Wally Watch

Support Wally. Or else...

2007-05-26T15:34:00.001-07:00

If you didn't vote for Wally or don't like his positions, you're anti-American. At least, that how it is according to Donald Polzin. Dissent is wrong...who knew?

Wally says More War Needed

2007-03-24T09:49:00.000-07:00

Via the Chico ER.

"I firmly believe Congress must unconditionally fund our troops in Afghanistan and Iraq," Herger stated in a news release. "Regrettably, the new House leaders developed a plan mandating that our troops leave Iraq under fixed timelines -- even if our generals in charge believe such withdrawals are not in our national security interest.
"Our nation's mission in Iraq is too important to fall victim to congressional micromanagement. For this reason, I opposed this measure."

Good for Workers, Bad for Business?

2007-03-03T08:55:00.000-08:00

The Employee Free Choice Act (Wally voted no, of course, and the president has threatened to veto it) passed in the House by 50 votes. It will probably get stuck in the Senate so Bush wont have to veto it.

I am a member of CSEA, so I'm entirely biased on the subject, but I think anytime you can get conservatives to try and use the phrase "Orwellian" you're on to something.

Suicide Watch

2007-02-25T08:32:00.000-08:00

Wally is going after people who help others commit suicide through the internets. It wouldn't be fair of me to single out Wally for using the "interstate commerce" clause to get this into law because it's really one of the few tricks that Congress has and it's equally abused by everyone.

I just don't understand how this will actually help anyone. The internets aren't just in the US, the tubes cover the globe. If this law passes, the online groups simply move to a server that isn't in the US.

Does this mean that actively talking people into suicide is okay? No. It's just something that the federal government isn't going to be able to regulate. I understand that Wally wants to bring attention to this and show people that depression is a very serious illness, but there are other ways. Personally I would suggest improving health care in this country. Public funds could be used for education campaigns. Resources could be provided to colleges where first year students often go through bouts of depression.

Just because you are in Congress doesn't mean the only thing you can do is make new laws, and in this case a new class of felons.

Helping Out Northern California

2007-02-22T08:14:00.000-08:00

Wally has a point here.

“In my home state of California, close to half of the land area is owned by the federal government,” he said. “And in my district that number is considerably larger. In one of my counties nearly ninety percent of the land is under federal ownership. This large federal presence has placed the counties I represent at a severe economic disadvantage. Acreage that would normally be privately owned, and therefore generating tax revenue to help fund essential local services, is instead locked away by the federal government.”

Hollywood Liberals

2007-02-17T08:19:00.000-08:00

The relationship between D.C. and Hollywood is an odd one. Democrats are tops on the donor list as well as the list of bad "intellectual property" votes. But the GOP is certainly trying to make inroads, I mean really, why give up on such a huge chunk of potential campaign cash?

It's also striking that it's an area that would prompt Wally to criticize the White House, even in a relatively mild way, over how IP talks are going with China.

Iraq

2007-02-17T08:10:00.000-08:00

Thanks to True Majority for making this information easy to find for every rep.

Mr. HERGER. Madam Speaker, I hope we all can recognize the profound importance of our mission in Iraq. History surely will. The mission in Iraq will impact our national security for decades to come.
The United States seeks a region of stability and peace to create a more secure world for our children and grandchildren. Al Qaeda seeks a region of terror and bloodshed.
The President believes victory in Iraq is key to victory on the war on terror. Al Qaeda believes our defeat in Iraq is key to its vision of violent Islamic rule. Our security is clearly at risk.
Americans are frustrated by the current situation in Iraq. We have witnessed the removal of a historic dictator, yet our men and women in uniform remain at risk. We have witnessed historic democratic elections, yet those elected have not yet brought security. We have been told about the progress we have experienced in training Iraqi security forces, yet violence continues to rage.
With growing uneasiness, we have watched a back and forth tug of war between progress and setback, and we mourn the loss of every single brave American who has fallen during this mission.
Madam Speaker, I share this frustration and sorrow. Yet I believe we must not allow our frustrations to blind us to the need for victory over radical jihadists. This House must work together in addressing the challenges in Iraq, because the outcome will be closely linked to our own national security for years to come.
Regrettably, the resolution before us does nothing to enhance this security. It does not offer a solution to the challenges in Iraq. It does not recognize the magnitude of the failure. And it does not recognize the nature of our enemies. For these reasons I strongly oppose it.
Madam Speaker, we know terrorists friendly to bin Laden are among the enemy in Iraq. Even before the fall of Saddam's regime, the terrorist mastermind Zarqawi had sought refuge in Iraq. His network of terror grew rapidly. Bin Laden's top deputy applauded his actions and counseled him on achieving dominance in the region. Although Zarqawi himself can no longer do harm, al Qaeda in Iraq remains a threat to our security.
An American defeat in Iraq would embolden the terrorists like no event before, bolstering bin Laden's view that America is weak. Al Qaeda would enjoy more than just a morale boost; they would have a new operational base to plot attacks against Americans and train new recruits. An American defeat in Iraq would almost certainly bring forth a government that turns a blind eye towards terrorism. This, Madam Speaker, would be catastrophic to our national security.
An American defeat in Iraq would also generate unspeakable chaos in the Middle East. The dangerous regime in Iran is already seeking to capitalize on what it perceives as our weakness. Iran is well on its way to developing nuclear weapons, and its fanatical president has publicly said that he wishes to destroy America and Israel. Syria would also take advantage of a power vacuum in Iraq, further destabilizing the Middle East. What is good for hostile regimes like Iran and Syria can be devastating for America's security.
In closing, Iraq is a central front in the war on terrorism, and its future will greatly influence our future security. An American victory would foster stability in a volatile region and provide a resounding defeat for terror.
For these reasons, we must give the President's new plan in Iraq a chance to succeed. Our resolve must override our frustrations. Our support for the remarkable members of our Armed Forces must be unwavering. And our determination in fighting radical jihadists who want to kill us and our families must never run dry. Madam Speaker, that determination must never run dry

Local coverage was "brief."

HOWTO: Get the GOP to vote for your bill

2007-02-17T08:01:00.000-08:00

Put "Tax Relief" in the title. But seriously, I'm glad Wally voted for this bill. I'm no tax expert but from reading the text of the bill it seems to help out people who don't make a whole lot and rely heavily on tips. Of course it did have 72 cosponsors and passed 360-45. Still, I'm glad Wally was on the Ayes side of the vote.

Party at Wally's

2007-02-15T22:40:00.000-08:00

When: February 25th, 2007
Where: Wally's Redding Office
Who: Genocide No More — Save Darfur
Why: See Who

Does Wally Agree with Issa?

2007-02-13T22:33:00.000-08:00

They say the best defense is a good offense...

Almost immediately, Rep. Darrell Issa (R-CA) went on the offense, telling the women, “I don’t think your testimony today is particularly germane to the oversight of this committee.” He added, “One question I have is, the opening statement, who wrote it?”

Nothing like attacking the messenger. Wally, do you agree with your fellow California Representative? Should these widows just keep their mouths shut for another Friedman like Bill Kristol says? Do they hate America? Are they terrorists for speaking out? Should we send them to Gitmo? This may sound like I'm engaging in hyperbole simply for dramatic effect, but when members of Congress play games like this, I ask these questions with 100% sincerity. I (foolishly?) expect more than Fox News tactics from my representatives.

Snubbed on the Phone Call

2007-02-12T06:49:00.000-08:00

It looks like Dan didn't get a call either. That makes two of us...I'm sensing a trend. Maybe Wally is just honoring the Do No Call List?

Auction Block

2007-02-11T16:46:00.000-08:00

I'm sure this isn't new, but you'll have to forgive me while I play catch-up. The DCCC has a page collecting various votes and money trails.

New Wally Resources

2007-02-10T13:09:00.000-08:00

The Washington Post has developed a pretty cool database of what goes on in Congress. Feel free to keep tabs on Wally. You can even get slick RSS feeds of votes. I'll go ahead and add it to the sidebar for easy access.

H.R. 547

2007-02-10T12:59:00.000-08:00

Or the "Advanced Fuels Infrastructure Research and Development Act." Wally voted for this, but what is it? Well, from the summary we find that:

Advanced Fuels Infrastructure Research and Development Act - Instructs the Assistant Administrator of the Office of Research and Development of the Environmental Protection Agency (Assistant Administrator) to implement a program of research and development of materials to be added to biofuels to make them more compatible with existing infrastructure used to store and deliver petroleum-based fuels to the point of final sale.

Cites problem areas to be addressed, including microbial contamination.

Directs the Assistant Administrator to: (1) implement a research, development, demonstration program on portable, low-cost, and accurate methods and technologies for testing sulfur content in fuel, including Ultra Low Sulfur Diesel and Low Sulfur Diesel; and (2) begin demonstrations of such technologies within a year after enactment of this Act.

Directs the National Institute of Standards and Technology to develop a physical properties data base and standard reference materials for biofuels.

Authorizes appropriations to the Environmental Protection Agency to implement this Act.

Reach Out and Touch...the 2nd District?

2007-02-10T12:34:00.000-08:00

Credit due to Wally, he typically isn't afraid to communicate with his constituents. He does make his way around northern California and talks to a lot of people. There were some times when he didn't really want to hear any criticism regarding anything dealing with Iraq, but overall I think he's approachable.

Now it seems Wally is tapping in to some new fun tricks with the phone company. Basically the deal is that your phone rings and you are invited to stay on the line and be connected to a conference call led by Wally. You can get in the queue to ask questions.

What I'm really curious about, which was not address in the article, is who gets called. I'm pretty sure I wasn't on the list. Are only registered Republicans on the initial group of people being called? If so, that would certainly be less than optimal. I'll have to mark this for a follow-up call with Wally's office...or if folks in DC are still following us (yes, we spy on you through the wonders of the internets) they can feel free to answer in the comments.

Blogger Upgrade

2007-01-17T20:09:00.000-08:00

Maybe now that I've upgraded to the new Blogger I will post more here.

Wally vs Buffet

2006-06-26T20:17:00.000-07:00

Who would you side with in a debate over the Estate Tax, Wally or billionaire Warren Buffet?

But what are the numbers?

The estates of fewer than 48,000 Americans a year — 2 percent of annual deaths — pay the tax. Nearly half the total is paid by the estates of the 4,000 people who die each year leaving $5 million or more.

Oh...

Net Neutrality Defeated in the House

2006-06-09T15:29:00.000-07:00

Wally voted no. I wonder why?

Torture

2006-01-15T08:43:00.000-08:00

I can't believe that I missed Wally voting against McCain's torture amendment. That is just sad.

Spare me the diatribes about "doing whatever it takes" because that is not how it works. It's wrong and everyone knows it. It's that supporters have been able to rationalize it. That doesn't make it right.

Putting up fake arguments that you only have a choice between hug therapy and water boarding is also quite insulting, so don't. Spare me the "this is a different kind of war." How about you muster up the same outrage you had when our troops were shot down over Iraq in Desert Storm? The comparison is not between "terrorists" and our troops but treamtment of human beings in a time of conflict. The goal is not to keep the government from getting information, it's to keep it from getting bad information -- which torture generally leads to. If you have some sick vengence fettish that's your problem. This is an issue of national security and we don't need any more bad intel than we already have. Thanks Wally. Thanks a ton. Nice vote...

Genetic Labels for Food Products

2006-01-15T08:35:00.000-08:00

Wally, unsurprisingly*, is against it. Boxer thinks that if we give this information to people we export food to, we should give it to people who buy it here.

I'm not sure where I stand on this. There is so much misinformation and FUD about genetics out there right now. Genetic engineering is happening naturally everyday. Yes, I understand that this is with "natural" genes and not man-made ones. Yes, there are dangers in the choices that can be made in creating an organism with new characteristics. Yes, instead of it happening randomly it would have been created intentionally. Still...I don't know where I stand.

* - That is if you subscribe to the quaint idea that the GOP wants less government, which as we now know is a bunch of bull.

Potential Challengers

2006-01-15T08:32:00.000-08:00

The Appeal-Democrat has a story on potential challangers to Wally's 11th term.

Will the name of Tom DeLay come up during the election? I think it should...

Wallys Talks Economy

2006-01-15T08:25:00.000-08:00

Wally gave the opening address at a Tri Counties Economic thing-a-majig this past week about the economy. Of course, seeing as how Bush has been in charge for five years now, it's obviously going great.

The conference was hosted at Chico State and if I had known he was going to be there, I might have dropped by to say 'hi' or get an autograph. Maybe some industrious staffer can put me on his press release list? Or is that still a fax-only list? pberry at gmail

Wally Beyond Reason

2006-01-08T09:10:00.000-08:00

Herger defends eavesdropping program:

"'I am very alarmed with what I see might happen in the interest of people’s supposed rights,' he said. 'I don’t think a suspected terrorist has rights. As long as a terrorist is contacting someone else and they have a possibility of killing my family . . . or one of the constituents I represent or blowing them up, I want a president who will have the courage go do what he needs to do.'"

Holy. Cow. I don't even know where such logic comes from.

Wally then uses just about every talking point cooked up thus far, I guess in hoping that a shotgun approach will work. Democrats voted for military action, ergo they voted for the NSA spy program. Also the people who leaked the story about the program need to be prosecuted even though he didn't answer Atrios' question:

Can anyone - anywhere - explain, just a little bit - just one time - how "national security has been damaged" by revelations that the Administration was eavesdropping without FISA-required warrants and judicial oversight rather than with them?

It's hard to believe Wally is a conservative Republican. I think he is just being loyal to the party and not his principles because this is not the GOP I remember hearing about. When a representative in Congress thinks that he gets to decide who does and doesn't have rights under the Constitution we have a serious problem. Who does he think he is? The president?

Op-ed: Who is "us"?

2005-12-29T13:54:00.000-08:00

I'm sure Lynn Elliot is wondering why the "economy boosting" tax cuts Wally voted for wouldn't help pay for the social programs he helped cut. But I'm sure most people know how wasteful programs like "nursing homes, spending on home care for those on Medicaid, and decrease food stamps" really are. Oh...and student loan programs too. Talk about your budget fat!

Budget Woes

2005-12-26T09:29:00.000-08:00

Wally and Senator Feinstein are working together to help out some of the northern counties here in California.

Budgets could lose funds: "School officials like French and road maintenance workers are watching nervously to see if President Bush and federal lawmakers reinstate a bill that provides funding to road maintenance and schools in many rural counties in California, Oregon and Washington. The funds compensate for lost logging revenue after large portions of old-growth forests were closed to timber harvest when the Northern Spotted Owl was listed as a federally protected species in 1990."

To Wally and Staff

2005-12-24T08:19:00.000-08:00

Have a Merry Christmas and a happy New Year. I'll see you on the flip side.

Appropriations?

2005-12-16T07:57:00.000-08:00

I remember that one of the criticisms that Wally ran into in the last election was that he wasn't effective in getting Federal money for his district. California's 2nd District has levees, roads, schools, bridges, and all the other things that taxes pay for. It's not like we're asking for a bridge to nowhere. The Oroville Mercury-Register Online ran a story about how Doolittle (R CA-4) got $450,000 for projects in Oroville. I'm not sure if the last graph was a dig at Wally or what.

It couldn't be determined Wednesday whether Rep. Wally Herger, R-Chico, had inserted money for local projects in the appropriations bill.

I don't know about you, but that sounds like something a staffer in Wally's office might know...I'm just sayin'.

Anchor Babies

2005-12-10T15:39:00.000-08:00

Immigration is a nice distraction from Iraq. Almost every place in the country you can look around and see people not speaking English. It's almost un-American...as long as you don't count the whole "give us your tired, your poor, etc., etc." nonsense.

From the SacBee we learn that Wally is backing a bill that would deny citizenship to babies born in the US if their parents are not here legally. Apparently the fact that this would violate the 14th Amendment is not lost on our duly elected representatives in Washington.

"We do have an ongoing problem with these 'anchor' babies," (Devin) Nunes said, "but we also have a tough time with changing the law."

It's not just "the law," it's the Constitution. I'm sure the irony that this country was founded by immigrants is, in fact, lost on our representatives in Washington. Maybe they should just propose a bill that would place all financial burden of the illegal parents on the "anchor baby." It could work just like the national debt.

To be honest I'm a bit surprised that Wally is backing this bill since he is a "friend" of the farmer here in the north state. Cheap manual labor around here is traditionally done by immigrant workers. I'm not saying that the immigrant worker population is here illegally, I'm just saying I doubt many people are keeping up with the checking of paperwork. You gotta keep those prices down you know.

Update: The LA Times picks up on the story as well. No mention of Wally though.

Paradise Lost

2005-12-07T18:56:00.000-08:00

A horrible pun, I apologize. But it seems Jamie O'Neil from Paradise is none too happy with Wally's latest mailer to us, his constituents. Well, you can't make everyone happy.

Welfare Reform

2005-12-07T18:47:00.000-08:00

No...not for corporations, for poor people! Or, as the Wall Street Journal likes to call them, "Lucky Duckies."

Too bad that while welfare is on the chopping block (and yes, making sure fewer people can be on welfare is chopping it) that wages are going down.

Oh well, the stock market is back to around where it was when Bush started his term. Yay for fiscal responsibility!

Wally Strikes Back at Bee

2005-12-07T18:43:00.000-08:00

Wally, along with Doolittle and Pombo, take issue with a SacBee editorial (which I failed to link to previously).

Other Sites

2005-12-07T18:39:00.000-08:00

Definately check out Take Back Red California.

While I'm Out

2005-10-26T14:09:00.000-07:00

You should not miss out on NorCal Progressive.

Action Alert: Rebuild

2005-09-26T11:59:00.000-07:00

Move On is running a campaign to get some sanity in the rebuilding process.

Here is the extra text that I added:

I understand that in the theoretical world of supply side economics tax cuts and the free market will solve all problems. We do not live in a theoretical world though and it would be irresponsible for us to ignore the impact that the ballooning deficit will have on the economy if we simply leave the tax cuts in place and impose this massive debt on the next 10 generations.

Taxes are not punishment. a progressive tax system does require that people who can pay more do so. But the taxes we pay are our dues for citizenship.

We cannot afford this continued phase of 'Reaganomics' on steroids.

2005 Town Hall Meeting Schedule

2005-08-13T09:01:00.000-07:00

From Wally's Reports From Washington newsletter.

I will be holding a series of town hall meetings throughout our Congressional District. Town hall meetings are an excellent opportunity to influence what happens in Congress. I hope you and your neighbors will come and participate by asking questions, offering comments, and helping me to represent you better.

Tuesday, August 23

Marysville
9:00 am - Yuba County One Stop
1114 Yuba Street

Gridley
1:00 pm - Gridley City Council Chambers
685 Kentucky Street

Wednesday, August 24

Yreka
9:00 am - City Council Chambers
701 Fourth Street

Weaverville
3:00 pm - Trinity County Library
211 North Main Street

Thursday, August 25

Willows
9:00 am - City Council Chambers
201 north Lassen Street

Colusa
1:00 pm - City Council Chambers
425 Webster Street

Woodland
5:00 pm - Public Library Office
250 First Street

Friday, August 26

Red Bluff
11:00 am - City Council Chambers
555 Washington Street

Anderson
3:00 pm - City Council Chambers
1887 Howard Street

H.R. 550

2005-08-07T09:24:00.000-07:00

Be sure to talk to your rep about H.R. 550. ~~Wally will be in Chico August 16th. I'm not sure where, I will post updates when I find out.~~

Regarding Rove

2005-07-12T22:54:00.000-07:00

Typically my letters to Wally are canned Action Alerts. This is the most basic, straight forward way I can think to ask him about Karl Rove.

To The Honorable Wally Herger

This message is about Karl Rove.

Can we agree that what he did, which is currently no longer in dispute, was wrong?

The Op-eds Keep Coming

2005-07-12T21:19:00.000-07:00

At Wally's Social Security "Town Hall Mettings" should the audience have been more polite? Yes. Should Wally try to survive on talking points alone? Nope.

Wally Votes to Cut Public Radio Funds

2005-06-27T20:24:00.000-07:00

Shocked! Shocked, I say!

In an e-mail statement sent Friday to the Enterprise-Record, Herger wrote that public broadcasting is a popular program, but Congress needs to make many discretionary program cuts reduce the budget deficit - projected to be $487 billion next year - while funding priorities such as the war on terror.

"While these spending decisions are difficult and, in some cases, may not be popular, these uniquely challenging times require that we tighten our belts as Americans and make some difficult choices " Herger wrote.

So let me sum that up for you: tax cuts for the top 1% are more important than the "war on terror" and they should also be exempt from any belt tightening. The other 99% of us can just suck it up and love America. Thanks, Wally.

Does Wally Stand with Rove?

2005-06-25T09:11:00.000-07:00

Sent via e-mail.

Recently Karl Rove speaking to a conservative audience said that "liberals" wanted to give the terrorists therapy, file indictments and that I basically want to see US troops die. Recently Tom DeLay stood up and said that it wasn't slander, it was the truth. Karl Rove and Tom DeLay have basically called me a traitor to my country and a coward.

I have three questions that I'm asking you to address.

Do you stand behind Karl Rove's words? (The full text of his remarks can be found online -- I have not seem them posted on the White House website yet)

Do you believe that because people consider me a "liberal" that I am a traitor to my country?

Do you believe that I want to see US troops die because I am considered a "liberal?"

Thank you for your time in this matter,

Patrick Berry

Wally Respons on H.R. 683

2005-06-17T16:55:00.000-07:00

Apparently I never posted my Action Alert message on H.R. 683. But never fear, here is Wally's response.

Dear Patrick:

Thank you for contacting me to express your concerns about H.R. 683, the Trademark Dilution Revision. Act. I appreciate hearing from you on this matter.

As you may know, Representative Lamar Smith of Texas introduced H.R. 683 on February 9,2005. This legislation aims to clarify the intent of Congress in an earlier law, the Trademark Act of 1946, with respect to "dilution" of trademarks. Dilution is defined as the lessening of a trademark's capacity to identify and distinguish goods and services. The likelihood of confusion, mistake, or deception on the consumer's part is not considered to be necessary for a dilution to occur. However, in the 2003 case of Mosely v. V Secret Catalogue, Inc., the Supreme Court held that the 1946 law required a trademark owner to prove "actual harm," even for a charge of dilution. H.R. 683 clarifies that a judge may consider other relevant factors in determining whether dilution has occurred.

The House of Representatives passed H.R. 683 by a 411-8 vote on April 19, 2005. I supported this bill because I believe it refines existing trademark law and strikes a more reasonable balance between the interests of trademark owners and other parties. As a strong supporter of private property rights, I believe it is important to ensure that the law adequately protects trademark ownership.

While I understand your concern that the dilution provisions of H.R. 683 could create an unfair advantage for established companies, the bill also aims to reduce trademark dilution lawsuits by narrowing the definition of "trademark" and listing specific factors required to prove: dilution. Additionally, the sponsors of the Trademark Dilution Revision Act recognized the importance of free expression by explicitly exempting fair use of a trademark for "purposes of. identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods and .services of the famous mark owner."

Following its approval by the House, H.R. 683 now moves to the Senate for further consideration. If you have not already done so, you may wish to contact either or both of your U.S. senators, Dianne Feinstein and Barbara Boxer, so that they may have the benefit of hearing your views.

Again, thank you for your correspondence. As always, please don't hesitate to contact me in the future regarding this or any other federal issue important to you.

Sincerely,
Wally Herger
Member of Congress

Wally Responds on H.R. 550

2005-06-10T15:17:00.000-07:00

Back in March I took action to let Wally know about a good E-Voting bill. Here is his response.

Dear Patrick:

Thank you for contacting me regarding H.R. 550, the "Voter Confidence and Increased Accessibility Act of 2005." I appreciate your thoughts on this subject.

As you may know, Representative Rush Holt introduced H.R. 550 on February 2,2005. Specifically, the bill seeks to amend the Help America Vote Act of 2002 to provide for an extension of time for States to request payments for activities to improve administration of elections and for replacement of punch card or lever voting machines. The bill would also repeal the exemption of the Election Assistance Commission from certain Government contracting requirements (thus requiring the Commission to advertise for proposals for purchases and contracts for supplies or services), and revise audit capacity requirements to require the voting system to produce a voter-verified paper record suitable for a manual audit equivalent or superior to that of a paper ballot box system. Following its introduction, this measure was referred to the Committee on House Administration for further consideration.

While I do not serve on the committee of jurisdiction over this issue, please be assured I will continue to monitor its progress. Should it come to the floor of the House, I will keep your views on this matter uppermost in mind.

Again, thank you for sharing your thoughts with me. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

Mail Call

2005-06-04T18:33:00.000-07:00

Some mail bags fell from a USPS truck in Yreka. It's all been recovered and the USPS assured Wally everything was under control. It's good to know that Wally is concerned with identity theft. I wonder how he syncs that up with a Nation ID card?

More on AIDS Trials for Foster Children

2005-06-03T07:34:00.000-07:00

I'm still trying very hard not to be cynical about Wally's stance on this. myDNA has a new more details on the situation.

The research was federally funded by the National Institute of Health and offered a means for foster children from Texas, Illinois, North Carolina, Colorado, Louisiana, Maryland, and New York to seek a possible cure or treatment for their disease.

It is alleged that the researchers did not adhere to the guidelines of the "Protection of Human Subjects," which states that any investigator using human test subjects must aquire legally effective informed consent from the subject, the parents, or a legal guardian. Since these foster children were not of legal age to consent and lacked a parent or legal guardian to offer such consent, researchers promised the NIH to involve medical advocates in their clinical trials, but failed to hold true to their word.

Initially I was worried that this was about restricting HIV tests, but that is clearly not the case.

Wally Backs Stem Cell Research

2005-05-25T18:33:00.000-07:00

Wally made the last paragraph of a LA Times article on House Republicans going against the president on legislation to break free some more federal funding for research.

I'm glad Wally didn't take the same tone as House Majority Leader Tom DeLay who said that, "If we afford the little embryo any shred of respect and dignity we cannot in good faith use taxpayer dollars to destroy them.'' He added, "That is the essence of the experiment: Kill some in the hopes of saving others." If Wally had done that he would have looked like a huge hypocrite because that last sentence is "The War on Terror."

Credit on Cuba

2005-05-19T20:06:00.000-07:00

David Paul Brown, of The Paradise Post, gives Wally some love over his stance on travel to Cuba.

This has long been overdue. We've diplomatically dealt with, traded with and cozied up to, not only other communist countries, but also other unsavory figures like Castro for decades if we deemed it in our interests. We need to be able to visit Cuba, traveling legally from our shores vs. having to go there via Mexico or wherever. Cuban-American migrs need to be able to be able to visit loved ones in Cuba.

While most democracies and allies of ours have engaged in commerce, travel and cultural exchanges with Cuba for years, we've been too often been influenced by the anti-Castro Cuban vote, especially in Miami. I think a little good will could go along way in changing Cuba for the better and as the strongest nation an earth, what are we afraid of?

Saving the Land from the People

2005-05-18T22:29:00.000-07:00

Many summers ago I worked for the Nature Conservancy. They work to "preserve the plants, animals and natural communities that represent the diversity of life on Earth by protecting the lands and waters they need to survive." That sounds pretty good, right?

One of the ways they get people to help is to donate land. In exchange for helping to save diversity of life on Earth you get a nice tax break. Well it seems that some people don't like this system. Yup, you guessed it. Wally thinks the system is "rife with abuse." I wish the story had more about what Wally was saying because I thought all Republicans liked tax breaks. Maybe I'll send a him a request for clarification.

Wally Continues to Protect Foster Children

2005-05-18T22:21:00.000-07:00

One of the areas that I don't cover enough is Wally's stance on foster children. It's good. He's been banging on the drum about these poor kids being enrolled in clinical drug trials for HIV. Yes, many times these trials were life saving treatments -- and you could look at this in a cynical way, saying that Herger just wants to spend less money on saving foster children that have HIV. I just don't think Wally has that in him. I honestly think he is trying to look out for these kids.

I'll try and keep an eye on this subject and see where he takes it though, just to be on the safe side.

Wally's 2005 Legislation

2005-05-18T13:24:00.000-07:00

A Thomas link to Wally's 2005 legistration has been added in the Quick Access Wally sidebar. This is only legislation that he sponsored and does not count bills that he has cosponsored.

To Havana!

2005-05-17T15:44:00.000-07:00

From the Editorial Board at the Paradise Post we learn that Wally is cosponsoring (along with 57 other Congress critters!) a bill (H.R.1814) which basically tells Bush to ram his Cuba travel policy. It's a remarkably short and easy to read bill. I'm not really sure if this is some kind of delayed April Fool's Day joke or what.

Action Alert: Pentagon Requests Environmental Waivers

2005-05-16T13:29:00.000-07:00

I visit the NRDC's Earth Action Center and send a letter:

I urge you to vote to reject the Department of Defense's request for exemptions from public health and environmental laws. Specifically, please do not exempt the Pentagon from the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the Resource Conservation and Recovery Act (RCRA) during consideration of the Defense Authorization bill.

The president already has the authority to waive these laws for national security reasons. But the Defense Department has yet to request any waiver, and has made no case to Congress for blanket waivers that could endanger public health. In the end, our military families who live in and around bases would suffer the most. Local communities also would be adversely affected as they are left to foot the bill for cleanup or deal with permanent blight.

Again, I urge you to protect America's military families and other communities and uphold our environmental laws. Please vote "No" on language that would exempt the Pentagon from these important public health statues.

I predict a response along the lines of, "we are at war, we must do what ever it takes, blah blah blah."

A Personal Moment

2005-05-11T10:11:00.000-07:00

The Hill looks at the age of the "people in charge" and we find that Wally met his wife in D.C. Just a little factoid for your day.

More Rudeness

2005-05-08T16:09:00.000-07:00

John Busch also writes a letter to the editor of the Chico Enterprise Record about rudeness at Wally's Social Security Town Hall meetings. I've had my say on rudeness. Perhaps if President Bush wasn't carefully vetting his audience and his minions allowed people with different opinions in to his town hall meetings he would also be met with people who want to let him know that they don't agree with him.

But John was also bothered by how "private" and "privitization" were being cast as negatives in the debate by some people. Simply put the government is good at absorbing risk and Social Security is a big insurance program designed at absorbing the risk of retiring into poverty. In terms of this debate "privitization" means taking the risk on as your own. There is also the idea that Bush is intent on phasing out Social Security instead of fixing it. That could be where some of the rudeness is coming from.

I'll let Josh Marshall do the talking.

It's easy to get lost in verbiage about defined this and defined that and mazes of actuarial figures. The key, though, is the difference between an unsecured system and a secured one. That's why it's called Social Security and why phase-out is really the only candid way to describe what the president wants.

Is Wally Helping Farmers?

2005-05-07T14:43:00.000-07:00

Devvy Kid doesn't think that Wally is standing up for family farmers.

For someone who allegedly was fighting for the rights of these attendees, apparently Herger forgot to mention something called the Agricultural Adjustment Act of 1938 and the privately owned Federal Reserve and how these two mechanisms have gone hand in hand in destroying tens of thousands of family owned farms.

Ouch. Sounds like one of those Big 'C' conservatives isn't happy with Wally or the Rubber Stamp Congress in general.

Credit Where Credit Is Due

2005-05-06T18:35:00.000-07:00

Wally can't always be in the district, mingling with the common folks. So this post goes out to Dave Meurer, who has been all over the north state representing Wally. I'm sure I've missed lots of your appearances Dave. I'm sorry and I hope this goes a tiny bit towards repaying that debt.

How Rude

2005-05-01T12:46:00.000-07:00

Leon P. Randall, of Chico, worries about rudeness towards Wally in his letter to the editor of the Chico Enterprise Record.

While I agree that discourse between our representatives should be polite and respectful, it doesn't mean that it can't be honest. If people feel that Wally is not telling them the truth about a topic, like Social Security, it is not rude to say so.

This isn't to say that he hasn't been treated rudely on occasion, as I'm sure he has. But rudeness on the part of some is no reason for the rest of us to feel that we shouldn't speak our minds to our elected officials.

The Company You Keep

2005-05-01T12:38:00.000-07:00

Patrick Oliveria, of Paradise, sends a letter to the editor of the Chico Enterprise Record that says Wally may be a little to into cronyism. The DeLay Fiasco continues to be an anchor around the neck of the GOP.

Wally Responds: Ethics Committee

2005-05-01T08:49:00.000-07:00

I have to admit that I don't recall what exact message this is in response to. But it's about Tom DeLay. Most of the letter is juiceless. But towards to end, there is a good part.

Thank you for contacting me to express your concerns with the current impasse at the House Committee on Standards of Conduct, also commonly known as the House Ethics Committee. I appreciate hearing from you on this issue.

I agree with you about the importance of a credible ethics process. Congress needs to be steadfast in its commitment to high ethical standards and a functioning ethics process, which help uphold the credibility of this institution. The public's confidence in Congress and their elected representatives depends upon it. As such, I, too, regret the impasse that has delayed the formal organization of the House Ethics Committee in the 109th Congress, and am hopeful that those Members who have objected to the Committee's formation wi11lift those objections soon and allow us to move forward in a bipartisan manner.

The objections have focused primarily on several changes to the current ethics process adopted by the full House of Representatives as part of the larger organizational rules package that was approved in January. Each year at the beginning of a new Congress (in this case, the 109th, which began in January), the House adopts a set of rules to govern legislative and other activities throughout the duration of that particular Congress. Specifically, several changes were adopted in response to concerns raised by some Members that the ethics process, as it was then structured and had been operating, was too easily abused for political purposes. Other Members of Congress believed certain other changes were necessary to ensure proper due process is afforded to all individuals brought before the committee to answer for alleged ethics violations.

I agreed with the proposed changes and supported them during their consideration and adoption in January. On balance, I believe they represent minor changes that will go a long way toward insulating the process from political influence and providing Members additional due process protections, while still firmly adhering to the spirit and intent of our ethics regime.

As for the specific allegations directed against Majority Leader DeLay, I believe they are an unfortunate example of how these issues and the ethics process itself can be manipulated for political purposes. I have not seen anything to indicate that Majority Leader DeLay has violated any ethics rules or otherwise acted improperly or against the best interests of the people he represents. Indeed, Mr. DeLay has indicated his willingness to go before the committee and explain his actions.

Again, thank you for contacting me to express your views. Please don't hesitate to do so again on this or any other federal matter of importance to you.

Sincerely,
Wally Herger
Member of Congress

He probably could have saved a sheet of paper and just said that IOKIYAR (It's Okay If You're A Republican).

Rubber Stamp Wally?

2005-04-30T12:38:00.000-07:00

Jack Jamison, writing in the Paradise Post, fears that Wally is helping turn Congress into a giant Yes machine for President Bush. He goes on and on about responsible government. I'm not sure what that is though.

EFF Action Alert: Best E-voting Bill Reintroduced

2005-03-24T13:49:00.000-08:00

Now, we all know that Wally isn't on any committee or sub-committee that deals with elections in anyway, and I expect my response to indicate just that. But we have to try.

Mar 24, 2005

Representative Wally Herger
United States House of Representatives
2268 Rayburn House Office Building
Washington, DC 20515

Dear Representative Herger,

I am a constituent who cares deeply about election integrity, and I am writing to voice my support for the Voter Confidence and Increased Accessibility Act (HB 550). HB 550 contains several important election reforms, including the requirement that all electronic voting machines have a paper audit trail. I believe that a paper trail is necessary for voter confidence in machines that cannot otherwise be properly audited.

In addition to the voter-verifiable paper audit trail, HB 550 requires voting machine vendors to make all of their computer code available for public inspection and requires random audits. These practices would increase transparency in our voting systems, encourage robust testing, and promote voter confidence.

These improvements can only improve the quality of our elections. If you have not already done so, I urge you to become a cosponsor of HB 550.

Sincerely,
Mr. Patrick Berry

Take action!

Wally Confirms Support for DeLay Rule

2004-12-09T17:48:00.000-08:00

Got my response today. He skirts around most of the original questions, but at least he comes clean and tells me he how he voted. Mental note, only ask one question per letter.

Thank you for contacting me with your opinions regarding a recent administrative rule change in the U.S. House of Representatives Republican caucus.

As you may know, previously, internal House Republican caucus rules required that any party leader or committee chairman indicted for an alleged felony had to step aside until the case was resolved. Unfortunately, this rule opens up leaders to politically motivated and not-fact-based criminal investigations. For this reason, the caucus voted to change the rule, leaving it up to the caucus to decide if an indicted leader should step down. In addition, the new rule will require removal of a member of the leadership, a committee chairman or a subcommittee chairman upon conviction of a felony offense.

During the vote, which was taken by voice vote, I supported the rule change because I believe that the party should be responsible for selecting its leadership - and deciding when they should step aside - not a local prosecutor who has previously brought charges against Republican candidates only to drop after an election. Texas Senator Kay Bailey Hutchison was targeted in this manner prior to winning her special-election Senate bid in 1993.

Again, thank you for contacting me on this issue. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

Sincerely, Wally Herger

(Backlog) Wally Responds Re; Tom DeLay Ethics Investigation

2004-11-28T15:34:00.000-08:00

Sent Oct 25, 2004

Dear Patrick:

Thank you for contacting me regarding allegations of ethics violations filed by outgoing Representative Christopher Bell (D- TX) against House Majority Leader Tom DeLay (R-TX). As you may know, on October 6, 2004, the House Committee on Standards of Official Conduct concluded its investigation into the allegations brought forward by Rep. Bell. I have included the rulings segment of the Committee's joint statement concerning this matter below:

"Today the Committee on Standards of Official Conduct, by unanimous votes, adopted each of tlie recommendations made by Chairman Joel Hefley and Ranking Minority Member Alan B. Mollohan for disposition of the three counts of the complaint that was filed against Representative Tom DeLay on June 15, 2004. Those recommendations are detailed in a 44-page memorandum from the Chairman and Ranking Minority Member to the other Committee members. The memorandum was accompanied by approximately 100 pages of attachments consisting of documents that they obtained in their fact-gathering activities under Committee Rule 16(c)."

The memorandum with attachments and the letter of admonition are available on the Committee Web site, http://www.house.gov/ethics. In addition, Majority Leader Delay issued a response to the Committee's ruling. Its text is included below:

"The Ethics Committee has done the right thing in dismissing Mr. Bell's embellished allegations with bipartisan unanimity. While the allegations were dismissed, I accept the Committee's guidance. Mr. Bell displayed contempt for Congress by manipulating the ethics process in pursuit of his personal vendetta, and today's dismissal says more about Mr. Bell's conduct than it does about anything else. "

"The Committee was forced to complete its work in a highly divisive atmosphere fostered by politically motivated individuals and entities who have attempted to tamper with and influence the congressional ethics process for partisan gain. For years, Democrats have hurled relentless personal attacks at me, hoping to tie my hands and smear my name. All have fallen short, not because of insufficient venom, but because of insufficient merit. Mr. Bell's allegations, coordinated with one of these groups, intentionally misstated law and facts and violated the spirit and letter of House Ethics Rules. Although I believe this filing should have been thrown out immediately, I have spent the last four months cooperating with the Committee fact-finding. To expedite this matter, I even offered to waive my rights to bring this matter to closure. I'm glad this matter has been brought to its conclusion. I would invite my political opponents to engage the battle of ideas instead of misusing the congressional ethics process or abusing the legal system in a misguided attempt to settle scores. I'll continue to work hard to advance the cause of Republican governance, which I believe is critical to America's security, prosperity, and families."

Again, thank you for contacting me on this important issue. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

Sincerely,
Wally Herger
Member of Congress

The DeLay Rule

2004-11-20T11:03:00.000-08:00

It's been a while since my last post. I have some pretty stock replies from Congressman Herger I need to scan. But the news right now is who supported the DeLay Rule. I called the Chico and DC office, only to get no answer from Herger's staff. He is listed as being willing to give written answers to constituents. So here it goes.

Let me first say that even though we rarely agree on policy, I respect your public service. You represent me in the House, and I think you should know what I think about certain topics. Congressman DeLay is one of those topics. The rules that were just over-turned to allow Congressman DeLay to stay in power even if he is indicted were put in place during the Clinton administration to take out Democratic leadership. Which, is fine really. If there is corruption in Washington, by all means it should be stamped out.

But to have one set of rules when the Democrats are in power and another set of rules when the GOP is in power is just not right. I would also like to state the three admonishments from the Ethics Committee do not constitute being cleared of the charges.

Which is why I must ask you if you supported the "DeLay Rule." I called both your Chico office and your DC office and your staff did not know your position. I understand that this was a voice vote, but you were acting as my representative when you made that vote. I deserve to know in the name of accountable government.

If you did support it, did you support the original rule to remove people from power when they were indicted? If you did, could you please explain to me how this is not gross hypocrisy, an attempt to seal the GOP in power and move towards a one party system?

I can't wait to hear back...

Tell Your Rep to Give Back the Dirty $ & Dump Delay!

2004-10-20T10:41:00.000-07:00

Campaign for America's Future is asking Republican reps to send Tom DeLay's PAC money back and call for his resignation.

Here is my letter, which has some slight edits from the template.

I'm disturbed by Rep. Tom DeLay's repeated ethics violations and am worried that you have taken $1,105 from his political action committee. While it is a trivial amount in the grand scheme of political fundraising, it is nonetheless an implied connection between you and the PAC.

I strongly believe -- as I know you do -- in ethical government. But Rep. DeLay has helped create one of the most corrupt Congresses ever. Public accountability of government is one of the cornerstones or modern conservatism.

As you know, the House Ethics Committee recently admonished DeLay with two ethics violations, adding to two others he'd already received. And, just last month in Texas, three of DeLay's associates were indicted for using his political action committee for illegal purposes in state political races.

All of these actions, added together with DeLay's corrupt tactics in the Congress, dirty the image of the Republican party specifically and the political process in general. Yet, your party is rallying to his defense.

I ask you to send the money you've received from Tom DeLay's PAC back to him. And I ask you to call for his resignation as House majority leader.

We often disagree on policy but I'm hopeful that we can agree that DeLay's actions are unacceptable. We all must be willing to acknowledge that corruption is something that is not inherent to any one party and that it must be fought where ever it rears it's ugly head.

Thank you.

Wally Responds: Don't Fund the War on Filesharing

2004-08-28T17:22:00.000-07:00

I just got my own scanner, so this is very late. Wally responded to this Action Alert on June 30, 2004.

Dear Patrick:

Thank you for contacting me regarding your opposition to H.R. 4077, the "Piracy Deterrence and Education Act of 2004." I appreciate your thoughts on this matter.

As you may know, H.R. 4077 was introduced by Representative Lamar Smith (R- TX) on March 31,2004. Specifically, the bill seeks to enhance criminal enforcement of the copyright laws, to educate the public about the application of copyright law to the Internet. There is, as you are aware, fairly widespread opposition to this proposal across the recording industry, which is currently seeking better mechanisms to enforce its copyright privileges. Thi& legislation would undermine these efforts.

Following introduction, H.R. 4077 was referred to the House Judiciary Committee, and the Subcommittee on Courts, the Internet, and Intellectual Property for further consideration. On March 31, 2004, a mark up session was held, and the bill was amended by voice vote.

While I do not serve on the committee of jurisdiction over this measure, please be assured I will continue to monitor this issue. Should it come to a vote in the House of Representatives, I will keep your views uppermost in mind.

Again, thank you for contacting me on this important issue. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

EFF Action Alert: Call for PATRIOT Review, Not Expansion

2004-07-15T18:25:00.000-07:00

Send you own Action Alert!

Mine is slightly edited from the default one that is provided by EFF.

I am writing to urge you to oppose the Anti-Terrorism Intelligence Tools Improvement Act (H.R. 3179). This bill would expand the USA PATRIOT Act with serious implications for privacy and civil liberties. I believe that any consideration of an expansion to PATRIOT should be postponed until there has been a thorough, public review of how the law has been used to date.

The brochure that the Department of Justice has published has none of this information, and in some cases contradicts testimony given by Mr Ashcroft himself before the 9-11 Commission.

H.R. 3179 would strengthen the enforcement provisions for National Security Letters (NSLs), which allow the FBI secretly to obtain an individual's private records even if he or she is not suspected of a crime. This secret power to obtain phone, Internet, and financial records was already expanded by PATRIOT, and Congress should evaluate the impact of this change before granting additional powers.

People like to say that 9-11 changed everything. One thing it didn't change is that people in this country are innocent until proven guilty. There are already legal procedures in place for obtaining information about people that are innocent but suspected of being guilty. If the FBI is simply too lazy to gather enough information for a court order, is the information really that vital?

Further, H.R. 3179 would amend the Foreign Intelligence Surveillance Act (FISA) to authorize surveillance of individuals who are not affiliated with any foreign government or terrorist group. FISA was meant to address espionage by foreign powers, and its application to unaffiliated individuals would likely violate the Fourth Amendment.

Did 9-11 change our constitution as well?

Public criticism of the PATRIOT Act has been growing steadily. PATRIOT reform bills are being considered by Congress, and a number of provisions are scheduled to expire next year. This political season is not the time to allow an end-run around the deliberative process. Please oppose H.R. 3179, and support a thorough congressional review of PATRIOT's uses to date. Thank you for your time.

EFF Action Alert: Don't Fund the War on File Sharing

2004-06-29T07:08:00.000-07:00

You can take action to!

I am writing to express my opposition to the Piracy Deterrence and Education Act of 2004 (PDEA, HR 4077). HR 4077 would divert taxpayer dollars and direct federal law enforcement agencies to fight the entertainment industry's misguided war on file sharing. It would also create the first criminal copyright penalties for people who aren't engaged in willful criminal conduct. Under the law's murky "negligence" standard, a person with 1,000 legally obtained songs could be sent to jail for three years if she fails to lock them up tight enough. I believe that these measures are an egregious misuse of federal resources, and I hope you will oppose this bill.

Copyright holders already have an extraordinary array of legal tools at their disposal for fighting infringement. Copyright law that expands liability to innocents is not the answer to the conflict over P2P.

Instead of criminalizing the activity of 60 million American filesharers, we should be looking for positive solutions that compensate artists. For example, a collective licensing regime could legalize file sharing while generating revenue for artists. Here are several examples of such a plan, two of which can be found in the New York Times:

EFF: A Better Way Forward

NYT Op-Ed: Share the Music By Kembrew Mcleod

NYT Op-Ed: Don't Beat Them, Join Them By William Fisher

I am also opposed to HR 4077's proposed "education" program. If government is to educate the public about copyright, the curriculum must be balanced. The public has a broad range of rights to use copyrighted material, and omitting them is misleading and counterproductive.

As a constituent and a taxpayer, I hope you will agree that HR 4077 is an inappropriate use of government resources. Please oppose HR 4077 and instead look for a better way forward. Thank you for your time.

Three Cheers for Government Regulation

2004-06-22T13:43:00.000-07:00

Congressman Herger recently voted aye for an increase in fines to "curb indecency over the airwaves." Behold H.R. 3717 (aka the Broadcast Decency Enforcement Act of 2004)! The Senate version raises the fine by a factor of ten (from $27,500 to $275,000). But the House would not be outdone and went straight to the nice round number of $500,000. Both passed and will be worked out in conference.

But of course a bump to the Federal Minimum Wage would hurt business...

Wally on Reagan's Passing

2004-06-08T18:53:00.000-07:00

Wally had some kind words for former President Reagan.

"President Reagan's passing is a merciful thing for his family and all of his loved ones," said Congressman Wally Herger. "President Reagan will be remembered as the man most responsible for bringing down the Berlin Wall and the fall of communism. He will go down in history as one of our nation's greatest and most loved leaders."

Herger said that President Reagan was one of the main reasons he ran for public office. "He was a role model for me when I was first elected."

"Ronald Reagan brought hope and a positive attitude to Americans at a time when our nation most needed it during the late 1970s and 1980s," Herger said. He always believed in the American dream."

How Reagan receives credit for the demise of Soviet Communism is wrapped around his deep faith and belief in prayer and the power of God.

Wally Responds: The Patriot Act

2004-06-08T17:23:00.000-07:00

Last month I asked Wally in an e-mail if he had voted for the Patriot Act. There is no record of who voted for it since it was a voice vote. It must have been too important to take down who actually voted for it. Well, today came the very heavy response.

Turning now to the USA PATRIOT Act. Thank you, also, for contacting me on this important piece of legislation. Enclosed please find several reports prepared by the non-partisan Congressional Research Service detailing this very important legislation. I hope that you find the information useful.

Enclosed were the following:

Terrorism: Section by Section Analysis of the USA PATRIOT Act (PDF), CRS Report for Congress RL31200, updated December 10, 2001.
The USA PATRIOT Act: A Legal Analysis (PDF), CRS Report for Congress RL31377, April 15, 2002.
USA Patriot Act Sunset: Provisions That Expire December 31, 2005 (PDF), CRS Report for Congress RL32186, January 2, 2004.
CRS Analysis: Libraries & the PATRIOT Act (PDF File)

While I'm sure this will be great reading, it doesn't really answer my question. I guess I will have to call his office.

They Work For You

2004-06-06T21:22:00.000-07:00

It's like Wally Watch, only bigger, better and applies to every MP in the British House of Commons. They Work For You. It couldn't have been named better.

Wally Responds: DMCA Reform

2004-06-03T20:33:00.000-07:00

DMCA is clearly not an issue that Wally cares or knows a lot about. To be fair, copyright wonking isn't for everyone.

May 26, 2004

Dear Patrick:

Thank you for contacting me regarding legislation to reform the 1998 Digital Millennium Copyrights Act. I appreciate your thoughts on this matter.

As you may know, Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital copyright infringement and educating the public about the rights of copyright holders.

Representatives Rick Boucher and Zoe Lofgren have introduced legislation in the 108th Congress to address this issue. H.R. 107, the "Digital Media Consumers' Rights Act of 2003," seeks to amend the Federal Trade Commission Act to provide that the advertising or sale of a mislabeled copy-protected music disc is an unfair method of competition and an unfair and deceptive act or practice. Following introduction, H.R. 107 was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

While I do not serve on the committees of jurisdiction over this measure, please be assured I will continue to monitor this issue. Should it come to a vote in the House of Representatives, I will keep your views uppermost in mind.

Again, thank you for contacting me on this important issue. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

Sincerely,
Wally

Original Action Alert

Wally Responds: Nuclear Bunker Busters

2004-06-03T20:28:00.000-07:00

This Action Alert is from True Majority, and I sent it before Wally Watch was started. But here is Wally's reply:

May 25, 2004

Dear Patrick:

Thank you for contacting me regarding the appropriation of funds for a "robust nuclear earth penetrator" program. While we may not see eye to eye on this important subject, I appreciate hearing from you.

As you may know, H.R. 4546, the National Defense Authorization Act of 2003, specifically directs the Secretaries of Defense and Energy to submit a report on various aspects and intents of the robust nuclear earth penetrator program prior to funds being made available for the program. At this time, no report has been issued by the related departments.

Generally referred to as a "report and wait requirement," Section 3146 of the bill requires the Secretary of Defense to submit to the Committees on Armed Services of the Senate and House of Representatives a report on the 1) military requirements for the robust nuclear earth penetrator, 2) the nuclear weapons employment policy regarding the robust nuclear earth penetrator, 3) a detailed description of the categories or types of targets that the robust nuclear earth penetrator is designed to hold at risk, and 4) an assessment of the ability of conventional weapons to defeat the same categories and types of targets.

On November 12, 2002, the House of Representatives approved H.R. 4546 with my support. President Bush subsequently signed the bill into law on December 2, 2002.

Again, thank you for contacting me on this subject. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

Sincerely,
Wally

Updated Friday, June 4: added link to original action alert.

Got Medicare Questions?

2004-05-30T11:22:00.000-07:00

If you will be in Redding on June 3, you might want to drop by Redding Dialysis, 1876 Park Marina Drive.

U.S. Rep. Wally Herger, R-Chico, will visit with patients on Thursday to discuss health care concerns related to recent proposed cuts in Medicare and Medi-Cal funding for dialysis.

Vacation Time

2004-05-29T13:17:00.000-07:00

Wally Watch will be taking a very short vacation and be back in business June 3rd. Maybe we'll have some letters from Wally to scan in by then.

EFF Action Alert Fax: DMCA Reform

2004-05-25T18:17:00.000-07:00

You can send an Alert too!

To The Honorable Wally Herger,

I am writing today to ask you to co-sponsor Rep. Boucher & Doolittle's Digital Media Consumers' Rights Act (DMCRA, H.R. 107). I believe that our copyright law has become unbalanced and fails to address the interests of the public.

The DMCRA would protect consumers from buying "copy protected" audio compact discs that may not work in personal computers, cars, and other consumer devices. It would also codify a citizen's right to make fair uses of copyrighted material. I think that this is an absolutely fundamental step towards redressing the imbalances that have plagued copyright law in recent years.

As a constituent, I urge you to co-sponsor the DMCRA and show your support for the public's rights in digital media. Thank you for your time.

Sincerely,
Patrick Berry

Wally Responds!

EFF Action Alert Fax: P2P Deterrence Funding

2004-05-25T18:08:00.000-07:00

You can send an Alert too!

To The Honorable Wally Herger,

I am writing to express my opposition to the Piracy Deterrence and Education Act of 2004 (PDEA, HR 4077). HR 4077 would divert taxpayer dollars and direct federal law enforcement agencies to fight the entertainment industry's misguided war on file sharing. It would also create the first criminal copyright penalties for people who aren't engaged in willful criminal conduct. Under the law's murky "negligence" standard, a person with 1,000 legally obtained songs could be sent to jail for three years if she fails to lock them up tight enough. I believe that these measures are an egregious misuse of federal resources, and I hope you will oppose this bill.

Copyright law that expands liability to innocents is not the answer to the conflict over P2P. Copyright holders already have an extraordinary array of legal tools at their disposal for fighting infringement.

Instead of criminalizing the activity of 60 million American filesharers, we should be looking for positive solutions that compensate artists. For example, a collective licensing regime could legalize file sharing while generating revenue for artists. Here is one example of such a plan:

http://www.eff.org/share/collective_lic_wp.php

I am also opposed to HR 4077's proposed "education" program. If government is to educate the public about copyright, the curriculum must be balanced. The public has a broad range of rights to use copyrighted material, and omitting them is misleading and counterproductive.

As a constituent and a taxpayer, I hope you will agree that HR 4077 is an inappropriate use of government resources. Please oppose HR 4077 and instead look for a better way forward. Thank you for your time.

Sincerely,
Patrick Berry

New Financial Disclosure Report?

2004-05-25T18:05:00.000-07:00

There hasn't been a whole lot of Wally News™ as of late. I'm still awaiting replies to my first two e-mails. I'm not positive, but I'm pretty sure he will not respond via e-mail, but rather with a nice 3 page form letter. But Wally did just barely show up in an AP story today picked up Newsday.

Rep. Rob Simmons, R-Conn., took five trips, traveling to Beijing for a week last October, funded by the US-Asia Foundation. He also traveled to Oakland, Calif., funded by KARE, a western logging industry group, to view the Klamath National Forest.

He took the Klamath trip at the behest of Rep. Wally Herger, R-Calif., and later voted in favor of the Healthy Forests Restoration Act, which authorized $760 million for projects to clear and thin forests to reduce the risk of catastrophic wildfire.

Now going on a trip, seeing the Klamath National Forest, and then voting for HFRA is nothing out of the ordinary. What really caught my eye was that some big tell all Congressional Financial Disclosure report must have just been published. I've been searching for this since I saw the story and haven't come up with anything. Does anyone have the scoop on where this report is published?

Clarification: Wally asked Simmons to take the trip. I don't think I made it clear that I understood that Wally really didn't do anything here. My point all along was that there is a report out there with lots of details and I can't seem to find it.

E-Mails To Wally #2

2004-05-23T21:06:00.000-07:00

To the Honorable Wally Herger

I would like to ask if you are supporting H.R. 163, the Universal National Service Act of 2003.

Thank you,
Patrick Berry

E-Mails To Wally #1

2004-05-23T15:56:00.000-07:00

To The Honorable Wally Herger,

I was doing some research on Congressional votes and I was wondering if you or your staff could clear up a few votes for me.

Public Law 107-56 (aka The Patriot Act) - A number of people complained they did not have time to even read the entire bill before voting. Did you have a chance to read and review the bill before you voted for it? I understand that this was almost 3 years ago, but it is a very important law.
Public Law 105-298 (aka The Sonny Bono Copyright Term Extension Act of 1998) - This is recorded as a voice vote. Can you tell me if you voted for or against? I'm not familiar with the exact protocol of the voice vote, so if you cannot answer that question I understand.
Public Law 105-304 (aka Digital Millennium Copyright Act aka DMCA) This is also recorded as a voice vote. Again, if there is something that prevents you from disclosing your voice vote, apologies in advance.

Sincerely,
Patrick Berry

Voting Record: PATRIOT Act

2004-05-23T14:56:00.000-07:00

It's not surprising that Wally voted yes on the PATRIOT Act. Most of Congress went right along with it and some didn't even take time to read the damn thing. I should send him a letter asking him if he reviewed the bill before he voted for it.

Why am I only picking on Wally and not all of the democrats who voted for it? He is my elected official and because it's Wally Watch silly!

Wally Fun Fact #1

2004-05-23T13:09:00.000-07:00

Wally Herger chairs the House Ways and Means Human Resources subcommittee.

Herger Looks at Foster Care

2004-05-23T12:58:00.000-07:00

From the Rock Hill Herald:

Commission officials reported that since the 1980s, the number of children in foster care doubled nationwide, partly because of increasingly fragile families and also as a result of economic problems. Evidence at a recent congressional hearing indicated the failure by state welfare agencies to ensure children's safety.

"No state passed that test and this is unacceptable," Rep. Wally Herger, R-Calif., chairman of the House Ways and Means Subcommittee on Human Resources, noted in a statement that pledged the Pew Commission proposals would be considered as a solution.

Good for you Wally. Let's hope that the Pew Commission proposals are taken seriously and the idea of more privatization doesn't suddenly spring up.

Rebuttal to Abu Ghraib Response

2004-05-23T12:45:00.000-07:00

Points of contention highlighted in yellow.

As President Bush has stated, the abuse of Iraqi prisoners is abhorrent and deserves to be punished under the Uniform Code of Military Justice. I commend the Secretary of the Army and the Department of Defense for their speedy investigation of this incident, and their follow-up administrative review of prisoner protocol. From all the many young men and women I have spoken with in the military, this kind of behavior is clearly the exception, not the rule. Our mission is to aid the Iraqi people.

The Center for American Progress tracks down all dates and players. If Paul Bremmer, the chief administrator in Iraq, was "kicking and screaming" about this in the Fall of 2003 does is still count as "speedy?"

Senator John McCain (R-AZ) also wondered why Rumsfeld didn't bother to mention anything about the situation when he was briefing Congress. Remember, oversight is what Congress does.

However, we must not allow this incident to overshadow the progress being made on a daily basis in Iraq. There are those in the Arab world and elsewhere who are constantly on the lookout for signs of American weakness in the war on terror.

While there are no obvious points of contention here, it is meant to misdirect us from the fact that prisoner torture is wrong by pointing out that people want to hurt us. There will never be a time in history when somebody, somewhere will not want to hurt the United States or see us fail. In no way does this condone the torture of prisoners. It never has and it never will. Trying to associate the investigation with American weakness is a dirty trick. Compassion and a show of humanity is not weakness, nor is showing concern for a group of people other than ourselves. Also we must not let the fact that good things happen shield us from the horrors that happen in Iraq, they must be dealt with. For those honestly curious about the progress being made in Iraq, USAID has a site with extensive records and archives.

Even in America, there are some who seek less to punish the offenders than to exploit this incident to discredit the war and advance their own political agenda. These actions only serve to further harm our relations with the Iraqi people, and endanger the lives of our soldiers trying to keep the peace.

It's like being at an NFL game, looking at the score board, noticing that you are 14 points behind and telling your friend that, "hey, we better score some points or we will loose." Then your friend asks you why you hate the home team. Not only that, but he encourages the people around you to start throwing things at you. To add insult to injury he then goes to the press booth and has them train the cameras on you and has John Madden start making fun of your shirt.

What is making life more dangerous for our soldiers is enforcing the image of America The Bully. Nobody likes a bully. Ignoring the Geneva Conventions is a fatal mistake for our soldiers made by the people in charge that should have known better. JAG knew this better than anyone, and tried to prevent this. CAP asks the question: Knowing this decision would undermine the U.S. military culture and lead to the abuse of prisoners, why did the Administration ignore the advice of the State Department and JAG lawyers?

In light of this setback, we must, as a nation, push forward to establish a free and democratic Iraq.

It is said that the first step in getting out of a hole is to stop digging.

However, progress and reconstruction is steady, and continues despite these remaining violent elements in Iraq. Schools are being rebuilt, water supplies purified and delivered. Energy is reaching millions of households. The free press is flourishing, and millions of Iraqis are aiding recovery by engaging in their fledgling commercial society. Civil liberties, virtually unknown under Saddam Hussein's brutal regime, are being experienced by the Iraqi people for the first time.

Bechtel is "rebuilding" many of the schools in Iraq, this much we know. What isn't exactly clear is how well are they doing? There are reports of old schools simply being repainted with no actual infrastructure work being done. This should be a matter of "who do you believe, us or them," especially since we know that bad news doesn't move up the chain very well.

The electricity situation is also up for debate. But a CPA memo from March 2004 shows that the PR line may not match what is really happening on the ground. This comes from inside the CPA, the people who we trust to run things. "Despite repeated assurances over the past year from CPA chief L. Paul Bremer that Iraq's electricity situation has vastly improved, the memo says otherwise, reporting that there is "no consistency" in power flows. "Street lights function irregularly and traffic lights not at all ... Electricity in Baghdad fluctuating between three hours, on and off, in rotation, and four hours on and off."

Now to the issue of the "free press." The closing of the Baghdad newspaper Al Hawsa did little to sell the Iraqi people on our intentions of liberating them and installing democracy. Yes, the paper was accused of "inciting violence against coalition forces," but the closing of the paper had that very effect. The "coalition" must stop putting itself in situations where on either side of the coin is a loss.

The idea of "civil liberties" should also be viewed through Executive Order 13303, which some have interpreted as making Iraq a lawless area. Also the revelations that have come to the surface in the Abu Ghraib, which showed that Iraqis were sometimes randomly jailed, without charges. Yes, you can be held without charge in the US for 48 hours. Some prisoners there are just now being released.

Now, more than ever, I believe in the just nature of our mission in Iraq. The construction of a free and democratic society, where previously no freedom existed, is our singular goal; self-determination the precedent we are working to establish. Not without setbacks, Iraq and the larger war on terrorism have the potential to result in more peace, freedom and security in the Middle East and around the world.

While freeing people from a dictator is indeed a noble and just cause, we cannot separate the intention from the implementation. Our implementation has not gone well, as Donald Rumsfeld has finally admitted. It should be noted that this just cause was the third and final attempt to sell this war to the public, with WMD and terror links being the first two that were tried. The administration has always felt this was a product and not a cause.

Some in the United States have questioned exactly what is the cost of Operation Iraqi Freedom. Whether or not their questions are politically motivated, they do deserve answers. Estimated spending on Operation Iraqi Freedom totals about 1% of the annual Gross Domestic Product (GDP) - about same as Gulf War in 1990. In comparison to past wars, Vietnam was 12% of GDP, Korea was 15% of GDP and WWII was 130% of GDP. Sensationalist media accounts of soldiers killed in Iraq have led some to make irresponsible comparisons between the death toll in Iraq and that of the Vietnam War. To clarify this misconception, 726 American armed forces have died in Iraq since the beginning of combat operations in March 2003, with over 200 of those listed as non-hostile, or accidental deaths. By comparison, 58,000 soldiers died in Vietnam.

The cost of the war is measured by many metrics, with the tragic loss of life being just one. If the was truly about the safety of the United States then we should see if we are safer. Are there less terrorists in the world now? Has al-Qaeda been dealt a death blow? Does the world hold a better opinion of the United States now? The Whiskey Bar also points out, sarcastically, that Iraq is nothing like Vietnam.

Others have asked whether or not Operation Iraqi Freedom was justified given the discovery that Saddam did not posses weapons of mass destruction (WMD). The question is erroneous. American intelligence thought Saddam had WMD. French, British and Italian intelligence thought Saddam had WMD. We now know that even Saddam thought he was developing WMD, and was hopelessly deceived by his own scientists. In the words of President Bush, Saddam Hussein was a "grave and gathering danger" to the world. Hindsight does not change this fact, nor the urgency of our response.

The question is not erroneous. If we went to war for a reason, and we find out that reason was bogus, how does that make the war justified? It makes it a mistake.

As the war on terrorism progresses the enemies of freedom are slowly but surely losing ground. Afghanistan and Iraq were opening acts, and still require our close attention. But the real issue is whether America will continue to demonstrate our commitment to the longer war. Can we continue to sustain pre-emptive actions against terrorists across nation-state boundaries? Or will we fall victim to appeasement, and standby until the next 9/11?

He really saves the best for last, and by best I mean "most infuriating." It is widely known that the war in Afghanistan is being ignored. Funds and resources were being drained away even before the invasion of Iraq. The "opening acts" statement sounds like it is straight out of the Project For A New American Century paper where world domination is the only solution. Even if we could dominate the world it would not stop terrorist attacks. "The constant realization of dominance results in fear."

The linking of 9/11, or the "next 9/11" with Iraq is really quite astonishing. This is a fight that we don't want to loose. That means we have to do it right. It means we have to fight in the right places. People who criticize the war in Iraq are not saying that we shouldn't fight terrorism, but rather that we should fight it and Iraq is not where it was. Oddly enough because of our attack on Iraq, terrorism against the US is in Iraq. One might make the argument that attacking Iraq was appeasing al Qaeda. It certainly gave them great footage for a recruiting video.

All in all this was a very effective letter. It spent very little time addressing the actual issue, Abu Ghraid, and was filled with enough talking points that it took me three hours to dig up all the information to put into this response. That's my representative!

Form Letter Response to Abu Ghraib Scandal

2004-05-22T16:49:00.000-07:00

We'll have a point by point reply up shortly, as well as a scanned image of the letter to catch any OCR errors.

Dear Patrick:

Thank you for contacting me regarding the ongoing pacification and reconstruction of Iraq, and specifically, the recent incidents of prisoner abuse at the Abu Ghraib detention facility. I appreciate your opinions on this matter.

As President Bush has stated, the abuse of Iraqi prisoners is abhorrent and deserves to be punished under the Uniform Code of Military Justice. I commend the Secretary of the Army and the Department of Defense for their speedy investigation of this incident, and their follow-up administrative review of prisoner protocol. From all the many young men and women I have spoken with in the military, this kind of behavior is clearly the exception, not the rule. Our mission is to aid the Iraqi people.

However, we must not allow this incident to overshadow the progress being made on a daily basis in Iraq. There are those in the Arab world and elsewhere who are constantly on the lookout for signs of American weakness in the war on terror.

Even in America, there are some who seek less to punish the offenders than to exploit this incident to discredit the war and advance their own political agenda. These actions only serve to further harm our relations with the Iraqi people, and endanger the lives of our soldiers trying to keep the peace.

In light of this setback, we must, as a nation, push forward to establish a free and democratic Iraq.

In more general terms, the liberation of Iraq has come at a significant cost, both in American and Iraqi lives. The mission to rout out enemy elements in Iraqi society is not yet over. As we approach the pre-determined transfer of power date of June 30, the date when the Coalition Provisional Authority is to turn over limited control to the interim Iraqi governing council, Coalition forces outside the Iraqi city of Fallujah continue to face opposition from radicals, Saddam loyalists, and foreign terrorist fighters.

However, progress and reconstruction is steady, and continues despite these remaining violent elements in Iraq. Schools are being rebuilt, water supplies purified and delivered. Energy is reaching millions of households. The free press is flourishing, and millions of Iraqis are aiding recovery by engaging in their fledgling commercial society. Civil liberties, virtually unknown under Saddam Hussein's brutal regime, are being experienced by the Iraqi people for the first time.

Now, more than ever, I believe in the just nature of our mission in Iraq. The construction of a free and democratic society, where previously no freedom existed, is our singular goal; self-determination the precedent we are working to establish. Not without setbacks, Iraq and the larger war on terrorism have the potential to result in more peace, freedom and security in the Middle East and around the world.

Some in the United States have questioned exactly what is the cost of Operation Iraqi Freedom. Whether or not their questions are politically motivated, they do deserve answers. Estimated spending on Operation Iraqi Freedom totals about 1% of the annual Gross Domestic Product (GDP) - about same as Gulf War in 1990. In comparison to past wars, Vietnam was 12% of GDP, Korea was 15% of GDP and WWII was 130% of GDP. Sensationalist media accounts of soldiers killed in Iraq have led some to make irresponsible comparisons between the death toll in Iraq and that of the Vietnam War. To clarify this misconception, 726 American armed forces have died in Iraq since the beginning of combat operations in March 2003, with over 200 of those listed as non-hostile, or accidental deaths. By comparison, 58,000 soldiers died in Vietnam.

Others have asked whether or not Operation Iraqi Freedom was justified given the discovery that Saddam did not posses weapons of mass destruction (WMD). The question is erroneous. American intelligence thought Saddam had WMD. French, British and Italian intelligence thought Saddam had WMD. We now know that even Saddam thought he was developing WMD, and was hopelessly deceived by his own scientists. In the words of President Bush, Saddam Hussein was a "grave and gathering danger" to the world. Hindsight does not change this fact, nor the urgency of our response.

As the war on terrorism progresses the enemies of freedom are slowly but surely losing ground. Afghanistan and Iraq were opening acts, and still require our close attention. But the real issue is whether America will continue to demonstrate our commitment to the longer war. Can we continue to sustain pre-emptive actions against terrorists across nation-state boundaries? Or will we fall victim to appeasement, and standby until the next 9/11?

Again, thank you for contacting me on this subject. Should you have any further questions or concerns, please do not hesitate to contact me in the future.

Sincerely,

WALLY HERGER Member of Congress