate tax
laws violate WTO rules.
Stark reacted immediately to this news by authoring, H.R. 4909, the
Trade Sanction Avoidance Act. This bill protected American
manufacturers from being subjected to hundreds of millions of dollars
in retaliatory trade sanctions. Fortunately, the trade sanction crisis
was averted when language similar to Stark’s bill was signed into law
as part of the Tax Increase Prevention and Reconciliation Act (H.R.
4297).
LABOR
Mr. Stark is a leading Congressional advocate for workers' rights.
That means he strongly supports – and works to protect – workers’
rights to organize. As cost pressures impact the work environment,
Stark is committed to expanding health coverage, improving workplace
standards, and promoting fair trade policy.
In the wake of Hurricane Katrina, the Bush Administration attempted to
eliminate the Davis-Bacon prevailing wage law for federal
reconstruction contracts. In a victory for workers, President Bush
reversed his decision after receiving a letter signed by Mr. Stark and
111 other members of Congress. Federal contract workers in hurricane
stricken areas are now receiving a livable wage for their hard work.
Increasing the minimum wage: Everyone who puts in an honest days work
should receive an honest day's pay. The minimum wage has not been
increased since 1997, and Mr. Stark supports legislation to end this
injustice. He is an original cosponsor of the Fair Minimum Wage Act,
which would increase the minimum wage to $7.25 over the next two years.
In July 2006 Republicans finally ceded to Democratic pressure by
allowing a vote on a minimum wage increase. Unfortunately, they
attached an $800 billion estate tax break for the 7,500 wealthiest
families in America to a bill that should have focused on increasing
the wages of low-income workers from $5.15 to $7.25. It is immoral to
attach a wage increase for the working class to a tax break for
millionaires. The House passed this bill on July 29th, and it is
awaiting action in the Senate.
SOCIAL SECURITY
All Americans should be able to retire with dignity. Stark is firmly
committed to protecting, preserving, and improving Social Security. He
opposes efforts to dismantle our most popular social program and
believes privatization would cut guaranteed benefits. Stark recognizes
Republican proposals for what they really are – a scheme to limit the
Federal Government’s liability for the program as part of an “on your
own” agenda. Though there is no Social Security crisis, privatization
could create one by worsening the program’s long-term finances.
In 2005, Republicans made privatizing Social Security a top agenda
item. Stark promptly sent a newsletter to his constituents about the
dangers of privatization. Working with his Democratic colleagues in
Congress and senior citizen and advocacy groups across America, Stark
helped defeat the Republican proposal.
Unfortunately, Republicans haven’t given up. President Bush included
his privatization plan in the latest budget he sent to Congress.
Despite cutting $6.3 billion benefits and reducing payments to 16 and
17 year old children who have lost their parents, President Bush’s
privatization scheme costs $712 billion over the ten-year budget
window (2007-2016). Republican Congressional promised action on a
similar plan if they continue to control Congress in 2007.
JUDICIAL ISSUES
The Republican campaign against “activist judges” and frivolous
lawsuits has been a rallying cry for an underhanded effort to weaken
civil rights and encroach on the independence of the judicial branch.
The record shows that, to the Republicans, the definition of activist
judge is a judge who disagrees with them and the definition of
frivolous lawsuit is a lawsuit that goes against a Republican-leaning
interest group or industry.
Stark voted against the Federal Marriage Amendment (H.J.Res. 88), which
for the first time ever would amend the Constitution to exclude a
particular group of Americans from equal rights under the law.
He has worked against legislation that would put an arbitrary $250,000
cap on non-economic damages in cases of medical mistakes and make it
easier for corporations to delay trials by filing redundant motions.
There are more extreme proposals that, thankfully, have not come to the
House for a vote, but which Stark vigorously opposes, including
legislation that would allow Congress to overturn a Supreme Court
decision and legislation that would bar courts from ruling on the
constitutionality of displaying the Ten Commandments in public places.
The Constitution is meaningless if Congress can just pass laws and
throw in a line to keep them from being held unconstitutional. Stark
will continue to stand up for our Constitution and for Americans who
depend upon an independent judiciary to protect their rights.
DEFENSE/ FOREIGN AFFAIRS
Iraq War: Stark strongly opposed the Iraq War from the beginning
and voted against the original resolution authorizing President Bush to
take military action. As a Member of the Out of Iraq Caucus, Stark has
been a vocal advocate for the immediate withdrawal of American troops.
Stark cosponsored several resolutions, including H. Con. Res. 35, H.J.
Res. 55, H.J. Res. 73, and H. Con. Res., 197, calling on the President
to withdraw or redeploy U.S. troops and to avoid establishing permanent
American military bases in Iraq. H.J. Res 73, which is sponsored by
Korean and Vietnam War Veteran and Bronze Star recipient Congressman
John Murtha, terminates Congressional authority for the deployment of
U.S. troops in Iraq and requires their immediate redeployment. He also
cosponsored H.R. 5875, which would repeal the Congressional resolution
authorizing military force against Iraq.
National Intelligence Estimate: After news reports indicated the
April 2006 National Intelligence Estimate concluded that the War in
Iraq had spawned a new generation of Islamic terrorists and increased
the overall threat of terrorism, Stark called for the report’s full
declassification and release and wrote to the appropriate Republican
committee Chairman to demand hearings on the report. He also
cosponsored John Conyers’ resolution (H. Res. 1043) calling on the Bush
administration to promptly release the April 2006 National Intelligence
Estimate – and any other pending reports on Iraq.
Iraq Accountability: Stark has pushed for a thorough
investigation into the Bush Administration’s manipulation of pre-war
intelligence. He cosponsored H. Res. 35, a resolution to create a
select committee to investigate the Administration's actions during the
march to war and to make recommendations regarding grounds for possible
impeachment. Stark also cosponsored H. Res. 363, H. Res. 375, and H.
Res. 505, calling on the White House to release all information
relating to the outing of CIA agent Valerie Plame, the Downing Street
Memo, and the White House Iraq Group respectively.
Guantanamo: Stark strongly opposes the Administration's policy
toward so-called enemy combatants and the treatment many have received
at Guantanamo Bay and other US detention facilities. Regardless of
their alleged crimes or the government's suspicions, there is no excuse
for denying these individuals their basic rights and due process under
international law.
He is a cosponsor of the Military Tribunals Act of 2003 (H.R. 1290),
which directs the Secretary of Defense to prescribe rules of evidence,
due process and judicial review to apply to the Guantanamo tribunals.
It also requires the President to submit annual reports to the Congress
on the use of authority under this Act and on each individual subject
to or detained for a tribunal. Moreover, it underlines that the
President should seek the cooperation of U.S. allies and other nations
in conducting investigations and prosecutions of such individuals.
Protecting our nation from terrorists must be a top priority, but we
must do it without sacrificing human rights by resorting to brutal,
abusive, and horrifc tactics employed at Guantanamo Bay and Iraq's Abu
Ghraib prison.
Stark believes the United States must be an advocate for human
rights, international law, and democracy throughout the world. America
has a responsibility to lead by example. Solving our problems through
contempt of basic human rights is not the model we should set for
future generations or other nations to follow.
Defense Spending: Stark voted against the National Defense
Authorization Act and the Department of Defense Appropriations Act for
both Fiscal Years 2006 and 2007. Stark opposed these measures because
they provided billions for a counterproductive War against Iraq and
authorized additional spending on unnecessary weapons systems,
including Star Wars missile defense systems and the F/A-22 Raptor.
Stark voted against the Emergency Supplemental Appropriations Act for
2006 (H.R. 4939). The bill provided another $67.6 billion for the
President’s so-called “Global War on Terror,” but only $19 billion to
help the victims of Katrina. Stark argued the legislation made clear
Republicans’ preference for wasting money abroad rather than investing
in health care and education at home.
Stark also opposed the Emergency Supplemental Appropriations Act for
2005 (H.R. 1268). The legislation allocated another $82 billion for
wasteful military spending, but failed to demand a timeline for
withdraw from Iraq or a framework through which to hold war profiteers
accountable.
Nuclear Non-Proliferation: A lifetime proponent of nuclear
non-proliferation, Stark is a cosponsor of H. Res. 373, recognizing the
dangers posed by nuclear weapons and calling on the President to
initiate and conclude multilateral negotiations for the abolition of
nuclear weapons. The resolution affirms America’s commitment to the
Nuclear Nonproliferation Treaty and supports a “no first use” policy
for nuclear weapons.
In May of 2005, Stark wrote to House Armed Services and Appropriations
Committee Leaders urging the elimination of funding for so called
"bunker-buster" nuclear weapons. In July of 2006, he voted against the
United States and India Nuclear Cooperation Promotion Act (H.R. 5682).
Stark opposed the measure because he believed America’s unilateral
agreement with India would encourage an arms race in South Asia,
promote weak export controls around the world, and undermine the NPT.
Military Recruiting: Stark is committed to making sure the
American military maintains high standards in recruiting. He is a
cosponsor of the Student Privacy Protection Act (H.R. 551), which
prohibits military recruiters from acquiring students’ contact
information unless they, or their parents, opt-in and agree to have
that information made available.
In May of 2005, Stark wrote to U.S. Attorney General Alberto Gonzales
and requested he appoint a special counsel to investigate improper
activities by military recruiters. He also offered an amendment to the
2006 Defense Authorization bill to require the Government
Accountability Office to report to Congress the findings of an
investigation of illegal and inappropriate military recruiting tactics.
His GAO report, released August 14, 2006, found that between fiscal
years 2004 and 2005, allegations of recruiter wrongdoing increased by
50%, substantiated cases increased by more than 50%, and criminal
violations, such as sexual harassment and falsifying documents,
increased by more than 100%.
Iran: Stark opposes preemptive military action against Iran and
supports a diplomatic solution to the country’s nuclear weapons
program. He cosponsored H. Con. Res. 391, urging the President not to
initiate an attack against Iran without first obtaining Congressional
authorization. He also co-sponsored H. Res. 846, requesting the Bush
Administration release information relating to any strategies or plans
for regime change or the use of military force in Iran. Finally, Stark
wrote to President George W. Bush and called on him not to issue a
pre-emptive nuclear strike against Iran. Stark also wrote to President
Bush to urge him to recognize the atrocities as a genocide during his
commemoration statement.
Israel/Lebanon: After fighting broke out, Stark cosponsored H.
Con. Res. 450 and called for an immediate ceasefire and multiparty
negotiations to end the violence. He voted against H. Res. 921, a
singularly pro-Israel resolution that he believed encouraged additional
violence rather than a diplomatic solution to the conflict. Stark also
wrote to Cyprus President Tassos Papadopoulos to thank the people of
Cyprus for assisting American citizens fleeing Lebanon.
HOMELAND SECURITY
The performance of the Department of Homeland Security (DHS) during
Hurricane Katrina showcased the staggering incompetence of this new
Department. According to multiple audits, even DHS’ signature agency,
the $6 billion-per-year Transportation Security Administration, is no
more likely to detect a weapon than screeners prior to September 11.
DHS has failed even in the simple act of distributing money to states
and cities for preparedness. In 2005, Wyoming received $27.80 per
capita in homeland security funding while California received only
$8.05. Even the new, supposedly “risk-based” port security grant
program has failed. In 2006, it included $0 for the nation’s fourth
busiest port, the Port of Oakland, but millions of dollars for 50 tiny
ports all over the country. Stark has voted repeatedly to require the
DHS to distribute preparedness funds based solely on risk, and
continues to work with DHS to ensure that its definition of risk
conforms to reality.
Congressman Stark supports a three-point agenda to radically improve Americans’ domestic security.
- Allocate funding based solely on risk and without regard to politics.
- Eliminate no-bid contracts and boondoggle technologies that benefit big government contractors but don’t enhance security.
- Rejoin
the rest of the world community in fighting poverty, respecting
treaties, negotiating rather than threatening, and ending our
dependence on foreign oil.
HUMAN RIGHTS
Armenia: Stark would like to see the United States recognize the
Armenian genocide for what it was, a genocide. He cosponsored H. Res.
316, calling for the President to properly acknowledge the Armenian
Genocide, and H. Con. Res. 195, commemorating the victims of the
genocide and urging the Republic of Turkey to acknowledge the
culpability of its predecessor state, the Ottoman Empire.
China: Stark is a cosponsor of H. Con. Res. 294, calling on the
international community to condemn the Laogai system of forced labor
prison camps in the People’s Republic of China. These camps have been
used as a tool for suppression maintained by the Chinese Government. He
also cosigned a letter to Chinese President Hu Jintao to protest the
arrest and detention of family members of Uyghur human rights activist
Rebiya Kadeer.
Columbia: The United States’ War on Drugs has put many of
Colombia’s people at risk. Stark has joined his colleagues in
encouraging Colobmia President Uribe Velez to request funds for
economic development for anti-poverty programs rather than for military
fumigation of cocoa fields. Concerned about human rights violations
related to the ongoing conflict between the government and several
militia groups, Stark also wrote to the United Nations Commissioner for
Human Rights (UNHCR) to express strong support for full renewal of
Bogota office’s mandate.
Sudan: Stark believes it is high time that the Bush
Administration back up its rhetoric of spreading freedom and
opportunity to oppressed peoples by taking decisive action to stop the
atrocities in Sudan. He supports a United Nations mission to Darfur and
wrote to Chinese authorities to encourage them to pressure the Sudanese
government to accept such a presence.
Stark cosponsored and voted in favor of the Darfur Peace and
Accountability Act (H.R. 3127) which recognized the crisis in Darfur as
a genocide and acknowledged the need for American and international
involvement. Stark also cosponsored the Darfur Accountability and
Divestment Act (H.R. 6140), Congresswoman Barbara Lee’s legislation to
prohibit government contracts with multinational businesses that
maintain business relationships and investments with Sudan.
After learning of pending cuts in United Nations World Food Program
rations for the people of Darfur, Stark joined with like-minded
colleagues to author a letter to the U.S. Agency of International
Development expressing his concern. Stark also joined other California
Democrats in writing to the California Public Employees’ Retirement
System to encourage divestment from Sudan. CalPERS listened to
Congressional concerns and subsequently divested from Sudan.
Uzbekistan: As a result of the massacre at Andijan, Stark
opposes further financial payments to the Uzbekistani government for
the use of Karshi-Khanabad airbase. He cosponsored H. Res. 475 to
express his disapproval of these payments and to urges the President to
direct the U.S. Permanent Representative to the United Nations to use
U.S. influence in the U.N. Security Council to refer the situation of
Uzbek President Islam Karimov and the May 2005 to the International
Criminal Court.
WHINSEC (School of the Americas): Stark does not believe the United
States should train or equip foreign military personnel in torture,
extortion and execution. He adamantly opposes federal funding for
WHINSEC or its programs and is a cosponsor of the Latin America
Military Training Review Act (H.R. 1217). The proposed legislation
would close WHINSEC and establish a Congressional task force to study
what kind of education and training would be appropriate for the
Department of Defense to provide to military personnel in Latin
American nations.
CIVIL LIBERTIES
Congressman Stark strongly opposes all of the Bush Administration’s
efforts to go outside the bounds of the law and the Constitution. He
has worked to put a stop to warrantless wiretapping and collection of
phone and banking records.
Stark is a cosponsor of the NSA Oversight Act (H.R. 4976), which
requires the President to seek warrants for any electronic
surveillance. He also joined Rep. John Conyers in introducing
legislation to establish an independent commission to investigate the
warrantless wiretapping that has already occurred.
Stark has always opposed the Patriot Act and voted against
reauthorizing the temporary provisions earlier this year. As a member
of the bipartisan Patriot Act Reform Caucus, Stark has brought
attention to the most egregious parts of the law and worked to improve
or repeal them.
Stark is a cosponsor of the Stop Self-Authorized Secret Searches Act
(H.R. 2715), which would add due process protections to “National
Security Letters” that are sent to businesses by the FBI to demand
information about their customers.
Because of the serious, repeated, and recalcitrant nature of the Bush
Administration’s repeated violations of American’s most fundamental
Constitutional rights, Stark is also cosponsor of legislation (H. Res.
365) to investigate grounds for impeachment.
IMMIGRATION
Stark believes that our dysfunctional immigration system must be fixed
so that we have a stable, legal workforce where jobs are offered to
American citizens and permanent residents first and so that there are
sufficient legal channels for immigrants to fill remaining jobs. The
Secure America and Orderly Immigration Act (H.R. 2330) would create a
system whereby, if a job went unfilled by American citizens, the person
who filled that job would be able to get a temporary visa and, if they
kept the job for a long period, earn legal immigration status. The
system would require criminal background checks and a demonstrated
understanding of English and civics.
WOMEN’S ISSUES
Congressman Stark is unequivocal in his support for protecting women's
reproductive health. It is a sad statement of the times and the
willingness of the right wing to play political games with women’s
lives that the right to birth control; unbiased, scientifically
accurate sex education; and compassionate, comprehensive care for rape
victims is in jeopardy. Stark is a cosponsor of legislation that would:
- Require hospitals to provide the option of emergency contraception (also known as the “morning after” pill) to rape victims;
- compel health insurance companies to provide coverage for prescription contraceptive drugs;
- ensure that federally funded sex education programs be medically accurate;
- oblige pharmacies to fill any legal prescription;
- and, repeal the Global Gag Rule.
Stark also supports a positive agenda to break through the final
barrier of sex and gender discrimination. He supports legislation that
would:
- Close the gender pay gap;
- expand the Violence
Against Women Act by providing economic security for victims of
violence and enhanced protection of victims’ personal information;
- and, rescind recent changes that weakened Title IX rules for intercollegiate athletic opportunities for women.
ETHICS/LOBBYING REFORM/CAMPAIGN FINANCE REFORM
Stark is committed to cleaning up the culture of corruption in
Congress. He is a cosponsor of Democratic Leader Nancy Pelosi’s Honest
Leadership and Open Government Act (HR 4682). This comprehensive
legislation would prohibit privately funded travel and gifts, require
open conferences when negotiations take place, strengthen requirements
for lobbyist reporting and lengthen limits on the revolving door
between Capitol Hill and corporate advocacy.
Stark is also a cosponsor of bipartisan legislation to refine the
earmark process (the process by which Members of Congress are able to
fund particular projects in their districts) so that it is both more
transparent and fair.
Under Republican leadership, Congress failed to enact any meaningful
ethics reform. The only bill to move forward was a weak proposal to
assign names to earmark provisions in House-passed bills. However, the
bill was full of loopholes and so narrowly written that it didn't
amount to meaningful reform.
The fact is that the Members of Congress who have been found guilty of
wrongdoing in this Congress all violated the existing rules on the
books because they simply haven't been enforced. Proposals to
strengthen existing laws may improve the situation, but they will not
eliminate corruption in Washington. The only way to clean up our
politics is to reduce the importance of money in campaigns.
Public Financing of Campaigns: Stark is a cosponsor of the
“Clean Money, Clean Elections” bill (H.R. 3099) which would create a
publicly financed campaign system. The legislation creates a voluntary
system that gives candidates an option to forego private funding
without having to “unilaterally disarm.” The bill does so by providing
public funds to candidates and establishing voluntary campaign spending
limits. If a candidate exceeds these limits, matching funds are given
to their “Clean Money” opponent.
ENVIRONMENT
The quality of life of all Americans and the survival of the human
species depend on a healthy environment. The short-term interests of
corporations to pollute and developers to find cheap land to create
more sprawl must never take precedence over environmental protection.
Congressman Stark proudly maintains a 100% voting record with the
League of Conservation Voters.
CALIFORNIA
Stark was able to put the Bay Area delegation on record requesting a
900-acre Wildlife Refuge as part of the redevelopment of the closed
Alameda Naval Air Station.
He is an original cosponsor of the Northern California Coastal Wild
Heritage Wilderness Act (H.R. 233), which would designate areas of
Humboldt, Mendocino, and Napa counties as part of the National
Wilderness Preservation System. A national wilderness area must remain
in its natural, undeveloped state. The wilderness designation protects
the land from commercial development, motorized vehicles, and road
building.
Stark is an original cosponsor the Rancho Corral de Tierra Golden Gate
National Recreation Area Boundary Adjustment Act (H.R. 296) that would
add additional lands in Marin and San Mateo Counties to the existing
Golden Gate Recreation Area. This extension would protect over 4,500
acres of vital coastal watersheds and habitat for threatened species,
such as the coho salmon.
Stark is a cosponsor of the Southern Sea Otter Recovery and Research
Act (H.R. 2323), which would fund a recovery program for southern sea
otter populations along the coast of California. He cosponsored and
voted for Angel Island Immigration Station Restoration and Preservation
Act (H.R. 606), which will provide federal funding to restore Angel
Island Immigration Station in San Francisco Bay. The bill was signed
into law on December 1, 2005.
Stark also cosponsored and voted for legislation (H.R. 360) to provide
for the preservation of historic confinement sites where Japanese
Americans were interred during World War II. The bill passed the House
and awaits consideration by the Senate.
CLEAN WATER
Stark is an original cosponsor of the Clean Water Authority Restoration
Act (H.R. 1356), which would ensure that streams, ponds, wetlands and
other non-navigable waters are protected under the Clean Water Act
(CWA). Recent Supreme Court decisions have cast doubt on whether or
not the CWA applies to critical wetlands that happen to not be
physically adjacent to navigable surface waters. This bill protects
all waters in the United States under the CWA.
He is also an original cosponsor of the Clean Water Protection Act
(H.R. 2719), which would overturn Bush Administration regulations that
allow mining companies and other industries to dump fill and other
waste material into streams and wetlands, and the Clean Cruise Ship Act
(H.R. 1636), which would prohibit cruise vessels entering U.S. ports
from discharging sewage or bilge water.
Stark is a cosponsor of the Clean Water Infrastructure Financing Act
(H.R. 2684), which would provide $25 billion in additional federal
funds to help States and localities build and maintain wastewater
treatment facilities, and the Safe Drinking Water for Healthy
Communities Act H.R. 213, which requires the Environment Protection
Agency to regulate the concentration of perchlorate in drinking water.
Additionally, Stark is a cosponsor of legislation (H.R. 4800) that
would amend the Toxic Substances Control Act in order to implement
numerous international treaties, including the Stockholm Convention, on
toxins and pollutants. This bill would set a baseline regulatory scheme
for controlling toxic pollution, but would still allow states to
implement more protective standards. Flexibility is particularly
important in the San Francisco Bay area, which has some the nations
strongest restrictions on the use of toxic chemicals. Under other
bills that would implement the Stockholm Conventions, many of
California’s strong regulations would be overridden by weaker federal
laws.
GLOBAL WARMING
Manmade greenhouse gases are already wreaking havoc, raising
temperatures throughout the United States and the world. They’re also
melting polar ice caps at alarming rates, threatening island
communities, raising surface water temperatures, and devastating marine
life. Rather than wait for the full and devastating impact of global
warming to occur, Stark supports taking immediate action to save our
planet.
Stark is a cosponsor of two bills that would cap and gradually reduce
greenhouse gas emissions. The Climate Stewardship Act (H.R. 759) would
reduce greenhouse gas emissions levels to the 2000 level by 2010 and
would expand research into initiatives to combat global warming. The
Safe Climate Act (H.R. 5642) calls for a 2% yearly reduction in
emissions beginning in 2010 and provides an enforcement mechanism.
Stark is also an original cosponsor of a resolution (H. Res. 515)
requiring the Bush Administration to submit to Congress all documents
in its possession relating to the anticipated effects of climate change
on the coastal regions of the United States.
OIL DRILLING
Stark has always voted against expanding offshore oil and gas drilling
that is currently allowed only in the central and western Gulf of
Mexico and Alaska. These drillable areas contain 80% of the country’s
offshore reserves. Scarring more of our coastline would be foolhardy
and temporary. Stark voted against the Deep Ocean Energy Resources Act
(H.R. 4761), which would offer states like California huge financial
incentives for opening their waters to drilling. He is also an
original cosponsor of the California Ocean and Coastal Protection Act
(H.R. 4782), which would permanently ban drilling off of California’s
coast.
Stark also voted against opening the Arctic National Wildlife Refuge to
drilling and is a cosponsor of the Udall-Eisenhower Arctic Wilderness
Act (H.R. 567), which would designate ANWR as protected wilderness.
The annual debate on ANWR (which contains at most a six-month supply of
oil) is a waste of time and should be put to rest once and for all so
we can focus on reducing consumption and finding alternative sources of
energy.
WILDERNESS PROTECTION
Stark is a cosponsor of the bipartisan National Forest Protection and
Restoration Act (H.R. 3420) that would end commercial logging on
National Forest land, phasing out existing logging contracts over 2
years.
Stark is also an original cosponsor of the National Forest Roadless
Area Conservation Act (H.R. 3563) to preserve 58 million acres of
pristine forests throughout the United States from commercial logging
by overturning Bush Administration amendments that have weakened the
Clinton Administration Roadless Rule.
Stark is a cosponsor of the Alaska Rainforest Conservation Act (H.R.
11155) that would set aside the pristine Tongass and Chugach National
Forests as protected wilderness. Stark also voted in favor of an
amendment to the Fiscal Year 2007 Interior Appropriations bill that
would prohibit federal subsidies for building logging roads in the
Tongass National Forest. The amendment passed by a vote of 237-181.
Stark is an original cosponsor of the America's Red Rock Wilderness Act
(H.R. 1774), which would designate 9.5 million acres of Utah's
spectacular red rock country as wilderness. Currently, the U.S. Bureau
of Land Management (BLM) owns the land, but BLM is not prohibited from
selling part of the area for development.
Stark is an original cosponsor of the Rockies Prosperity Act (H.R.
1024) that would set aside 18 million acres of pristine public lands in
Montana, Idaho, Wyoming, Washington, and Oregon as protected wilderness.
Stark voted for the Trail Responsibility and Accountability for the
Improvement of Lands (TRAIL) Act (H.R. 975) to raise penalties for
individuals who intentionally inflict damage to federal lands and set a
minimum fine of $500 for individuals who violate fire bans on federal
lands. The bill passed the House and awaits consideration by the
Senate.
WILDLIFE
Stark voted against Representative Pombo’s Threatened and Endangered
Species Recovery Act (H.R. 3824), which would gut the Endangered
Species Act and grant unprecedented and immeasurable subsidies to
landowners. The bill passed the House and awaits consideration by the
Senate.
Stark is a cosponsor of the Salmon Planning Act (H.R. 1615), which
would require planning to preserve salmon in the Columbia River basin.
ENERGY
Congressman Stark has long believed that the U.S. cannot depend on
fossil fuels because they are expensive, polluting, contribute to war
and global unrest, and will run out within the next 50-100 years.
Reducing America’s reliance on foreign oil and advancing clean energy
technologies, if done thoughtfully, can create millions of new American
jobs and revitalize the country’s manufacturing base.
Of all the oil used in the United States, 40 percent is for passenger
vehicles, which is why raising fuel economy standards is the most
important step to reducing consumption and, ultimately, lowering gas
prices. Stark voted for an energy bill amendment that would have
raised fuel economy to 33 miles per gallon, saving 1.1 million barrels
of oil a day by 2015 and 2.6 million barrels by 2025. Unfortunately,
the amendment failed by a vote of 177-254. He is also a cosponsor of
legislation to raise fuel economy standards to 45 miles per gallon.
Stark is a cosponsor of the New Apollo Energy Act (H.R. 2828), which
would require utilities to generate a certain portion of their energy
from renewable sources, provide tax incentives to encourage American
businesses and consumers to purchase clean energy technologies and
renewable energy, radically increase funding for clean energy
technology research and development, and require the federal government
to purchase clean energy and create state-of-the-art energy savings
programs in federal offices.
Stark is also a cosponsor of the Energy Efficiency Cornerstone Act
(H.R. 3263), which would set higher efficiency standards for everything
from buildings to appliances. More energy has been produced by energy
conservation since the early 1970s than any other single energy source,
and yet it is still virtually an untapped resource in this country.
He is a cosponsor of the Taxpayer Protection Against Wasteful Energy
Credits Act (H.R. 837), which repeals the boondoggle subsidy for
so-called “clean coal,” and the Energy Fairness for America Act (H.R.
5300), which would terminate all subsidies and tax breaks for oil
companies.
Stark voted against all efforts by the Republican Congress to increase
coal, gas, and oil subsidies and overturn environmental regulations to
encourage exploration and drilling on pristine lands. Instead, he
cosponsored the No Special Tax Subsidies for Gas Guzzlers Act, which
would repeal the depreciation and gas-guzzler tax loopholes for SUVs.
ANIMAL RIGHTS
Stark works to ensure the safe and humane treatment of all animals.
He cosponsored and voted for the American Horse Slaughter Prevention
Act (H.R. 503), which would effectively end the slaughter of horses and
the national and global transport for human consumption as well as of
horses for human consumption. The bill awaits consideration by the
Senate.
He is also a cosponsor of the Downed Animal Protection Act (H.R. 3931)
to make it unlawful for any stockyard owner, market agency, or dealer
to trade, market, hold or drag any non-ambulatory livestock unless the
livestock has been humanely euthanized.
Stark is a cosponsor of the Pet Animal Welfare Statute (PAWS) (H.R.
2669) that would strengthen the Animal Welfare Act (AWA) and ensure the
safety and protection of animals in commercial breeding facilities.
He is also a cosponsor of the Animal Fighting Prohibition Enforcement
Act (H.R. 817) that would increase the imprisonment penalty for animal
fighting violations and would make it unlawful to transport instruments
used for bird-fighting. The bill passed the Senate and awaits
consideration by the House.
FAIRNESS IN THE NATIONAL FLOOD INSURANCE PROGRAM
Several years ago, national agencies updated the flood maps in Alameda
County. As a result, thousands of residents of San Leandro and Fremont
were forced to buy flood insurance – on short notice and after the
official community appeal window had closed. Many residents
subsequently hired surveyors -- at their own expense – and were
eventually found to have been incorrectly placed in the floodplain.
In response, Stark successfully passed an amendment to the Flood
Insurance Reform and Modernization Act of 2006. His amendment requires
FEMA to send notification by first-class mail to anyone added to a
floodplain in advance of the 90-day appeal period.
If the Senate approves this legislation, every homeowner in the country
who is added to a floodplain will be able to appeal with his or her
neighbors at no cost. Because FEMA is currently modernizing and
computerizing its maps, Stark’s amendment would impact nearly all
residents of the 20,000 “communities” nationwide that participate in
the National Flood Insurance Program.
BRINGING FEDERAL RESOURCES TO CALIFORNIA’S 13th DISTRICT
In the 109th Congress, Stark has secured millions of dollars for
projects identified as high priorities by local communities within the
13th Congressional District.
Location
|
Project
|
Funding
|
AC Transit
|
Welfare-to-work reverse commute bus service from
lower-income neighborhoods to employment centers
|
$5,000,000
|
AC Transit
|
Telegraph Ave./International Blvd./East 14th
St. Bus Rapid Transit
|
$418,000
|
Alameda
|
Expand public transportation to Alameda Point
|
$1,672,000
|
Alameda
|
Park Street Business District revitalization
|
$700,000
|
Alameda County
|
Another Road to Safety program, which reduces the
number of children entering the Child Protective Services system by providing
intervention to at-risk families
|
$650,000
|
Alameda County
|
Transportation improvements in I-880 corridor
|
$400,000
|
Alameda County
|
Children’s Assessment Center, which allows
professionals to make placement decisions in a child-friendly environment for
children removed from their homes by Child Protective Services
|
$300,000
|
Alameda County (San Lorenzo)
|
East 14th St. revitalization
|
$600,000
|
Don Edwards-San Francisco Bay National Wildlife Refuge
|
Wetlands restoration of the salt ponds in the South Bay
|
$1,080,000
|
Fremont
|
I-880/Mission Blvd. interchange expansion
|
$4,450,000
|
Fremont
|
Laguna Creek flooding prevention study
|
$104,000
|
Fremont
|
Technology upgrades for police vehicles
|
$100,000
|
Fremont
|
Upgrades and safety renovations to the Kidango Rix
Child Care Center
|
$97,000
|
Hayward
|
I-880/92 interchange expansion
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$1,400,000
|
Hayward
|
Rebuild and expand the Tiburcio Vasquez Health Center
|
$250,000
|
Newark
|
Construct overpass at Central Ave. to avoid railroad
crossing
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$600,000
|
San Francisco Bay Trail
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Construction of a bridge between Oyster Bay Regional
Park in San Leandro and Metropolitan Golf Course in Oakland
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$600,000
|
San Leandro
|
Estudillo Canal flooding prevention study
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$779,000
|
San Leandro
|
Maintenance dredging of the Jack D. Maltester
Channel/San Leandro Marina
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$675,000
|
San Leandro
|
Expand I-880 overpass at Davis St.
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$600,000
|
San Leandro
|
East 14th St. revitalization
|
$350,000
|
San Leandro
|
Construction of the San Leandro Senior Citizens Center
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$97,000
|
Union City
|
Union City Intermodal Station
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$4,053,000
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HELPING CONSTITUENTS WITH GOVERNMENT
During the course of the 109th Congress, Stark and his staff have
resolved approximately 2500 cases for constituents. His office did
everything from track down missing Social Security checks to assist
constituents in pursuit of their claims before the government. Often,
constituent work allowed family members in the United States to reunite
with family members overseas. It is always a privilege to be of help
to the people of the 13th Congressional district with their federal
concerns.
Below are examples of actual cases that have been successfully resolved by the Stark team:
SSI / Medicare
An elderly woman relying on SSI as her only income received a bill from
Medicare for $786 in premiums. The State is supposed to pay the
Medicare premiums of those on SSI. In response to Stark’s inquiry, the
State corrected the error and reinstated her premium payments.
SSA Disability
A disabled constituent was terminally ill with cancer. As a result of
Stark’s inquiry, her claim was expedited and she received a retroactive
payment of $9,782.00.
SSA Retirement
A constituent receives a pension from the Philippine government in
addition to his Social Security benefits. The Social Security
Administration (SSA) was giving the foreign pension a US dollar value
of $1000/month, and offsetting his Social Security benefit
accordingly. The true US value was only $258. As a result of Stark’s
inquiry, the SSA corrected the record, increased his Social Security
amount, and sent him a retroactive payment. As a result, the
constituent realized he was also eligible for SSI.
SSA Scrambled Earnings
A constituent was denied Social Security retirement benefits because he
had legally used 3 different names and 3 different Social Security
numbers during his life, causing confusion in his earnings record. As
a result of Stark’s inquiry, SSA reviewed all the records, and was able
to process his benefit claim.
Department of State / Passport Agency
A Family of 4 applied for passports, and the children’s never arrived.
The parents called the passport agency 6 times in a month, but were
told the passports could not be expedited until after their vacation
was scheduled to begin. As a result of Stark’s inquiry, the family as
able to pick up their passports before their vacation.
Department of State
Stark’s office encouraged the Refugee Resettlement Program to consider
a constituent’s eligibility for refugee resettlement based on the fact
that he was in a POW camp for 3 years.
Department of State
The Consulate in Chennai denied an immigrant visa for a constituent’s
sister because they thought she had overstayed a visitor’s visa. She
had not overstayed, but had applied for and was granted an extension.
As a result of Stark’s inquiry, she was scheduled for another interview
and granted a visa.
Department of State
Stark requested the expedited processing of an immigrant visa for a two
year old before the mother’s visa expired so that the child and her
mother could immigrate at the same time.
Army
A highly decorated veteran was having problems with the computation of
her retirement pay. She had sent in complete documentation 4 times and
attempted to contact the proper authorities 6 times, with no reply.
Stark was able to get the Army to correct her record.
National Personnel Records Center
Oak Knoll Naval Hospital has been closed a number of years. A
constituent and doctor were having difficulty retrieving records of a
surgery conducted at the hospital. As a result of Stark’s inquiry, the
records were made available in time to be useful for a subsequent
surgical procedure.
Defense Finance and Accounting Service
A Veteran had been trying for a year and a half to be reimbursed for
his living quarters allowance during a period when he was working
overseas. As a result of Stark’s inquiry, a complete review of his
overseas assignment was conducted. The records were corrected and he
received $15,707.
Golden Gate National Cemetery
A constituent’s father was a WWII veteran and his dad’s last wish was
to be buried at Golden Gate National Cemetery. It is commonly known
that the cemetery has been full for years. As a result of Stark’s
inquiry, the cemetery found a spot in which to bury the constituent’s
father.
Veterans Administration Medical Center
A 100% disabled Vietnam veteran received an implanted pacemaker at the
VA in Palo Alto. The pacemaker malfunctioned, resulting in a medical
emergency that forced the veteran to obtain care at the closest
hospital. Because no beds were available at VA facilities, the veteran
was unable to transfer and remained at a non-VA facility. The VA
subsequently denied medical costs of approximately $68,000. As a
result of Stark’s inquiry, the VA reconsidered the claim and paid the
hospital bill.
Centers for Medicare & Medicaid Services
Medicare notified a Kaiser beneficiary that she was no longer enrolled
in Medicare Part A or Part B. As a result Kaiser disenrolled the
beneficiary as well. Stark inquired with SSA who found the error,
corrected it, and reinstated her Kaiser plan.
Citizenship and Immigration Services
A constituent suffered a swimming accident that left him on a
ventilator with no chance of survival. Stark worked with officials in
Ho Chi Minh City, Vietnam to obtain an emergency visa and passport for
his mother, who as a result, was able to see her son before his passing.
Citizenship and Immigration Services
A registered nurse needed to travel overseas both on business and to
renew an expiring work visa. Her documents were approved, but over a
year later she had not received them. Three weeks before her departure,
Mr. Stark’s office requested an expedited review, and the constituent
received the documents she needed in time to make her scheduled flight.
Citizenship and Immigration Services
An individual was in jeopardy of being deported because both his mother
father, a War II veteran who acquired US citizenship through his
military service, died before he could legalize his status through
them. With Stark’s help, Immigration and Customs Enforcement terminated
deportation proceedings.
Citizenship and Immigration Services
After coming to the US for high school on an exchange program, a
student filed the necessary papers to allow her to stay in the US to
attend college. She enrolled in college, but subsequently found her
student visa denied because US Citizenship and Immigration Services
found her original status invalid. The university was unable to resolve
the problem. But Stark’s office sorted out a very complicated set of
mishaps, and immigration officials approved her student visa, allowing
her to stay in the US and complete her nursing studies.
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