Idaho Examiner - Rep. Butch Otter News Releases

Simpson and Otter Deal Blow to Death Tax

2006-06-23T07:10:00.000-07:00

House measure increases exemptions for farmers and small businesses

Washington, D.C. - Idaho Congressmen Mike Simpson and C.L. “Butch” Otter joined fellow members of Congress in providing permanent taxpayer relief from one of our nation’s most onerous taxes – the Estate Tax. H.R. 5638, the Permanent Estate Tax Relief Act of 2006 (PETRA), passed the U.S. House of Representatives with a vote of 269-156.

“Americans pay taxes on their assets and income their entire life and should not be taxed again upon death, it is that simple, we should not have double taxation,” said Simpson. “No family should be burdened with a new, onerous tax while grieving a loved-one and planning a funeral. There are things in this world that demonstrate a clear difference between right and wrong – and taxing someone for dying is just plain wrong.”

“Losing a loved one is a terrible thing. Losing a loved one’s life work adds insult to injury. Nobody likes paying taxes, but most of us accept that it’s part of our working life. For many of us, building a family farm, ranch or business as a financial legacy for the next generation is a big part of the American Dream,” said Otter. “The death tax puts the interests of government ahead of that dream by laying a second claim on what our loved one earned during their lifetime. We should be trying to encourage families to take care of one another. Instead, we’re giving hard-working, successful people an incentive to spend their assets now rather than building their family’s future. Once and for all, let’s give tax collectors something better to do than stand outside cemeteries.”

Small businesses and family farms are especially vulnerable to Estate Taxes because most have the entire value of their business and farm in their estate. H.R. 5638 increases the exemption amount to $5 million per person, and $10 million per couple, effective January 1, 2010.

By permanently increasing exemptions from the Estate Tax, H.R. 5638 will simplify tax law and facilitate more efficient long-term financial planning for business owners, farmers, and families.

Under current law, the Estate Tax is being phased-out gradually through 2010. However, in 2011, the tax reemerges in yet another form leaving taxpayers to plan for three possible scenarios - pre 2010 when the exemption levels are gradually increasing and the top grate gradually decreasing; 2010 when the tax is completely repealed; or 2011 when the tax reemerges. By making death tax relief permanent, taxpayers will have the certainty they need to make long-term financial planning decisions.

The legislation also creates a 60 percent deduction for qualified timber capital gains. This deduction alleviates the disparate tax treatment of timber gains under current law and makes timber companies more efficient and competitive against foreign importers.

H.R. 5638 will now be sent to the U.S. Senate for consideration.

WORLD WAR II VETERAN FINALLY GETTING MEDALS

2006-06-22T08:04:00.000-07:00

CONGRESSMAN OTTER TO HONOR LYNN EICHELBERGER OF BOISE ON SATURDAY

STAR, Idaho – Lynn Eichelberger of Boise, an 87-year-old veteran of World War II, will receive long-overdue official recognition on Saturday for his wartime service in the Pacific.

Eichelberger, who was a Private First Class in the U.S. Army, will be awarded seven military service awards – including the prestigious Bronze Star – during a presentation at Congressman Otter’s Star ranch at 6 p.m. Saturday.

Eichelberger’s wife Virginia, daughter Linda Heller and granddaughter Jordan Heller, as well as other family members, are scheduled to attend. Congressman Otter was proud to present the belated military decorations, and praised Eichelberger’s service.

“Everyone living in America today and enjoying our freedoms and opportunities owes a debt of gratitude to Lynn Eichelberger and all the other veterans who fought tyranny and aggression, and continue fighting it today,” Congressman Otter said. “Whether it’s on a Pacific island against the troops of a nation bent on conquest or in a Middle East desert against insurgents and terrorists, America’s heroes have always been ready to step forward to defend liberty. Lynn Eichelberger did his part, and he deserves this overdue recognition.”

The Bronze Star is awarded for “heroic or meritorious achievement or service.” Eichelberger received it, along with a Purple Heart awarded on June 12, 1945, for injuries received from exposure to enemy shell bursts on Ie Shima in Japan’s Ryukyu Islands.

Other honors he will receive Saturday include the Good Conduct Medal, the Asiatic-Pacific Campaign Medal and Bronze Star Attachment, the World War II Victory Medal, the Combat Infantry Badge, the Philippine Liberation Ribbon and the World War II Honorable Service Lapel Button.

HOUSE BARS FAA FROM CLOSING BOISE TRACON

2006-06-15T07:23:00.000-07:00

IDAHO LAWMAKERS SUPPORT APPROPRIATIONS AMENDMENT TO BAR SPENDING ON PLAN

WASHINGTON, D.C. – Idaho Congressmen Mike Simpson and C.L. “Butch” Otter helped win House approval on Wednesday for blocking the Federal Aviation Administration from consolidating or closing the TRACON Center at the Boise Airport.

The House voted 261-166 for an amendment, offered by Florida Congressman Alcee Hastings and promoted by the Idaho lawmakers, to bar any money appropriated to the FAA from being used to “eliminate, consolidate, co-locate, or plan for the consolidation or co-location of a Terminal Radar Approach Control (TRACON).” The amended appropriations bill still must be considered by the Senate.

Wednesday’s vote was a victory for Boise and Idaho officials who have opposed an FAA proposal to move Boise TRACON operations to Salt Lake City as part of nationwide consolidation efforts. The FAA argued that the move would not reduce flight safety in Boise, and would save $2.47 million over 25 years, but members of Idaho’s congressional delegation were dissatisfied with the agency’s response to requests for more information and justification.

“The House today sent a strong message to the FAA that the American people will not accept any degradation of aviation safety – especially for the meager savings this consolidation promises,” Congressman Simpson said. “In Idaho, the TRACON is critical to our ability to fight wildfires, protect the lives and property of our state’s citizens, and meet the demands of rapidly growing air travel in our region. The FAA must understand that the People’s House has now spoken on this issue and its position on TRACON consolidations is crystal clear.”

Congressman Otter said the FAA’s cost analysis of the proposal was rudimentary and badly flawed. It failed to account for all personnel costs and other potential cost increases. In fact, Otter told his House colleagues, “the planned move will likely result in greater costs over that 25-yer period.”

“We aren’t talking about decreasing the size of government or lowering our costs here,” he said. “Until FAA can articulate real cost savings and a national strategy for TRACON collocation and consolidation, we ought not go down this path any further.”

The FAA’s current consolidation proposal seeks to eliminate 14 of 24 TRACON facilities in nine states. Congressman Hastings objected to the agency’s plans to consolidate TRACON sites at Miami International, Fort Lauderdale International and Palm Beach International airports into one facility.

OTTER HOSTS BASQUE PRESIDENT’S HILL VISIT

2006-06-08T07:39:00.000-07:00

IDAHO CONGRESSMAN WELCOMES JUAN JOSE IBARRETXE TO WASHINGTON, D.C.

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter, joined by former Idaho Secretary of State Pete Cenarrusa and other representatives of Idaho’s vibrant Basque community, hosted a visit to Capitol Hill this week by Juan Jose Ibarretxe, president of the Autonomous Basque Government of the Kingdom of Spain.

Accompanying this press release is a photograph of President Ibarretxe, Mr. Cenarrusa and Congressman Otter.

In presenting President Ibarretxe with the Seal of the U.S. House of Representatives pictured in the photo, Congressman Otter congratulated the President for his important role in bringing about the ceasefire announced in March by Euskadi Ta Askatusuna (ETA), which has used terrorist tactics in an attempt to force independence for the Basque Region from Spain.

“Perhaps we can look to the Basque people and use your success as a blueprint for peace with our adversaries as well,” Congressman Otter said.

President Ibarretxe was in Washington on Tuesday and Wednesday to address the United States Institute of Peace and to discuss his views with members of the House and Senate on how the ceasefire can evolve into a definitive agreement with Spain to bring a permanent peace. The Institute is an independent, nonpartisan, national institution established and funded by Congress. Its goals are to resolve violent international conflicts, promote post conflict stability and increase peace building internationally.

The Autonomous Basque Government of the Kingdom of Spain has authority under the Spanish Constitution for the majority of governmental functions in three of the four provinces of the "Historic Basque Country" of northern Spain. Accordingly, the Basque Government has responsibility for all governmental functions except national defense, foreign relations and monetary policy in that area of Spain bordering the Bay of Biscay next to France.

The Autonomous Government, which was established in 1979, is headed by a President, or Lehendakari (in the Basque language), elected by a 75 member Parliament. A biography for President Ibarretxe (E Bar Etch Eh) can be found at www.euskadi.net The Website can be read in English by selecting "en" in the bar for languages at the homepage.

Approximately 3 million ethnic Basques live in a region of Spain that is about the same size as Vermont. There are over 100,000 individuals of Basque ethnic background living in the United States today. Of that number, more than 30,000 live in Idaho. Congressman Otter, in his former capacity as Idaho’s lieutenant governor, led a delegation of Idaho business leaders to the Basque Region of Spain in 1989.

The Idaho Legislature, during its recently concluded annual session, unanimously adopted a memorial on behalf of the Basque American community in the state commending the governments of Spain and the Basque Region for their efforts to bring about the cease fire by ETA.

For additional information, contact Congressman Otter's office or Roy Eiguren, President of the American Basque Foundation, at (208) 859-1896 or www.RoyEiguren@givenspursley.com.

IDAHO LAWMAKERS BACK ENERGY INDEPENDENCE

2006-05-26T07:32:00.000-07:00

Bill Authorizes Oil Exploration and Production in ANWR

WASHINGTON, D.C. – Idaho Congressmen Mike Simpson and C.L. “Butch” Otter voted with the House majority on Thursday for legislation to reduce high gas prices and America’s dangerous dependence on foreign oil.

The American-Made Energy and Good Jobs Act, H.R. 5429, was approved 225-201. It now goes to the Senate for consideration. Its key provisions include authority to explore for oil and natural gas in Alaska’s Arctic National Wildlife Refugee (ANWR).

Exploration in ANWR will be limited to a small area and conducted under the most stringent environmental protection requirements ever applied to a federal energy project. The production and development of ANWR would bring with it hundreds and thousands of new jobs, boosting the economies of Alaska and America.

“We’re promoting alternative energy, from geothermal to nuclear and wind to biomass. We’re promoting more efficiency and conservation. We’re working on an ethanol infrastructure. But none of those measures will bring down gas prices for America’s working families in the short term. Making a real commitment to tapping the oil riches of ANWR will make a difference, by influencing the psychology of the worldwide oil market that now literally has us over a barrel,” Congressman Otter said. “I hope the Senate can get past its paralyzing political correctness and do the right thing for the American people.”

“The answer to skyrocketing gas prices is to diversify,” Congressman Simpson said. “America needs to be energy self-sufficient and that means we need to drill in ANWR, build new nuclear reactors, and research and develop other alternative energy sources. With this action, the House has taken another significant step toward ending our crippling reliance on foreign oil.”

Highlights of H.R. 5429, the American-Made Energy and Good Jobs Act, include:

Ø An export ban requiring all oil and natural gas produced in ANWR’s northern Coastal Plain to stay in America.

Ø Stringent environmental protections including requirements that the Department of the Interior establish regulations to ensure that drilling will have no significant adverse effect on fish and wildlife and their habitat.

Ø A limit on the total surface area covered by drilling and production facilities to 2,000 acres.

OTTER WEIGHS IN ON SEARCH OF HOUSE OFFICE

2006-05-26T06:41:00.000-07:00

CONGRESSMAN CONTENDS LAWMAKERS SHOULD BE HELD TO SAME STANDARD AS OTHERS

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter issued the following statement Tuesday in response to comments from congressional leaders regarding the FBI’s Saturday night raid on the office of Democrat U.S. Rep. William Jefferson of Louisiana.

“It’s tough for me to get too excited about the howls of protest from leading members of Congress on both sides of the aisle. I understand their concerns about protecting the independence of the legislative branch and possible abuse of executive powers. But it makes me wonder: Where were these voices of outrage and righteous indignation when we learned the executive branch was monitoring the telephone conversations of ordinary Americans? Where were they when the executive branch sought more power to search the homes and businesses of ordinary Americans without notification? At least we know there was a legitimate warrant issued by a judge for the search of Congressman Jefferson’s office. Are my honorable colleagues suggesting that members of Congress or the institution itself should be treated differently in the eyes of the law than those who hold the most important position in America – that of ‘citizen?’ I hope not.”

HOUSE VOTES TO SPEED UP FOREST RECOVERY

2006-05-19T06:11:00.000-07:00

SIMPSON AND OTTER BACK BILL TO CUT RED TAPE, IMPROVE FOREST HEALTH

WASHINGTON, D.C. – Idaho Congressmen Mike Simpson and C.L. “Butch” Otter joined the 243-182 bipartisan House majority on Wednesday in approving legislation to cut through red tape that often forces federal agencies to wait years before properly managing forests ravaged by wildfire or other natural disasters.

Both Simpson and Otter are cosponsors of the Forest Emergency Recovery and Research Act, H.R. 4200, which was written after nine congressional hearings conducted at the Capitol and in national forests around the country.

The bill calls for the departments of Agriculture and Interior to work with land-grant colleges and universities on research and development, then on implementing the most effective, ecologically sound methods and management practices for long-term forest recovery and short-term emergency stabilization projects.

It does not mandate a particular course of action for land managers, such as salvage logging, but instead acknowledges that the right policy is to allow federal land managers on the ground to determine which of the best management practices developed under the bill, if any, a forest needs after a natural disaster, and how quickly it needs them.

“This bill will allow forest managers to establish a much needed, scientifically based plan to recover and restore federal forests after natural disasters, such as wildfires, tornados and hurricanes,” Simpson said. “It will also increase the involvement and collaboration with states, local governments, tribes and universities while recovering damaged forests after a natural disaster has taken place.”

“The folks who know best how to restore forest health too often are prohibited from doing their jobs in a timely fashion, leaving stricken areas filled with dead and dying trees. That’s an invitation for more devastating fires, erosion, degradation of streams and the spread of bug infestations and disease,” Otter said. “Every day we lose in getting to work on the job of forest restoration hurts the resource, and all the people who depend on it.”

HOUSE AGAIN APPROVES RIGHT-TO-RIDE BILL

2006-05-19T06:09:00.000-07:00

IDAHO LAWMAKERS SUPPORT PROTECTING PACK AND SADDLE ACCESS TO PUBLIC LAND

WASHINGTON, D.C. – The U.S. House of Representatives late Tuesday approved legislation cosponsored by Idaho Congressmen Mike Simpson and C.L. “Butch” Otter to safeguard the traditional use of pack and saddle stock animals on America’s public lands.

The Right-to-Ride Livestock on Federal Land Act, H.R. 586, passed the House by voice vote. The bill recognizes that the use of horses, mules and other stock has a long tradition in American culture that deserves protection. A similar bill was approved by the House in 2004, but failed to clear the Senate.

The measure, which once again now goes to the Senate, would ensure that public lands will be managed to “preserve and facilitate the continued recreational use of pack and saddle stock animals.” It recognizes the importance of livestock use on National Park Service, Bureau of Land Management and Forest Service properties, including wilderness areas.

The historical legacy of livestock use on public lands runs deep. President Theodore Roosevelt, a renowned environmentalist and outdoorsman, explored the West extensively on horseback. John Muir, founder of the Sierra Club, traveled with packhorses in 1869 through what later would become Yosemite National Park.

“The chance to see Idaho’s backcountry on horseback is a legacy I’m determined to save for my grandchildren,” Congressman Otter said. “The tradition of exploring nature from the top of a horse goes beyond professional outfitters; it includes families, youth organizations, church groups, senior citizens and the disabled. It’s a part of our heritage that shouldn’t be left to history books and old movies. This bill ensures it can be passed on from generation to generation.”

“Without the ability to ride horses, so much of our western way of life would not have been possible. Allowing for the continued use of horses and other pack animals on federal lands not only makes sense, it is important to the future of the West,” Congressman Simpson said. “Not only does this bill allow for the continued use of pack or saddle stock on federal lands, but it also preserves the tradition of horses in American culture.”

GENESEE STUDENT WINS ART COMEPTITION

2006-05-12T07:38:00.000-07:00

EXCHANGE STUDENT FROM SOUTH KOREA EARNS PRIZE FOR “ART HEALS”

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter announced Monday that JiYun Shin, an exchange student from South Korea attending her junior year at Genesee High School, is Idaho’s 1st District winner in the 2006 Congressional High School Art Competition.

Her graphite and charcoal drawing titled “Art Heals” will be shipped to Washington, D.C., next month to begin a year on display in the U.S. Capitol.

JiYun Shin, and her high school art teacher, Jennifer Hayne, have been invited to fly to Washington courtesy of Southwest Airlines for a June 28 ceremony opening the art display with award-winning work from students throughout the country.

“Art Heals” was chosen from among 38 entries assessed by a panel of judges, which included artists and gallery owners. Students submitted artwork from throughout Idaho’s 1st District, including Boise, Cascade, Clark Fork, Coeur d’Alene, Eagle, Emmett, Genesee, McCall, Meridian, Moscow, Post Falls, Sandpoint and Weiser.

“The level of participation and the number of schools and communities getting involved in the art competition this year is a testament to how important self expression is in the life of young men and women,” Congressman Otter said. “I’m proud to be able to offer this opportunity for their talent to shine and for them to experience the joy and freedom of art.”

The Congressional High School Art Competition, now in its 25th year, encourages and recognizes the rich artistic talents of young Americans. This year’s theme, An Artistic Discovery, offered students the chance to showcase their creative abilities while providing a way to acknowledge gifted young artists.

TWO WRONGS DON’T MAKE A RIGHT

2006-05-04T13:39:00.000-07:00

ILLEGAL IMMIGRATION HURTS AMERICA, BUT SO DOES RACISM, HATRED, VIOLENCE

By Congressman C.L. “Butch” Otter

My views about illegal immigration are clear. I oppose it, and I oppose amnesty for those who come here illegally. I have spoken out repeatedly about the need to secure our borders and stop those who are shoplifting citizenship. I voted for and continue to support the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005, which was passed by the House in December.

The ends of financial security and economic opportunity do not justify the means of breaking our laws to obtain it. It is not too much to expect all those who come to our shores to respect our laws, and accept the consequences when those laws are broken.

Situational ethics and eagerness to address immediate labor needs here in America certainly contribute to the problem. However, while poverty and lack of opportunity in Mexico or elsewhere may be good reasons for domestic change in their country, they are not excuses for breaking the laws of our country.

I will continue pressing my colleagues in Congress to secure our borders and preserve the value of American citizenship. Forget world opinion: There are real public policy issues of consequence involved, right here at home – issues of sovereignty and security and how we see ourselves.

However, while Congress and the public continue debating the important issues of border security and immigration reform, I have been disheartened to read headline after headline about one of the most unwelcome impacts of that debate on Hispanics in America.

One recent example in particular summed up the problem: “Extremists Declare ‘Open Season’ on Immigrants: Hispanics Target of Incitement and Violence.”

This is no recitation of liberal dogma or media hype. This is real and disturbing, and unacceptable to the character of our country. A growing number of incidents are being reported in which racists and other hate-mongers are using public concern about immigration as an excuse for acting out against people of Hispanic descent.

Instances of such mindless hatred have been very rare in Idaho, where Hispanics are a vital and constructive part of our fast-growing population and economic tapestry. My message to fellow Idahoans is simple and straightforward: There is no excuse.

We must oppose criminal behavior. Those who enter our country illegally are, by definition, engaging in criminal behavior and must be held accountable. However, there is no excuse for hurting anyone with words or deeds, and there is no excuse for inciting others to hatred or violence against anyone.

To honor what it means to be an American, to have the freedom of expression and the protection of our Constitution and laws, means recognizing and nurturing what unites us rather than what divides us. It means that citizenship is your birthright, but that being worthy of those who earned it with their own sacrifice must be a lifelong pursuit.

I will not stand idly by while a few disaffected Americans cheapen citizenship and discredit us all by appealing to the worst in human nature. It is up to those of us in positions of public trust to lift the veil of shame that hides the ugliest of truths.

More importantly, it’s up to all of us – everyone – to reject the kind of blind prejudice and xenophobic nonsense that creates decades and generations and centuries of separation and hostility and retribution. Letting a discussion become a cause risks creating the kind of fractured, embittered nation with which we now find ourselves at war in Afghanistan and Iraq, a nation where we are defined more by our ancestry than our ambition, and more by what we despise than what we value.

That is not my Idaho, and I trust it is not yours.

The vast majority of Idahoans are working with me and other government, community and business leaders toward constructive, reasonable solutions. Yet all it takes for evil to succeed is a few people who would rather blame others for their own misfortunes than redouble their efforts to succeed or seek out new opportunities.

Please don’t let those few find a home or hospitality here in Idaho. Please don’t answer one crime with another. Please join me in rejecting hatred and embracing “one nation, under God, with liberty and justice for all.”

CONGRESSMAN TO AWARD BELATED HONORS

2006-03-22T04:46:00.000-08:00

CIVIL WAR HERO’S MEDAL OF HONOR TO BE PRESENTED TO IDAHO MUSEUM

BOISE, Idaho – Congressman C.L. “Butch” Otter is privileged to announce that he will presenting and placing on public display Saturday a Medal of Honor earned during Civil War naval battles by Landsman Gurdon H. Barter, who is buried in Viola.

The presentation is scheduled for 10 a.m. Saturday at the Idaho Military History Museum, 4748 Lindbergh Street, in Boise. Congressman Otter was chosen to present the Medal of Honor because of his assistance in coordinating Barter’s belated recognition.

Gurdon H. Barter earned the Medal of Honor while serving aboard the U.S.S. Minnesota during the Civil War battles of December 1864 and January 1865 at Fort Fisher, North Carolina. He was never aware of the award, and the Medal has been in the Navy’s possession since it was approved for issuance on June 22, 1865. Barter died in Viola on April 22, 1900. He finally received a Medal of Honor headstone in 1994.

The Medal of Honor citation for Landsman Barter states: “On board the U.S.S. Minnesota, in action during the assault on Fort Fisher, 15 January 1865, Landing on the beach with the assaulting party from his ship, Landsman Barter advanced to the top of the sandhill and partly through the breach in the palisades despite enemy fire which killed and wounded many officers and men. When more than two-thirds of the men became seized with panic and retreated on the run, he remained with the party until dark, when it came safely away, bringing its wounded, its arms, and its colors.”

“It’s an honor to be associated, in any small way, with the valor of a true American hero. It’s a tradition that continues today, with brave men and women putting themselves in harm’s way to protect us and our way of life,” Congressman Otter said. “I’m happy to have been able to facilitate the presentation of this Medal of Honor, and to afford Landsman Barter the public recognition he has deserved for so long.”

OTTER LAUDS KEMPTHORNE’S NOMINATION

2006-03-17T05:37:00.000-08:00

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter issued the following statement Thursday in reaction to President Bush’s nomination of Idaho Governor Dirk Kempthorne to succeed Gale Norton as Interior Secretary.

“It’s good news whenever a Republican president nominates a Republican governor from the West to run an agency with such a huge influence over how we live, work and play in Idaho. Dirk knows our values and our priorities. He knows how important it is for local folks to have a seat at the table on resource issues – both to build consensus and to find solutions that work. I’m sure that will be reflected in Dirk’s tenure at the Interior Department. I look forward to working with him in his new role.”

OTTER BACKS TOUGH CHILD SAFETY MEASURE

2006-03-09T04:44:00.000-08:00

CONGRESSMAN SUPPORTS EFFORT TO PROTECT CHILDREN AGAINST VIOLENCE, GANGS

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter joined his House colleagues on Wednesday in supporting legislation to toughen federal laws protecting children from sexual predators and gang violence.

The Children’s Safety and Violent Crime Reduction Act, H.R. 4472, reforms federal sex offender registration and notification laws to improve law enforcement coordination and effectiveness against such crimes. It broadens definitions of crimes against children, increase reporting requirements for known offenders, and increases penalties for those convicted of sexual or violent crimes against minors.

“Unfortunately, we in Idaho have become all too familiar with this kind of crime, and this kind of criminal. There is no role of government more basic or vital than protecting the most vulnerable among us,” Congressman Otter said. “No amount of compassion and understanding and treatment after the fact can take the place of preventing even one of these terrible attacks on innocent young victims. No system is perfect, but this bill takes a big step toward keeping these sick predators on a short leash and away from our children.”

More than 500,000 convicted sex offenders live in the United States. About 150,000 of them are unaccounted for. Once released, sex offenders are four times more likely to be rearrested for a sex crime. To help combat that, H.R. 4472 calls for:

Ensuring sex offenders register and keep officials up to date on where they live, work and attend school;
Improving verification systems for sex offender information;
Ensuring states notify each other when a sex offender moves to another state;
Protecting foster children from sexual abuse and exploitation;
Giving states and local school districts more tools to protect children from harm.

The bill also addresses the growing problem of gang violence. The U.S. Justice Department says more than 25,000 gangs and over 750,000 gang members are active nationwide. H.R. 4472 strengthens efforts to assist local law enforcement in targeting and prosecuting violent criminals who are associated with street gangs.

OTTER URGES STUDENTS TO CONSIDER ACADEMIES

2006-02-18T13:14:00.000-08:00

CONGRESSMAN CALLS ON IDAHO YOUTH TO PREPARE FOR LEADERSHIP OPPORTUNITIES

BOISE – Congressman C.L. “Butch” Otter on Friday reminded any Idaho students hoping to continue their education at a United States service academy to prepare now for next fall’s application process.

Candidates must be at least 17 but not 23 years old by July 1, 2007, to apply for a congressional nomination. Initial application information is due Oct. 31 for students who hope to be nominated and accepted to any of the service academies for the 2007-2008 academic year. The deadline for completing application packages is Nov. 30.

The mailing address is Congressman C.L. “Butch” Otter, Attn: Jim Adams, 802 W. Bannock Street, Suite 101, Boise, Idaho, 83702.

“America needs young leaders ready to embrace the challenges and opportunities posed by this unique time in our nation’s history. There are no better crucibles for developing and proving those leadership qualities than America’s service academies,” Otter said. “The academies have produced generations of leaders – innovators and heroes who defined ingenuity, courage and perseverance in defense of freedom. Today’s generation includes young men and women cut from the same cloth, and I’m confident that some of them are right here in Idaho.”

Otter may nominate up to 10 applicants to each of the four service academies: U.S. Air Force Academy at Colorado Springs, Colo.; U.S. Military Academy at West Point, NY; U.S. Naval Academy at Annapolis, Md.; and the U.S. Merchant Marine Academy at Kings Point, N.Y.

For more information contact Jim Adams, Congressman Otter’s state assistant for military and veterans affairs, at (208) 336-9831.

OTTER TO DOE: LIVE UP TO YOUR COMMITMENTS

2006-02-10T06:09:00.000-08:00

CONGRESSMAN OUTRAGED BY NEW EFFORT TO TARGET IDAHO WITH NUKE WASTE

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter vowed Wednesday to get to the bottom of reports that a new U.S. Department of Energy plan may include Idaho among several potential locations for interim storage of high-level nuclear waste.

Otter will use his membership on the House Energy and Commerce Committee to press the issue with Energy Department officials at an upcoming budget review hearing. He also will work with his colleagues in the Idaho delegation to ensure the DOE lives up to the provisions of the 1995 waste removal agreement it signed with Governor Phil Batt.

The agreement specified that no commercial spent nuclear fuel would be shipped to the Idaho National Laboratory for storage. In response to Congressman Otter’s direct question on the House floor on May 24, 2005, House Appropriations Subcommittee on Energy and Water Development Chairman David Hobson of Ohio said the agreement had not been altered or contravened by federal law.

“First Governor Batt and Governor Andrus – both of whom I served under as lieutenant governor – are forced into federal court this week to beat back an Energy Department challenge to the plain language of the 1995 agreement as it pertains to transuranic waste. Now DOE may be considering the INL as an interim storage site for high-level waste while it continues struggling to open Yucca Mountain,” Otter said. “It’s easy to understand why Idahoans are cynical about the Energy Department and why a court-enforced agreement was needed. Even early critics now can see just how important having those promises in writing really is.”

The situation is aggravated by the efforts of Senate Democrat Leader Harry Reid, who was a recent visitor to Democrat faithful in Idaho. His continued pitched battle to prevent permanent storage of high-level spent reactor fuel from commercial nuclear plants at Nevada’s Yucca Mountain makes the threat of Idaho becoming a waste dump much more real. Extended delays at the waste site in Reid’s home state, despite billions of dollars in taxpayer money for construction work benefiting the economy there, reportedly are prompting the DOE to seek interim storage at its nuclear sites in other states.

According to the respected Environment & Energy Daily, “The potential interim storage sites, sources said, would be at federal installations, among them Oak Ridge National Laboratory in Tennessee, the Savannah River Site in South Carolina, the Idaho National Laboratory or even the Nevada Test Site, which is adjacent to Yucca Mountain.”

“I was lieutenant governor when the 1995 agreement was signed. I know the degree of certainty that Governor Batt insisted upon and received from the DOE. Our word is our bond here in Idaho, and we expect the same from those with whom we have dealings,” Otter said. “Idahoans won’t stand for our state being turned into a nuclear waste dump, and the Energy Department knows as well as we do that its commitment to getting ‘ALL’ waste out meant just that.”

CONGRESSMAN REACTS TO PRESIDENT’S SPEECH

2006-01-31T18:19:00.000-08:00

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter issued the following statement in response to President Bush’s remarks in his annual State of the Union address Tuesday night to a joint session of Congress.

“I’m grateful that the President chose to focus some attention on health care and energy. These are issues that touch every one of the people I represent and have been at the forefront of my work on the House Energy and Commerce Committee. I appreciate the President’s commitment to finding reasonable, sustainable, market-based solutions, and to increasing the use of technology to make both health care and energy more affordable.

“There also is no doubt that the President has the right approach to the war on terrorism. We must be aggressive and proactive to keep Americans safe. And I share his determination to faithfully support our troops, their families and the veterans who sacrifice so much for us.

“But while I agree with the President that fortune favors the bold, I don’t believe that promoting freedom around the world justifies limiting or eroding it here at home.

“While I agree with the President that we must be the architects of our own destiny, I don’t believe that asserting leadership necessarily means imposing our values where they are unwelcome or misunderstood.

“And while I agree with the President that talent and creativity are the keys to competitiveness, and that education must be among our highest priorities, I don’t believe that all the wisdom on how to achieve educational excellence resides in Washington, D.C.”

OTTER: ‘I WAS WRONG’ ABOUT LAND SALE BILL

2006-01-06T05:26:00.000-08:00

CONGRESSMAN ANNOUNCES HE’S DROPPING SUPPORT, EXPLAINS RATIONALE

By Congressman C.L. “Butch” Otter

I was wrong.

It wasn’t the first time, and it won’t be the last.

I’ll take my lumps as they come – no one in public life should consider themselves above error. My political mentor, former Governor Phil Batt, lived by the principle that everyone whom the public holds in trust should be prepared to own up to their mistakes.

I always have, and I always will.

For now, that means withdrawing my co-sponsorship and support for H.R. 3855, a bill before the House Resources Committee that Colorado Congressman Tom Tancredo introduced as a way of sending a message to our absentee federal landlords in the West.

I joined Congressman Tancredo as an original co-sponsor of the bill, in part, because I was frustrated that Congress had identified no revenue source to cover the cost of the billions of dollars already appropriated for Hurricane Katrina relief. At the same time, the measure provided the chance for another in a series of “shots across the bow” on the issue of federal land management that I have supported during my time in Congress.

The federal government, which controls almost two-thirds of Idaho’s land mass – forest and rangeland that is exempt from the property taxes that you and I pay – has a responsibility to carry its own weight.

Counties in Idaho, particularly those in more rural areas, routinely are shortchanged by millions of dollars on Payments in Lieu of Taxes (PILT) that Congress has promised as a way to help compensate local communities – critical dollars that are needed to support such services as education, roads and law enforcement.

Federal officials also are failing to maintain such facilities as the backcountry airstrips and other means of access needed for emergency response for citizens who use public lands. The government’s reach simply exceeds its grasp.

Regardless, my critics are correct that this bill is not the right approach.

I have been a strong advocate for greater access to our federal lands throughout my public life. I have fought for more multiple use of our forests and rangelands, and for more control by Idahoans over decisions that influence access and use of these tremendous natural resources.

As an avid sportsman, a Grand Slam member of Ducks Unlimited and a life member of Safari Club International, I understand the importance of public land both to our wildlife and to the hunting and fishing public. I also understand that too often federal policies – from “critical habitat” and wilderness study area designations to restrictions on motorized vehicles – have kept Idaho citizens from fully experiencing the wonders of our own state's public lands.

Rest assured, I will continue fighting for better management of, and greater access to, our public lands for all Idahoans.

And finally, thank you to the people who have called and written and stopped me on the street to express their earnest thoughts on this matter. I particularly want to thank the members and leaders of a relatively new organization, Idaho Sportsmen for Fish and Wildlife, for their thoughtful and responsible approach.

HOUSE VOTES TO TIGHTEN AMERICA’S BORDERS

2005-12-19T06:15:00.000-08:00

OTTER AND SIMPSON SUPPORT EFFORT TO ELIMINATE ILLEGAL CROSSINGS

WASHINGTON, D.C. – Idaho Congressmen C.L. “Butch” Otter and Mike Simpson joined the 239-182 House majority late Friday in approving a bill requiring concrete steps to regain control of America’s porous borders, which threaten our economy and security.

The Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005, H.R. 4437, is aimed at preventing illegal immigration by holding people accountable and reestablishing respect for our laws. Its focus is on eliminating the primary incentive for illegal immigration – jobs for undocumented workers – while cracking down on smugglers trafficking in human beings, and confronting the emerging problem of alien gangs.

“Border security is the threshold issue in immigration reform. Until our borders are secure, it does little good to debate how to deal with those who already are shoplifting citizenship,” Congressman Otter said. “Only when we’re effectively regulating our borders can we begin dealing with the economic and social costs that illegal immigration is imposing on our communities and people. Only when we start taking our own laws seriously will others understand that along with the opportunity it offers, living in America means being accountable.”

“Today’s aggressive House action to stem the tide of illegal immigration is long overdue,” Congressman Simpson said. “The untold billions that we’ve spent beefing up our homeland security are wasted if we can’t secure our nation’s border and keep would-be terrorists out. I’m especially pleased with the House vote to construct a robust fence along our border with Mexico and study the use of physical barriers on our border with Canada.”

The Border Protection, Antiterrorism and Illegal Immigration Control Act:

Authorizes 1,000 new, full-time port-of-entry inspectors over the next four years, and the training of 1,500 additional K-9 units over the next five years.
Requires establishment of physical barriers and incorporates state-of-the-art surveillance technology to ensure 100-percent of the border is monitored.
Mandates that all undocumented aliens apprehended at the border be detained until their case is resolved and they are either allowed into the United States or removed, rather than giving them a court date and letting them go.
Authorizes expedited removal, with minor exceptions, for any alien apprehended within 100 miles of the border and 14 days of unauthorized entry.
Authorizes reimbursement of local sheriffs in the 29 counties along the southern border for enforcing immigration laws and transferring illegal aliens to federal custody, as well as for the cost of detaining illegal aliens until they can be handed over to federal authorities.
Eliminates legal loopholes that make it difficult to remove aliens who have entered illegally or are criminals, including alien gang members.
Makes being in the United States without proper documentation – not just entering illegally – a criminal offense, and upgrades illegal entry from a misdemeanor to a felony.
Increases criminal penalties for illegally reentering the United States after removal.
Makes it mandatory for all employers to use what has been a voluntary Internet-based system for verifying the immigration status of employees and the validity of documentation. The program will be phased in over six years for private employers, with the initial emphasis on conducting checks on all newly hired employees. Government employers must complete the program within three years.
Imposes stiffer penalties for hiring workers with invalid documentation once the Internet verification program is fully operational.
Imposes stiffer penalties for fraud in connection with identification documents.

OTTER ANNOUNCES 2006 ACADEMY NOMINATIONS

2005-12-19T06:10:00.000-08:00

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter said on Friday that he was proud to nominate 34 young men and women from the 1st District of Idaho to positions in the 2006 class entering America’s service academies.

Members of the U.S. House and Senate make nominations to the academies each year. The names of individuals selected by Congressman Otter for nominations have been forwarded to the U.S. Air Force Academy in Colorado Springs, Colo.; the U.S. Merchant Marine Academy in Kings Point, N.Y.; the Army’s U.S. Military Academy in West Point, N.Y.; and the U.S. Naval Academy in Annapolis, Md. Final selections for admission will be made by each academy.

Each student was required to meet specific scholastic requirements and submitted an application and list of references. Nominations do not guarantee acceptance. Anyone wishing to apply for future nominations should contact Jim Adams, Congressman Otter’s state assistant for military affairs, at (208) 336-9831, or by writing him at 802 W. Bannock Street, Suite 101, Boise, Idaho 83702.

“Once again, Idaho’s best and brightest are answering in America’s hour of need. The young men and women I’m nominating are today’s hope, and tomorrow’s leaders,” Congressman Otter said. “The quality of these individuals is a tribute to their families, their communities, and their own ability and willingness to excel. Our service academies will provide them with educations that are second to none, and an opportunity to prove their mettle with the world’s best.”

Here is a list of Congressman Otter’s nominees, and the academies to which they were nominated:

Christopher Adams, Boise: Merchant Marine, Navy.
Levi Beard, Post Falls: Air Force.
Sarah Belmont, Meridian: Navy.
Caleb Blaser, Emmett: Army, Air Force, Navy.
Hunter Bloch, Moscow: Air Force.
Matthew Brings, Boise: Army, Navy.
Travis Christensen, St. Maries: Navy, Air Force, Merchant Marine.
Lucas Connolly, Meridian: Army, Air Force.
Rex Coulter, Meridian: Army, Air Force, Navy.
Michael Darden, Meridian: Army, Air Force, Navy.
Jonathan DeBard, Moscow: Navy.
Christopher Dodd, Boise: Navy.
James Fletcher, Boise: Navy.
Nicholas Glenn, Boise: Army, Air Force, Navy.
Nathan Grunzweig, Rathdrum: Army, Navy, Merchant Marine.
Ross Hartmann, Wallace: Army.
Christian Hertzog, Eagle: Navy.
David Hiner, Weiser: Army, Navy, Air Force.
Adam Johnson, Hayden Lake: Army, Navy, Air Force.
Kent Johnson, Idaho City: Army, Air Force, Merchant Marine.
Trevor Knowles, Meridian: Army, Air Force.
Andrew Konopacky, Meridian: Army, Air Force.
Joseph LaPlante, St. Maries: Army, Air Force.
Mitchell Lokker, Boise: Army, Navy.
Emma Mattson, Meridian: Army, Air Force, Navy.
Andrew McPherson, Cataldo: Air Force.
Amy Meyer, Boise: Air Force.
Tamara Miller, Boise: Navy, Air Force, Merchant Marine.
Wayne Murie, Osburn: Army, Merchant Marine.
Brooks Reynolds, Lewiston: Merchant Marine.
Matthew Rice, Boise: Army, Air Force, Merchant Marine.
Jared Scott, Eagle: Army, Navy.
Alexander Wolfe, Sagle: Merchant Marine.
Amber Zieske, Priest River: Army, Navy, Air Force, Merchant Marine.

HOUSE VOTES TO PROTECT PRIVATE PROPERTY

2005-11-03T22:32:00.000-08:00

IDAHO LAWMAKERS JOIN EFFORT TO LIMIT EMINENT DOMAIN POWERS

WASHINGTON, D.C. – Congressmen C.L. “Butch” Otter and Mike Simpson voted with the 376-38 House majority Thursday for legislation to counter the U.S. Supreme Court’s outrageous decision potentially giving government virtually unlimited power over private property.

Otter and Simpson both are cosponsors of the bipartisan Private Property Rights Protection Act, H.R. 4128. It marks an important step toward restoring the intent of the Constitution’s clear 12-word directive in the Fifth Amendment: “nor shall private property be taken for public use without just compensation.”

The Supreme Court turned more than two centuries of constitutional interpretation and legal precedent on its head in June with a 5-4 decision in Kelo v. City of New London. The high court’s action exposed our homes, places of business and all private property to the threat of forced sale by the government when it sees the potential for greater economic benefit.

In the Kelo case that simply meant more tax revenue could be generated by a commercial project than by the private homes condemned by a Connecticut city under its power of eminent domain. Justice Sandra Day O’Connor wrote in dissent that the Supreme Court’s action ensured “the specter of condemnation hangs over all property; nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

To begin setting things right, the Private Property Rights Protection Act bans states and cities that have received federal development grants during the previous year from using their eminent domain power for economic development. That is defined as a “commercial enterprise carried on for profit or to increase tax revenues, tax base, employment or general economic health.”

The bill also imposes a two-year ban on any federal funds going to communities that use their eminent domain power for economic development. It specifically excludes from such restrictions any use of eminent domain authority for public utilities, railroads or rights-of-way for such things as pipelines.

“Most of the heavy lifting to fix this mess will have to come at the state and local levels. But it’s up to Congress to check overreaching by other branches of government, and to ensure that the unconstitutional taking of private property is not rewarded, encouraged or condoned,” Congressman Otter said. “Eminent domain is a powerful tool. But like any tool, it can be dangerous if used inappropriately. This bill sends a clear message about what is and is not appropriate.”

“We cannot allow the government to take land from one person in order to enrich another,” Congressman Simpson said. “The ‘Takings Clause’ in the Fifth Amendment to our Constitution was designed to protect private property. Unfortunately, the recent Supreme Court ruling in Kelo v. City of New London did just the opposite. That’s why I’m proud to join my colleagues in supporting the Private Property Rights Protection Act and protecting the Constitutional rights of all Americans.”

OTTER PRAISES MOVE TO REALIGN 9TH CIRCUIT

2005-10-21T07:56:00.000-07:00

CONGRESSMAN APPLAUDS SENSENBRENNER-SIMPSON BILL TO FIX BROKEN COURT

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter issued the following statement on Thursday in support of the Federal Judgeship and Administrative Efficiency Act of 2005, H.R. 4093, sponsored by House Judiciary Chairman F. James Sensenbrenner of Wisconsin and cosponsored by Idaho Congressman Mike Simpson.

“Moving Idaho into a new 12th Circuit will be a big step toward restoring the public’s faith in our judiciary. The leadership of Chairman Sensenbrenner and Congressman Simpson is exactly what’s needed to make this common-sense change a reality. They have my enthusiastic support in working for judicial efficiency and the kind of respect for the rule of law that can only come from a court that reflects our values.”

HOUSE VOTES TO PROTECT SECOND AMENDMENT

2005-10-21T07:54:00.000-07:00

IDAHO LAWMAKERS BACK SENATOR CRAIG’S BILL TO STOP BANKRUPTCY OF GUN INDUSTRY

WASHINGTON, D.C. – Idaho Congressmen C.L. “Butch” Otter and Mike Simpson helped the House give final congressional approval on Thursday to Senator Larry Craig’s legislation protecting against efforts to deny Americans their Second Amendment right to bear arms.

The Protection of Lawful Commerce in Arms Act, S. 397, is bipartisan, common-sense legislation that takes an important step toward preventing reckless lawsuits targeting the firearms industry. Such misguided claims against the legal manufacture and sale of firearms and ammunition are akin to suing General Motors for criminal acts involving Buicks – it just doesn’t make sense.

“Passage of this legislation marks a turning point in legal reform,” Senator Craig said in welcoming the House vote. “Congress has stood up for common sense and said that a law-abiding business owner is not responsible for the misuse of his or her product by a third party. Shysters who think they can abuse the court system with baseless, predatory lawsuits should be shaking in their boots, because I expect this is just the first of a number of bills that will eat away at their gravy train.”

The Senate earlier passed S. 397 on a vote of 65-31. Thursday’s House vote was 283-144.

The bill provides protection for those in the firearms industry from lawsuits arising from the acts of people who criminally or unlawfully misuse their products. The bill preserves citizen access to firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting and competitive or recreational shooting.

Lawsuits still could be filed against a person who transfers a firearm or ammunition knowing that it will be used to commit a crime of violence or a drug-trafficking crime, or a comparable or identical state felony; a seller for negligence; a firearms dealer who fails to maintain required inventory lists necessary to ensure they are alerted to any firearms thefts; a seller for breach of contract or warranty; or a manufacturer for damages resulting directly from a design defect.

“This bill is a key element of our effort to bring some sanity to what’s become a thriving personal injury industry in this country,” Congressman Otter said. “Americans understand that suing legitimate firearms manufacturers and dealers out of existence won’t stop criminal gun violence. But trial lawyers are eager to cash in on the pain of victims, and criminals rarely have deep pockets. This puts the responsibility where it belongs.”

“Sadly, our nation's tort system has become more a way to unjustly transfer wealth than fairly compensate those harmed by the negligence or wrong-doing of others,” Congressman Simpson said. “The passage of this important legislation will not only take a much-needed step forward in reforming our nation's legal system but will also prevent gun-control advocates from bankrupting firearms dealers and manufacturers in their efforts to undermine the Second Amendment to the U.S. Constitution. I am pleased Congress has passed these protections and I look forward to seeing Senator Craig's bill signed into law.”

HOUSE BILL PROMOTES PERSONAL RESPONSIBILITY

2005-10-20T05:12:00.000-07:00

IDAHO LAWMAKERS SUPPORT MEASURE TO LIMIT FRIVOLOUS FOOD CONSUMPTION SUITS

WASHINGTON, D.C. – Idaho Congressmen C.L. “Butch” Otter and Mike Simpson voted with the 306-120 House majority Wednesday for legislation to keep trial lawyers from using individuals’ food consumption choices to threaten jobs and reduce personal freedom.

The Idaho representatives both are cosponsors of the Personal Responsibility in Food Consumption Act, H.R. 554, to keep a few predatory attorneys and their clients from profiting at the expense of all other consumers. With some specific exceptions for extraordinary circumstances, the bill would prohibit obesity or weight gain-related liability claims against the food industry.

The food industry is America’s largest private-sector employer, putting more than 12 million people to work. Many of those jobs are in small local businesses providing an important service and an economic foundation for their communities. Yet there are those willing to put them at risk because a few blame others for food consumption choices that lead to obesity or health problems.

Of course, H.R. 554 still would allow claims for improperly prepared or tainted food. Obesity-related claims also could go forward in such cases as when a person gains weight as the result of the violation of a state or federal law. Such cases might include false labeling of food products as “low fat” or “zero calories.”

“While it’s a fact that too many Americans are fat, most folks are willing to take responsibility for the choices that got them there. The problem is a few unscrupulous lawyers who look at people with obesity or health issues and see dollars signs,” Congressman Otter said. “Those predators are largely responsible for increases in insurance rates, higher costs of doing business, and the idea that everything is somebody else’s problem. It’s high time we stopped these ridiculous claims.”

“Along with many of my colleagues in Congress, I am very worried about the rejection of personal responsibility that’s becoming all too prevalent in our society,” Congressman Simpson said. “At some point our nation’s citizens are going to have to take responsibility for their own actions in a way generations of Americans did prior to the late 20th century. I’m proud to be a part of this effort to reduce frivolous lawsuits and protect honest businesses from the unwarranted harassment of overzealous trial lawyers.”

OTTER HAILS PASSAGE OF GAS SECURITY ACT

2005-10-10T21:45:00.000-07:00

BILL USES MARKET FORCES TO HELP REDUCE PRICES, CRACKS DOWN ON PRICE GOUGING

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter helped the House pass legislation on Friday providing market-based responses to conditions driving gasoline prices to unprecedented levels.

The Gasoline for America’s Security (GAS) Act of 2005, H.R. 3893, also offers the first-ever federal ban on gas price gouging so American consumers can be confident they are paying the lowest possible price at the pump.

Congressman Otter, a member of the House Energy and Commerce Committee, said the GAS Act will help employ market forces to lower mid- to long-term gas prices while addressing important national security concerns.

“This bill’s provisions increasing refinery capacity, streamlining fuel supplies, making the process of pricing gasoline more transparent, fighting price gouging and reducing bureaucracy all will contribute to a better deal at the pump without imposing government price controls,” Congressman Otter said. “Along with the broader national energy policy that we passed in July, this represents a strong commitment to modernizing our domestic infrastructure and reducing our dependence on foreign energy.”

Specifically, the GAS Act:

Encourages new refineries to increase supply and addressing soaring gas prices;
Limits “boutique fuels” that have propped up gasoline prices by artificially limiting supply;
Promotes new pipelines to get crude oil and refine products to consumers at lower prices;
Promotes conservation through carpooling and a fuel-efficiency awareness campaign;
Bans price gouging in gasoline or diesel fuel sales; and
Requires a Federal Trade Commission study into credit card companies processing fees, which may inflate consumer costs.

ENDANGERED SPECIES ACT MUST WORK FOR ALL

2005-10-09T22:05:00.000-07:00

HOUSE-PASSED REFORMS ADDRESS LAW’S EFFECTIVENESS, PRIVATE PROPERTY CONFLICTS

By Congressman C.L. “Butch” Otter

One of America’s great challenges, as it has been since our republic was formed, is determining what government may do, what it should do and what it must do. The Constitution is our surest guide in answering those questions.

Congress now is engaged in precisely such a debate regarding the Endangered Species Act. The question is how recovering plant and animal species to healthy and sustainable populations – which we all agree government should do – corresponds with protecting the private property rights of our citizens – which the Constitution says the government must do.

After years of discussion and negotiation, House Resources Committee Chairman Richard Pombo recently advanced the Threatened and Endangered Species Recovery Act to address that question. With my cosponsorship, the House approved the measure and forwarded it to the Senate.

Even most critics of the bill acknowledge conflicts between the broad manner in which the existing law has been interpreted by activists and courts and the property rights of those who find the use of their land restricted by arbitrary “critical habitat” designations for protected species. Yet those same critics cling to a law that even the agencies overseeing it agree has helped in the recovery of only about 1 percent of some 1,300 species listed over the past three decades.

Most TESRA critics focus on its incentives for property owners to cooperate and participate in species recovery efforts. They consider it a sellout that puts property rights before species protection. That kind of zero-sum thinking is why the ESA has become such a boon to lawyers and the fund-raising campaigns of environmental extremists, the bane of individuals and communities in the West, and essentially useless to the species it is supposed to be protecting.

The Constitution’s Fifth Amendment phrase, “nor shall private property be taken for public use without just compensation,” is not a suggestion. It is a clear and – at least until the U.S. Supreme Court’s abhorrent decision in the Kelo case – unequivocal statement of what the government must do. Protecting species, on the other hand, while desirable, important, and a statutory priority, is not a constitutional mandate.

Those of us convinced that the ESA must be fixed to comply with the Fifth Amendment reject the idea that such reform would necessarily reduce the law’s effectiveness. On the contrary, it would be nearly impossible to reduce the effectiveness of a law with a 1-percent success rate. However well-intended it was in the 1970s, the ESA in the 21st century has become far more about process than species recovery, and far more about litigation and conflict than cooperation and results.

The Heritage Foundation summed up the dilemma this way: “The current ESA pits landowners, fearful of losing use of their property, against the very species ESA is designed to protect. Because discovery of a snail, migratory bird, or other protected species on one’s property can lead to a government taking of that property (or much of its use value), ESA gives landowners a perverse incentive to destroy evidence and habitats, rather than participate in conservation.”

When you realize that nearly 80 percent of all species listed as endangered or threatened have habitat on private lands, it becomes clear that engaging those property owners is critical to ensuring species recovery. The debate cannot be allowed to remain about species versus private property. The two are inextricably linked. Ignoring that connection puts both at risk.

Besides enlisting landowners in species recovery, Chairman Pombo’s bill improves the ESA by strengthening scientific standards, increasing openness and accountability, and providing a bigger role for the cooperative efforts of state and local governments that have the most at stake.

Opponents of ESA reform contend that our efforts stem from some innate hostility to government regulation. My objections are to regulation for regulation’s sake that winds up being counterproductive to its stated goals. The ESA entails just such misguided regulation. The Constitution is my guide in setting it right.

HOUSE APPROVES SWEEPING ESA REFORMS

2005-09-30T06:39:00.000-07:00

CONGRESSMAN OTTER COSPONSORS BILL TO REFOCUS LAW ON SPECIES RECOVERY

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter saw one of his top legislative priorities realized Thursday with the 229-193 House vote for a comprehensive bill to update and modernize the Endangered Species Act.

Congressman Otter was proud to cosponsor House Resources Committee Chairman Richard Pombo’s Threatened and Endangered Species Recovery Act (TERSA), H.R. 3824, which refocuses federal law on the goal of species recovery by turning conflict into cooperation.

“This is the best opportunity we’ve had in decades to turn a misguided but well-intended law into public policy that puts results on the ground ahead of expensive and time-wasting bureaucracy and litigation,” Congressman Otter said. “TERSA replaces the old proscribe-and-punish mindset with a new emphasis on inclusion and incentives. That’s what works.”

The ESA has failed to achieve its purpose of recovering endangered and threatened species to healthy and sustainable populations. In addition, the unintended consequences of the law have caused a tremendous amount of conflict between the federal government, landowners and local communities.

With the tacit cooperation of federal judges, activist groups have used the ESA-based litigation to extract funds from sympathizers while intimidating resource managers and private property owners whose cooperation is essential to achieving the law’s goals.

According to the U.S. Fish and Wildlife Service, the ESA has achieved a success rate of less than 1 percent for species recovery – 10 of roughly 1,300 species listed – since it was enacted in 1973. TERSA provides flexibility and innovation to achieve better results. It includes a collaborative process providing protection for private property rights and incentives for private conservation efforts, as well as increasing the role for states, Indian tribes, counties and local governments.

What’s more, TERSA improves longstanding problems with the ESA by:

Creating species recovery teams and requiring recovery plans by dates certain;
Increasing openness and accountability;
Strengthening scientific standards; and,
Eliminating dysfunctional “critical habitat” designations that cause conflict without benefit.

HOUSE PANEL CONSIDERS OTTER LEGISLATION

2005-09-30T06:36:00.000-07:00

GEM COUNTY, NATIONAL WATER RESOURCES ASSOCIATION WEIGH IN AT HEARING

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter made the case to a House subcommittee on Thursday for his legislation to clarify yet another misinterpretation of congressional intent by the 9th U.S. Circuit Court of Appeals.

Appearing before the House Transportation Subcommittee on Water Resources and Environment, Congressman Otter urged members to support his bipartisan Pest Management and Fire Suppression Flexibility Act, H.R. 1749. He was joined by representatives of the National Water Resources Association, and submitted a letter of support from Idaho’s Gem County Commission.

The Pest Management and Fire Suppression Flexibility Act adds the force of law to an Environmental Protection Agency rule proposed early this year reiterating that no special Clean Water Act permits are needed if label directions are followed for pesticide applications, fire suppression and other pest-management activities. The bill reflects the intent of Congress when it passed the Clean Water Act more than 30 years ago, and the way it has been interpreted by both Democrat and Republican administrations.

“The idea behind the Clean Water Act was to more closely regulate discharges of municipal waste and pollution into our waterways from large industrial facilities. Today, however, misguided interpretations by the 9th Circuit Court of Appeals are subjecting family farmers, mosquito-abatement and pest-control districts, irrigators, rural water districts, federal and state agencies, forests, lawn-care operators and many others to unnecessary, bureaucratic permitting requirements and nuisance lawsuits,” Otter said.

“EPA does not issue Clean Water Act permits solely for the direct application of a pesticide over water. Nor has the EPA ever stated in any general policy or guidance that a permit is required for such applications,” said Scott Campbell, a Boise attorney and chairman of the National Water Resources Association’s Water Quality Task Force. “The EPA’s current proposed rulemaking is helpful, but costly and needless litigation continues from activist groups bent on stopping well-established, expressly approved and heavily regulated activities.”

In Idaho’s Gem County, the mosquito abatement district is being sued for not having a Clean Water Act permit before spraying in 2003. Yet the EPA refused to grant the county’s application for just such a permit. The agency explained that no permit is necessary, but the county now has to use its scarce resources to defend its position in court. It already has cost nearly $150,000 in legal fees – or $9,375 for every one of Gem County’s 16,000 residents.

Gem County’s commissioners wrote in testimony submitted to the subcommittee on Thursday that “we are expending incredible amounts of precious resources on attorney’s fees when we are simply trying to fulfill our statutory obligations … We find it irresponsible that the 9th Circuit Court … has allowed the CWA to be transformed into a regulation not intended or contemplated by the authors of the original legislation.”

The subcommittee took Thursday’s testimony under advisement.

NAMPA WOMAN HONORED AS ANGEL IN ADOPTION

2005-09-14T04:18:00.000-07:00

OTTER LAUDS RETIRED HEALTH AND WELFARE VETERAN FOR DEDICATED SERVICE

WASHINGTON, D.C. – Judi Magee of Nampa was honored by Congressman C.L. “Butch” Otter on Tuesday as a Congressional “Angel in Adoption” for her work during a 34-year career dedicated to providing stability for Idaho children.

Magee, who recently retired from the Idaho Department of Health and Welfare, joined more than 180 Angels in Adoption recipients from all 50 states and the District of Columbia at a ceremony in Washington hosted by the Congressional Coalition on Adoption Institute.

Magee helped organize and now is president of the Treasure Valley Adoption Council, which promotes adoption awareness, education and positive adoption legislation.

Her work began as a student intern in South Korea, where she observed services at the Crippled Children’s Hospital and visited several orphanages to learn about their child-care standards. She later escorted two Korean children to their adoptive parents in the United States. It was through those experiences that Judi developed a deep love for each child who is waiting for a family.

“Judi Magee truly is one of America’s unsung heroes,” Congressman Otter said. “For more than three decades now, she has dedicated her life to working quietly and relentlessly to make a profound difference in the lives of hundreds of children and their families. Judi’s lifelong efforts are deserving of this distinction.”

“It is both a challenge and a joy to work towards helping children and young people find permanency in their lives. The real joy comes when children and families are matched and they work together to become a family,” Magee said. “Our work is not done as there are many more children in Idaho and across the country who are in need of permanency in their lives and families who want to accept the challenge.”

The Angels in Adoption program provides members of Congress an opportunity to honor the good work of their constituents who have enriched the lives of foster children and orphans. The program has honored more than 720 recipients since it was established in 1999.

CONGRESSMAN OTTER COMMENTS ON RELIEF VOTE

2005-09-09T05:49:00.000-07:00

WASHINGTON, D.C. – Congressman C.L. “Butch” Otter issued the following statement late Thursday regarding his vote against the $51.8 billion supplemental funding bill approved by the House on a vote of 410-11 in response to Hurricane Katrina.

“I saw firsthand how the people of North Idaho weathered the disastrous floods of the mid-1990s when I was lieutenant governor in Phil Batt’s administration. Just as I was committed to Idahoans’ recovery then, I’m committed now to ensuring the victims of Hurricane Katrina get all the help they need, for as long as it takes. However, throwing money at a tragedy before understanding how to address it most effectively for the benefit of the people most in need is simply irresponsible. By approving this bill, Congress once again was rushing to act without seriously considering the consequences or alternatives. ‘Do something now, even if it’s wrong,’ is as bad a policy for government as it is for individuals. Millions of Americans are making personal sacrifices to help the victims of this disaster through private and community relief efforts. Each of them is counting on their money going where it will do the most good. There needs to be just as much accountability attached to how government spends the people’s money.”

CONGRESSMAN ENCOURAGES PUBLIC AWARENESS

2005-08-08T05:54:00.000-07:00

OTTER URGES CONSTITUENTS TO BECOME INFORMED ABOUT CHILD SAFETY

BOISE, Idaho – Many residents of western and northern Idaho soon will be receiving a notice in the mail from Congressman C.L. “Butch” Otter, encouraging them to become better informed about registered sex offenders and violent sexual predators living nearby.

The “Child Safety Alert” is aimed at ensuring constituents of Idaho’s 1st District are aware of information in the Idaho State Police’s Central Sex Offender Registry, online at http://www.isp.state.id.us/identification/sex_offender/index.html.

The registry lists the names and addresses of all sex offenders and violent sexual predators who must keep the Idaho State Police’s Bureau of Criminal Identification informed of their whereabouts after being released from custody.

Congressman Otter also explains to constituents that he is cosponsoring the Sex Offender Registration and Notification Act, H.R. 2423, in the House of Representatives. The goal of that measure is to improve the national program for registering and monitoring individuals who commit sex offenses or crimes against children.

In addition, the mailing includes a pamphlet titled, “Child Safety – Precautions All Parents and Children Should Take.” It includes good advice for everyone, whether or not a registered sex offender is living nearby.

“Parents have a right to know, and a responsibility to learn, about potential threats to their children’s safety. With all today’s technology and news media outlets, it can be confusing and even daunting to search for the information you need. Fortunately, there are resources available to help,” Congressman Otter said.

“We all have been horrified by recent crimes perpetrated in our state by those who prey upon the innocence and vulnerability of our children. Such cases bring into sharp focus the need for all of us to be fully informed about the status of those with a record of such offenses, and who pose the great risk of repeating their dangerous criminal behavior.”

Simpson and Otter Support Transportation Bill

2005-08-01T22:40:00.000-07:00

Final passage in House brings numerous projects, more efficiency to Idaho

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. “Butch” Otter today supported House passage of the conference report to H.R. 3 – The Transportation Equity Act: A Legacy for Users. The Senate also approved the conference report today and forwarded it to the President Bush for his signature.

H.R. 3 provides $286.5 billion in federal highway, transit and road safety funding nationwide through 2009, including an average allocation of approximately $276.7 million per year for Idaho. The legislation also seeks to correct problems of congestion, unsafe highways and an inefficient, cumbersome process for moving projects to completion, all while providing for creation of millions of new jobs in the transportation sector and related industries.

“A safe, efficient, and modern transportation system is essential to the economic stability of our state,” said Congressman Simpson. “The passage of this legislation is great news for anyone in Idaho who wants to operate a business, grow a farm or ranch, or take their family on vacation. I’m thrilled that within a fiscally responsible budget the Idaho congressional delegation was able to deliver a number of vitally important projects for our state.”

“Besides the clear financial benefits for Idaho in this legislation, my focus has been on crafting a more reasonable and efficient highway bill that ensures those benefits won’t be tied up for years in hand-wringing bureaucracy and legal wrangling,” Congressman Otter said. “The streamlining provisions in this conference report will empower states to play a bigger role in moving transportation projects from planning to creation of more jobs and safer highways. That’s a welcome change.”

Projects specifically approved for Idaho in the bill include:

Improvements to widen US-95, Mica to Worley $27,400,000
Improvements to SH-75, Timmerman to Ketchum $22,800,000
Improvements to US-20, Menan-Lorenzo $12,000,000
Interchange on I84 at Ten-Mile Road, Meridian $19,600,000
Improvements to US-30, McCammon to Lava East $11,000,000
Improvements to US-93, Twin Falls Stages II and III $13,000,000
Construction of Washington Street North, Twin Falls $5,400,000
Widen Amity Road, Nampa $4,600,000
Reconstruction of Grangemont Road, Orofino to MP 9.3 $9,600,000
Improvements to US-95, SH-1 to Canada border $2,400,000
Improvements to SH-55, Mile Posts 94 and 102 $5,600,000
Widening US-95, Top of Lewiston Hill to Moscow $1,600,000
Improvements to Bridging the Valley, Kootenai County $5,000,000
Improvements to Three Cities River Crossing, Eagle $3,000,000
Improvements to Amity Road to Kings Overpass, Nampa $4,000,000
Boise Mutlimodal Facility $3,762,000
Idaho DOT Statewide Intelligent Transportation System $1,500,000

In addition, the bill contains several important streamlining provisions to eliminate red-tape put more authority in the hands of state policy-makers. Among the many streamlining provisions are the following:

Places deadlines on decision by other federal agencies that could hold up projects
Puts a 180-day limit on filing suits over a project with proper approval
Creates a pilot program for states to take over the environmental approval process
Excludes the interstate system from being considered an historical site

IDAHO LAWMAKERS SUPPORT HEALTH ACT

2005-07-29T06:16:00.000-07:00

SIMPSON AND OTTER HELP HOUSE PASS LEGISLATION TO PUT PATIENTS FIRST

WASHINGTON, D.C. – Idaho Congressmen Mike Simpson and C.L. “Butch” Otter helped the House approved legislation on Thursday to ensure patients are not denied access to quality health care by the skyrocketing cost of liability insurance premiums.

The Help Efficient, Accessible, Low-cost, Timely Health care (HEALTH) Act, H.R. 5, includes proven reforms to make medical malpractice insurance affordable again, encourage health-care professionals to maintain their practices and reduce health-care costs for patients. It also will save billions of dollars a year in federal taxpayer dollars by reducing the practice of unnecessary “defensive medicine” designed only to protect against lawsuits.

“As health-care costs continue to rise, so too do the number of meritless malpractice cases choking our court system and running doctors out of their profession,” Congressman Simpson said. “This legislation is a long-overdue remedy for reckless lawsuits that increase medical costs, endanger the careers of good doctors, and reduce access to health care for those who need its most.”

“Twenty states already are experiencing what the American Medical Association calls a medical malpractice crisis, as hospitals shut their doors, doctors stop practicing medicine and patients are left with less access to care. Many more states – including Idaho – are showing signs of a growing problem,” Congressman Otter said. “This is a solution that’s been proven to work in California. Now, I’m not one to follow California’s lead in much of anything. But if something can cut through the bureaucracy and entrenched interests and make a real difference even in California, then imagine how effective it can be across the rest of America. This will help ensure medical decisions are made in doctor’s offices and hospitals and around family dinner tables, not in courtrooms and law offices.”

The HEALTH Act:

Promotes speedy resolution of claims by limiting the number of years a plaintiff has to file a health-care liability action. The idea is to ensure claims are brought while witnesses are available and memories are fresh, and before evidence is destroyed.
Fairly allocates responsibility by holding defendants liable only in proportion to their degree of fault, and not making them financially accountable for another’s negligence.
Compensates patient injury by allowing them to recovery for economic damages such as future medical expenses and loss of future earnings, while limiting non-economic damages that can’t be quantified, such as pain and suffering, to no more than $250,000.
Maximizes patient recovery by empowering courts to ensure that an unjust portion of a patient’s recovery is not misdirected to their attorney.
Puts reasonable limits – but not “caps” – on punitive damages to ensure the punishment fits the offense. The bill raises the burden of proof clear and convincing evidence to show either malicious intent to injure or deliberate failure to act to avoid injury. Punitive damages are limited to the greater of twice the amount of economic damages or $250,000.
Ensures payment of medical expenses by allowing money awarded for future medical expenses to paid out periodically rather than in a single lump sum. The idea is to avoid bankrupting the defendant, because they will be unable to pay for future medical expenses if they are penniless.
Allows states flexibility by ensuring states that have them can maintain their own caps on damages, whether they are larger or smaller than the limits provided for in the HEALTH Act. States also may act at any time in the future to impose limitations different from those included in the HEALTH Act.

SIMPSON AND OTTER SUPPORT ENERGY BILL

2005-07-28T12:59:00.000-07:00

IDAHOANS BACK FINAL HOUSE PASSAGE OF PLAN FOR GREATER SECURITY, PROSPERITY

WASHINGTON, D.C. – Idaho Congressmen Mike Simpson and C.L. “Butch” Otter voted with the 275-156 majority on Thursday for final House approval of a plan for making energy more affordable and environmentally friendly, and America more secure and prosperous.

The Energy Policy Act, H.R. 6, represents a collaborative effort by House and Senate conferees to end more than 12 years of America lacking a comprehensive plan for our energy future. The result is a balanced, bipartisan bill that will lower energy prices for consumers, spur our economy and create hundreds of thousands of new jobs, while taking unprecedented steps to promote greater energy conservation and efficiency.

“This is a bill that should be welcomed by anybody who’s out of work because their employer couldn’t afford the energy costs to keep them on the job, anybody who still has a job but has to tighten their belt a little more to pay the high cost of gas to keep getting to work, anybody who cares how much our dependence on foreign energy leaves us vulnerable to economic blackmail, and anybody who wants a better, cleaner and safer future for their children and grandchildren,” said Congressman Otter, a member of the House Energy and Commerce Committee that played the key role in crafting the legislation. “I’m eager for the Senate to follow our lead and the President to sign it into law. We all will be better off.”

“Our nation desperately needs a new approach to energy security and I am thrilled that with the passage of this bill, the Idaho National Laboratory will be leading the way,” said Congressman Simpson, a member of the House Energy and Water Appropriations Subcommittee. “This bill will breathe new life into our nation’s nuclear energy industry, encourage the construction of new ethanol plants, accelerate promising hydrogen fuel technology, and help weaken the grip OPEC has on our economy. It represents the initial steps toward our long-term goal of energy independence.”

The Energy Policy Act:

Encourages more nuclear and hydropower production by authorizing the Department of Energy to develop accelerated programs for the production and supply of electricity; setting the stage for the lengthy process of building new nuclear reactors by reauthorizing Price Anderson; and improving current procedures for hydroelectric project licensing. The Idaho National Laboratory will be a focus of expanded nuclear reactor and hydrogen fuel cell research.
Addresses rising gasoline prices and our dependency on foreign oil. Encourages more domestic production of oil with incentives such as a streamlined permit process; promotes a greater refining capacity to bring more oil to market; and increases the gasoline supply by stopping the proliferation of expensive regional boutique fuels. To scale back demand for oil, the proposal encourages vehicles powered by hydrogen fuel cells and increases funding for Department of Transportation work to improve fuel-efficiency standards.
Extends Daylight Saving Time by four weeks to reduce energy consumption by the equivalent of 100,000 barrels of oil for each day of the extension. Studies indicate that the proposal to adopt Daylight Savings Time from the second Sunday in March to the first Sunday in November also will lower crime and traffic fatalities and allow for more recreation time and increased economic activity.
Deters unfair foreign competition from undermining U.S. energy security. The bill delays the government’s Committee on Foreign Investments in the United States (CFIUS) from reviewing sensitive international energy mergers, such as the active bid for Unocal by the Chinese National Overseas Oil Company – an entity 70-percent owned by the communist Chinese government – for 120 days to allow for a review by the Departments of Defense, Energy and Homeland Security. The assessment would examine the proposed deal's impact on U.S. energy security and whether or not an American company would be allowed to make such an acquisition in the foreign company's host country. CFIUS would also be required to wait three weeks after completion of the study before it can make recommendations to the president the international merger at issue.
Boosts production of clean natural gas to help alleviate soaring prices for the environmentally friendly fuel. Specifically, the bill breaks the bureaucratic logjam that has stymied work on approximately 40 liquefied natural gas facilities nationwide.
Improves our nation's electricity transmission capacity and reliability to prevent future blackouts through the adoption of reliability standards, incentives for transmission grid improvements and reform of transmission authorization rules.
Promotes clean and renewable fuels, by providing incentives for clean coal technology and renewable energies such as biomass, wind, solar and hydroelectricity.
Requires greater energy conservation by establishing new mandatory efficiency requirements for federal buildings, and efficiency standards and product labeling for battery chargers, commercial refrigerators, freezers, unit heaters and other household products.

OTTER BACKS AFFORDABLE HEALTH CARE BILL

2005-07-27T07:17:00.000-07:00

CONGRESSMAN SUPPORTS MEASURE OFFERING COVERAGE FOR UNINSURED FAMILIES

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter helped the House pass legislation on Tuesday to expand access to health-care coverage for many of the 45 million Americans who are uninsured.

Congressman Otter voted with the 263-165 majority for the Small Business Health Fairness Act, H.R. 525. The measure, which now goes to the Senate, would allow small businesses upon which more than 60 percent of uninsured Americans work or depend to join together through association health plans to help cut the high cost of health insurance.

Association health plans (AHPs) enable small businesses to pool their resources and increase their bargaining power with benefit providers, which will allow them to negotiate better rates and purchase quality health care at a lower cost.

A broad and diverse coalition of more than 180 groups has endorsed the bipartisan Small Business Health Fairness Act. They include the U.S. Chamber of Commerce, the National Federation of Independent Business, the American Farm Bureau Federation and the Associated Builders and Contractors.

"The AHPs allowed by this bill are among the best ways of using market forces to give people more options for health-care coverage," Congressman Otter said. "Small businesses are the backbone of our economy, especially in the small rural communities that are home to so many of the people I represent. This is a way for those businesses and the folks who rely on them to benefit from the same economies of scale that big corporations and unions use to keep insurance affordable. "

CAFTA THREATENS U.S. PROPERTY RIGHTS

2005-07-27T07:14:00.000-07:00

"TRADE AGREEMENT" WOULD PROVIDE SPECIAL ADVANTAGES TO FOREIGN INVESTORS

By Congressman C.L. "Butch" Otter

As Congress considers the Central American Free Trade Agreement, or CAFTA, one of the most fundamental reasons for my opposition has received too little attention - the serious conflicts raised by this so-called "trade agreement" with private property rights guaranteed by the Constitution of the United States.

As a matter of fact, CAFTA contains 1,000 pages of international law establishing, among other things, property rights for foreign investors that may impose restrictions on U.S. land-use policy.

Chapter 10 of CAFTA outlines a system under which foreign investors operating in the United States are granted greater property rights than U.S. law provides for our own citizens!

That's not encouraging free trade. That's giving away our natural resources and our national sovereignty.
CAFTA would empower foreign investors to go to UN and World Bank tribunals to challenge state and federal policies here in the United States regarding property rights that violate their assumed "investor rights." Those foreign investors then could demand compensation in the form of American taxpayer dollars for the losses caused by complying with the same domestic policies and regulations that apply to all U.S. citizens and businesses.

The standards for property rights protection that are used by the UN and World Bank to award American taxpayer dollars to foreign investors would NOT be those of the U.S. Constitution, but rather international property rights standards set forth in CAFTA, as interpreted by an international tribunal.

And I'm not the only one upset about this. No less than the Conference of State Supreme Court Chief Justices is among those concluding that CAFTA provides greater property rights to foreign investors than U.S. law provides you and me as U.S. citizens!

Furthermore, current rules under Trade Promotion authority granted by Congress require that trade pacts grant to foreign investors "no greater substantive rights with respect to investment protections than U.S. investors in the United States."

Yet even a cursory review reveals that CAFTA fails the test on both counts. Although some words included in NAFTA's investor protection system were changed in CAFTA, the changes were simply procedural and not substantive.

Instead of basing foreign investors' property rights on U.S. law, as Congress requires, CAFTA provides foreign investors in the United States with a "minimum standard of treatment" set forth by "customary international law" and established in "principle legal systems of the world." The effect is to throw U.S. sovereignty and property rights out the window in the name of "free trade."

CAFTA exceeds U.S. law by empowering foreign investors to go to international tribunals in an effort to be compensated in U.S. taxpayer dollars for regulatory takings.

Furthermore, new language in CAFTA almost unbelievably extends the outrageous benefits of this foreign investor-state dispute resolution system to corporations that have a "written agreement" with the federal government regarding "natural resources or other assets that a national authority controls."

For example, foreign investors could circumvent the U.S. court system entirely by bringing arbitrary challenges over oil and gas, mining, and water contracts to an international tribunal. If a foreign investor is granted a land concession for logging and, as a condition of the contract, is told that the trees must be replanted, the foreign investor can challenge the requirement to replant as an infringement on their "foreign investor rights" and "minimum standard of treatment" through UN and World Bank tribunals.

The U.S. logging company down the street can only go through U.S. courts and has no such special rights.

The very notion that international tribunals should get a say in how we manage U.S. property rights and grant concessions on U.S. land is simply unacceptable.

Opening new markets between Central American and the United States is one thing. Asking me to cede decisions over U.S. natural resources and property rights to international tribunals while giving foreigners greater rights to our land than our own citizens have is something else entirely. I won't accept it, and neither should you.

COURT TURNS CONSTITUTION ON ITS HEAD

2005-07-01T06:01:00.000-07:00

AMERICANS OUTRAGED BY THREAT TO PRIVATE PROPERTY RIGHTS

By Congressman C.L. "Butch" Otter

As Americans celebrate the 229th anniversary of the Declaration of Independence, an assault on another of our founding documents has captured the nation's attention. It is neither foreign enemy nor insurgent force that threatens the most precious and cherished piece of our political heritage; it is a 5-4 majority of the United States Supreme Court.

The justices ruled on June 23 that a simple 12-word phrase in the Fifth Amendment to the Constitution - which was pointedly intended to limit the new national government's power over the people - actually grants government nearly unfettered authority to strip citizens of their homes, farms and businesses.

It ranks among history's most outrageous examples of constitutional revisionism.

The Fifth Amendment states, in part, "nor shall private property be taken for public use without just compensation." Those words were carefully chosen for clarity and precision. They speak to a principle understood well by landowners and government officials alike - including judges - for centuries. "Eminent domain" has served our republic well as an important but carefully used tool with which governments extend the benefits of the social contract through construction of roads, bridges and other public works.

Now Justices Stevens, Souter, Ginsburg, Breyer and Kennedy have decided we had it wrong all that time. They concluded the Framers must have intended "public use" to include "economic development" - essentially shifting the idea of "public use" to the more expansive "public benefit." While that might seem subtle, what it does is empower government to take private property for any other use that it determines to be more profitable or productive, or that simply will generate more public revenue - taxes.

The immediate murmur of shocked criticism in response to the court's ruling in Kelo v. City of New London has turned into a cacophony of public concern and official consternation as people realize the implications: No one is safe.

As Justice Sandra Day O'Connor put it succinctly in her sharply worded dissent, "The specter of condemnation hangs over all property, nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

The leaders of New London, Connecticut, almost certainly would have failed if the land in question had been the habitat of an endangered plant or animal rather than a neighborhood of working-class people unwilling to give up their homes for a private development that the city determined would provide a greater public benefit.

Each state constitution, including Idaho's, imposes restrictions on the power of eminent domain. Some are more specific than the Fifth Amendment's reference to "public use." Idaho, for instance, limits the state's condemnation authority to land for projects necessary to "complete development of the material resources of the state, or the preservation of the health of its inhabitants ..."

However, each state constitution is required to fall within the essential principle that government is subordinate and accountable to the individual citizen, not the other way around. Put more simply, our constitutions are designed to ensure that government remains the servant, not the master.

The Supreme Court has turned that principle on its head. John Adams and James Madison, two of our Founding Fathers, knew such a power grab was possible. They warned against it.

"The moment the idea is admitted into society that property is not as sacred as the laws of God .. anarchy and tyranny commence," Adams said. "Property must be secured or liberty cannot exist."

"That is not a just government, nor is property secure under it, where the property which a man has in his personal safety and personal liberty is violated by arbitrary seizures of one class of citizens for the service of the rest," Madison said.

That's why they insisted on the clear, straightforward words "public use" in the Fifth Amendment. Everyone understood what it meant; there was no disagreement or confusion. Now we find ourselves with a narrow majority on the highest court in the land willing to simply erase the foundation of our freedom and prosperity, and the beacon of individual liberty that has drawn generations to our shores.

It is unthinkable that the Framers of a Constitution designed to "secure the blessings of liberty to ourselves and our posterity" would intend that private property be subject to government confiscation - and confiscation it is, for how can "just compensation" be possible when government wields the power to define "public use" so broadly?

This is not a class issue. This is not a partisan issue. This is a question of the most fundamental importance to America's future, and one on which none of us can afford to be what Thomas Paine called "sunshine patriots." That's why I am proud to be an original cosponsor of legislation to address the very real and imminent threat of government overreaching raised by Kelo v. City of New London. Rest assured it will be my highest priority.

IDAHOANS BACK PROPERTY RIGHTS PROTECTION

2005-06-30T11:16:00.000-07:00

SIMPSON, OTTER TO COSPONSOR LEGISLATION TO LIMIT EMINENT DOMAIN AUTHORITY

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter will cosponsor new legislation to restore the fundamental property rights stripped from the American people by a recent U.S. Supreme Court decision.

Simpson and Otter endorsed the Private Property Rights Protection Act of 2005, being introduced by House Judiciary Committee Chairman F. James Sensenbrenner Jr., as a reasonable and necessary response to the court's 5-4 decision on June 23 in Kelo v. City of New London.

That ruling upheld the city of New London, Connecticut's determination that economic development qualifies as a "public use" for which the Constitution allows governments to take private property under the power of eminent domain.

Chairman Sensenbrenner's bill clarifies the constitutional restriction on government embodied in the Takings Clause of the Fifth Amendment by prohibiting any government authority from using economic development as a reason for exercising its power of eminent domain. The restriction would apply whenever federal funds contribute in any way to the project for which the power of eminent domain is exercised.

"The Supreme Court's split decision is an undeniable threat to property owners and contradictory to the property rights protections of the Constitution," Congressman Simpson said. "In Congress, we must do our part to quickly mitigate the impacts of this decision and protect the rights of property owners across the county. That is why I am proud to be a part of this effort to defend the property rights of my constituents."

"There is simply no justification for classifying private development as the kind of 'public use' anticipated by the Framers as the basis for the government - any government - taking private property. It's that kind of revisionist interpretation of the Constitution that has placed so much of our public life at the mercy of appointed judges and creeping statism," Congressman Otter said. "The ability for individuals to obtain, use and transfer private property is a fundamental principle of our free society. This decision severely weakens that principle. Our legislation will set it right."

U.S. WINS CHALLENGE TO WTO PANEL RULING ON GOVERNMENT LOANS IN KOREAN DRAM CASE

2005-06-29T05:52:00.000-07:00

Idaho delegation notes ruling brings victory for Micron, U.S.

Washington, DC – Idaho Senators Mike Crapo and Larry Craig and Idaho Representatives Mike Simpson and C.L. “Butch” Otter applauded today’s ruling from the WTO Appellate Body. The ruling reversed a WTO panel and sided with the United States in a dispute involving subsidies provided by the Government of Korea to Hynix, a Korean manufacturer of memory semiconductors. The Appellate Body agreed with the United States that a WTO panel incorrectly concluded that U.S. countervailing duties on Hynix semiconductors were improper. As a result, U.S. countervailing duty rates of 44 percent ad valorem will remain in place. That means when Hynix DRAM products are shipped into the U.S., they face a 44 percent tariff, a practice that began in August 2003 after the Department of Commerce made a decision that the imports were improperly subsidized.

The delegation said, “This is a significant victory for the Bush Administration and Ambassador Portman in upholding the principle that if a government pressures banks to provide non-market loans it is a subsidy and is in violation of U.S. and WTO trade laws when it causes injury to the domestic industry. We have said all along that a level playing field is a must and it is unfair when foreign governments subsidize their industries. This is very positive news for Micron and other manufacturers who supported this case.”

The Appellate Body agreed with the U.S. findings that the WTO panel committed several errors in reviewing the U.S. determination that the Government of Korea subsidized Hynix by pressuring private creditors to provide financial assistance to the company. The errors included a failure to examine the record evidence in its totality; a refusal to consider evidence that was on the record of the underlying investigation and that was cited by the United States; and a key finding by the panel that was not supported by evidence on the record of the underlying investigation. Cumulatively, these errors amounted to a failure on the part of the panel to apply the correct standard of review. According to the Appellate Body, “the Panel essentially ‘second-guessed’ the investigating authority's analysis of the evidence and thus overstepped the bounds of its review.”

Under WTO rules, Appellate Body reports are not subject to further appeal.

OTTER HAILS COURT'S FILE-SHARING DECISION

2005-06-28T08:10:00.000-07:00

CONGRESSMAN PLEASED BY RULING TO PROTECT INTELLECTUAL PROPERTY

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter said Monday's U.S. Supreme Court opinion that file-sharing software companies may be held responsible for the copyright infringement they promote is a victory for private property rights.

The high court ruled that companies can be held liable when their marketing of file-sharing services involves "the clear expression or other affirmative steps taken to foster infringement" by customers illegally downloading music and movies.

Congressman Otter - a member of the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection - is a leading advocate of protecting property rights of all kinds. He works closely with digital media manufacturers, as well as the Motion Picture Association of America and the Recording Industry Association of America, to find legal, market-based solutions that meet consumer demands while protecting against copyright infringement, which is theft.

"It's reassuring that, despite its recent departure from reality on the issue of eminent domain, the Supreme Court recognizes unauthorized reproduction of copyrighted intellectual property as a crime," Congressman Otter said. "Illegal file sharing is an assault on private property, just as surely as someone using your land without permission. Copyright laws encourage people to express themselves creatively by protecting the fruits of their labor. Our government and courts sanction copyright infringement only at the peril of our people's creative genius, and our nation's continuing greatness. Today's ruling upholds that principle."

IDAHO LAWMAKERS SUPPORT AMENDMENT BILL

2005-06-23T07:04:00.000-07:00

SIMPSON, OTTER BACK AUTHORIZING CONGRESS TO BAN FLAG DESECRATION

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter joined more than two-thirds of their House colleagues Wednesday in supporting legislation to amend the Constitution by authorizing Congress to prohibit physical desecration of the American flag.

The 286-130 vote on House Joint Resolution 10 marked the fifth time that the House has approved identical language in response to resolutions from all 50 state legislatures calling on Congress to pass a flag protection amendment. Both Simpson and Otter were among 196 House cosponsors of the measure, for which polls show overwhelming public support.

Despite the support of Idaho Senators Larry Craig and Mike Crapo, the Senate has twice fallen just short of the two-thirds majority required to send an amendment to the states for ratification by three-fourths of their number - or 38 states - within seven years.

In 1989, statutes on the books of the federal government and every state except Alaska and Wyoming outlawed the physical desecration of the American flag. However, that same year, the U.S. Supreme Court ruled 5-4 in Texas v. Johnson that the First Amendment protected burning an American flag as part of a political demonstration. In 1990, the high court ruled 5-4 against the Flag Protection Act, which Congress passed with overwhelming bipartisan support in response to the earlier opinion.

House Joint Resolution 10 will not prohibit flag desecration. Rather, it will empower Congress to prohibit the physical desecration of the flag and establish boundaries within which Congress may legislate to prosecute such conduct.

"For more than 200 years the Stars and Stripes have served as a worldwide symbol of liberty. The flag has guided soldiers on war-torn battlefields and has been draped over patriots' coffins who have given their lives for freedom. As a symbol of our country, I believe it deserves and demands protection from those who would desecrate it. I am proud to have joined the House of Representatives to begin the process of protecting this sacred symbol," Congressman Simpson said.

"I am a staunch defender of individual liberties and our First Amendment freedoms, including freedom of speech. However, I believe desecrating the American flag is not free speech, but rather conduct consistent with what courts have defined as 'fighting words.' Just as burning a cross is illegal conduct and not protected speech, so too should burning the American flag be counted in that category of particularly incendiary acts," Congressman Otter said. "The people have made their wishes clear on this point. I believe the Founders' intended the process of amending our Constitution to be responsive to just such public imperatives, and for the process to be both democratic and thorough in considering such action. Our vote today only begins that process, and I welcome the discussion on our values and principles it will engender."

MEMORIAL DAY IN A NEW CENTURY

2005-05-25T05:41:00.000-07:00

"CHERISHING TENDERLY THE MEMORY OF OUR HEROIC DEAD"

By Congressman C.L. "Butch" Otter

On May 5, 1868, Major General John A. Logan, commander in chief of the Grand Army of the Republic, issued General Order No. 11. It designated May 30, 1868, "for the purpose of strewing with flowers or otherwise decorating the graves of comrades who died in defense of their country during the late rebellion, and whose bodies now lie in almost every city, village, and hamlet churchyard in the land."

That began a "Decoration Day" tradition, first applied to those who fell in the Civil War and later expanded to honor those killed in all America's wars. We know it now as Memorial Day, an official three-day-weekend holiday that for many means little more the start of fishing season and summer vacations.

There's nothing wrong with fishing or vacations. They too are part of American life. However, it seems sad that so many of us have forgotten or never learned that this one day was set aside 137 years ago specifically for "cherishing tenderly the memory of our heroic dead, who made their hearts a barricade between our country and its foes."

Congress has played its own role in the onset of benign neglect. With the National Holiday Act of 1971, the legislative branch helped turn a sacred day of grassroots remembrance into another federal day off - the last Monday in May.

It is tragic that it took the attacks of 9/11 to bring fullness for the 21^st century to the sense of national pride and purpose that fostered the original Decoration Day in the 19^th century, and which sustained generations of patriots through much of the 20^th.

It is telling of the American character, however, that a tragedy defining the challenge of a new century - just as the Civil War defined the struggle of its time - once again sparked what Lincoln at Gettysburg called "a new birth of freedom."

This time, Americans are helping give birth to freedom in another part of the world, and Idaho troops are among those heroic dead whose memory we have the opportunity to tenderly cherish on Memorial Day.

This spring, thousands of young men and women are graduating as commissioned officers from America's military academies at West Point, Annapolis and Colorado Springs. They are the first graduates whose entire preparation for military service has been focused on the threat that terrorism and its sponsors pose to our way of life.

The nature of the threat is new, but the sacrifices made at Tora Bora, Baghdad and Fallujah are the same as those made by soldiers at Shiloh, San Juan Hill, the Somme, Omaha Beach, Inchon and Pleiku. It is those sacrifices to which Memorial Day is dedicated. It is those sons and daughters of liberty whose lives were lost to preserving it for the rest of us whose memory we honor.

The significance of what once was Decoration Day never dims for those who lose loved ones in America's conflicts. For them, every day is a fresh opportunity to remember, and cherish. It is our responsibility to join them on this one day a year, in reverent gratitude for their sacrifice to the cause of freedom for us all.

This Memorial Day, for the first time, Idaho has its own State Veterans Cemetery. It is a beautiful and humbling place, and well worth a visit on any day of the year.

However, as was the case when General Logan issued General Order No. 11, "almost every city, village, and hamlet churchyard in the land" also shelters those who have fallen in battle. Please take the time to visit them this year, before the fishing trips and vacations, and pay your respects to those who gave the last full measure of devotion.

OTTER INTRODUCES WATER STORAGE MEASURE

2005-05-25T05:39:00.000-07:00

LEGISLATION AUTHORIZES BUREAU OF RECLAMATION FEASIBILITY STUDIES

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter acted on his commitment to preserving and protecting Idaho's water on Tuesday with legislation authorizing an analysis of adding storage capacity on the Snake, Boise and Payette river systems.

The bill, H.R. 2563, provides broad authorization for the U.S. Bureau of Reclamation to conduct detailed feasibility studies of addressing chronic water shortages that have been aggravated by continuing drought across the arid West.

"If there's one thing Idahoans understand, it's the importance of matching our limited water supplies to what seem to be unlimited demands. Every year our water supplies are used for irrigation, power generation, industrial and municipal needs, as well as for fish recovery and other Endangered Species Act requirements," Congressman Otter said.

"These demands are constantly growing, yet every spring we watch hundreds of thousands of acre-feet of water pass through our system that could and should be stored for beneficial uses. This is water that could be used for aquifer recharge, expanding municipal systems or even environmental mitigation.

"I have been told that the days of building new dams are over. However, I am not that easily convinced. Last year I convened a group of interested water users to consider additional storage opportunities in Idaho. The group is focusing on the Treasure Valley, but we are hopeful that success will enable the use of a similar process in other regions of Idaho. We are not just talking about building dams; we also are looking at adding to existing structures, off-site storage, recharge and a host of other ideas.

"As part of this process, the Bureau of Reclamation in Idaho is undertaking an initial 'appraisal level' study for the Boise and Payette river systems. The legislation I am introducing today is the next step in the process."

COEUR D'ALENE STUDENT WINS ART CONTEST

2005-05-24T05:54:00.000-07:00

YOUNG ARTIST IMPRESSES JUDGES WITH MOVING "LETTER FROM HOME"

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter announced Monday that Laura Oswald, a junior at Coeur d'Alene High School, is Idaho's 1^st District winner in the 2005 Congressional High School Art Competition.

Laura's touching and evocative drawing of a pensive young Marine - titled "Letter From Home," will be shipped to Washington, D.C., next month to begin a year on display in the U.S. Capitol.

Laura, her mother Kathy Oswald, and her high school art teacher, Terri Leonard, will fly to Washington courtesy of Southwest Airlines for a June 14 ceremony opening the art display with award-winning work from students throughout the country.

"Letter From Home," a work in graphite, was the unanimous choice from among 25 entries assessed by a panel of judges, which included artists and gallery owners. Students submitted artwork from throughout Idaho's 1^st District, including Boise, Coeur d'Alene, Hayden, Genesee, Kendrick, Nampa and Weiser. Laura's model for the young Marine was her own boyfriend, Patrick Mason of Coeur d'Alene. His plans to join the Marine Corps this summer, and her feelings about that upcoming separation, were Laura's artistic inspiration.

"I'm extremely proud of all the young artists who put forth the time and effort to share their work with us, and to show America a little bit of the enormous talent that we have right here in Idaho," Congressman Otter said. "Laura's drawing is very personal and yet extremely accessible. The look in this young man's eyes, and the universal theme of connecting with loved ones far away, tell a story in a way only art can. Hers is a very worthy winner, and I'm sure it will speak to the heart of anyone who sees it."

The Congressional High School Art Competition, now in its 24^th year, encourages and recognizes the rich artistic talents of young Americans. This year's theme, An Artistic Discovery, offered students the chance to showcase their creative abilities while providing a way to acknowledge our nation's gifted young artists.

OTTER BACKS PRIVACY PROTECTION MEASURES

2005-05-24T05:50:00.000-07:00

LEGISLATION SEEKS TO SHIELD CITIZENS FROM INVASIVE COMPUTER PRACTICES

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter helped the House approve two bills on Monday targeting high-tech invasion of privacy and the growing problem of identity theft as more Americans engage in commerce on the Internet.

H.R. 744, the Internet Spyware (I-SPY) Prevention Act, was approved 395-1, and H.R. 29, the Securely Protect Yourself Against Cyber Trespass (SPY ACT), was approved 393-4. Both were forwarded to the Senate. Congressman Otter is a cosponsor of H.R. 29, which was considered by the House Energy and Commerce Committee.

"Privacy is getting tougher to protect as the world gets more connected. Criminals stay ahead of the technological curve, and we wind up on the defensive against invisible threats like Web page hijacking, keystroke logging, drive-by downloads, 'phishing' and other surreptitious practices," Congressman Otter said. "These two measures are designed to help protect our personal information and give us more confidence in our online activities. That's important for businesses, individuals and families."

Spyware is software with the ability to secretly track the activity and collect the personal information of computer users while they are online. Millions of computers now contain spyware programs unknowingly downloaded by users. Some Web sites and email messages also deliberately trick computer users into sharing their personal information. Recent privacy breaches by ChoicePoint, DSW Shoe Warehouse and Lexis-Nexis have raised the issue's public profile, with serious economic consequences.

The bills approved Monday respond to such cyber security and privacy concerns.

More information about H.R. 744 can be found at: <http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR00744:@@@D&summ2=m&>.

More information about H.R. 29 can be found at: <http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR00029:@@@D&summ2=m&>.

BIPARTISAN GROUP OF LAWMAKERS APPLAUDS HISTORIC INCREASE IN PILT

2005-05-23T05:55:00.000-07:00

Washington D.C. - The U.S. House of Representatives approved $242 million on Thursday to fund the payments in lieu of taxes program (PILT) program through which the Interior Department gives payments to counties to make up for property taxes they can't collect on federal lands that are located within their boundaries.

The passage of the bipartisan Cubin/Rahall/Cannon/Udall amendment provides approximately 80 percent of the authorized level for PILT by redirecting funds from Interior Department overhead. The increase in funds will help counties across the county pay for essential services such as environmental compliance, law enforcement, health care, education, firefighting and search and rescue. For more than 25 years, the PILT program has provided funding to more than 1,900 counties in 49 states, as well as the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.

Rep. Barbara Cubin (WY-At large) said, "Shortchanging local communities by under-funding PILT is simply bad policy. Common sense dictates that fulfilling our obligations to local communities should take precedence over beefing up the Department of the Interior's staff salaries and expense accounts. When Congress shortchanges the PILT program, rural counties are the ones who end up paying the piper."

Rep. Chris Cannon (UT-03), Chairman of the Congressional Western Caucus said "For years, communities across the nation have been short-changed by under-funding PILT. Today's increase will provide an economic boost for vital community services and will bring an additional $1 million to the counties throughout Utah. With today's vote, we've taken major steps to finally fully funding PILT to its authorized level."

Rep. C.L. "Butch" Otter (ID-01) said, "The PILT program has been funded at an annual average of $155 million for the past 10 years, while federal land acquisition funding has averaged more than $347 million a year during the same period. It's bad public policy to keep buying land when we can't make good on our commitments to the land we already have. This is a great step in the right direction, and I'm encouraged that counties like those in Idaho -- where almost two thirds of the land is in federal hands -- may one day finally get their due."

"It's nice to see the East gradually understanding what the West has known all along - that fully funding PILT is a national issue. If the Federal Government is going to hold onto these large tracts of land in our states, our counties that are impacted must receive some degree of financial restitution. I applaud the entire Western Caucus for this victory today," said Rep. Rob Bishop (UT-01).

Rep. Stevan Pearce (NM-02) said, "This amendment is an historic vote to increase PILT. Although PILT funding is not fully funded, the amendment gives our counties the largest ever amount of PILT funding. These funds are vital for counties to pay for schools, roads, emergency and other necessary services. It also recognizes the economic constraints placed on counties that have large amounts of federal land ownership. It's time the federal government accept the responsibility they have to counties and fulfill the promise made under PILT."

"The bottom line is that the federal government owns too much land in the West," said Jeff Flake (AZ-06).

The Western Caucus is a group of 60 members of Congress committed to protecting the interests and ideals of the West.

HOUSE PANEL TO CONSIDER SNAKE RIVER'S FUTURE

2005-05-19T05:56:00.000-07:00

WATER AND POWER SUBCOMMITTEE TO CONDUCT FIELD HEARING IN CLARKSTON

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter announced Wednesday that the House Resources Subcommittee on Water and Power will conduct an oversight field hearing in Clarkston, Wash., on Monday, June 6, on, "Keeping the Columbia/Snake a Working River."

Reps. Otter and Cathy McMorris of Washington are scheduled to attend the hearing, which begins at 9:30 a.m. at the Quality Inn and Suites Conference Center, 700 Port Drive, in Clarkston, just across the Snake River from Lewiston, Idaho.

Water and Power Subcommittee Chairman George Radanovich of California will lead the hearing, which will focus on the many economic, cultural and natural activities that make the Columbia/Snake a working river system. The subcommittee will invite testimony from witnesses representing organizations, industries and interests associated with the river's various uses and values.

"The Snake River is a precious resource that unites Idaho, from the foothills of the Tetons and the rich farmlands of the east to Hells Canyon and the Port of Lewiston in the west. It irrigates our fields, powers our homes and industries, nourishes our communities and enriches our lives," Congressman Simpson said. "We look forward to this opportunity to examine the issues that have an impact on the river system, and we appreciate the chance for local voices to express our shared hopes and goals for its future."

"A number of questions about river management and its impact on users are growing concerns for our region's economy, from how the dams are run and the flows are regulated to how the channels are dredged and the recreation opportunities are maintained," Congressman Otter said. "This is a rare chance to have the ear of the folks who oversee many of those decisions in an area where the answers make a real difference to real people's lives."

HOUSE PASSES BILL PROTECTING STATE AUTHORITY

2005-05-06T07:38:00.000-07:00

Conference Report Includes Otter's Legislation To Address Challenge to Hunting and Fishing
Washington, D.C. - Bipartisan legislation to protect each state's right to regulate hunting and fishing is one step closer to becoming law today.

The measure will reaffirm the long-standing right of states to make decisions about hunting and fishing licenses and tag limits. States have traditionally regulated hunting and fishing within their borders, but a recent ruling by the 9th U.S. Circuit Court of Appeals questioned whether states could distinguish between residents and non-residents when issuing licenses.

The Senate passed the measure last month as an amendment to the Supplemental Appropriations Act, but it was not in the House version of the bill. On Wednesday, a joint House-Senate Conference Committee agreed to add the measure to the final bill. The House approved the measure on Thursday, and the Senate is expected to vote on it next week.

"This is one of those common-sense pieces of legislation that comes out of the West and unfortunately is all too rare in Washington, D.C. I'm proud to be associated with it," said Congressman C.L. "Butch" Otter (R-ID), who joined Congressman Mark Udall (D-CO) as the bill's primary House sponsors. "The Founders never intended hunting and fishing to be among the things subject to federal control, and it's good to see that Congress sometimes can still recognize a 10th Amendment issue, even if the 9th Circuit too often can't."

"Sportsmen and hunters play a critical role in conserving our natural landscape and resources," Udall said. "This is particularly so with local hunters because they are vested in preserving what they grew up with and love. This amendment will allow states to continue to implement preferences for local hunters and ensure that people closest to the resource involved are recognized."

"This is a big victory for Nevadans, and for sportsmen everywhere," said Senator Harry Reid (D-NV), who joined Senators Ted Stevens (R-AK), John Ensign (R-NV), and Ben Nelson (D-NE) as Senate sponsors. "Nevada's hunting and fishing groups help conserve our natural resources through taxes, fees, and old-fashioned hard work. Our sportsmen understand Nevada, and they work hard to take care of it. This bill recognizes and rewards those efforts."
"Alaskans join Nevadans in the proud tradition of hunting and fishing," said Stevens. "This amendment ensures that our states sportsmen are able to fully partake in the resources and splendor of their own states."

"Nevada's sportsmen embody a proud tradition of western independence and I'm proud to have fought for this measure on their behalf," Ensign said. "We have protected their interests and maintained important protections for our environment."

"Uncle Sam should stay out of the business of regulating state hunting and fishing fees," said Nelson. "It's simply a case of states' rights and the states won an important victory when this bill passed."

IDAHO LAWMAKERS BACK CHILD PROTECTION BILL

2005-04-28T05:46:00.000-07:00

Child Interstate Abortion Notification Act Safeguards Young Girls, Parental Rights

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter helped the House pass legislation on Wednesday making it a federal crime to knowingly transport a girl across state lines to circumvent a state's law requiring parental involvement in abortion decisions.

Both Idaho lawmakers were cosponsors of the Child Interstate Abortion Notification Act, H.R. 748, which was approved on a 270-157. Its goal is protecting the health and safety of girls by preventing valid state parental involvement laws from being circumvented, while protecting the rights of parents to be involved with the medical decisions of their young daughters.

The bill also requires abortion providers in states where no state parental involvement law exists to notify a parent or guardian of an out-of-state minor before an abortion is performed. However, the measure also includes exceptions for cases of abuse or medical emergencies and when a minor receives authorization from a judge in her home state.

More than 30 states, including Idaho, have enacted parental notification laws. Unfortunately, these laws sometimes are evaded by interstate transportation of minors with the cooperation of abortion providers.

"Our number one priority should be to protect the health and safety of our children," Congressman Simpson said. "Parents are responsible for their children's medical procedures and someone else should not be allowed to take their daughters across state lines to have an abortion without their knowledge or consent."

"We can't leave the way clear for abusive boyfriends or older men who may have committed rape to cover up their crimes and further victimize frightened and confused adolescent girls with secret out-of-state abortions," Congressman Otter said. "States have a right to set their own laws on parental notification, but we can't allow legal differences from state to state to continue offering a safe haven for those exploiting vulnerable young women."

HOUSE PANEL ADOPTS ENERGY POLICY ACT

2005-04-15T05:45:00.000-07:00

Congressman Otter Shepherds Idaho National Laboratory Provisions Past Opponents
WASHINGTON, D.C. - America took an important step toward a more affordable, secure and independent energy future last night as Congressman C.L. "Butch" Otter and his colleagues on the House Energy and Commerce Committee approved the Energy Policy Act of 2005.

The full House of Representatives next will consider the sweeping legislation updating America's national energy policy for the first time since 1992, then differences with a version being considered by the Senate will be negotiated before final approval.

Besides addressing domestic energy supply, reliability and efficiency - issues with a direct influence on everything from the price of gasoline to creating jobs and protecting the environment - the House bill improves relicensing procedures for hydroelectric plants on which employers in Idaho and the Northwest depend to remain competitive in the global marketplace. Just as importantly, Congressman Otter overcame stubborn opposition to ensure the next generation of nuclear technology and the unlimited potential of hydrogen are developed at the Idaho National Laboratory.

Congressman Otter also won committee approval for an amendment requiring that standards be set to protect America's electricity transmission grid from cyber security attacks. He cited work being done at the INL's Process Control Security Center to enhance the security of computer systems that control transmission lines, power plants and other industrial activities.
"Every one of us in Idaho has a huge stake in this. From the impact of the price of gas on working individuals and families, to the cost of heating and cooling our homes and powering our businesses - this is our fight. From the great opportunities for improving our lives that work at the INL opens up, to our need to reduce a dangerous dependence on fossil fuels from overseas - this is our fight," Congressman Otter said. "We've been trying to get a national energy policy to the president since I came to Congress in 2001. So far the handwringers and obstructionists have kept that from happening. I'm hopeful that this is the year, and this is the bill, to get the job done."

"Congressman Otter has performed an invaluable service in defending the interests of the Idaho National Laboratory in this bill and beating back attempts to gut our nation's nuclear energy research programs," Idaho Congressman Mike Simpson said. "The INL has a great friend, and even better advocate, in Congressman Otter, and I am grateful to him for the way in which he is leading the charge as a member of the Energy and Commerce Committee to improve our nation's energy independence."

The Energy Policy Act of 2005:

Decreases America's dangerous dependence on foreign oil by increasing domestic oil and gas exploration and development on non-park federal lands and by authorizing expansion of the Strategic Petroleum Reserve's capacity to 1 billion barrels.
Encourages more nuclear and hydropower production by authorizing the U.S. Department of Energy to develop accelerated programs for the production and supply of electricity; developing the next generation of technology for clean, safe and efficient nuclear reactors; and improving procedures for hydroelectric project licensing.
Improves America's electricity transmission capacity and reliability. The legislation provides for enforceable mandatory reliability standards and incentives for transmission grid improvements. The goal is attracting new investment into the industry and ensuring the reliability of our nation's electricity grid in order to stop future blackouts.
Promotes a cleaner environment by encouraging innovation and the use of alternative power sources by launching a state-of-the-art program to enable hydrogen fuel cell cars to compete in the marketplace by 2020. The legislation also authorizes $200 million for the "Clean Cities" program, which will provide grants to state and local governments for acquiring alternative-fueled vehicles.
Promotes clean coal technology and provides incentives for renewable energies such as biomass, wind, solar, geothermal and hydroelectricity.
Promotes leadership in energy conservation by establishing new mandatory efficiency requirements for federal buildings, and efficiency standards and product labeling for battery chargers, commercial refrigerators, freezers, unit heaters and other household products.
Clarifies the federal government's role in siting liquid natural gas facilities and provides an efficient approval process. Improved access to abundant natural gas will help reduce high utility bills, create jobs and strengthen the economy.

WHY THE TAX FILING DEADLINE IS IMPORTANT

2005-04-13T06:00:00.000-07:00

April 15th Gives Americans a Critical Yearly Reminder That Government Must Be Limited
By Congressman C.L. "Butch" Otter

It's that time of year again. Many people consider April 15th - the deadline for filing federal income tax returns - to be one of the most unwelcome dates on the calendar.
Most folks who were figuring on a refund from the government filed their returns weeks or even months ago. Most who expect to be writing a check to Uncle Sam would rather that April 15th never rolled around. However, there is another way of looking at it that involves thinking of ourselves as citizens rather than victims.

April 15th can be a valuable reminder for each of us - whether we're getting some of our own money back or paying more of it in - that we must keep working toward a day when Washington, D.C., has a far less intrusive and expensive role in American life. Rather than a dreaded tax deadline, April 15th can become an annual opportunity to recommit ourselves to the principles of limited government and unlimited opportunity upon which our republic was founded.

Certainly there are vital and legitimate purposes for government to draw on the resources of its citizens for the common good. Just as surely, government has exceeded its mandate. It increasingly ventures into areas of our lives and livelihoods where it never was intended, and spends money to which it should not be entitled.

Last year, 100 percent of the income the average American earned from January 1st to April 14th - 105 days - went to pay federal, state and local taxes. Therefore, April 15th had the added meaning of "Tax Freedom Day," the date on which the average American started working for anything besides the privilege of paying taxes.

This year, economic growth and an increase in the number of people falling into higher tax brackets has moved Tax Freedom Day back two days to April 17th. Even with the tax relief enacted in the past three years, Americans still spend more time working to pay taxes than they spend working to pay medical expenses, put food on their tables and buy clothing combined.
The application of arcane Senate rules means recent federal tax relief measures, including phase-out of the marriage penalty and elimination of the death tax, will be reversed by 2011 or sooner unless Congress acts to make them permanent. That seems like a good place to start reversing the advance of a tax system that is too big, too cumbersome and far too expensive to be justified by government's good works.

Here are some other steps Congress should take toward making the federal tax code fairer and simpler:

Abolish any form of tax triggered by death, inheritance or gifting;
Permanently extend the moratorium on taxing Internet access;
Abolish or at least significantly raise the exemption for the Alternative Minimum Tax;
Eliminate the double taxation of dividends;
Eliminate the capital gains tax for individuals and small businesses;
Repeal the 1993 income tax increase on Social Security benefits;
Allow businesses (Read that: employers) to fully expense equipment purchases;
Remove the tax on interest earned from savings accounts.

Even such reasonable steps are no guarantee that taxpayers will start feeling better about the income tax filing deadline, or about seeing April 15th roll around. My hope is that folks at least will start seeing that date in a different light, and that as a result of the annual reminder it provides we can keep Tax Freedom Day from continuing to get later every year.

Otter and Simpson Introduce PILT Full-Funding Bill

2005-04-07T12:17:00.000-07:00

Measure Forces Washington To Meet Local Commitment, One Way or Another

WASHINGTON, D.C. - Idaho Congressmen C.L. "Butch" Otter and Mike Simpson introduced legislation this week to help ease the tax burden on citizens of rural counties in states like Idaho, where the federal government controls a significant amount of the land - and the tax base.

Congress enacted the Payment in Lieu of Taxes (PILT) program in 1976 to help communities offset the property tax revenue lost due to having nontaxable federal lands within their boundaries. However, Congress has never provided enough money to fully fund PILT according to the law's formula, leaving local governments strapped to pay for vital services - including fire protection and search-and-rescue operations on those same federal lands.

In Idaho, where more than 63 percent of the land is federally owned, counties have been shorted $75.5 million that PILT failed to provide from 1995 through 2004 alone. That has had a direct impact on local property taxes, and on local services.

Under the bill introduced by Idaho's House members, H.R. 1469, failure to fully fund PILT through the appropriations process would result in a requirement that the federal government convey land of equivalent value to local government entities to cover any shortfall. National park land, wilderness areas and national wildlife refuges would be exempt from the land available to make up for PILT deficiencies. Beyond that, the local government would have its choice of compensatory federal property.

"If the government can't be a good neighbor, it has no business being in the neighborhood," Congressman Otter said. "There's no getting around the need for some of the basic services that property taxes provide on the local level, but there's no excuse for having to pay extra for the 'honor' of having so much nontaxable federal land in our counties. The federal government has been a deadbeat landlord long enough. This bill is a way to start making our counties whole."

"The least the federal government can do for the West's numerous public lands counties is meet the minimal commitments it has made through the PILT program," Congressman Simpson said. "Idaho's rural counties rely on PILT payments to fund basic services like schools, roads and law enforcement. When the federal government does not fulfill the responsibility of compensating counties that have no taxable land base, rural communities are the ones who feel the effects."

Last month, Congressmen Otter and Simpson became original cosponsors of the No Net Loss of Private Lands Act. That bill would require that any acquisition of more than 100 acres of new federal lands in states with 25 percent or more of their lands already under federal control be offset by a corresponding sale of existing holdings of equal or greater value. Besides checking the expansion of federal control in the West, that bill would require the government to consider the impacts of its acquisitions and to begin returning current holdings to private, taxpaying owners.

OTTER REINTRODUCES SAFE ACT

2005-04-07T05:49:00.000-07:00

Congressman Joins Senate Colleague in Bid to Amend USA PATRIOT Act

WASHINGTON, D.C. - With the USA PATRIOT Act under review, Congressman C.L. "Butch" Otter reintroduced legislation on Wednesday to help ensure an effective war on terrorism is fought without infringing on Americans' constitutional freedoms.

The House version of the Security and Freedom Ensured (SAFE) Act is a companion bill to a measure introduced by Idaho Senator Larry Craig on Wednesday. Both seek to provide law enforcement with all the tools it needs to stop terrorists while limiting the potential for violations of the constitutional rights to privacy and due process of law, and to strengthen checks and balances on new government authority.

"The issue is not whether we can trust the sincere and well-meaning people prosecuting the war on terrorism today; I believe we can. The issue is our responsibility to be vigilant in protecting the individual liberties with which we are blessed for future generations," said Otter, who was joined by fellow Idaho Congressman Mike Simpson and eight others as original cosponsors of the SAFE Act in the House.

"The PATRIOT Act is a valuable and perhaps even essential weapon against the forces of hate and violence and extremism. However, Congress has a duty to carefully balance the power of such a weapon by safeguarding the heritage of a free and open society. This bill is about helping Americans feel safe, in every sense of the word."

The House Judiciary Committee began hearings Wednesday on reauthorizing the PATRIOT Act, some provisions of which expire at the end of 2005 unless Congress acts.

The SAFE Act is a narrowly tailored, bipartisan effort to amend several particularly controversial sections of the PATRIOT Act that empower federal agents to conduct surveillance on Americans with inadequate judicial oversight. The measure would not impede law enforcement's ability to investigate terrorism, and would not change the practice of pre-PATRIOT Act law in any way. It is supported by a broad coalition of advocacy groups from across the political spectrum.

Simpson and Otter Cosponsor Endangered Species Act Reform

2005-03-17T05:53:00.000-08:00

Idaho Congressmen Support The Critical Habitat Enhancement Act

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter became original cosponsors on Wednesday of California Democrat Dennis Cardoza's legislation to protect property owners and species by improving the critical habitat designation process under the Endangered Species Act.

The Critical Habitat Enhancement Act, H.R. 1299, would give the U.S. Fish and Wildlife Service more time to designate critical habitat for a listed species so that decisions are based on the best available scientific information. It also would require the Fish and Wildlife Service to consider economic impacts and consult with local entities when designating lands for inclusion in a critical habitat area.

Water, natural resources, agriculture and rural organizations are praising the effort to impose common sense on the Endangered Species Act, a 31-year-old law that is in dire need of extensive reform to make it more practical and effective. Congressmen Simpson and Otter applauded Congressman Cardoza's bipartisan campaign to change one of the most onerous and contentious provisions of the ESA. His bill recognizes that enlisting the help of private property owners works far better than imposing heavy-handed regulations.

"Since its passage in 1973, the Endangered Species Act has increasingly been used more to block access to natural resources than to actually recover threatened species," Congressman Simpson said.

"For decades the ESA - and specifically the critical habitat designation process - has been more of a frustrating exercise in paperwork and lawsuits than a collaborative, realistic way to address issues on the ground," Congressman Otter said. "This bill is a way to refocus the use of limited resources on the species rather than continuing with wasteful and too often futile preservation and recovery efforts."

LAWMAKERS RENEW EFFORT TO HELP RURAL COMMUNITIES

2005-03-16T05:37:00.000-08:00

OTTER AND SIMPSON REINTRODUCE BILL EMPOWERING LOCAL HEALTH PRIORITIES

WASHINGTON, D.C. - Nobody cares more about the safety of a community's drinking water, or is more eager to do the right thing to protect it, than the people who live, work and raise families there. Not bureaucrats. Not the Environmental Protection Agency. Not the federal government.

That's why Idaho Congressmen C.L. "Butch" Otter and Mike Simpson reintroduced their legislation on Tuesday empowering small, rural communities like many in Idaho to decide for themselves whether to comply with an unnecessarily strict, expensive and scientifically questionable new EPA rule.

The Small Community Options for Regulatory Equity Act is identical to a bill of the same name introduced in the 108th Congress. It enables communities with populations under 10,000 to opt out of the EPA's new Safe Drinking Water Act standards for arsenic - which occurs naturally in many water systems in the West, at levels above what the agency considers safe - if they determine the cost to citizens exceeds the potential benefit.

The measure addresses a new EPA rule requiring all drinking water systems to reduce arsenic levels from the previous standard of 50 parts per billion to no more than 10 parts per billion by January 23, 2006. That might be achievable for larger municipal systems, but for many small communities it threatens to impose an impossible financial burden on residents who face no discernible health threat. The bill introduced by Idaho's representatives restores the kind of flexibility that Congress wrote into the Safe Drinking Water Act, but which the EPA has chosen to ignore. The agency's unwillingness to consider local conditions and single-minded commitment to a one-size-fits-all solution is contrary to Idaho's interest in educating and assisting citizens rather than proscribing actions and punishing non-compliance.

"This is another one of those all-too-frequent cases of Washington, D.C., deciding what's best for folks in states where we work for a living rather than vote for a living. It would be tough to find a clearer example of the Big Brother approach that leaves people frustrated with government and helpless to do anything about it," said Congressman Otter, a member of the House Energy and Commerce Subcommittee on Environment and Hazardous Materials. "This bill is part of what needs to be a renewed commitment to restoring government to its proper role in our lives. The bottom line is this: If government isn't reasonable, it's wrong."

"All across rural America, small communities are struggling with how to pay for federal regulations that simply don't make any sense," said Congressman Simpson, a member of the Appropriations Subcommittee overseeing the EPA. "In the case of arsenic, over 150 Idaho water systems are facing millions in compliance costs and severe penalties unless they reduce naturally occurring arsenic levels to an arbitrary, unnecessary number. The federal government's command-and-control regulatory structure is unresponsive to the concerns of rural communities and that is why this legislation is so desperately needed."

LAWMAKERS SEEK NO NET LOSS OF PRIVATE LANDS

2005-03-10T15:43:00.000-08:00

Bill Would Limit Further Expansion of Federal Control In the West

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter became original cosponsors on Thursday of new legislation to keep the federal government from expanding its land holdings in the West at the expense of taxpayers and the services that local citizens need.

The No Net Loss of Private Lands Act would require that any acquisition of more than 100 acres of new federal lands in the West - states with 25 percent or more of their lands already under federal control - be offset by a corresponding sale of existing holdings of equal or greater value. The idea is to stop the expansion of the federal government's vast holdings in the West and begin the process of selling those valuable parcels back to the public.

The federal government owns almost 52 percent of the land in 13 Western states, including more than 63 percent in Idaho. The other 37 states are only 4.1-percent federally owned. While the federal government promised in the enabling acts for states in the West to sell a portion of the federal lands to pay for state projects, the government instead has increased its holdings. It now spends almost $200 million a year to acquire new land.

Besides checking the expansion of federal control in the West, the new legislation would require the government to consider the impacts of its acquisitions and to begin returning current holdings to private, taxpaying owners.

"My role as vice-chairman of the House Interior Appropriations Subcommittee has reinforced my belief that the federal government already owns more land than it needs or can possibly take care of," Congressman Simpson said. "The federal government year in and year out fails to meet its responsibilities to manage the land it currently owns or adequately compensate rural counties with large federal land ownership. The federal government cannot continue to place increased burdens on rural communities by displacing lands that are so important to the tax base of these small communities."

"The federal government has failed in its commitment to the people of the rural West by refusing to make up financially for the land it controls. If local folks are paying for search-and-rescue, waste disposal and court costs for those who come to play on federal lands, the least the feds can do is start offsetting those expenses by returning some of that property to the local tax rolls," Congressman Otter said. "If it really is in the best interest of the general public for more land to be added to the federal inventory, then I believe a similar amount of land should be removed from federal management. This bill accomplishes that goal."

Otter and Simpson Introduce Bill

2005-03-03T05:23:00.000-08:00

to Help Rural Residents Get Clinical Lab Services Closer to Home
Measure Also Would Help "Critical Access Hospitals" By Assuring Medicare Coverage for Testing of Specimens Collected at Rural Health Clinics

WASHINGTON, D.C. - Patients in Idaho's far-flung rural communities would have better access to the laboratory tests they need, without traveling to a larger community to visit a designated "Critical Access Hospital," under bipartisan legislation from Idaho Congressmen C.L. "Butch" Otter and Mike Simpson.

The Critical Access to Clinical Lab Services Act of 2005 was introduced in the U.S. House of Representatives on Tuesday with 15 cosponsors. Its goal is to clarify Medicare rules for payment of clinical laboratory tests conducted at facilities qualified under the "Critical Access Hospitals" program created by Congress in 1997.

The idea of the program was to ensure that people in isolated rural communities have access to health care. To protect the economic viability of these hospitals - which often are a community's only source of vital health-care services - Congress established cost-based reimbursement for Medicare services they provide, regardless of where the services are provided.

A "clarification" by the agency that administers Medicare changed that policy by specifying that, effective October 1, 2003, hospitals no longer could be reimbursed on an at-cost basis for laboratory services unless patients are "physically present in a critical access hospital" when laboratory specimens are collected. Many critical access hospitals provide laboratory services in rural health clinics and nursing homes in smaller, outlying communities, as well as in home-health settings. However, elimination of cost-based reimbursement makes it financially prohibitive for them to continue offering offsite laboratory tests.

"This change is forcing Medicare beneficiaries to travel to a critical access hospital to have lab work done. That's an expense in time and money that these folks just don't have, and it's unnecessary if the hospital is willing and able to draw specimens at the point of care and take it back for analysis," Congressman Otter said. "We've tried repeatedly to get this policy changed administratively. Now it's time to change the law and stop imposing a burden on patients - especially the sick and elderly - that jeopardizes their access to care."

"Our rural communities should have quality access to care without being required to drive long distances unnecessarily. We should applaud our hospitals for bringing health care directly to the patients in their communities rather than punishing the hospitals with lower reimbursement rates," Congressman Simpson said. "I commend Congressman Otter for introducing this legislation that will allow Idahoans to have access to the quality care they deserve."

Simpson and Otter Praise House Passage of H.R. 310, the Broadcast Decency Enforcement Act

2005-02-18T06:30:00.000-08:00

Measure raises the fines for indecency to a cap of $500,000

Washington, D.C. - By a vote of 389-38, the United States House of Representatives approved legislation that takes significant steps to ensure television and radio programming intended for families truly is suitable for families. The bill now will be considered by the U.S. Senate.

Idaho Congressmen Mike Simpson and C.L. "Butch" Otter supported the Broadcast Decency Enforcement Act of 2005, H.R. 310 - a bill that increases fines from $32,500 to $500,000 for each violation of Federal Communications Commission obscenity standards.

“The House’s action is another important step in our efforts to remove indecent content from our public airwaves,” said Simpson. “This bill, in no way changes the laws governing broadcasters and is consistent with decades of court rulings. This bill simply puts fines for indecency at a level where the standards can no longer be ignored.”

“Broadcasters -- like everyone else -- have the constitutional right to express themselves, but they need to realize that abusing that right has consequences,” Otter said. “The existing fines don’t seem to be enough to get the attention of the broadcast industry or even individual broadcasters these days. They see it as little more than a troublesome cost of doing business. We want to get their attention, so that the industry gets to a point where it more effectively regulates itself.”

In addition to raising the fines from $32,500 to $500,000 per violation, the legislation mandates a license revocation hearing after the third offense by a broadcaster and also imposes on the FCC a 180 day “shot clock” to act on indecency complaints filed by consumers. Additionally, the bill raises the amount the FCC can fine networks and entertainers who willfully or intentionally violate decency standards from $11,000 to $500,000.

The bill also includes protections for local affiliates from fines in instances, like the 2004 Super Bowl, where they had no way of knowing what would be broadcast by the network. Using the public airwaves comes with the responsibility to follow the FCC decency standards that apply to programming that airs during the family hours of 6:00am to 10:00pm - the times when children are most likely to be tuning in.

Simpson and Otter Support Class Action Fairness Act

2005-02-18T05:56:00.000-08:00

Measure Provides Common-sense Answers to Growing Abuse Problem

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter voted with the 279-149 House majority on Thursday for Senate-passed, bipartisan legislation to restore common sense and sanity to America's courts.

Simpson and Otter enthusiastically supported the Class Action Fairness Act, S. 5, which now goes to President Bush to be signed into law.

The bill prohibits lawyers for plaintiffs from accepting any settlement that costs their clients money. It also establishes primary jurisdiction in federal courts for multi-jurisdictional class-action lawsuits seeking more than $5 million and with more than 100 members of a class. That will eliminate the practice of "forum shopping," where lawyers file their cases in states with the friendliest judges and loosest procedural rules - so-called "magnet courts."

What's more, the legislation is designed to put an end to various "tricks" used by plaintiffs' attorneys to stay out of federal court - like naming a local pharmacy or convenience store in a nationwide product liability suit, or amending a complaint to add millions of dollars in claims after the deadline for removal to federal court.

Finally, the measure implements a "Consumer Class Action Bill of Rights" to protect consumers from some of the most egregious abuses in class-action lawsuits today. It contains several provisions specifically designed to ensure that class members, not their attorneys, are the primary beneficiaries of the process.

"Time and time again consumers end up with virtually nothing after a class-action suit while their lawyers end up with millions," Congressman Simpson said. "It's time for Congress to support a class-action process that is fair to consumers and puts an end to the unscrupulous practices permitted under the current system."

"Many class-action lawsuits are justified, and people who have been legitimately damaged deserve their day in court. However, it's difficult to overstate the degree to which our personal and professional lives have been affected by the excesses of the legal profession," Congressman Otter said. "A balanced, fair legal system is critical to America's political, economic and social well-being. Yet today we have a legal system that is unfair, unbalanced and widely unpredictable. This bill will help get us back on track."

IDAHOANS SHOW HOPE, OPTIMISM, FAITH

2005-02-17T06:27:00.000-08:00

BROAD SUPPORT FOR TROOPS AND THEIR FAMILIES REFLECTS THE BEST OF OUR STATE
By Congressman C.L. "Butch" Otter

In the days and weeks following the terrorist attacks of September 11, 2001, Americans came together in a way that was energizing and inspiring. We united not against a threat, but for a way of life. Rather than turning inward with hatred and resentment, we celebrated our heroes and renewed our faith in God.

That same spirit was evident in postcards from more than 10,000 Idahoans who responded to my recent constituent inquiry regarding support for our troops who now are advancing the frontiers of freedom in Iraq. Some included personal messages for the men and women in harm's way, those brave members of our armed forces risking their lives to keep terrorism from our threshold.

"The cause you serve is worthy and just. Keep up the outstanding effort," wrote
a Coeur d'Alene man.
"Thank you for preserving America's freedoms," wrote an Emmett man.
"God bless and keep you safely," wrote a McCall woman. "Thank you for serving your country."

Thank you. God bless you. Keep it up. Come home safely. Those were the prevailing themes of these
touching messages to the sons, daughters, husbands, wives, sisters and brothers who are at the tip of liberty's spear. Like them, the people of Idaho are shouldering the heavy responsibility of freedom with strength, resilience and grace.

Thousands of members of my old outfit - the Idaho Army National Guard's 116th Armored Cavalry - and all the other deployed units are the pillars of Idaho communities large and small. They are sorely missed by us all, but most especially by their families.

I have been greatly impressed by the degree to which Idahoans have rallied around their neighbors to provide whatever support, encouragement and help is needed while these loved ones are away. The positive attitude, the emotional fortitude and the selfless acts that virtually every city and town are witnessing daily testify to the kind of folks who call Idaho home.

Too many people these days define themselves by what they oppose rather than what they champion. People are quick to condemn, but far too slow in offering their own solutions. In the case of America's troops, we have found common ground. There is no debate, no contention and no dispute. No matter how you feel about their mission, we all can agree they deserve our unquestioned support and thanks.

That was the clear message I got from those who took the time to respond with well wishes for our troops, and with hope and optimism for America. Thank you all.

OTTER BACKS REAFFIRMING STATE AUTHORITY

2005-02-09T14:50:00.000-08:00

NEW BILL ENSURES IDAHO CAN REGULATE NONRESIDENT SPORTSMEN DIFFERENTLY

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter became an original cosponsor on Wednesday of a bipartisan bill to protect Idaho and other states from the threat of losing legal authority to regulate hunting and fishing within their boundaries.

The legislation responds directly to a 2002 ruling by the 9th U.S. Circuit Court of Appeals in an Arizona case, Conservation Force v. Manning. The court said the U.S. Constitution may bar states from distinguishing between residents and nonresidents of their own states in hunting, fishing and related activities.

Specifically, the court questioned the validity of limiting the number of hunting tags made available to nonresidents, concluding that such discrimination would hurt interstate commerce. That decision has spawned litigation in other states, and several pending legal actions threaten each state's wildlife regulatory authority.

The new measure - backed by a number of lawmakers in the West, Republicans and Democrats alike - would create an exception to the Constitution's Commerce Clause ensuring each state retains the authority to regulate access to hunting and fishing.

"This is another one of those cases where a federal court is making law and influencing public policy in a vacuum rather than considering the context and the impact of its actions. This time, the court got mixed up in something far too dear to the people of Idaho," Otter said. "Hunting is a way of life in the West, passed on from generation to generation. We take stewardship of our wildlife resources seriously, and I won't let this important management tool be taken away from the states."

Alex Irby of Orofino, a member of the Idaho Fish and Game Commission, enthusiastically welcomed the bill's introduction as an important step toward reaffirming the state's traditional authority.

"It's Idahoans who protect the habitat; it's Idahoans who understand conditions on the ground; and it's Idahoans who have the most at stake here. Our own citizens have the most to lose if hunting and fishing regulations are taken out of our hands," Irby said. "We need to be able to make decisions in the best interest of wildlife and our Idaho sportsmen, without worrying that somebody from out of state who wants to spend a few days hunting here will sue us to avoid paying for the privilege. This will be a great help."

SIMPSON, OTTER FIGHT FRIVOLOUS LAWSUITS

2005-02-04T10:05:00.000-08:00

IDAHO LAWMAKERS PUT WEIGHT BEHIND TWO BILLS AIMED AT ENDING FRIVOLOUS SUITS AND PROTECTING INNOCENT BUSINESSES

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter announced their support this week for two pieces of legislation to dramatically reduce the number of frivolous lawsuits choking U.S. courts and devastating small businesses.

Simpson and Otter are original cosponsors of the Personal Responsibility in Food Consumption Act, H.R. 554. The measure would prohibit legal claims against the food industry by people who gain weight or become obese by consuming too much of an otherwise safe and legal product. Florida Congressman Ric Keller introduced the bill February 2.

Among the compelling arguments in support of H.R. 554 are:

The food service industry - with more than 12 million employees - is America's largest private-sector employer;
Litigious trial lawyers have called the fast-food industry the next tobacco, estimating potential profits of $40 billion from obesity-related lawsuits;
Public schools are the next target for class-action lawsuits as trial lawyers look to place blame on food court vending machines for child obesity.

Simpson and Otter also are cosponsoring H.R. 420 - the Lawsuit Abuse Reduction Act of 2005, which would prohibit the filing of frivolous lawsuits. Specifically, H.R. 420 would:

Permit judges to order plaintiffs to reimburse reasonable litigation costs, including attorney fees;
Make sanctions against attorneys or parties who file frivolous lawsuits mandatory rather than discretionary;
Remove a "safe harbor" provision that allows plaintiff's attorneys to avoid sanctions for frivolous suits by withdrawing them within 21 days;
Reduce "court-friendly shopping" by requiring that plaintiffs in civil tort actions sue only where they live or were injured, or where the defendant's principal place of business is located.

"Along with many of my colleagues in Congress, I have become sick and tired of the victimization mindset all too prevalent in our society," Congressman Simpson said. "At some point our nation is going to have to step back from its sue-happy mentality and our
nation's citizens will have to take responsibility for their own actions in a way generations of Americans did prior to the late 20th century. I'm proud to be a part of these two efforts to reduce frivolous lawsuits and protect honest businesses from the unwarranted harassment of overzealous trial lawyers."

"In an age of medical miracles, a growing percentage of our health problems are preventable. Yet if we eat too much, or eat the wrong things, or simply fail to exercise a measure of self-control, we'd rather call a lawyer than change our behavior," said Congressman Otter, a member of the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection. "We all will be better off when personal responsibility becomes more important than personal injury lawyers, and when we stop trying to make someone else pay the price for our own actions."

Both measures are pending before the House Judiciary Committee.

OTTER REACTS TO STATE OF THE UNION ADDRESS

2005-02-02T20:28:00.000-08:00

CONGRESSMAN APPLAUDS AMBITIOUS GOALS, URGES BUDGET DISCIPLINE

WASHINGTON, D.C. - Congressman C.L. "Butch" Otter issued the following statement in response to President Bush's State of the Union Address on Wednesday.

"President Bush outlined some bold and ambitious initiatives. But the goals are sound and achievable if we focus on the good of the American people. I was particularly impressed with the President's reference to all of us being good stewards of the economy. Those of us in Idaho understand that stewardship means preserving and nurturing resources -- economic or otherwise -- for the greatest sustainable, long-term benefit of future generations. With that in mind, the President offered a strong starting point for addressing some of America's most pressing domestic issues. Most importantly, he focused on achieving results now rather than passing problems on to our children and grandchildren. That obligation to tackle issues today especially applies to fiscal responsibility. We'll be saddling future Americans with a huge debt unless we act now to rein in spending, show budget restraint and set new and more realistic priorities for government."

Simpson and Otter Call Court Ruling More Evidence of Need for Endangered Species Act Reform

2005-02-02T13:49:00.000-08:00

Oregon Judge's Decision Highlights Serious Problems with the Law
WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter said today that this week's ruling from a federal judge in Oregon on the protected status of gray wolves once again points out the dire need for fundamental changes to the Endangered Species Act.
The U.S. District Court for the District of Oregon vacated a U.S. Fish and Wildlife Service rule on gray wolves that established three "Distinct Population Segments" under the ESA and changed the protected status of the eastern and western populations of the wolves from "endangered" to "threatened."

The Fish and Wildlife Service said the ruling should have no impact on plans for managing wolves in most areas of Idaho where special rules apply to that experimental, non-essential population. However, private landowners and government officials in northernmost Idaho - north of Interstate 90, outside of those experimental, non-essential population areas - once again will be restricted from harming, harassing or killing wolves attacking livestock.

Simpson and Otter said the decision highlights why Congress must make Endangered Species Act reforms a high priority this year.

"No person, animal, or plant is well served by a process that allows the courts to manage our nation's natural resources," Congressman Simpson said. "This decision provides yet another glaring example of why we must work harder than ever to reform the Endangered Species Act. The proper influence of sound science, commonsense, and fairness needs to be restored to its proper role in our nation's public lands and resource management laws."

"The ESA is driven by lawsuits and advocacy science. Too many decisions that influence the lives and livelihoods of most of us in Idaho are being made in Washington, D.C. and - even worse - in courtrooms," Congressman Otter said. "We need to change the law to ensure that only the best peer-reviewed science is used as the basis for public policy. We need to ensure that the people who live and work and raise families in areas where wolves now also live have the flexibility and authority to act in the interest of the protected species without doing serious damage to an unprotected species - human beings."

Simpson, Otter Cosponsor Immigration Security Legislation

2005-01-26T13:49:00.000-08:00

New Measure Would Bring Common Sense to the Law and Address Glaring Weaknesses in America's Homeland Security

WASHINGTON, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter were among 115 original cosponsors of legislation introduced in the House of Representatives on Wednesday to protect America from those who would abuse our generosity and openness with extremism and violence.

Simpson and Otter joined House Judiciary Chairman F. James Sensenbrenner Jr. of Wisconsin in support of the "Real ID Act" - a measure to close the gaping holes in Homeland Security left open by the intelligence reform legislation that Congress passed last month.

While carefully maintaining constitutional safeguards, the bill addresses four primary security concerns related to terrorists using America's lenient immigration laws against the citizens they are meant to protect: driver's licenses, asylum laws, a border fence in San Diego, and deportation.

"Strengthening our borders and curtailing illegal immigration should be our first order of business in this session of Congress," Congressman Simpson said. "Our nation's open borders and lax immigration policies provide an inexcusable invitation to the world's terrorists to come here and ply their horrible trade. I am proud to support this legislation and am looking forward to its quick consideration in Congress."

"Mike and I opposed the intelligence reform bill because, for all its improvements, it failed to get at one of the most fundamental and important threats to the American people - those who consider us enemies using our own laws to kill us and destroy our way of life," Congressman Otter said. "The freedom that Americans enjoy, and the compassion that is a hallmark of our people, must not be misused as a gateway for terrorism. Protecting our citizens is a matter of common sense, and government's most crucial role."

The "Real ID" bill would:

Ø Establish rigorous proof of identity and
immigration status requirements for all applicants for driver's licenses and
state-issued identity cards, as well as strong security requirements for all
cards issued.

Ø Remove a requirement that regulations for driver's licenses and state-issued identity cards be set using a "negotiated rule making" procedure with "interested parties" at the table, presumably including advocates for illegal immigrants. The legislation specifically protects state authority to issue driver's licenses and determine what information must be contained on them, and how it may be used.

Ø Reform laws governing requests for asylum from foreign nationals. Among other things, it would overturn a bizarre doctrine under which the San Francisco-based 9th U.S. Circuit Court of Appeals has been granting asylum to applicants who argue that they face political persecution at home based on their own government's belief that they are terrorists.

Ø Waive all federal laws necessary to ensure timely completion of a 14-mile border fence between the United States and Mexico, inland from the Pacific Ocean in San Diego. Construction was ordered by Congress in 1996, but remains entangled in environmental lawsuits over protection of such species as the Coastal California
Gnatcatcher.

Ø Make aliens deportable for terrorism-related offenses to the same extent that current law bars their admission to the United States. For instance, the bill provides that aliens tried and convicted of providing funds or other material support to terrorist organizations are barred from future admission to the country, and may be
deported if they knew, or reasonably should have known, that they were ontributing to a terrorist organization.

IDAHOANS BRIGHTEN INAUGURAL FESTIVITIES

2005-01-26T09:49:00.000-08:00

EQUESTRIAN GROUP, COMEDIC DRILL TEAM BRING IDAHO STYLE AND HUMOR TO PARADE
By Congressman C.L. "Butch" Otter

It might just be the cowboy in me, but it seems like some of the best, most memorable times in my life have been around horses. One of those times was January 20, when a group of Idaho horses and riders helped make President Bush's second Inaugural Parade a truly unforgettable event for everyone who saw them.

The Americanas, a great equestrian team run by Mel Griffeth of Rexburg, was one of the real highlights of the parade down Pennsylvania Avenue in Washington, D.C. Watching the crowd react to those black quarter horses and their riders - including Mel, four of his daughters and nine of his grandchildren - made me proud to be an Idahoan, and to share in one of the traditions that makes our state such a great place to live.

The Americanas weren't the only Idahoans brightening the festivities. Some colorful but classy ladies from the other end of the state - the Red Hot Mamas out of Coeur d'Alene - also were a big hit. It was the second inaugural parade for the "Mamas," who were such a favorite of President Bush in 2001 that he made sure they were invited back to start his second term in style.

Mikki Stevens is founder of the Red Hot Mamas, who were all dolled up for the parade in blue sequined aprons, grocery packaging on their heads, carrying various homemaking paraphernalia and pushing red-white-and-blue shopping carts through choreographed musical numbers. What Mikki told a reporter really summed up the spirit of those who came to celebrate democracy and freedom: "If for a moment, us going by in our crazy outfits can make someone smile; it doesn't solve the world's problems, but for a fleeting moment it can bring a smile to people's faces and evidence that it's not all bad."

That's the approach to life taken by most Americans, and certainly most of us in Idaho. Problems are challenges to be met, not reasons for despair, and our lives don't revolve around what happens in Congress or the White House. We find reasons for joy in what we do and the people we love, and the less that government interferes, the more we have to celebrate about.

With all the talk about how much the various inaugural events cost, the good news about groups like the Americanas and the Red Hot Mamas got lost in the shuffle. They had no big corporate sponsors. There were no limousines or caviar for them. These were regular folks paying their own way, with help from people in their own communities, sharing their talents with the nation, and the world.

This wasn't the first rodeo for either group. They already had made names for themselves at events from the Rose Parade in Pasadena to the New Year's Day Parade in London. But the Inaugural Parade had to be something special for them. Watching them represent those of us here at home sure made it special for me.

After all, the Inaugural Parade is a uniquely American pageant, no matter what your political persuasion might be. Both the Americanas and the Red Hot Mamas are uniquely American groups, and even more uniquely Idaho.

NOW IS THE TIME TO FIX A BROKEN LAW

2005-01-14T09:10:00.000-08:00

COMMON SENSE, ECONOMIC REALITY DEMAND ENDANGERED SPECIES ACT REFORMS

By Congressman C.L. "Butch" Otter

The Endangered Species Act is broken. That no longer is debatable. There are differing views on just why it went wrong. But the fact remains that while it has been a financial windfall for some environmental organizations and far too many lawyers, it has utterly failed as public policy by every measure of achievement or perception.

For many folks here in Idaho, the Endangered Species Act is a daily part of our lives. Whether we are farmers or ranchers, loggers or mill workers, builders or homebuyers, hunters or anglers, government employees or private citizens, this is a law that hits us where we live. After all, almost two-thirds of Idaho is federal land. That leaves precious little area for growth, and a steadily increasing potential for conflicts as our population expands into more areas of previously open space.

Of course, we all know about extensive efforts to restore Idaho salmon and steelhead runs, the "reintroduction" of Canadian gray wolves to central Idaho a decade ago, and such high-profile species as whooping cranes, the woodland caribou and the grizzly bear. But many Idahoans also have become painfully familiar over the years with such lesser-known species as McFarlane's four o'clock and the Bruneau Hot Springsnail, the water howellia and the Kootenai River white sturgeon.

The ESA has become a wasteful, senseless government juggernaut that does far more harm to people than the precious little good it does for plants and animals.

However, there is good news. At no time in the 31-year history of the Endangered Species Act have we had a better opportunity to fix it, to make real and reasonable changes refocusing on the law's original intent of species recovery while factoring in the one species most affected by its misuse - human beings.

House Resources Committee Chairman Richard Pombo has an aggressive agenda in the 109th Congress for meaningful ESA reforms that seek to improve on the abysmal record of less than 1-percent recovery for the more than 1,300 species that have been listed as endangered or threatened. Just as importantly, Chairman Pombo wants to ensure that the law respects property rights and recognizes the essential role of private landowners and local conservation efforts in species recovery.

It might be an unduly optimistic assessment, but it seems we may be on the verge of common sense actually winning out in Washington, D.C., for once. The number of reform supporters joining Congressman Mike Simpson and me in the House is bigger than it was last year, and Idaho Senators Larry Craig and Mike Crapo lead a strong Senate contingent ready for long-overdue changes.

Most importantly, President Bush and his administration are showing very positive signs of understanding the magnitude of this issue in the West. The White House seems legitimately willing to listen to the folks with the most at stake in ESA decisions - local stewards of the land who care more about results than bureaucratic processes, and people who appreciate that government does not have all the answers.

Chairman Pombo put it well in assessing the need to fix the law: "It must be updated and strengthened to focus on results for species recovery or it will continue to be an unsustainable program that checks species in, but never checks them out."

Among the reform priorities that will be considered in the House:

Provide Incentives for Stewardship: Because America's endangered species reside mostly on private lands, Congress must take steps to invest landowners in their recovery and avoid the unintended consequences of today's litigation-driven process.
Establish Scientific Standards: Setting well-defined standards of peer-reviewed science for such regulatory decisions as listings or critical habitat designations will be instrumental in reducing the incidence of data error and focusing the allocation of scarce resources on the species, and habitat areas, most in need of attention.
Focus on Recovery: The law must place greater emphasis on recovery actions than on the bureaucratic listing process. It must encourage the use of innovative approaches to increase species populations, and greater collaboration with state, local and especially private recovery efforts.

Simpson and Otter Back New Effort to Permanently Repeal Death Tax

2005-01-05T15:12:00.000-08:00

Idaho Congressmen Cosponsor Another Attempt to Eliminate Unfair Policy

WASHINGTON, D.C. - After seeing previous efforts rejected by Senate Democrats for whom fairness means taxing everyone equally into poverty, Idaho Congressmen Mike Simpson and C.L. "Butch" Otter once again cosponsored legislation this week to permanently eliminate the death tax.

The House approved a similar bill, H.R. 8, on a 264-163 vote during the 108th Congress, only to see it go nowhere in the Senate. The new measure, reintroduced for the 109th Congress, is H.R. 64. It already had 60 cosponsors by Wednesday.

The new bill again seeks to lift the 2010 sunset on legislation that Congress passed during President Bush's first year in office to phase out the death tax, which carries a maximum rate of 55 percent and a unified credit exemption of only $1 million.

The Economic Growth and Tax Relief Reconciliation Act of 2001 phased out the death tax and eliminated it completely in 2010. However, the tax will be reimposed in 2011 under a Senate rule unless Congress acts to make the repeal permanent.

"By any definition, the death tax is one of our nation's most unfair taxes and an impediment to economic growth. Not only does it amount to double taxation, it discourages new investment and contradicts the values and ideals upon which our nation was founded," Congressman Simpson said. "No family should have to meet the undertaker and the IRS on the same day. I am hopeful this legislation, when passed into law, will help provide some certainty for those who have invested, or are looking to invest, in a small business, ranch or farm and want to plan for their family's future."

"Opponents of permanent repeal argue that it's a matter of fairness to impose a punitive tax on those who have earned and saved and invested over the course of a lifetime," Congressman Otter said. "The government needs the revenue, they contend. And after all, why should survivors be entitled to what their hardworking, thrifty and wise relatives managed to withhold from the government's clutches the first time around? What those naysayers want you to ignore is that this money has already been taxed. Double taxation is onerous and unfair under any circumstances, and especially when a family is grieving a loved one's loss. This bill is a piece of unfinished business that deserves to become the law of the land."