get of hold of this hearing. they said there were approximately 300 hate crimes, but they refused to give the information to crs. it is public record, and they have urged us to ask congress conducting oversight to file a for-your request, which seems outrageous to me. -- 4-your request, which seems outrageous to me. >> our staff would be happy to work with your staff. it is a critically important not job. we have had many investigations. we are proud of those cases, and we would be happy to work with your staff to get the necessary information so you can get the necessary facts. >> thank you for coming, and i will yield to the ranking member of the committee. >> thank you, mr. chairman, and i am very pleased you are here, mr. assistant attorney general. i am going to yield to the ranking member of the subcommittee. >> i want to make a question the chairman asked a little differently. hate speech and hate crimes for very different topics. i assume the department would make a commitment. you are not going to make a proposal to criminalize and not protected speech or to criticize religion or anything else other than in the context of a direct or we will do this work in a way that is consistent with the constitution. >> which means you cannot criminalize hate speech, other than with a direct threat. >> it says whoever intends to intimidate somebody on the bases of color who, class. >> so short of intimidation and threats of violence you are not endorsing that you cannot criticize someone's religion or anything else? >> we strongly supports the first amendment, and we strongly supports actions against those who try to tear a community apart. i yield back. i thank the gentleman. >> you are welcome. this is an important discussion. we started off on this rapid- fire back-and-forth, and som >> thank you, and i yield back. i think the gentleman. >> you are welcome. this is an important discussion. we started off on this rapid- fire back-and-forth, and sometimes more -- some of the finer and more substantive parts of what we are talking about get lost. i would like to talk to you about two areas in the few minutes that we have, for me, mr. assistant attorney general, this is an ongoing discussion that we are heading. and in not racing to get all of my questions in to you -- i am not racing to get all of my questions into you. your office and the whole department have been available to me, and i assume other members of the committee, for whatever purposes that we want. this is not a race against the clock to see how many questions and answers we can get in in a five-minute period of time, when we are talking about constitutional rights. my subject issues, the boater issues, and the attempt on state levels about making voting more difficult. i would like to give your impression -- get your impression of what is going on in this climate leading up to the important november vote of 2012. could we discuss that a bit, and give me an idea of how you're part of the department and the whole department of justice is approaching this subject? >> sure. again, our philosophy and our approach here has been very straightforward. we want to enforce the laws, we are enforcing the laws and we are doing so in a fair and independent way. as i said to the chair before, there is a robust debate in this country, and we welcome that debate. that is the essence of democracy. we continue to have that debate and we make sure we do our level best to make sure every eligible voter on the first tuesday in november could cast his or her ballot and have access to the ballot, and that is why we have done more work than ever on behalf of overseas brokers. that is why when the facts call for them we will interpose objections on the voter i.d. laws in texas and south carolina because in our judgment the facts supported them. i agree wholeheartedly with the views of the former attorney general who talk about voter identification laws and said earlier this year the supreme court referring to indiana adopted the department's views that voter ideologues are not unconstitutional -- id laws are not unconstitutional, and held many say flaws. the same time, the court acknowledged the undeniable fact that they could burden some citizens' right to vote. it is important for some states to implement and administer such laws in a way that minimizes the possibility, and it is important for the department to do its part to guard against this possibility. we will not hesitate to use the tools available to us including the voting rights act if they are used to improperly denied the right to vote out. i completely and utterly to agree with him and evan bayh is our approach. >> i will contain -- and that in bodies of our approach. >> i will continue that discussion. >> thank you for your time. >> thank you, mr. chairman. >> thank you. mr. scott, you are recognized for five minutes. >> thank you, mr. chairman. mr. perez, when southern states hospitals were segregated, and were integrated because president johnson conditioned the receipt of medicare and medicaid on a policy of nondiscrimination -- is a policy of nondiscrimination without exception as a condition to receiving federal money still a good idea? >> i am very familiar with title 6 with prohibits nondiscrimination on the basis of race, color and national origin. we have a section that aggressively enforces title 6. >> what about religious discrimination? >> as we have discussed before, the administration continues to be committed to insuring that the partner with organizations in ways that are consistent with both the law and our values. we will continue to evaluate issues that arise on a case-by- case basis. >> there could be no religious consideration when you are spending federal money. >> are respected judgments of congress, and we respect the laws and regulations that are in place. >> congress said it is a good idea to be able to discriminate. you agree with that? >> i think we have had this discussion of few times, and we will continue to have this discussion. we will continue to make sure we enforce laws in a way that is consistent with the constitution and our values, and we will continue to evaluate these questions, and they are important questions and challenging questions, and we will continue to investigate how the facts apply to law. >> if the faith based organization were running a government program, could they have a policy we do not higher catholics or jews with federal money? >> we have had many conversations about anti- discrimination laws, and we have many cases regarding the employment context and other contexts. we have a case in arizona. >> can an organization have unarticulated policy we do not hire catholics and jews with federal money? >> we are having this conversation about how to treat the issues of ensuring we partner with faith-based organizations in ways that are consistent with our laws and values. >> to the laws you are enforcing prohibit discrimination or allow discrimination with federal money? could an organization have been articulated policy, we do not hire catholics and jews with federal money? >> everything is fact-specific. we've brought civil suits in cases involving discrimination based on religion, and we will continue to a evaluate specific facts. >> if of faith based organization is running a federal program and has a policy, we do not higher catholics and jews. >> we will investigate and make the appropriate judgment, and when the facts demonstrate there is discrimination occurring, we will not hesitate to take appropriate action, and if you look at the case -- >> isn't it true that your policy is a faith based organization can have a policy if we do not hire five lives and jews and silver as the federal money -- do not higher catholics and jews fan still get federal money? >> we look at the fact for that particular case. >> are you ashamed to say they can discriminate with the laws you are enforcing? >> every case is that specific. just as when they were asking about threat cases. >> what is the barrier? what law prevents them from discriminating? >> i am not sure i understand the question. >> what law can you apply that prevents them from discriminating from having an articulated policy, we do not hire catholics and jews? >> we would have to look at the specific case to see if an agency of that particular office might be able to take a look at that or whether there is a lot or a general application. -- a law or general application. deprives i recommend mr. seeing none. >> i appreciate the testimony. i cannot help but reflect on some dialogue that took place between a member of this committee from new york when he asked along the lines of the gentleman from virginia is there a particular christian way to ladle soup. there is ham and bean soup. i know he takes that in the vein it was delivered, but i would like to take this to the opening video delivered by mr. nadler from new york, and the statement there is voter i.d., then mitt romney wins the presidency. they can make the point that what it really says is you have an election that is a legitimate election where you have a higher assurance to the people going to the polls are legitimate voters than the republican side of this winds and the democratic side of this loses. that is how i heard that video. that is my statement. i am not going to ask you to comment on that, but i would have you comment on something else we have seen, and that is the video of the young gentlemen going into the polls in virginia and asking for the attorney general's ballot. did you see that video? >> i did not. i read about it in the newspaper, but i have not seen the video. >> does it trouble you? >> i believe it is in the district of columbia. i believe the attorney general lives in the district of columbia. >> does it trouble you that a young man could walk-in and be offered the ballot of the attorney general of the united states? >> what is interesting is the individual did not vote, and the question is what is the extent of voter fraud in the united states. i can tell you in the context of the litigation, and i cannot comment too much other than what is in the public record. >> the only reason the individual did not vote is because he did not want to break the law, so there are a lot of individuals who do not mind breaking the law. they do not even understand it does break the law. they are offered of voter sign up and a check box, are you a citizen? maybe they cannot even understand it in whatever language it is offered in. we are seeing voter fraud. we know acorn admitted to 440,000 false voter registration. i cannot imagine that none of those went and voted, and we have evidence to the contrary. have you heard people down in the present -- have you heard of dawn of brazil? >> i do not know her personally. i know of her. >> you know she was managing al gore's campaign in 2000? .> i do not recall das >> that is my recollection. it was pointed out of her campaign was down in the polls. her answer was i am not worried about being down 4 and 1/2 points on the polls. i can pick up six. on the streets. i happen to think about that when i saw the gentleman. he sees this from an entirely different point of view. we are interested in legitimate voters, and i would make the point there is a bedrock under our constitution, and that is america's confidence in legitimate elections. it really is not whether we have legitimate elections. if they believe in legitimate elections they will accept the rules from elected politicians. we have people around the country working to clean up voter registration rolls, and they have had great difficulty about the entitlement of is entitlement to them. they are looking at particularly iowa, and i asked if you are prepared to make that list available for mac schulz. >> they are working with the secretary of state. good >> they passed it over to you. >> it is a dhs decision, and they will -- >> they are looking for guidance from doj. >> in the state of arizona we cleared an organization so the state of arizona is making use of the database in their verification process. if in the course of that they do sell in a manner that implicates the voting rights laws we would do that. >> could you list any reason in io what that does not have -- in iowa that does not have a cover district in order to provide legitimate elections? can you have any reason not to provide that list? perhaps as i understand -- >> as i understand the process, you have to have underlined the data, including alien registration numbers of the individual. if you are not collecting the requisition data the database will not be valid. >> can you cite the statutes? >> the department of homeland security is the department administers. >> they look to the doj for regulations. >> the department of homeland security administers that database, and if you do not collect data in it is useless. >> finish the answer please. you are finished? >> sepp which -- in which case i would point out of this has been passed on for too long, and it is time to get a resolution. >> without objection, who all members will have five days to submit questions for the witness, and we will ask the witness to respond as properly as we care and so the answer may be part of the record, and you will have five days to submit additional people. we thank you for coming to this hearing, and this hearing is now adjourn. >> thank you, mr. chairman. tax on fridays washington journal, we talk about the economy with ben wild and a look at the census bureau report on americans with disabilities. we will talk with the statistician and the executive director kurt becker -- curt decker. washington journal begins live at 7:00 a.m. >> democrats are holding public hearings in minnesota this weekend followed a few minutes later by their final one in detroit. c-span coverage continues august 10 with a reform party in philadelphia followed by the republican national convention with live gavel-to-gavel coverage beginning in tampa and the democratic convention live from charlotte, n.c., starting monday, september 3. goodbye to the senate agricultural committee heard testimony on a bill that would set standards for the treatment of egg laying hens. this is a compromise during your -- this is a compromise. the michigan senator chairs this one-hour hearing. cracks good morning. -- >> good morning. we appreciate everyone being here today. there is tremendous input from the overflowing crowd. there is a tremendous amount of interest, as we can see from the overflow crowd today. as we consider the bipartisan bill led by senator dianne feinstein -- the egg products inspection act amendment of 2012. eggs are as much a part of our mornings as juice or coffee or bacon or our serial. when we talk about this important, nutritious product, is very much part of america and our nutrition and our food system. eggs are a staple of the american diet. the average person consumes 250 eggs a year. i think i am above that, actually. they are also an important part of the agricultural economy. eggs sales generate $15 billion for our economy. it is incredibly important our producers have certainty to produce our food products. this bill is driven by a coalition of industry producers working together to request these changes. it is designed to give producers certainty from regulation. senator feinstein, the bill's author, is here to testify today, as well as egg producers from across the country. this bill was proposed by the industry and has the support of the humane society of the united states. we will hear today from those who are in favor of the bill, and we will hear from those who have concerns. i look forward to this testimony from senator feinstein and the company ahead to a taken the time. thank you to each of you for taking the time to be here for this important discussion on an important issue. i will now turn to my friend and ranking member, senator pat roberts, for his opening remarks. >> madam chairwoman, thank you for calling this hearing this morning. giving us an opportunity to hear directly from egg producers regarding a bill that would put a member of the federal government in charge of the standards of in which eggs are produced in this country. i truly appreciate the opportunity to hear from my friend and colleague senator dianne feinstein. we have spent a lot of years together in the intelligence committee. i want to thank her for standing up for our country on national security. we have no greater obligation than the national security of our country, and i think you for your service. >> thank you, sir. >> let me say that i firmly believe farmers and ranchers are good stewards of animals. one of the fundamental principles of the animal husbandry profession is that your animals get fed, watered, and taken care of, and i support you. there is no excuse for animal cruelty. in particular, given the multitude of training programs and educational efforts about animal care for those who work with and around animals. producers understand the better they take care of their animals, the more healthy those animals will be. second, i understand senator feinstein and the egg producers of california have a real challenge. california's proposition two has created uncertainty. i'm not sure this agreement between the united egg producers and the humane society of united states -- i guess everything has to be an acronym. i apologize for that. when this committee considers any change in policy, impacting animal agriculture, there are a wide range of factors that should be taken into consideration like food safety, animal health and welfare, the economics of food production. our international trade obligations. and most importantly, science. what is the best possible science? is this legislation based on that kind of science? when we deviate from science- based decisions, we have a difficult time to solve the issue. will this issue be back before this committee in a year or two? i also hope to learn why egg producers were solidly against any agreement before they were for it. what changed in the issue to bring about such a reversal in their position? i understand there are concerns involving antitrust issues at the forefront of many challenges egg producers are dealing with right now. is this agreement somehow viewed as payback for these discussions? i wish, madam chairwoman, we had deregulators here with us this morning to explain how they would enforce this to become law. in addition to the implications on an interstate commerce and international trade, i am also concerned of how -- about how this will affect the price that consumers pay for eggs. european consumers saw the supply of eggs drop 10% to 15% soon after the inaction of a similar law, which led to the increase in price of 50%. of 55% rise in the egg prices would significantly reduce the purchasing power of aid programs. madam chairwoman, i have other synopses of this legislation from the american farm bureau, a group of four international debt bureau organizations, and the organization representing gay but producers i would like to enter into the record. -- representing egg producers i would like to enter into the record. >> i enter that into the record without objection. welcome. we all owe you a debt of gratitude for the hours you spend literally every day in efforts to protect our country. thank you for that. thank you for being here as the lead author of the eggs product inspection act, hs 3239. >> thank you, madam chairwoman and ranking member roberts. i wanted to just begin by pointing out this is a bipartisan bill co-sponsored by yourself, senators leahy, plumas all, scott brown, -- blumenthal, kerry, saunders, vitter, wyden, and schumer. unfortunately, senator leahy could not be here this morning. i am delighted to see the ranking member of the judiciary, senator grassley here as well. the united egg producers represent 90% of the eggs sold in the united states. the humane society of the united states is the largest animal welfare organization in the country. i believe they have a 11 million members. these groups came together to forge a compromise agreement that can ensure the future of the egg industry and result in a better product. you are right, senator robert. in 2008, calif. passed proposition 2 that cated a requirement that hints be able to stretch their wings and turnaround -- hens be able to stretch their wings and turn around. similar provisions were put in place in michigan, washington, ohio, and oregon. the result of the state level initiatives is now a patchwork of standards that make it hard for egg producers to know the rules of the road and to conduct interstate commerce. ag farmers nationwide are stymied as they it -- a farmers nationwide are stymied as they attempt to develop their infrastructure. why grow when the rules of the road might change and invalidate your investments? why go to the market if the market will not be open to you in a few years? this legislation addresses this problem. the agreement establishes a single national standard for the treatment of egg-laying hens. you are going to hear a lot in detail about it from the next panel. let me quickly, briefly explain what the bill does. the eyes of -- size of hen cages is made larger over 10 years. the practice of depriving hens of food and water is outlawed. there are clear requirements for a labeling so consumers know -- for a labeling so consumers know whether eggs are cage- free, caged, or otherwise. this legislation only applies to egg producers and is the result of careful association between animal welfare groups and the only industry that is affected. no other is affected. secondly, i have heard concerns that the bill will hurt small producers. that is simply incorrect. farmers with 3000 birds or fewer are specifically exempted from the provisions of this legislation. organic, cage-free, free range producers will also be unaffected by the housing provisions, except that they will see increased sales as consumers are able to more clearly tell what is available on store shelves as a result of the labelling provisions. and for those who are affected by our bill, it will be up to 18 years. in this time, most producers will replace it cages in any event, i am told. this legislation is endorsed by the leading scientists and the egg industry, the american veterinary association, and the two leading veterinary groups. studies show these new cages can result in lower mortality and higher productivity for hens, making them more efficient egg producers. finally, i want to set things straight regarding the cost of the bill. cbo endorses the legislation and find no cost. another study found that there would not be a substantial price effect on consumers. it is also important to note that this bill reflects what is already happening because of consumer demand. burger king, walmart, costco, and other companies are already phasing in new humane handling requirements for the food they sell. third, a research company and its broad support from consumers. specifically they found consumer support the industry transitioning to larger cages with enrichments like perches by a ratio of 12 to one. i would like to submit for the record 13 pages of endorsements. >> without objection. >> thank you. >> you can tell how important this bill is to the egg industry, because farmers have come from all across united states to attend this hearing and show support. you will meet several on the next panel, including eric benson, from my home state of california. others are in the audience. let me mention a few. farmers and i a lot have a strong interest in seeing this bill -- in iowa have a strong interest in seeing this bill pass, so they can access the huge consumer market. the ceo of cowmain foods. they will find it more and more difficult to comply with conflicting state standards unless we pass this bill. annie from california. gary from minnesota. they represent smaller operations. roger sager from indiana. they have enacted state level production standards. they have to make decisions about infrastructure and wonder if they are going to be locked out of neighboring markets. mollie from ohio. she is trying to cope with you regulations imposed for buying -- imposed by her home state. there are many producers who could not even get into the room to dead. they are sitting in overflow rooms around the corner. but they all came to washington to be heard. i would also like to add that the most recent list of supporters is up 13 pages long. it includes 13 -- 14 agriculture and egg producing groups. five consumer groups. and many more. if this compromise represents something of very unique and animal agriculture. this is an animal welfare group and a major industry working to create an agreement that is practical and has a reasonable timeframe for producers to implement -- 18 years -- new standards for animals and workers and clearer labeling. this is a practical and fair minded resolution that solves our real problem for the egg industry. i encourage the committee to support this bill. i thank you very much for this opportunity. >> thank you for your comprehensive testimony. we look forward to working with you as we move forward in discussing this issue. i believe at this point, unless someone has a question for senator feinstein, we will move forward to our other panel. senator grassley, do you have a question? >> i would like it to go into the record, and i would like to submit a letter in opposition from the southwest iowa egg farm producers on the legislation. >> without objection. thank you. i look forward to working with you and i appreciate your comprehensive -- we will ask our second panel to come forward at this point. >> well, good morning. we appreciate all of you taking the time to join us today. let me introduce each of our witnesses and we will ask each of you for five minutes of verbal testimony. we certainly want any other written testimony you like to leave with the committee as well. then we will have around of questions. first, let me introduce our first panelist. david lathem, an egg farmer from tender grass, georgia -- pendergrass, ga.. our next guest is the president of j.s. west & companies, eric benson. i am particularly pleased to have the next witness from michigan, greg, manages herbruck's poultry ranch along with his son and two brothers. they are a third and fourth generation family farm, very respected in michigan. finally, i am going to turn to senator roberts to welcome our final witness. >> thank you, madam chairwoman. may i introduce amon baer from lake park, minn. from mendelson egg co. when you look at the number of baer family members in farming, you appreciate that amon became a family farmer out of necessity. he and his wife our family farm operators. they have nine children, all of whom are involved in the farming operation. together with two of their five sons, they own 300,000 laying hens, and the market 6 million net and eggs -- 6 million eggs per year. and believe it or not, this is not a big operation. to the south, amon and one of his sons are partners in another farm. and not to be outdone, one of his 14 siblings, three of amon's brothers are also forming in the red river valley region. you cannot get any more farm family then -- than amon. mr. baer, if there was any more family in your operations, we may have trouble fitting them in this room. welcome. >> welcome to each of you. good morning. >> my name is david lathem. i am chairman of the united egg producers. we represent -- >> either the microphone is not on, or move a little bit closer. we want to make sure everyone has a chance to hear you. >> is that better? >> that is better. >> ok. will represent 19% of all eggs -- 90% of all eggs sold in the united states. we manage almost half of the nation's laying hens. we support the bill and we appreciate the committee having this hearing. i believe the long-term viability of my family farm is in jeopardy without the bill. we cannot set up different production systems to meet conflicting standards in every state. we need production standards for everyone that are fair for everyone. senate bill 3239 allows us to take charge of our own destiny. this bill has the overwhelming support of our industry. not unanimous -- because nothing important dissever unanimous -- but overwhelming. we are living in a time when the american public is interested as never before in all food is produced and where it comes from. we could see this as an opportunity rather than a threat. we believe senate bill 3239 represents a single future for all of us, but we are not the only ones. we have the scientific support of several professional societies. it has the support of the national consumers league. ag producing groups at the state level have come not in support from the farms and unions. if this bill has wide support. however, some to oppose it. some simply attack the humane society of united states. they say you can trust hsus. it is no secret that our organization and theirs have been adversaries. we have disagreed on animal welfare issues for years. they realized that we did care about the welfare of our hens, and we realized that they did care about the survival of our farms. so, we began to do work, like everyone says you should do. look for common ground. seek compromise. the main thing some people have against us -- look for common ground -- weekly guilty to that charge. opponents of senate bill 3239 say this represents a slippery slope precedent that will inevitably force other animal industries into similar standards. this is not true. there are two basic reasons why. first, we're all here because we as producers want this agreement. if hsus were for the agreement and we were against it, i do not think we would have this meeting here today. if we do not want a settlement nothsus, -- with hsus, is that going to happen. the slippery slope argument suggests that regulators are incapable of making decisions between commodities. it is completely at odds with what congress has done over the years. congress has always looked at each commodity separately. you do not legislate the same program for cotton as you do for peanuts. there are price supports. eggs have always been regulated differently from other animal products. the food and drug administration has a separate standard of safety for our farms, but not for beef, pork, or turkey production. by contrast -- the slippery slope argument ignores history and replaces it with hypothetical fears. the reality is congress has always made distinctions. i hope he will forcefully reject this argument. madam chairwoman, i genuinely believe the survival of my farm and other farms are hanging in the balance. we need senate bill 3239 in order to provide a fair operating environment for all farms. thank you for letting me speak today. >> thank you very much. mr. benson, welcome. >> thank you for having us here, senator, and other senators. in here representing j.s. west & companies from modesto, calif.. we are family owned and operated. and third and fourth generation. we believe by providing the highest quality products to our customers -- for example, up watching -- providing high- quality retirement benefits to all of our employees. you have seen the inconsistent animal welfare statues that began with prop 2 in california. i have always believed the marketplace should make decisions their consumer demands and preference. the dilemma we face today is that consumers will vote with their hearts and buy it with their pocketbooks. we need a set of standards. we are willing to produce competitively as long as the rules are clear and fair. in here and support of the bill that are senator dianne feinstein has sponsored along with 15 of her colleagues. we're very proud of her work as a champion of our industry. i would like to spend my brief time talking about the system that will become a national standard once the bill stand -- once the bill passes. we would make a multi year transition. @ j.s. west & companies -- at j.s. west we have taken a flock through the laying cycle with two more in production. if you want to know what it looks like, what our -- watch our webcam at jswest.com and see them in realtime. not many of these systems are in place in the united states. what exactly is it? larger than the conventional inclosure. in our case, each colony contains about 60 hens. each is furnished with a nest box, purchase -- perches, scratch areas. you can see an example where these hens have perches. this photograph was taken out of our hen system blog. results of an encouraging. and mortality is lower. the small proportion that have died is smaller than in other systems. food consumption is a little greater, but we think that is because of the higher activity levels, and the birds definitely use the enrichments. senate bill 3239 provides for a multi year transition to the new systems. that being said, more than 80% of equipment being used today is capable of conversion to the system. that means senate bill 3239 will not require producers to make a capital investment they were not already willing to make, albeit at a higher level, before. if you really believe that you can maintain the current conventional cage system forever, there is a cost to enriched cages. in california, we're pretty sure that is not case. if we cannot gain a consensus in favor of this enriched colony system, the future will lie with those egg producers that have the highest density of hens per square foot in a state where no rules exist and little concern is given for society's standards on hand welfare. i am convinced this colony's system and the standards that support it are the best compromise for the future of our industry. the system has better animal welfare and efficiency than cage free or free range and reflects the best standards for egg production moving forward. i salute hsus for their openness and willingness to compromise on this issue. they recognize that you can improve animal welfare within the context of an economically- sustainable cage system, if designed right. it does make sense. the national welfare system that treats everybody the same and reflects our country's ideas of fairness and humanity -- that is what is required here and that is what senate bill 3239 provides. thank you, senator. >> thank you but very much. welcome. good to see. >> hello. thank you for the chance to testify today. my name is greg herbuck. our family farm faces the same challenges as others. grain prices have soared across the nation. the situation i will describe to you today is more serious for us. over the years, we have tried to meet the needs of our customers. we have been part of the growing organic egg industry and to partner with 20 other farms to supply a wide range of eggs through different production systems. we also use conventional eggs. there are good reasons our industry moves in this direction. animal health, protection from creditors, and economic efficiency. -- protection from creditors, and economic efficiency. -- protection from predators. however, we alert consumers and voters do not make decisions based simply on science. muster several generations -- most are several generations removed from the farm. they are accustomed -- they are customers. we got a dramatic wake-up call when california voters passed proposition 2 by a two to one margin. other states move to establish their own standards. madam chairwoman, we are aware of our state of michigan was one of those. in a few years, and farms in michigan will be required to provide it -- to provide twice as much space. we have a patchwork of state animal welfare laws that are inconsistent and unworkable. these laws will not just affect producers in those particular states. no matter where they are produced. this means that a farmer in iowa will have to comply with california standards because 30% of eggs sold in california come from iowa. this helps you understand where we have a problem. eggs move across state lines every day. this is how our business works. all states are either in surplus, meaning we produce more than the population consumes, like michigan, or most farms are incapable of producing what the state consumes, like new york or south dakota. our farms cannot maintain a separate standard for every state where we want to sell eggs, and yet that is where we are set with the current patchwork of laws. the michigan standard is different from that of ohio, which is different from oregon, which is different from california. this gets worse. we sell to major service and grocery customers to have outlets in the states. it would be impossible to track of which eggs were produced in which state to meet the different standards of every state were they have a store or restaurant. we are on a road to chaos. i urge you to examine the house version of the farm bill. there is an amendment that encourages the opposite approach to a national standard. if we have to produce to a specific safety standard and neighboring states to not, this will be an economic death sentence for our farm. the same situation is for states with similar standards. unfortunately, the private sector alone cannot solve this problem. no matter what we do as producers voluntarily, we cannot avoid the threat to future ballot initiatives. 24 states have them. we're at the mercy of the next activist group that once demanded cage-free production. we believe the only solution is a national production standard, as contained in this bill. this bill is the best solution for hand welfare, food safety, and choice. it is essential that this the past as quickly as possible so we can stay in business. we strongly urge the committee to support this. thank you. >> thank you very much. >> thank you very much, madam chairman -- madam chairman. -- chairwoman. thank you to allow me to testify in our opposition. egg farmers of america is an association of 12 small and medium-sized eggs family farming operations, including kate-free operators located throughout the midwest. senator roberts did a good job of introducing me. we have a five primary reasons why we are opposed to this bill. the bill will kill the small family egg farmer. the bill will result in the dramatic increase in stock -- costs to consumers. the bill is not necessary. you would establish a precedent that could affect all of the livestock industries. it is not justified by science. killing the small egg and family farms -- and it is a cyclical, high-volume, low-margin business. this bill would benefit the 180 mega-sized operations to the detriment of the 1800 other family farms. the experience of my nephew is an example of why this is the case. he has just installed new housing for 200,000 layers, invested almost $2.5 million. that equipment system has a useful life of over 30 years. if this bill is law, he will be required to tear all of that equipment out and he essentially start over just as he is getting the equipment paid for. his replacement cost to maintain his current production standards would be almost $5 million. in my 40 years in the business, i can tell you that there is no way that young men will be able to raise that kind of money in 18 years. in 1999, the european union issued a similar directive requiring conversion to enriched housing over a period of 12 years. as anticipated, many producers waited until january and simply close their operations due to the higher costs and capital investment required. european consumers saw supplies cut by 20%, and prices soared up to 55% higher. we can expect a similar result in this country. the economic analysis indicates that by 2029, 65% of production will still be in conventional cases of 67 inches. this law is unnecessary -- today, the ability to do so -- they do not need a federal law to require them to produce eggs at that level. the federal law is needed to push the small farmer out of business so that there is less production. it sets a bad precedent. as a lifelong board member, i am sympathetic to the unfortunate situation faced by the egg farmers in california. eric bentsen mentioned that a lot of money was spent. my family spent thousands of dollars to help california tried to beat proposition two. the problems of one state, even a handful of states, does not justify a federal mandate all 50 states. i agree with the california congressman who said during a house consideration of the farm bill "we have a terrible situation created by the voters of california." now that i am a retiring member, i can say that i do not always agree with what the voters do. they in california did an awful mistake with regards to the poultry situation. i certainly agree with that congressman. after the 1999 directive, as many as 27 food safety studies were performed in europe and the united states. none of the science conclusively points to improve food safety as a result of enriched housing. additionally, the department jiabao rogers stated last july that hens experience stress in all housing types, and no single system gets a high score on all parameters. in january 26 of this year, the veterinary medical association issued a statement that "each of the additional features in an in rich colony has the potential to malfunction, causing injury, harboring disease or parasites, or provoking aggression. " i would like to stay for the record that i personally, as well as others, will oppose this legislation -- we have received threats. we are evaluating those threats with lawyers and law enforcement officials. i want this record to reflect our concern so that this is not used against us and later legal proceedings. thank you madam chairwoman. we will move to >> we will move to questions. could you respond more to the challenge of patchworks of different state legislations? i know that in michigan the state legislature passed a law that takes effect, i believe, by 2020. mr. baer is talking about a voluntary effort, why can we not just do this voluntarily as opposed to what is happening, and hundred effects the management decisions for you as an egg producer looking at the patchwork of different regulations? >> we sell eggs and roughly 30 other states. with this continue expanding of individual state standards, we could have to have the chicken house for every state. it is impossible to manage that type of operation. what it takes to keep track of ohio eggs vs. west virginia eggs vs. michigan eggs. our concern is that we will have to do the logistics' of that. our customer -- if it is centralized, they say that this has to go to ohio or west virginia or michigan. that is a real concern of where that is leading. >> thank you very much. i want to thank you because you have been at the forefront of proactively reacting to consumer interest. we appreciate that. could you talk about the issue around prices for eggs that has been raised, what this does to food prices? if this becomes law, what will the consumer level impact on egg prices be, and are there provisions in the bill that would insure that prices do not dramatically increase as a result of what is proposed in these changes? >> egg prices always fluctuate. the last two years, eggs have been as cheap as 75 cents a dozen. today, they are probably $1.60. we are effected by the costs of our ingredients. as we all know, corn and soy have gone very high. we always have a lot of process. we did have a study from a consulting group. the work they did shows that over the 18 years of the phase- in time. , -- time period, there is only 1% extra cost from implementing this program. even when we get through that phase-in period, we are looking at approximately 9 cents per dozen when everybody is in image cages. we think that that is a very reasonable number. that is less than a 5% increase from where we are today. we think that is very reasonable. >> could you speak at all to the price increases in the european union and what they have experienced? >> definitely. we have done a lot of work on this legislation. one of the things that we wanted to do is ensure that we did not have what happened in europe. we have a phase-in period where there are dates when we will raise the square inches per chicken. unlike europe, which did not do that -- europe had one final date that you had to go from existing housing to the new, in reachable housing. our legislation is much better well-plan so that we will not have that prospect. >> talking about the price differences from the standpoint of the producer -- when you look at things like a depreciation schedule for the traditional hand cages -- what provisions are included in the bill to make the transition compatible with what you would do in the normal course of business as you make decisions and terre we have --? >> my cousins put them in in 1992 or 1993. the equipment in this house is in desperate need of replacement. we do not know what we can put in there, and that is part of the uncertainty issue. if you take a look at that, that is 20 years. the legs of the bottom of cages are starting to rot away. the places where the eggs roll out from underneath the hands -- it is getting weightier than it should be. the belt feeder that goes down is going up and down. there are much higher levels -- it is time for us to replace the equipment. from that experience, and that was good-quality equipment when we purchased it -- other people may have different experiences, but from our experience, the equipment is not just deficient. today's equipment is much better. it is much stronger. it is designed to last a long time. but once again, beyond 20 years, i do not think ritas practical. we need to do it anyway. as far as depreciation schedules, a lot of people say, what does it cost? ongoing operating costs are very similar to what we are going to have today. the cost is different -- the biggest difference is a little bit higher feed costs. the biggest thing is the capital. at some point you will have to get that money. but it is -- the rest of it is no different. >> thank you very much. senator robert. >> amon, as a board member, did anybody give you notice or context to say that uep was negotiating this agreement? >> as a board member, i was notified, but the membership as a whole was not notified about the negotiation of this. i have a brother who has been a member for 20 years. he knew nothing about it. >> after the deal was reached, were you ever formally called to see if he supported it? >> somebody cough behind the -- >> that is allowed. [applause] >> i am getting old. my hearing is not good anymore. >> that is a loud, too. [applause] were you ever formally called to see if he supported the agreement? >> membership was never asked to vote on this. the only votes taken were board members. >> if federal government mandates the new standards described, what will happen to your business? you can pretty much answer that with your nephew who has expanded $2 million to basically modernize his operation. you are indicating it to cost him 5 million. the folks to your left will say that it took time to do it. any comments? >> my son is also looking at taking over my operation. i would like to sell it to him. my nephew, because he put in equipment two years ago, can produce eggs and 67 square inches until 2029. my son will have to produce eggs at 78 square inches, 90 square inches, 101 square inches, 113 square inches, and 124 square inches in three-year increments. because he is starting two years later, he will be locked into a more inefficient and production system that costs more per dozen then his cousin. he will be competing with his cousin and a seven-dozen disadvantage for the period. my son will not be able to take over my operations and produce eggs for 18 years. that is the production cost divisions it. he is going to be competing with his cousin and 70% of other producers who are able to produce at 67. >> you are not only into egg production -- you have a very diverse farming operation. and do you have concerns that deregulation like this will just lead to more consolidation in what is already very consolidated in a climate? >> absolutely. my son is a prime example. he will simply not be able to borrow the money to put these new cages in if he has to be at a competitive disadvantage to 70% of the industry. >> that was the other question i had -- have others responded to your opposition? had he gotten along with those people? >> i have a great deal of respect for all my fellow producers. this one issue we disagree on entirely. i agree with all the points they made. i just cannot think this is the proper solution. >> you mentioned that you raise hogs. you mentioned you were worried that the president that this will set. would you talk a little bit about your concerns? >> proposition two did not only cover laying hens. it also covered hog gestation stalls. that same issue is being played out in the hog industry right now. if congress steps in and starts the process of regulating on- farm production practices, i do not think that hsus or anyone else advocating will stop with that. they will continue to advocate and have them set standards. >> uep controls 90% of egg marketing. is that right? >> yes. >> they also have the program that sets water standards. >> yes. >> if you have a while for standard and control 90% of the market that should be available to all consumers, why you need for the federal government to set a new standard? >> what we found out in the industry is that the public is interested in our industry like never before. we do have an excellent program that a science-based. what we see now is that people are consumers. we see that through initiatives that our customers are developing their own plans. we see that people want to be involved and how their food is produced. what we need is a consistent level playing field with everybody on the same program. we do not feel it is right for some producers to stay in business from others go out because they live in the wrong state or because of the lot of the draw. we feel like eggs should be produced humanely, and consumers should have a right to a say in that. it is something that we all can live with. that is very important. >> if this bill were enacted and cases increased, what is the benefit to human health from a food safety standpoint? >> excuse me, would you repeat that? >> if this bill is enacted into law and caged sizes increase, what is the benefits to human health from a food safety standpoint? >> i think that we produce very safe eggs today. the safest they have ever been. i do not see that changing. i think we will continue to have safe eggs. >> the housing requirements and the proposed rule -->> the proposed rule calls for 116 square inches. why are we considering a law that calls for 144? who decided on this number? how do you know this is exactly the right number? >> it is actually 124 inches. the other number you quoted is for brown hens. this is not a new system for here. we have relied on them, and their number is 116, and we decided on 124, which is close to the 116 number which side supports. >> he said the cost was $24 per hen for new construction, $20 for renovation, and another dollar per ton for purchase and scratch pads, so that would equal roughly $8 billion. is this argument in favor of the bill that no one will notice such a dramatic cost increase if they are spread out over several years? that is $8 billion. that is a lot of money. >> that is on the high side. i did not come up with that figure. >> what do you think? >> i think it could be as high as $6 billion, but it is important that you realize that we will probably spend $3 billion anyway, so the incremental cost will be closer to the $3 billion, and when you spread them over the number of eggs, it comes up to 1.5 cents per dozen, and approximately 9 cents when we complete the transition, about 5% of the cost of one dozen eggs. we think it is reasonable when the end -- at the end of the day all farmers are here to appease the public. we have to listen to the public and we hear what they want. [unintelligible] >> i cannot say, senator roberts, that our experience is around those numbers. $20.50 is the bid that i got to replace the equipment, and $24 is right, to build from scratch, but we do not plan to spend it all right away. >> mr. benson, let me see if i have that right. you indicated that costs are stable, and as a consequence you could figure out what happens in 18 years. you are aware of the drought going on here, north dakota, down to texas, the second year for kansas. we pretty much burned up, and cattle and poultry are effected dramatically. i would expect that the consumer applications, while not immediate, over the next year could be considerable. i said could be. we do not have all of the usda figures. the chairwoman and i are very concerned about. you do not know what is going to happen in regards to your cost of production could -- >> cost of feed is one of our biggest cost, and that is a concern going forward, but we live in a very competitive marketplace, and the 5% that we are talking about, over 18 years, is a fairly low number compared to the amount of money, or the prices that have gone up and down over the past couple of weeks. these short-term fluctuations are one thing. the long-term trend has been toward better technology, efficiency, and more room for the hands. it is how long the equipment less, 18-20 years, the we are aware of the longer term trends, and quite frankly, if there is money, people will expand production. >> i think they have talked about the situation in that you, when europe -- in the eu, when europe implemented this. they waited until the last minute, typical with regulation in the business community, egg prices soared 55% to i hope that does not happen in the united states. >> thank you. before concluding the hearing, i would like to ask each of you with the biggest challenges are for egg producers in the united states and what you see as the future of the industry over the next 20 years. mr. amon baer, would you like to talk about what you think the challenges are? >> i think the short-term challenge will be a feed cost, as senator roberts explained. who knows where they will end up at, and it is 60% to 75% of our total cost. on a long-term basis, there will be consolidation. this bill would accelerate that. it is much easier for big operators to convert small percentages of their farms over. that works to the detriment of individual family farms, like my nephew and my son, who when they make the conversion, they have to do 100% of the conversion right now, and that is why it does not work for the small family farmer. other concerns, long term, certainly, is the active as an from animal rights advocates and all of the issues that surround that. thank you. >> ok. mr. herbruck? >> yes. we have family. we hope to have a business we can share with our children and grandchildren for the future. as i mentioned, in michigan, we are in a tough spot. if we do not do something to change the path, we will be significantly on profitable and not competitive because of our peers in neighboring states do not have to do things, and we do have to follow a standard that doubles capacity, our customers love us, but they will move on. the uncertainty -- that is why we need the certainty to make plans for our future. >> thank you. >> i am afraid he took my major point, it is that uncertainty, especially in california. it is not just the various rules that we have for the various states. it is also the way they will be interpreted, and the uncertainty we have and whether we are planning on doing complies with initiatives from various states. if they are not clear, much less if there is a level playing field, we did not know what we are doing going forward, and that puts our family in a difficult bind. >> thank you. . letham? >> i would say they stole my point, too. that is why we are all here. we are unified. we do need to know that we have the future. we need to have a level playing ground. the number one thing that scares me is what kind of house do why build will not be able to ship eggs will somebody from iowa ship eggs to georgia because they cannot go to california? we as farmers and producers, our jobs are to look at the consumers and do a good job to produce abundant food that is safe. that is what we want to do, but we deserve and want a level playing ground. that is why we are here today. >> thank you very much. thank you to each of you. this is a challenging issue because of what the states are doing. i know what you are talking about, mr. herbruck from the michigan standpoint. mr. lathem, you talked about coming together with differing views, and folks normally not on the same side coming together and finding common ground. we are used to doing that in this committee. that is how we got a bipartisan farm bill. we are proud of that and how we were able to pass it in the senate. i am hoping we will be able to come together and find common ground on this very important issue for egg producers around the country. >> it is important, and we do appreciate that. >> thank you. the hearing is adjourned. >> tomorrow, a discussion on insurance health exchange as part of the new health-care law. they then will be in place in january 2014. live coverage from the alliance for health reform at 9:30 eastern on c-span 2. later, here on c-span, former house speaker and presidential candidate newt gingrich will be speaking about conservative leadership. that is from the loose institute. -- luce institute. the house today finished legislative work for a week. on the floor, members spoke about last week's shootings in colorado. that is next. will also hear from nancy pelosi and speaker john boehner, talking about tax cuts set to expire at the end of the year. later, a presidential candidate mitt romney is asked about his earlier criticism of the management of this summer's oly. >> thank you, mr. speaker. pursuant to the order of the house on july 25, 2012, i call up house concurrent resolution 134 and ask for its immediate consideration. the speaker pro tempore: the clerk will report the title of the concurrent resolution. the clerk: house concurrent resolution 134, concurrent resolution condemning in the strongest possible terms the heinous atrocities that occurred in aurora, colorado. the speaker pro tempore: pursuant to the order of the house of january 25, 2012, the gentleman from colorado, mr. perfect mutter, and the gentleman from colorado, mr. coffman, will each control 15 minutes. mr. coffman: we can never explain nor fully comprehend evil. but last friday we were reminded of its existence. the face of evil emerged when a cold-blooded calculating mass murderer trapped unsuspecting movie patrons packed in a darkened theater in my hometown of aroara -- aurora, colorado. today on the floor of the united states house of representatives we pause to again remember the victims of this horrendous crime and to honor the courage of so many who put their own lives at risk to limit the carnage. the victims who lost their lives in the early morning hours of last friday are veronica moser, age 6. alex teves, age 24. jessica ghawi, age 24. alex sullivan, age 27. matt mcquinn, age 27. micayla medek, age 23. john larimer, age 27. a.j. boik, age 18. rebecca wingo, age 32. jon blunk, age 26. jessica childress, age 29. gordon cowden, age 51. aurora is a proud suburban community. mostly working class and middle class families who share basic american values, the values of hard work and of faith in god and of family. my family came to aurora, colorado, in 1964 when my father, a career soldier, was sent to fits simmons army medical center for his last assignment in the u.s. army. back then aurora was just a small town surrounded by three military bases. in the 1970's aurora transitioned away from being a military town, although it still has an air force base. aurora's grown to become the third largest city in the state of colorado. with a population of over 300,000 residents. aurora has grown -- has also grown to become the most racially and ethnically diverse city in the state of colorado. aurora has received the all-american city award by the national league of cities in recognition of being a community whose citizens work together to identify and tackle communitywide challenges and for having achieved uncommon results. a couple weeks ago i was at a meeting with the aurora board of realtors where the mayor was speaking. he proudly informed the audience that aurora was recently ranked as the 8th safest city of its size in the country. no doubt we are still in shock and trying to understand why this happened to our community. the theater where so many lost their lives and injured, lies in the heart of our city. the vacant ground beside the theater has been designated by our city's planners to be the future site of the city septre -- center. aurora will never be the same after this horrific act of evil that occurred last week. the citizens of aurora are caring and resilient and the long process of healing has already begun. we will stand together and come back stronger than before this attack. when i think of all the victims of this tragedy, and how much our community has suffered, i'm reminded by a refrain from a hymn that i have often sung in church. and he will raise you up on eagle's wings, bear you on the breath of dawn, make you to shine like the sun and hold you in the palm of his hand. mr. speaker, i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from colorado, mr. perlmutter. mr. perlmutter: thank you, mr. speaker. thank you for the opportunity the other day for us to have a moment of silence. i know it was important to the members of our delegation as well as to the people of our community in aurora, colorado, and the whole metropolitan area. and i had a chance to speak on tuesday, i have a number of things to say, but i know each of us in our delegation bears a heavy heart as a result of all this, and i would like others to be able to share some of their thoughts. so with that i yield two minutes to my friend from boulder, mr. polis. the speaker pro tempore: the gentleman from colorado, mr. polis, is recognized for two minutes. mr. polis: thank you. i want to thank my colleague, mr. perlmutter, from colorado, not only for bringing forward this resolution but for spending time those affected in the aftermath of this. i'd also like to thank president obama for immediately changing his plans and coming to colorado to express on behalf of our nation grief and provide what comfort he could to the victims and their families. i think one thing that's important for americans to understand is awe -- aurora is a community just like yours. my district is several miles from aurora, i have been to movies myself from aurora, drive through it frequently on the way to the airport. this could be anyone. it's a safe community. it's a community of loving families. it's a growing city. and the tragedy that occurred could have been at any one of our neighborhood theaters. going to the movie theater, an expression of joy, something people have grown up with for generation, the magic of the silver green. and lives torn apart. not only -- silver screen. and lives torn apart. not only those who lost their lives tragically, not only those who were injured, some of whom remain in the hospital, but all the others that were terrified, scared, in the other theaters, in the other movie theaters that night, in the community at large. this was in many ways a crime against innocence, and a crime against enjoyment and diversion. people turn to movies, turn to entertainment for a moment's respite, a moment's entertainment from their daily lives. in this tragic really represents an end of innocence for so many people that were affected. but so, too, we have seen many great heroes rise to the occasion. the courageous responders, the community aurora, mayor hogan, the families of those affected, our criminal justice system. we all come together in difficult times. we all come together and together with the love and respect and support from american families across the country, the victims' families know they are not alone. that's important. i yield back. the speaker pro tempore: the gentleman from colorado, mr. coffman. mr. coffman: thank you, mr. speaker. i'd like to yield four minutes to the gentleman from colorado, mr. tipton. the speaker pro tempore: the gentleman from colorado, mr. tipton, is recognized for four minutes. mr. tipton: i thank the gentleman for yielding. mr. speaker, i think that we all struggle to be able to find words, to be able to address a flash point in time in the city of aurora to where we saw the absolute worst of humanity and senseless slaughter of inknow september people. -- innocent people, but we also saw the best of humanity. as people rose to be able to protect their loved ones, as we saw emergency service personnel rush to the scene to be able to operate -- to offer aid. in the hospitals where doctors and nurses fought valiantly to be able to preserve life. as we look back on that day, we can't help but be reminded that too many lives were cutter short -- cut short. chapters that were yet to be written, and needlessly and mindlessly were cut off. the hearts of all coloradoans and what we have seen demonstrated on this floor, i think speaks to the heart of this country. as people rose as one to be able to express their empathy and their concern. we saw neighbors and strangers reaching out with helping hands. all praying for that opportunity and the ability to be able to find the right words, if there could ever be such words, to offer some moment of comfort to those who suffered such a tragic loss. this is a day that certainly our state and people of aurora will never forget. it has touched each and every one of our hearts, and you cannot help but condemn, obviously, the act. but each one of us, i think this day and for days, weeks, monts, and years to come -- months, and years to come will continue to offer up prayers for those who lost their lives, for the families that were affected, and our thanks, our thanks for those who showed such love and concern, and for all the emergency service personnel who were there to defend people who just were out for a good evening. mr. speaker, i applaud this resolution and this colorado delegation standing together today to be able to express this and thank this house for the support that they have shown as well for the people of colorado. with that, mr. speaker, i yield back my time. the speaker pro tempore: the gentleman from colorado, mr. perlmutter. mr. perlmutter: thanks, mr. speaker. i'd like to yield three minutes to my friend from denver who had a number of constituents in the movie theater that evening, and i'd like to yield three minutes to ms. degette from denver. the speaker pro tempore: the gentlelady is recognized for three minutes. ms. degette: thank you very much, mr. speaker. i'd like to thank my dear friend and colleague, mr. perlmutter for yielding to me. this is a difficult week for all of us from colorado. there were two movie theaters in the denver metro area that were showing this premiere at midnight last thursday night. so there were people from all over the community in that theater. they are with their families and their friends. almost the entire employees of a restaurant in colorado, they went to have a fun evening on a summer night and tragedy of course struck that night, unexpectedly, to everybody. i have been overwhelmed as we all have in the delegation by the support of the community for all of the victims of this shooting and their family. the way the communities have come together, aurora and denver and engelwood and all of the communities has been a blessed thing to see for all of us. no one can make sense of the tragedy like this, and the stories that heroism are still coming out every day. the stories of miracles, babies born just a day or two after in the same hospital where the father lies in a coma. . while we hear all these stories of heroism and the first responders rushing to the scene and helping even within 90 seconds, at our heart we say, how can this happen and what can we do. i did have a number of constituents in that theater. some who were just injured. some who were in the nearby theaters who will be scarred psychologically forever by this. a close friend of my daughter's and others. i had at least three constituents who were killed by this terrible crime. the little girl, veronica moser, age 6, whose mother lies in critical condition. alex teves. it's wonderful to see the entire house delegation from colorado. we consider ourselves to be close allies although we often disagree on different issues. i just want to say something to all of my colleagues and to everyone in this house, mr. speaker. we have now had as of today 25 moments of silence as we respect victims of gun violence since the columbine shooting. i was here for that too. we had two moments of silence just the other day. one for aurora and one for the anniversary of the capitol police officer who was killed 10 years ago here today. so we can have our debates, we can have our discussions, we can mourn for the victims, which is appropriate this week, but it is our challenge as leaders of our state and leaders of our country to go on from today and to say, what can we seriously do as a nation to make sure that no tragedy of this scope or horror ever happens in this country again? and with that, mr. speaker, i yield back. the speaker pro tempore: the gentleman from colorado, mr. coffman. mr. coffman: mr. speaker, i yield three minutes to the gentleman from colorado, mr. doug lamborn. the speaker pro tempore: the gentleman from colorado, mr. lamborn, is recognized for three minutes. mr. lamborn: thank you, mr. speaker. i want to thank representative mike coffman and representative perlmutter for leading this this morning. the entire delegation, bipartisan delegation, is here as just a small reflection how the people of colorado are coming together and the people of aurora are coming together after this senseless tragedy. we heard a lot of stories of bravery, both on the part of the first responders and the parts of everyday citizens, but i want to tell a story of one of the victims. i'd like to share the story of caleb medley. today, he lies in a medically induced coma after being shot in the face. in the day since that horrific shooting, his wife, katie, has given birth to their first child, hugo. caleb spent his teen years in florence and after high school he married his high school sweetheart, katie. he went to work at a local grocery store. like most people, he and katie have big plan and dreams for their lives. from the time he was in the eighth grade, caleb has wanted to be a standup comedian. katie wants to work in veterinarian medicine. they moved to aurora to pursue their dreams. just two days before the shooting, caleb appeared at the comedy works and did well enough to advance to the next round and they were looking forward to their baby's birth a few days later. but before little hugo could be born, caleb and katie made the faithful decision to go out one last night before becoming parents. according to a website that caleb's family has posted, the two spent too much on popcorn and soda. they endured the movie trailers and they watched the beginning of the movie and that's when evil struck. evil came to them from a man that opened fire on that theater. katie and baby hugo made it out uninjured, but caleb was struck in the face by gunfire. caleb has lost his right eye, has some brain damage and doctors have put him in a medically induced coma. so, mr. speaker, i ask that the people of america would be praying for caleb and his family. we are pulling for you, caleb, and for all the victims of this senseless tragedy. i yield back. the speaker pro tempore: the gentleman from colorado, mr. perlmutter. mr. perlmutter: i thank my friend, doug, for describing in detail one of these injuries. i'd like to introduce, mr. speaker, if i could, for the record some brief bigraphical information of each of the victims who was killed. jon blunk, alexander "a.j." boik, gordon cowden, jessica ghawi, john larimer, matt mcquinn, micayla medek, veronica moser, alex sullivan, alex teves and rebecca wingo because i want our record in this congress to have their names and some information about them. and i appreciate you talking about somebody specifically. these are hard moments for all of us. these are good people and some very bad things happened to some very good people, but i want to talk about some of the positive aspects that came out of this dreadful night. 13 years ago diana degette mentioned columbine and my district on the southwest side of my district, i have columbine on the northeast side of my district have this theater. and colorado is a good place. i mean, all of us love where we come from. we've had some violent incidents that have taken our innocence, as mr. polis had said. we heal from these things but you're never quite the same. you're never quite the same. but one of the positive aspects of that terrible incident 13 years ago at columbine high school was that our law enforcement, our first responders, our police, our firefighters, our medical teams learned some real lessons. and we have in the aurora area a community college called aurora community college where we have gone through a number of exercises to deal with a mass casualty incident such as this where the police, the fire, law enforcement agencies from across our communities, denver, adams, arapaho counties working together with the medical school to address these kinds of incidents. you know, as the chief of police, dan oates, who deserves a higher place in heaven for the way he has managed this terrible time on behalf of law enforcement, they prepared and prepared and prepared and unbelievably this terrible tragedy happened, but because of that preparation, because of what we've gone through before and the terrible lessons we learned lives were saved. there's no question about it, lives were saved that otherwise would have been lost. i want to applaud again the aurora police, firefighters, the medical teams. casualties were taken to six or seven different hospitals in our area, but they all did an outstanding job. the dispatchers. can you imagine all the 9/11 calls that -- imagine all the 911 calls that came in that might? our bureau chief, was outstanding on behalf of the federal response to deal with both the shootings that occurred in the theater and the elaborate boobytrap that was set in this apartment that i drive by at least once a week right across from the university of colorado. this is something that we will heal from this but we will never be the same. and i just -- i want to thank the aurora schools who provided a place of safety for all of these individuals to go at the time of this incident. i want to thank the minute tearial alliance. as mr. coffman said, this is a community of great faith. and our churches and our synagogues have responded in a tremendous fashion to the sorrow that we all feel. there are many stories, some beautiful ones. the president shared one. and before i go further, mr. speaker, can i inquire as to the time on both sides, because i know i have a couple other speakers that would like to -- the speaker pro tempore: the gentleman from colorado, mr. perlmutter, has 4 1/2 minutes. the gentleman from colorado, mr. coffman, has four minutes remaining. mr. perlmutter: i would just mention the story, and this is one i am so proud of people from colorado. there were two young women in the back of the theater when the gentleman came in and threw a tear gas canister across the theater. and the taller of the two noticed that it really was something other than a smoke bomb and a stunt and she stood up to warn people and she was shot in the neck immediately. and she -- blood started to spirt out. her smaller friend pulled her down, compressed that wound, and the older one said something -- the one who had been shot something like, you need to leave, you need to get out of here and the friend said, i'm not leaving without you. and continued to press. police responded very quickly, but it probably seemed like an eternity, but the young lady who was shot in the neck is on the mend and is going to recover fully. and her friend basically saved her life and the quick actions of the police and the fire department. despite these terrible losses that we suffered, and there are so many heartbreaking stories. there are heart-warming stories as well. with that i reserve the balance of my time. the speaker pro tempore: the gentleman reserves his time. without objection, the bigraphical material referenced by the gentleman from colorado, mr. perlmutter, shall be entered into the record. the gentleman from colorado, mr. coffman. mr. coffman: thank you, mr. speaker. i, too, rise in support of mr. perlmutter's comments in relationship to our own aurora police department as well as all the other law enforcement entities that helped in this terrible tragedy. i now will yield as much time as he may consume to the gentleman from colorado, mr. cory gardner. the speaker pro tempore: the gentleman from colorado, mr. gardner, is recognized for as much time as he may consume. mr. gardner: i thank the gentleman from aurora for yielding time and sharing time and thank the gentleman from colorado, mr. perlmutter, for your leadership and your comfort and encouraging words during the incredible tragedy. and to the president, thank you for sharing your love with colorado as well as to the governor for the leadership that you have provided, he has provided throughout this past week. this chamber has seen its incredible days of victories, of celebrations, of great triumphs for this country. and today we discuss a resolution that talks about one of our nation's great tragedies. and so we join together as a delegation to talk about an event that we in colorado know we will not let remain a tragedy but will turn into remembrance of those who are good in our state and our country. we oftentimes in colorado forget because the great beauty of our state that sometimes the hearts of all people don't match that beauty. but as we sat at the prayer vigil this past sunday and looked out as the rays of sun broke through the clouds on the choir, on the many people of faith that gathered, we know that this one dark moment in history will be matched by far greater light. and it's our obligation to make sure that that indeed happens. as a father, i can't imagine the great loss of families, friends, the victims of this horrendous crime. and our hearts, our prayers, our thoughts go with them as we build a stronger community going forward. the many people of faith who have prayed, the people in this body who have shared their prayers and thoughts with the people of colorado remind a passage in the book of matthew where jesus went out onto the lake in the middle of a storm with his disciples and he looked out upon the stormy waters and he said, peace, be still. and we ask that those who are troubled, those whose hearts have yet to heal, we ask for the peace that we all so desperately need. i yield back. . the speaker pro tempore: the gentleman from colorado, mr. perlmutter. mr. perlmutter: thank you, mr. speaker, aid like to yield one minute to the leader, ms. pelosi. the speaker pro tempore: the gentlelady from california is recognized for one minute. miss -- ms. pelosi: thank you very much. i'm very sad to join my colleagues in expressing the deepest sympathies of the house of representatives to the families and loved ones of the victims in aurora, colorado, and the entire community as it grapples with its grief. my colleagues have spoke very movingly from the standpoint of faith and hopefully that plathe will be a comfort to those -- faith will be a comfort to those who are affected. as you know, mr. speaker, when we learned of this tragedy, the president ordered flags to be flown half-staff for one week to commemorate the tragedy that aurora, these individual families, and our country had suffered. that was done as a mark of respect for the 12 innocent victims and all who were affected. the victims who were murdered, that's just the word, that day, the vast majority were very young people. the one, gordon cowden was a father in his 50's. the others were very young whose last words to his daughters were, to tell them he loved them. a story that deserves to be told, each was beloved, each left home with a different expectation of what would happen that evening. so did the rest of the country. several died protecting their loved ones, including john blunk, alex teves, and matt mcquinn. alex sullivan was about to celebrate his one-year wedding anniversary. that was celebration, going out to the movies. a.j. boik had just graduated from high school. jessica ghawi dreamed of being a sports journalist. micayla medek and rebecca wingo were pursuing education at a community college. jesse childress signed up to risk their life to protect our freedoms. who could have ever thought they would lose their lives going to the movies. as a child, veronica mose, will now forever be remembered as the -year-old. what a sad tragedy. most of us here in this body are parents and grandparents, in steny's case great grandparent, every person knows the feeling of sending a child off to a movie with their friends, excitement of an opening night, and then the worry when the minutes tick by and someone hasn't come home. it is with heavy heart that we send our thoughts and prayers to the many greefing today and we continue -- grieving today and we continue to pray and thank you for taking us down that path. we continue to pray for the healing of those who survived, both their physical pain and their emotional scars. that's probably the hardest. we send our gratitude to our first responders. within minutes, when minutes counted, when seconds counted, they responded with bravery and with professionalism. in the words of this resolution, the congress honors the resilience of the community of the city of aurora and state of colorado in the face of such adversity. may you feel the support and love and prayers of our nation. may those tragically taken from us be honored and remembered. may time heal our grief. i hope it is a comfort to those who are affected by this tragedy, who lost loved ones or have injuries in their families, but so many people throughout the world mourn their loss and are praying for them at this sad time. i yield back the balance of my time. thank you. the speaker pro tempore: the gentleman from colorado, mr. coffman. mr. coffman: mr. speaker, i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and include extraneous material on house concurrent resolution 134. the speaker pro tempore: without objection. so ordered. the gentleman from colorado, mr. perlmutter. mr. perlmutter: mr. speaker, i again inquire about the balance of time because i would like to yield two minutes to the gentleman from maryland. the speaker pro tempore: the gentleman from colorado, mr. perlmutter, has 2 1/2 minutes remaining. the gentleman from maryland is recognized for two minutes. mr. hoyer: i thank the gentleman from colorado who has been so involved and so eloquent in expressing the grief that his constituents share and all the members from colorado on either side of the aisle who have come together to share this grief. mr. speaker, when tragedy of this kind strikes our hearts go out to those who lost loved once. we have seen both an outpouring of love and support for victims and their families and the quickness to point out what might have been done differently. that is our nature as americans. always seeking answers. searching for corrective action for a measure of logic and the irrational. the first question we ought to ask and is already being asked, how can we draw closer as a community? not just the community of aurora, but the community of americans. as president obama said on friday, and i quote, if there's anything to take away from this tragedy, it's the reminder that life is very fragile. and what matters at the end of the day is not the small things, ultimately it's how we choose to treat one another and how we love one another. i would add it is also how we commit to live with one another as neighbors. we may not share the same faith or politics or philosophy, but we do share a fundamental belief that our people should feel safe in our theaters and malls and schools, in their homes and on the streets. wherever they go. today we share the pain with the people of aurora. but we also share in the hope that the city whose name is the dawn, would find in our sympathy and prayers the comfort it needs during the dark hour to begin the process of healing and to believe again in a brighter tomorrow. i yield back. the speaker pro tempore: the gentleman from colorado, mr. coffman. mr. coffman: mr. speaker, i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from colorado, mr. perlmutter. mr. perlmutter: i'd just like to end, mr. speaker, by thanking my friends, and they are my friends and colleagues, from colorado. i just want to say that for all of us, aurora, and everybody who has been so affected by this senseless act, we are praying for you. we love you. and i just want to end, this act actually affected people from one coast to the other, a lot of people from all over the nation were in that. in fact, at the time, mr. speaker, from a nearby military base, there were 53 members of our military, army, navy, air force, and marines were in that theater that night. this is something that touches us all. something that we'll all remember. we will heel -- heal. and let's hope and pray something like this doesn't happen again. with that i yield back. the speaker pro tempore: the gentleman yields back the balance of his time. all time for debate has expired. pursuant to the order of the house of wednesday, july 25, 2012, the previous question is ordered. the question on adoption of the concurrent resolution. mr. perlmutter: if i could, i also have another poem i'd like to introduce as part of the record if i could. i ask unanimous consent. the speaker pro tempore: without objection. the question is on adoption of the concurrent resolution. so many as are in favor say aye. those opposed, no. >> good morning. we welcome you to this civil rights division oversight hearing. without objection, the chair is authorized to declare a recess of the committee at any time. last year marked the 150th anniversary of the civil war. it was a chance not only to reflect on the horror of institutionalized slavery, but a reminder to all free people never to cast doubt on the humanity of any of our fellow human beings. and, to take solace in the least one reading and recognition that we fought our bloodiest war to end that tragedy. today, soldiers risk their lives for human freedom, beyond our borders. as election 2012 nears, the division voting section must ensure that those defending democracy abroad can participate at home. there are approximately 2 million military voters, many in combat zones with limited access. accordingly, in 2009, the empowerment act was passed, which requires states to mail absentee ballots and least 45 days before a federal election. at april 18 hearing before the committee, experts testified that inadequate enforcement of the move act in 2010 disenfranchised thousands of service members. this year, it is imperative the justice department address them negotiate strong settlements that deter repeat offenses, and work with the defense department to insure recruitment centers and bases offered the opportunity to request ballots as required by law. unfortunately, the justice department seems unconcerned about legislation rates, even though it is aggressively suit states where they think welfare offices have been insufficient registration. similarly, in north carolina, there are 110,000 active-duty military and spouses, but only 1860 requests for absentee ballots have been processed. in north carolina, there are 110,000 active-duty military spouses, but only 1860 requests have been processed. in virginia, there have only been 874. height of the military voting rate averages 1%, or there is a systemic problem of the end the almost certainly falls on the civil rights division. the justice department should also insist on express mail where necessary to ensure that the returns in time. -- that military ballots are returned in time. the voting section regularly imposes far heavier costs on jurisdictions, for example, demanding bilingual ballots for naturalized citizens even who identified as speaking english well. it must be the first priority to protect service members rights to low -- to vote. indeed, it is seeking headlines opposing voter i.d. laws that an overwhelming majority of americans support. the civil rights division is so desperate to block these laws it has in. -- embarrassed itself in accord. the department of justice case against the texas -- in. itself in court. the department of justice has a case against the state of texas, that the trial, shock was expressed in counting military id's. there is no excuse for failing to except the government-issued military i.d., and the public deserves an answer for this today. further partisan bias is clear in the national voters registration act enforcement, aggressively suing states for not aggressively enough registering voters at welfare offices, but not a single case to fight fraud. when ford tried to comply voluntarily by removing non- citizens from its boulder roles, and the department of justice rushed to court, and lost. over objections, the department of justice forced dayton, ohio, to lower the passing score on the police recruitment exam to increase diversity even though federal law prohibits altering the results of employment-based tests on the basis of race. it appears the division is breaking the law. further, the civil rights division requires taxpayers to pay for costly bilingual ballots, even though it really exempts voters educated in puerto rico from once prevalent literacy tests. i could go on. with that, i will now yield to the ranking member for his opening statement. >> thank you, chairman. today, the subcommittee continues oversight of the civil rights committee of the department of justice. with the authority to enforce civil rights laws, the division is the guardian of fundamental values -- freedom of religion, the right to be feeding trivet. the right to a job, a home, and education, and the right to live one's life free from the threat of violent hate crimes. it is auspicious and we are meeting on the enactment of the disabilities act anniversary. that notes the work of the disability rights section. as our subcommittee has documented, they were equally troubled during the bush years. career civil rights attorneys were routinely overruled by political appointees. hiring was illegally politicized, and in some areas grossly neglected, and morel was as bad since anytime in the division was established. president obama signaled a new era by appointed assistant attorney general tom perez. he is a career civil rights lawyer and has been rebuilding a decimated and demoralized office, and has done so while dealing with fundamental test such as redistricting. the division has an important story to tell. whatever the policy, the justice department has worked hard to meet the civil-rights challenges today. some of the same people undermining the division while they are there have now made a career of making false allegations, all of the same subtext, that they are favoring minorities to the detriment of whites. the division is making an effort to enforce laws they really do not like it is a willie horton campaign, pure and simple. we see the enactment of various devices having the purpose and effect of preventing people to exercise their right to vote under the pretext of protecting the integrity of elections. this is not without precedent. in the past, literacy tests have been used to keep people out of the polls citizens whose voices those in power did not want to hear. in our day -- the requirement of particular voter idea that we know some segments of the population are less likely to possess and other devices being implemented around the country. the pretext, and there is no word for it, has never stood up to scrutiny. even when now where a voter i.d. law is challenged in pennsylvania, the state has admitted there had been no investigations or prosecutions. the parties do not have direct personal knowledge of such investigations. the parties are not aware of the in-person voter fraud in pennsylvania and not have personal knowledge of voter fraud elsewhere. pennsylvania will not offer evidence that it has happened in pennsylvania or other. the commonwealth will not offer evidence that it is likely to happen in 2012 in the absence of the voter i.d. law. i like to enter that into the record >> without objection. >> thank you. >> why have the voter i.d. law at all? the answer comes from the recent commenting that voter i.d. will allow governor romney to win pennsylvania. voter i.d., which will allow governor romney to win pennsylvania. could we go to the video? >> we are focused meeting obligations. pro-life legislation, don. voter i.d., which is going to allow governor romney to win the state of pennsylvania, done. >> so, i do not think it goes too far to demand the civil rights division gives close and careful scrutiny to any voting changes likely to disenfranchise voters. there is a strategy to disenfranchise voters for partisan, political purposes, and it is the most widespread campaign since the jim crow era. if civil-rights laws mean anything, and i know not all members voted to extend the voting rights act, we have an obligation. to many americans have given their lives for us to allow it to be taken away. the police must use all the tools available to make communities safe. i can report that new york's finest does an outstanding job, but they must obey the law and the constitution and respect the rights of the communities they are sworn to serve. policies seem to crossed the line. the vast majority of individuals are stopped when done nothing wrong are sent on their way. these are disproportionate for communities of color, who fear they are under siege radin being protected. the settlement was announced the new orleans police the park. it is to the division's credit we have seeing this through to this resolution. i hope to hear from the assistant attorney general thomas perez about efforts to ensure that those charged with enforcing the law, around the country are themselves complying with it. i join you, mr. chairman, in welcoming assistant attorney general thomas perez. >> thank you. without objection, of the members of opening statements will be made part of the record. assistant attorney general thomas perez is here today to testify. thank you for being with us. >> it is an honor to be. >> mr. thomas perez became the assistant attorney general on october 8, 2009, prior to becoming -- 2009. he served as secretary of the department of labor legislation. he served as a career prosecutor in the civil rights division. he went on to serve as director of the office for civil rights department of health and human services. in addition to his extensive service, he asserts the special counsel to the late senator edward kennedy. he is a graduate of the harvard law school and holds a bachelor's degree from brown university and a master's in public policy from the kennedy school of government. he resides in maryland with his wife and three children. assistant attorney general, we look forward to hearing your testimony. again, i welcome you to the hearing. mr. thomas perez's which instead will be entered into the record in his entire the, and i would ask you to summarize your testimony in five minutes or less. there is a timing light on your table. when the light switches from green to yellow, you have one minute to conclude testimony. when it is red, you're five minutes have expired. before i recognize the witness -- [inaudible] >> before i recognize the witness, it is tradition that he be sworn. if you would stand. >> sure. >> do you solemnly swear the testimony you're about to give is the truth, the whole truth and nothing but the truth, so help you god? >> i do. i recognize mr. thomas perez. did not forget the microphone but did -- button. >> thank you, chairman franks, ranking number nadler. in the years since i last. before the committee, the civil rights committee has continued vigorous informant -- enforcement of civil rights laws. it is fitting on the 22nd anniversary of the ada, a land mark law. 22 years ago i was working in the civil-rights division as a career attorney. i want to thank you to the former chairman of this distinguished committee of wisconsin for his and his wife's on wavering commitment to disability rights, and i commend him for leadership in the reauthorization of the voting rights act. civil rights as a bipartisan history in this committee, in this congress and across america. thanks to the talented career attorneys and support staff to work in the division, we continue to achieve great successes in protecting the civil rights of all individuals. let me give you a few examples. two days ago in new orleans, doj announced no sweeping police reform case in the department's history, which serves as a country as a blueprint for sustainable reform, and we are handling more cases of this nature than any time in our history. the last fiscal year, the division filed hate crime charges the result in the been the conviction of 39 defendants, the largest number in more than one decade. we brought more human trafficking cases than any other four-here. in the department of history. -- four-year period. we can build 27 new voting cases in the last fiscal year. we have never handled more cases until this fiscal year, which is not yet done, in which we have handled 36 new cases. in the last three years we participated in over 40 disability matters in over 25 states to assist people with disabilities to live in community-based settings, working with republican and democratic governors in georgia, virginia and delaware to dramatically expand opportunities for individuals with disabilities to thrive in committee? the settings. we achieved the largest recovery in the sexual harassment act. we resolve the lending settlement was cut to ally financial, a $175 million settlement with wells fargo. we reached an agreement with colorado to provide interpreter services and court proceedings for individuals with limited english proficiency. we're working with other states on this issue as well. we are protected the rights of the diligence to worship and assembled in accordance with their religious beliefs. last week, we obtained a court order under the institutionalized persons act and the directing rutherford county, tenn., allowing -- a few weeks earlier, a grand jury indicted an individual from making a threat against that mosque. we aggressively enforce the rights to protect service members, filing 39 cases, which exceeds the 32 cases filed under the previous administration. we have obtained records released for service members who have been victims of unlawful foreclosures. we protected the voting rights of service members to the enforcement of the move act. we filed more cases in the 2010 election cycle than any other time in the enforcement. 14 matters, either lawsuits or settlements. this year, we have filed four more -- alabama, california, wisconsin, and georgia for noncompliance with the move and legislative proposal we have offered to strengthen those. i'm proud of these accomplishments, which represent only a small fraction of our work. these cases are about real people in communities who have been denied access to real -- equal opportunities. it is about the students in school district in minnesota, where a south philadelphia high school who were victims of pervasive bullying. when the basic rights of every parent and student is that their student should be safe in school and have a safe learning environment. as a result of our a landmark agreement, the students can now feel safe and focused energies on learning. is about helping the worker who was fired after telling her employer that was wrong to deny jobs to u.s. citizens and workers with permanent work authorization and give those jobs instead to people with temporary work visas. in some cases the weeks and opportunity for a few people. and others might be hundreds of thousands or more. this job is a sacred trust and i am proud of the work of the dedicated career professionals in the division. we have made great strides in expanded opportunity and a number of critical ways, but civil rights remains the unfinished business of america. we will continue to use all the tools in our arsenal so that all individuals enjoy the rights guaranteed by the constitution and laws of the united states. thank you for this opportunity to be here. i look forward to your questions. >> thank you, mr. thomas perez, and i appreciate your testimony. i will begin questioning by recognizing myself for five minutes. >> protecting the rights of those who protect us to vote seems to be something the american people strongly support. some states consistently failed to give balance to military members in the elections, systemically disenfranchising military voters, breaking federal law, and disenfranchising again those who protect us. in 2010, 14 states and counties that failed to get ballots out to their states deployed military. new york alone failed to meet the deadline for 43,000 military voters. the settlement doj reached the state's only perpetuated the problem, since they did not provide sufficient time for the balance to be received before the election and mailed back in time. worst, mr. perez, you have opined that ballots filled out after the election, which is when many military members received your ballot are invalid. this the administration has continued to disenfranchise voters. is that perhaps because the military tends to vote heavily republican? i would think you suggest not what is your staff doing to ensure all states is meeting deadlines for getting deployed military voters their ballots in time to come? >> thank you for your question. i categorically disagree of your characterization of the work we have done. when the move act passed in 2009 we immediately went to work off, and when you look at the work done in the play 10 cycle that was the most aggressive enforcement of laws protecting military and overseas voters in the history of our division. there were 14 matters we brought either through lawsuits or through out of court settlements. in some cases, there were dozens of people who were deprived, in your, as you correctly point out. there were tens of thousands. it did not matter. every military and overseas boater has the right to receive their ballots in a timely fashion, and we were able to get that released. we continued the work because this year we have already filed four additional lawsuits, and we'll continue to aggressively enforce those laws. after the 2010 cycle, we had a productive. in another committee of the house in which we debated lessons learned from 2010. >> what commitment to you give the subcommittee that you will take proactive action against jurisdictions who fail to meet deadlines for getting baluster deployed service members who requested them and are at the mercy of the state to receive them? >> we have been working proactively on the issue and we will continue to do so. we will also work in partnership with the voter assistance program and the department of defense, who plays an important role in ensuring that military and overseas boaters can exercise their right to vote. -- voters can exercise the right to vote. i completely agree with what you said, mr. chairman. this debate in this country, what we should be doing in this country is continuing to have this debate about the future of our nation, and then when we should be doing is making sure that every eligible person has the right to vote. that is why we put so much time into the move act enforcement, and when somebody says somebody is a republican or democrat, that is offensive, irrelevant, and it will not play into the work that we do. >> but there is a systemic issue. let me move on, if i can't i will read an opening paragraph from october, 21st, 2011 -- top justice officials invited invited islamist advocates who lobbied them for a legal definition of racial discrimination. the civil rights lawyers on top of the line. i say this with potter honesty. -- with utter honesty. i know they could come up with a way. to redefine criticism as discrimination says a female egyptian american lawyer, you then responded "we must continue to have the open, honest and critical dialogue you saw in a robust debate." perez responded, i have concrete thoughts in the aftermath of this." what were the concrete thoughts after the meeting with among others the leader of an unindicted co-conspirator organization, after sharing a blatantly unconstitutional proposal to destroy first amendment free right speech of americans by outlawing criticism may be religion? -- of a religion? according to the article, and no one at justice including you objected to this call to abrogate free speech. americans would be shocked to learn that you discussed ways to take away americans freedom of speech. will you tell us today, and i apologize for having to hurry, that this administration's department of justice will never again entertain or advance the proposal that criminalizes speech against any religion? >> i am not familiar with the context you described. >> you are not familiar with the meeting? >> i would need to read the article to understand the context. when i can tell you is the department of justice aggressively his forces all of the civil rights laws, including laws that protect religious freedom. >> point of order, mr. chairman. >> my time has expired could >> the gentleman state his point. >> we have not seen that article, either, and we think it behooves us before accusations are made, or at least the same time yet physicians are made we see the article, the context, and we are talking off. >> fair enough. i would place in the record without objection. the "daily caller" article. i will place that in the record without objection. with that my time has expired. i would recognize the ranking member. >> thank you. mr. assistant attorney general, the new york civil liberties union conducts an annual analysis of the new york's police apartment stop and frisk procedures. last year, the nypd stop and interrogated over 685,000 times, a more than 60% increase since 2002, when there were only 97,000 stocks. nine out of 10 people were innocent, and neither arrested or ticketed, and 85% were black or latino. they were the target of a hugely disproportionate numbers of stocks. -- of stops. past month, advocates and elected officials advocated for review of these policies. do we expect federal review of stop and frisk practices and of their alleged, and i was a definite and systematic violations of the civil rights of people in new york city? could we expect federal review? >> ranking member nadler, we are aware of those allegations. i was in new york and we have received requests to investigate this matter not -- and are in the process to review these requests. we have been at the police practice program. we more civil police practice investigations that are currently under way than at any time in our division's history, and i mentioned new orleans. >> i noted you mentioned new orleans. last december, members wrote urging investigation. >> i know that you mentioned new orleans. last december, we urged the investigation. do you know the time frame as to when we may hear about that? >> it remains under active review. i cannot give you a specific response date. obviously, there are a lot of components in the department. >> thank you. a number of years ago, four or five years ago, we held many, many hours of public hearings on the question of the renewal of the voting rights act, specifically section 5 of the voting rights act. some people said and the congress decided to the contrary that section 5 was not necessary because states and localities did not discriminate, and it was unfair in that it only covered certain local jurisdictions they stem their record is commission prior to the voting rights act and did not cover others. this was all ancient history with no current relevance. i note that there are a number of people saying the same thing again. of course, after those many hours of hearings we came up with a voluminous evidence of current discrimination and congress in both houses passed a renewal, and president bush signed it. could you comment on the current necessity of section 5, and on the fairness of singling out some but not all jurisdictions? >> sure. thank you for your question. at the outset of my testimony, i acknowledged on this anniversary of the ada important contributions of the former chair of this committee, and i have read his testimony in connection with the reauthorization of section 5, and if my memory serves me he said something like it was one of the most luminous records ever developed in his 25-plus year history of serving in the united states congress, and that record that the congress for early developed is a record the continues to be borne out. in short, section 5 continues to be necessary. i look at the time since last september, where we have interposed 14 objections, whether in the context of an administrative review process, or in the context of cases that were filed before a three-judge panel. some cases involved state-wide, and in some cases may involve local jurisdictions. it continues to be necessary. the other thing, congressman nadler, that is important to underscore, is that not only is it necessary, but if there is a jurisdiction that believes there is no longer a bailout -- i believe there have been 36 since 1984, and 18 have been in the last three years. >> i one more question. it is the 22nd anniversary of the enactment of the ada and i applaud the tremendous work for making it a reality. in the past several congresses there have been proposals that would require notification of public accommodations before bringing a lawsuit under title 3 of the ada. what is the justice department's position? >> as you correctly point out, we are very committed to protecting the rights of people with disabilities, however in those particular cases that are giving rise to that legislation, we believe that it would burden people with disabilities seeking full access to the courts. title 3 of the ada is the public accommodation provision, and as currently written we think it strikes the right balance, so this particular proposal is not necessary. >> thank you. i yield back. >> and now yield to mr. jordan. >> thank you, mr. chairman. i would be happy to yield to the chairman. >> thank you, sir. i apologize in trying to beat the clock. let me recap on that one. will you tell us here today simply that this is administration, the department of justice will never attain or advanced a proposal that criminalizes speech against any religion? >> as i said before, you referenced as context -- >> let me ask a new question. will you tell us that this is ministrations department of justice will never entertained or advanced a proposal that criminalizes speech against any religion? >> again, sir -- >> that is not a hard question. >> actually it is when you make threats against someone. >> i am asking you, will you tell us this department of justice will never entertain or advance a proposal to penalize speech against a religion? >> again, sir. if you have a proposal you are considering, we will actively review the proposal could >> ok, i'm asking that you -- proposal. >> ok, i am proposing that you answer this question. will you tell us the department of justice will never entertained or advance a proposal that criminalizes speech against any religion? >> again, sir, if you give us the context. >> i will not yield. >> you are not interested in an answer then. >> i if i rephrase the question coming you might get a answer. >> i appreciate that, but i will ask my questions, and you will ask your. >> i'm trying to get an answer to a fairly basic answer here. if the department of justice cannot answer the question of whether they will entertain or advance a proposal that criminalizes speech against any religion, then it is pretty late in the day. i will change questions here. mr. perez, this house passed the federal hit crime legislation in october, 2009. how many hate crime prosecutions has your division brought since the passage of the act? >> since the passage of the act, 11 cases have been brought, involving 38 defendants. 16 have been convicted. 22 are awaiting trial. >> all right. that seems to contradict information we got from cra. >> i'm happy to work with you to provide -- >> could you give us a report including ongoing cases including short summaries of each? >> i would be happy to do so as soon as possible. >> any estimation? >> again, we will do it as soon as possible. >> all right. i will tell you that our staff did get this information in advance of this hearing, and the doj representative said there were approximately 300 cases brought, but they refused to give the information to crs. this must be correct or incorrect information, but it is public record, and they urged us to ask congress to conduct oversight. that seems outrageous to me. do you think this was an approach response to that request? >> our staff would be happy to work with your staff. the hate crime prevention act is critically important. we have had many investigations. we are proud of those cases. we would be happy to work with your staff to get you the necessary information, so that you can make assessments based on the facts. >> thank you for coming, mr. perez. i yield to the ranking member of the full committee, mr. conyers. >> thank you, mr. chairman. i'm very pleased you are here, mr. assistant attorney general. i will yield to the ranking member of the subcommittee, jerry nadler. >> thank you. i want to rephrase the question the chairman asked differently. first of all, hate speech and hate crimes are different topics. i assume the department would make a commitment, that you are not going to offer a proposal to criminalize protected speech, criticism of the religion, or of anybody else, other than in the context of a direct threat. >> we will do this working the way that we have always in a way that is consistent with the constitution. >> which means you can not criminalize hate speech, other than with a direct threat of violence or something like that? >> as a matter of fact, the hate crime laws whether by force or threat of force in candidates or intends to intimidate someone on the basis of color, class. >> so, short of intimidation and threat of violence, you are not endorsing the concept that says you cannot criticize someone's religion or anything else? >> we strongly support the first amendment, and at the same time we strongly support the prosecution of people who used threats of violence to on their mind and tear to communities apart on racial lines, sexual orientation lines, religious lines. >> thank you, and i yield back. i thank the gentleman. >> you are welcome. this is an important discussion. we started off on this rapid- fire back-and-forth, and some of the finer and more substantive parts of what we are talking about get lost. i would like to talk to you about two areas in the few minutes that we have, for me, mr. assistant attorney general, this is an ongoing discussion that we are heading. i am not racing to get all of my questions into you. your office and the whole department have been available to me, and i assume other members of the committee, for whatever purposes that we want. this is not a race against the clock to see how many questions and answers we can get in in a five-minute period of time, when we are talking about constitutional rights. my subject issues, the boater issues, and the attempt on state levels about making voting more difficult. i would like to get your impression of what is going on in this climate leading up to the important november vote of 2012. could we discuss that a bit, and give me an idea of how you're part of the department and the whole department of justice is approaching this subject? >> sure. again, our philosophy and our approach here has been very straightforward. we want to enforce the laws, we are enforcing the laws and we are doing so in a fair and independent way. as i said to the chair before, there is a robust debate in this country, and we welcome that debate. that is the essence of democracy. we continue to have that debate and we make sure we do our level best to make sure every eligible voter on the first tuesday in november could cast his or her ballot and have access to the ballot, and that is why we have done more work than ever on behalf of overseas brokers. that is why when the facts call for them we will interpose objections on the voter i.d. laws in texas and south carolina because in our judgment the facts supported them. i agree wholeheartedly with the views of the former attorney general who talk about voter identification laws and said earlier this year the supreme court referring to indiana adopted the department's views that voter i.d. laws are not unconstitutional, and held many say flaws. the same time, the court acknowledged the undeniable fact that they could burden some citizens' right to vote. it is important for some states to implement and administer such laws in a way that minimizes the possibility, and it is important for the department to do its part to guard against this possibility. we will not hesitate to use the tools available to us including the voting rights act if they are used to improperly denied the right to vote out. i completely and utterly agree with him and evan bayh is our approach. >> i will contain -- and that in bodies of our approach. >> i will continue that discussion. >> thank you for your time. >> thank you, mr. chairman. >> thank you. mr. scott, you are recognized for five minutes. >> thank you, mr. chairman. mr. perez, when southern states hospitals were segregated, and were integrated because president johnson conditioned the receipt of medicare and medicaid on a policy of nondiscrimination -- is a policy of nondiscrimination without exception as a condition to receiving federal money still a good idea? >> i am very familiar with title 6 with prohibits nondiscrimination on the basis of race, color and national origin. we have a section that aggressively enforces title 6. >> what about religious discrimination? >> as we have discussed before, the administration continues to be committed to insuring that the partner with organizations in ways that are consistent with both the law and our values. we will continue to evaluate issues that arise on a case-by- case basis. >> was that a good idea or bad idea? >> we respect the judgment of congress and the enforced the judgment and laws and regulations that are in place. that is the job of the department. >> congress said it is a good idea to be able to discriminate. do you agree? >> as i said before, we had this conversation a few times, and we will continue to have this conversation. we will continue to make sure that we enforce the law in a manner consistent with both the constitution and our values. we will continue to evaluate these questions and they are undoubtedly important questions and challenging questions. we will continue to evaluate how the facts apply to laws. >> if a space organization were running a government program, -- if a faith based organization run a government program -- >> we have had many conversations with you about anti-discrimination laws and we have been forced cases involving discrimination based on religion and the employment context. and in other contexts. we have a case in arizona that we -- >> i am a little confused. can an organization have as an articulate a policy, we do not hire catholics and jews with federal money? >> again, we are having this conversation with you about how to treat the issue and insure that the partner with eighth- based organizations in ways consistent with all our laws and values. >> do the laws that you are enforcing prohibit discrimination or allow discrimination with federal money -- could an organization have an articulate a policy that we do not hire catholics and jews with federal money? >> every situation is backed specific. it brought civil suits in cases involving discrimination based on religion and we will continue to evaluate the specifics. >> in organization is running a federal program with federal money and has this policy. >> we will of valley with the full context of every case that we have -- we will a value wait the full context of every case that we have. when there is discrimination occurring, we will not hesitate to take appropriate action. >> isn't it true that your policy is that a faith based organization can have an articulate a policy, we do not hire catholics and jews, and still receive federal money? >> we make the pro prejudgment in that particular case. >> are you ashamed of saying yes, they can in fact it discriminate legally with the laws you are enforcing? >> every case is fact specific. when the chairman asked about cases, every case is -- >> what is the barrier to discrimination by a faith-based organization. what law prevents them from discriminating? well law can you apply that prevents them from discriminating from having an articulate a policy, we do not hire catholics and jews? >> we would have to look at the circumstances to determine whether an agency of that particular office might be able to take a look at that or whether there is a lot of more general application. -- a law of more general application. >> thank you. i recognize the gentleman from iowa. >> thank you, mr. chairman. mr. perez, i cannot help but reflect back on some by laws that took place in this committee when he asked the gentleman from virginia, is there a particular christian way to ladle soup? i thought yes, there is. i know that he takes that in the vein is delivered. i would like to take this to the opening video that you viweed -- viewed. and the statement that it there is voter i.d., then ghani went the presidency. what they're really says is if you have a legitimate election where you have a higher assurance that the people going to the polls are actually american citizens, then the republican side of his wins and the democrat side loses. that is how i heard and saw the video. that is my statement. i will not ask you to comment on that but i would ask you to comment on something else we have seen. that is the video of the he is asking for the attorney general is as valid. did you see that video? >> no, i have not. i have seen the newspaper, but not the video. >> does it trouble you? >> i believe it is in the district of columbia. >> i would happily correct that detail. does it trouble you that a young man can walk in and be offered a ballot of the attorney general of the united states? >> what is interesting about it is that the individual did not vote. what is the extent of voter fraud in the u.s.? in the context of the litigation -- i cannot comment to double much -- >> i know why he did not vote. he did not want to break the law. there are a lot of individuals out there who do not mind breaking the law. maybe they do not understand it does violate the law. if they are given a little check the box, are you a citizen? maybe they cannot read it in whatever language it is offered in. we are seeing voter registration fraud. we are seeing voter fraud. there are thousands of who voter fraud registrations. that is pretty criminal. none of them actually voted. we have evidence to the contrary. do you know donna brazil and? >> i do not know or personally. >> she was managing al gore's campaign. >> i do not recall that. i have no recollection. >> i recall the statement when it was pointed out to her that her campaign was down four points or so in the polls. this is from memory. her answer to that was, i am not worried about being down four points in the polls. i can pick up six points in the streets. i had to think about that when i saw the video. he sees the world from an entirely different point of view on this subject. we are interested in legitimate voters. there is a bed rock underneath our constitution. america's confidence in legitimate elections. if they believe it is legitimate elections, they will have confidence in them and it said the decisions made with this constitutional republic that we have. the secretaries of state around the country that are working to try to clean up the voter registration rolls. the systemic in an entitlement that is by law to be provided to them. they are looking for a recommendation, predicted the by i love. will you make that available to my colleague who has been working legitimately? >> i understand it, dhs and -- >> the past it over to you. >> i said i understand the program, it is a dhs decision. >> the clock is running down. they have said that they are looking for guidance from doj. isn't that you? >> i would like to see that they are looking for guidance. in the state of arizona, we pre- cleared an arrangement about six years ago so that the state of arizona is making use of the st. database and their verification process. -- saved database and the verification process. they do so in a manner that impacts are implicates the voting rights law. >> could do list any reason that have thatat doesn't list to provide legitimate elections? can you imagine any reason why in the department of justice would recommend to the homeland security not to provide that list? >> as i a understand that process, the key thing is -- and arizona does this -- you need the requisite underlying data, including alienation -- alien registration. >> can you cite the statute? >> again, the department of homeland security is a department that administers this. >> i understand. they look to the doj for recommendations. >> if you do not collect the requisite data, the database is useless. >> please finish that answer please. are you finished? ok. >> in which case, this has been passed back and forth between dhs and doj for too long. >> i thank the gentleman. without objection, they will have five days to subject additional questions to the witness. it will be forwarded. we ask the witness to respond as partly as a cancer of the answer may be part of the record. without objection, all members will have 5 legislative days in which to submit additional materials. with that, thank you to everyone to coming to the hearing. . together with two of their five sons, they own 300,000 laying hens, and the market 6 million dozen eggs per year. and believe it or not, this is not a big operation. to the south, amon and one of his sons are partners in another farm. and not to be outdone, one of his 14 siblings, three of amon's brothers are also forming in the red river valley region. you cannot get any more farm family then -- than amon. mr. baer, if there was any more family in your operations, we may have trouble fitting them in this room. welcome. >> welcome to each of you. good morning. >> my name is david lathem. i am chairman of the united egg producers. we represent -- >> either the microphone is not on, or move a little bit closer. we want to make sure everyone has a chance to hear you. >> is that better? >> that is better. >> ok. will represent 19% of all eggs -- 90% of all eggs sold in the united states. we manage almost half of the nation's laying hens. we support the bill and we appreciate the committee having this hearing. i believe the long-term viability of my family farm is in jeopardy without the bill. we cannot set up different production systems to meet conflicting standards in every state. we need production standards for everyone that are fair for everyone. senate bill 3239 allows us to take charge of our own destiny. this bill has the overwhelming support of our industry. not unanimous -- because nothing important dissever unanimous -- but overwhelming. we are living in a time when the american public is interested as never before in all food is produced and where it comes from. we could see this as an opportunity rather than a threat. we believe senate bill 3239 represents a single future for all of us, but we are not the only ones. we have the scientific support of several professional societies. it has the support of the national consumers league. ag producing groups at the state level have come not in support from the farms and unions. if this bill has wide support. however, some to oppose it. i would like to explain why we disagree. some simply attack the humane society of united states. they say you can trust hsus. it is no secret that our organization and theirs have been adversaries. we have disagreed on animal welfare issues for years. they realized that we did care about the welfare of our hens, and we realized that they did care about the survival of our farms. so, we began to do work, like everyone says you should do. look for common ground. seek compromise. the main thing some people have against us -- look for common ground -- weekly guilty to that charge. opponents of senate bill 3239 say this represents a slippery slope precedent that will inevitably force other animal industries into similar standards. this is not true. there are two basic reasons why. first, we're all here because we as producers want this agreement. if hsus were for the agreement and we were against it, i do not think we would have this meeting here today. if we do not want a settlement nothsus, -- with hsus, is that going to happen. the slippery slope argument suggests that regulators are incapable of making decisions between commodities. it is completely at odds with what congress has done over the years. congress has always looked at each commodity separately. you do not legislate the same program for cotton as you do for peanuts. there are price supports. eggs have always been regulated differently from other animal products. the food and drug administration has a separate standard of safety for our farms, but not for beef, pork, or turkey production. usda has a penalty for eggs, but not for other livestock species. by contrast, usda packers and stock yard act applies to beef, and pork, but not to eggs. the slippery slope argument ignores this clear history and replaces it with hypothetical fears. the reality is congress has always made distinctions. i hope he will forcefully reject this argument. madam chairwoman, i genuinely believe the survival of my farm and other farms are hanging in the balance. we need senate bill 3239 in order to provide a fair operating environment for all farms. thank you for letting me speak today. >> thank you very much. mr. benson, welcome. >> thank you for having us here, senator, and other senators. in here representing j.s. west & companies from modesto, calif.. we are family owned and operated. and third and fourth generation. we believe by providing the highest quality products to our customers -- for example, up watching -- providing high-quality retirement benefits to all of our employees. you have seen the inconsistent animal welfare statues that began with prop 2 in california. i have always believed the marketplace should make decisions their consumer demands and preference. the dilemma we face today is that consumers will vote with their hearts and buy it with their pocketbooks. we need a set of standards. we are willing to produce competitively as long as the rules are clear and fair. in here and support of the bill that are senator dianne feinstein has sponsored along with 15 of her colleagues. we're very proud of her work as a champion of our industry. i would like to spend my brief time talking about the system that will become a national standard once the bill stand -- once the bill passes. we would make a multi year transition. at j.s. west, we have installed two production houses with this system and have taken a flock through the complete cycle with two more flocks currently in production. if you want to know what it looks like if it passes, you can watch our web cam at jswest.com to look at our hens live and in real time. this is not an experiment, this is the standard in the european union. not many of these systems are in place in the united states. what exactly is it? larger than the conventional inclosure. in our case, each colony contains about 60 hens. each is furnished with a nest box, purchase -- perches, scratch areas. you can see an example where these hens have perches. this photograph was taken out of our hen system blog. results of an encouraging. and mortality is lower. the small proportion that have died is smaller than in other systems. food consumption is a little greater, but we think that is because of the higher activity levels, and the birds definitely use the enrichments. senate bill 3239 provides for a multi year transition to the new systems. that being said, more than 80% of equipment being used today is capable of conversion to the system. that means senate bill 3239 will not require producers to make a capital investment they were not already willing to make, albeit at a higher level, before. if you really believe that you can maintain the current conventional cage system forever, there is a cost to enriched cages. in california, we're pretty sure that is not case. if we cannot gain a consensus in favor of this enriched colony system, the future will lie with those egg producers that have the highest density of hens per square foot in a state where no rules exist and little concern is given for society's standards on hand welfare. i am convinced this colony's system and the standards that support it are the best compromise for the future of our industry. the system has better animal welfare and efficiency than cage free or free range and reflects the best standards for egg production moving forward. i salute hsus for their openness and willingness to compromise on this issue. they recognize that you can improve animal welfare within the context of an economically-sustainable cage system, if designed right. it does make sense. the national welfare system that treats everybody the same and reflects our country's ideas of fairness and humanity -- that is what is required here and that is what senate bill 3239 provides. thank you, senator. >> thank you but very much. welcome. good to see. >> hello. thank you for the chance to testify today. my name is greg herbuck. our family farm faces the same challenges as others. grain prices have soared across the nation. the situation i will describe to you today is more serious for us. over the years, we have tried to meet the needs of our customers. we have been part of the growing organic egg industry and to partner with 20 other farms to supply a wide range of eggs through different production systems. we also use conventional eggs. there are good reasons our industry moves in this direction. animal health, protection from creditors, and economic efficiency. however, we alert consumers and voters do not make decisions based simply on science. most are several generations removed from the farm. they are our customers. if you don't listen to your customers, you're headed for trouble. we got a dramatic wake-up call when california voters passed proposition 2 by a two to one margin. other states move to establish their own standards. madam chairwoman, we are aware of our state of michigan was one of those. in a few years, and farms in michigan will be required to provide it -- to provide twice as much space. we have a patchwork of state animal welfare laws that are inconsistent and unworkable. these laws will not just affect producers in those particular states. this means if a farmer -- a farmer in iowa will have to comply with california standards because a number of eggs sold in california come from iowa. this helps you understand why we have a problem. eggs move across state lines every day. this is on you our business works. all states are either in surplus, meaning we produce more eggs than the population consumes, like michigan, or in deficit, meaning that most farms are incapable of producing what the state consumes, like new york or south dakota. our farms cannot maintain a separate henhouse standard for every state where we want to sell eggs. and yet that is where we are headed with the patchwork of laws that keep passing. michigan is differ from ohio which is different from washington, which is different from california. it actually gets worse. will serve as major grocery outlets. it would be an impossible task to keep track of which eggs were produced in which state. you can see we're on our road to chaos. i also urge you to examine the house version of the farm bill. there is an amendment that encourages the exact opposite of a national standard. if herbuck's has to adhere to a standard in one state and others to not, this will mean it death for our family farm. unfortunately, the private sector cannot alone solve this problem. we cannot avoid the threat of future ballot initiatives, and 24 states have them. we are convinced the only solution to this problem is a national production standard come up as contained in senator feinstein's bill 3239. it is essential that this legislation be passed as quickly as possible so we can stay in business. thank you. >> thank you very much. mr. baer, thank you. >> thank you, madam chairwoman. thank you for the opportunity for me to be able to testify today. and farmers of america, but the association of over a dozen operations -- senator roberts did a very good job of introducing me, so i will not introduce myself. thank you. we have five primary reasons we are opposed to this bill. this bill will essentially kill the small family and former. this bill will result in the dramatic increase of cost to consumers. this bill is not necessary. he will be establishing a precedent that could affect all livestock industries. and 3239 is not justified by science. egg production is a cyclical, high-volume, low-margin business. this bill will benefit the mega operations to the detriment of the 1800 other family farms. the experience of my nephew is an example of why this is the case. he just installed new housing, investing almost $2.5 million. that equipment system has a useful life of over 30 years. if this becomes law, he will be required to tear all of that equipment out and essentially start over, just as he's getting his first set of equipment paid for. his replacement then to maintain his current production standards would be almost $5 million. there is no way that young man will be able to raise that kind of money in 18 years. cost to the industry -- in 1999, the european union issued a similar directive to require farmers to enrich housing over 12 years. as predicted, many closed operations due to the higher capital investment required. european consumers saw supplies dipped by 20% and prices soar up to 55% higher. we can expect a similar result in our country. by 2029, at 65% of production will still be in conventional cages at 67 inches. this lot is unnecessary. today, any producer who wants to produce eggs has the freedom and the ability to do so. they do not need a federal law to require this at this level. the law is required to force the small farmer out of business so there is less production. it sets a bad precedent. as a lifelong board member, i am sympathetic to the unfortunate situation faced by the egg farmers in california. eric benson mentioned a lot of money was spent. my family spent millions of dollars to california farmers, trying to be proposition 2. i agree with the california congressman whose said regarding the farm bill "we have a terrible situation created by the voters of california with this a good situation. now that i am a retiring member, i can say i do not always agree with what the voters do." i certainly agree with that congressman. after the 1999 ue directive -- no study has resulted in an increase in food safety. in addition, the u.s. department of agriculture studied last july and found no single housing system gets the highest court on animal welfare parameters. the american veterinary medical association issued a statement that "each of the additional features in the colony as the potential to malfunction, causing injury, harboring disease factors." before concluding my remarks, i would like to state for the record, i personally oppose this legislation and i and others have received threats. we are evaluating those threats with lawyers and law enforcement officials. i wanted this record to reflect our concerns so this absence is not used against us in later legal proceedings. thank you, madam chairwoman for your time. >> thank you very much. we will move to questions. could you respond a little bit more to the challenge of patchwork state regulations in michigan? in michigan, i know they have standards. they have a voluntary effort. why can't we just do this voluntarily as opposed to what's happening and how it affects the management decisions for you as an egg producer looking at the patchwork of different regulations across the country. >> as a mention, we started in roughly 30 other states. with this expanding of state standards, we will have to have a chicken house for every state. it is impossible to manage the type of operation. as well as getting aids through a system. what it takes to keep track of ohio eggs. -- as well as getting eggs through system. if it is a warehouse, they will say, this has to go to ohio or west virginia or michigan. that is a patchwork to make. >> thank you. and you really have been at the forefront of the pro-active reaction to consumer interest. we appreciate that. mr. lathem, could you talk about the prices of eggs? what will the consumer level impact on egg prices be, and are there provisions in the bill to ensure that egg prices do not dramatically increase? >> of course, egg prices always fluctuates. the last two years, eggs have been as cheap as 75 cents a dozen. today, they're probably $1.60. as we know, corn and soy have gone very high. we will always have our crops. we did do a study. the work they did shows that over 18 years, there is only about 1.1 cents per dozen. even when we get through that phase in period, we are talking and 9 cents per dozen when everybody is in enriched cages. we think that is a reasonable number. id is less than a 5% increase. we think that is very reasonable. >> can you speak to the price increases in the european union and what you have experienced? >> it definitely. we have done a lot of work on this legislation. one of the things we wanted to do was in sure we did not have what happened in europe. so, we have a phased in, tiered approach where we raise the square inches per chicken. europe did not do that. europe had one final day you had to go from existing houses to new, enriched housing. our legislation as much, much better, more thought out, better planned. >> thank you. talking about the differences from the standpoint of a producer, when you look at things like the depreciation schedule and so on for the traditional hand cages, what provisions are in the bill to make the transition compatible with what you do in the normal course of business as to make decisions? >> we have a couple houses on our ranch. my cousin put them in in 1992 or 1993. the equipment in those houses is in desperate need of replace right now. we do not know what we can put in there, but that is probably the uncertainty issue. they last about 20 years. the legs of the bottom of the cages is starting to rot away. where the eggs rollout from the hens is getting more weighty than it should be. the belt feeder that goes down is going up and down. and that was good quality equipment that we purchased. from our experience, we've got to do this in 20 years. the equipment is not efficient. today's equipment is better. is designed stronger. is designed to last a long time. but once again, beyond 20 years, i do not think it is practical. we need to do it anyway. as far as depreciation schedules, a lot of people are like, what does this cost? our operating costs are very similar to what we have today. it will cost a little different. you know. possibly there will be a little higher feed costs. at some point, you're going to have to goat some capital. >> thank you very much. senator roberts? >> amon, did anyone from u.e.p. contact you, let you know they were negotiating this agreement? >> as a board member, i was notified. but the membership as a whole was not notified about the negotiation of this. i have a brother who's been a member for 20 years, and he knew nothing about it. >> after the deal is reached, were you ever formally polled? >> i'm sorry, somebody coughed behind me. >> that allowed. [laughter] >> i'm getting old. my hearing is not good anymore. >> well, that's allowed, too. [laughter] >> were you asked to support this agreement? >> no. the membership was never asked to vote on this. the only votes taken were board members. >> of the federal government mandates the standards come up what will happen to your business? i think you answered that with your nephew who has expanded $2 million to basically modernize his operation, and you're indicating it could cost him $5 million. folks may say my right, your left, but they have 18 years to do it. >> my son is also looking at taking over my operation. i would like to sell it to him. my nephew put in equipment to produce eggs at 67 inches. if my son takes over my operation and puts more equipment in, he will have to produce eggs at 90 square inches, 102 square inches, 120 square inches. because he is starting two years later, he will be locked into a more inefficient egg production system that costs more per doesn't then his cousin, and he will be competing with his cousin at a 4 cent disadvantage for a four-year period. my son will not be able to take over my operation with that kind of cost efficiency. >> you not only are into egg production. you have a very diversified farming operation. do you have concerns a regulation like this will just bring more consolidation in what is a very consolidated industry? >> absolutely. my son as a prime example. he simply will not be able to borrow the money to put these new cages in if he has to be at a competitive disadvantage with 70% of the industry. >> actually, that was another question that i had. >> actually, that was another question that i had. how are folks responding? do you get along with the folks on your right? >> i have a lot of respect for them. on this issue, we disagree entirely. >> you raise hogs. you mentioned you were worried about the precedent this legislation will said. will you talk about your concerns? >> yes, proposition two not only covered laying hens, but also hog gestation stalls, and the same issue is being played out. if congress starts the process of regulating on farm production practices, i do not think the animal rights groups or anyone else advocating for that will stop. they will continue to advocate and end of the federal government set standards for all livestock. >> mr. lathem, uep controls 90%, right? they said welfare standards. >> correct. >> if you control 90% of the market and have a welfare standard that should be available knowledge to all consumers, why the need the federal government to set a new standard? >> what we found out is the public is interested in our industry like never before. we have an excellent program. it has been very well accepted. when we see now is that consumers, through ballot initiatives, customers developing their own plans -- we see people want to be involved in how their food is produced. what we need is a consistent level playing field, everyone on the same program. it is not right for some producers to stay in business while others go out because they live in the wrong states, or a lot of the drop. we feel they should be produced humanely. the main thing, is this something we can all live with. >> if this bill were enacted and cage sizes are increased, what is the benefit to human health from the food safety standpoint? >> excuse me. would you repeat that question? >> if this bill is enacted into law, what is the benefit to human health from a food safety standpoint? >> well, we serve very safe eggs today, the safest have ever been, and i do not see that changing. we have eggs and we will continue to have safe eggs. >> the proposed rule calls for 116 square inches. why are we considering a law that calls for 144? who decided on this number? how do you know this is exactly the right number? >> it is actually 124 inches. the other number you quoted is for brown hens. this is not a new system for here. we have relied on them, and their number is 116, and we decided on 124, which is close to the 116 number which side supports. >> you commissioned a report that says the investment cost for enriched cages was $24 per hen for new construction, $20 per hen for renovation, plus another dollar for hen for purchase and scratch pads, so that would equal roughly $8 billion to convert u.s. egg laying houses over to the enriched system. is this argument in favor of the bill that no one will notice such a dramatic cost increase if they are spread out over several years? and as a billion dollars. that is a lot of money -- that is $8 billion. that is a lot of money. >> that is on the high side. i do not come up with that figure. >> what do you think? >> i think it could be as high as $6 billion, but it is important that you realize that we will probably spend $3 billion anyway, so the incremental cost will be closer to the $3 billion, and when you spread them over the number of eggs, it comes up to 1.5 cents per dozen, and approximately 9 cents when we complete the transition, about 5% of the cost of one dozen eggs. we think it is reasonable when the end -- at the end of the day all farmers are here to appease the public. we have to listen to the public and we hear what they want. >> i cannot say, senator roberts, that our experiences around those numbers. $20.50 is the bid that i got to replace the equipment, and 24 is right, to build from scratch, but we do not plan to spend it all right away. >> mr. benson, let me see if i have that right. you indicated that costs are stable, and as a consequence you could figure out what happens in 18 years. you are aware of the drought going on here, north dakota, down to texas, the second year for kansas. we pretty much burned up, and cattle and poultry are affected dramatically. i would expect that the consumer applications, while not immediate, over the next year could be considerable. i said could be. we do not have all of the usda figures. the chairwoman and i are very concerned about. he did not know what is when you have been in regards to your cost of -- you do not know what is going to happen in regards to your cost of production. >> well, i think the feed is one of our biggest costs, and yeah, that is a real uncertain portion of what's going to happen going forward, but we live in a very competitive marketplace, and i know that the 5% we're talking about or that we talked about in the study over an 18-year period is a fairly low number compared to the amount of money -- or the amount of prices of eggs that have gone up and down over the last couple of weeks. these short-term fluctuations are one thing. the long-term trend has been toward better technology, efficiency, and more room for the hens. it is how long the equipment less, 18,-20 years, the we are aware of the longer term trends, and quite frankly, if there is money, people will expand production. >> i think they have talked about the situation in that e.u. when you implemented this, and that was a 13-year phase-in . they waited until the last minute, typical with regulation in the business community, egg prices soared 55% to i hope that does not happen in the united states. >> thank you. before concluding the hearing, i would like to ask each of you with the biggest challenges are for egg producers in the united states and what you see as the future of the industry over the next 20 years. mr. amon baer, would you like to talk about what you think the challenges are? >> i think the short-term challenge will be a feed cost, as senator roberts explained. who knows where they will end up at, and it is 60% to 75% of our total cost. on a long-term basis, there will be consolidation. this bill would accelerate that. it is much easier for big operators to convert small percentages of their farms over. that works to the detriment of individual family farms, like my nephew and my son, who when they make the conversion, they have to do 100% of the conversion right now, and that is why it does not work for the small family farmer. other concerns, long term, certainly, is the active as an from animal rights advocates and all of the issues that surround that. thank you. >> ok. mr. herbruck? >> yes. prices are going to be impacted, but that's going to be impacted whether we have a conventional or enriched case. really, the biggest concern is uncertainty. we have family. we hope to have a business we can share with our children and grandchildren for the future. as i mentioned, in michigan, we are in a tough spot. if we do not do something to change the path, we will be significantly on profitable and not competitive because of our peers in neighboring states do not have to do things, and we do have to follow a standard that doubles capacity, our customers love us, but they will move on. the uncertainty -- that is why we need the certainty to make plans for our future. >> thank you. >> i am afraid he took my major point, it is that uncertainty, especially in california. it is not just the various rules that we have for the various states. it is also the way they will be interpreted, and the uncertainty we have and whether we are planning on doing complies with initiatives from various states. if they are not clear, much less if there is a level playing field, we did not know what we are doing going forward, and that puts our family in a difficult bind. >> thank you. mr. letham? >> i would say they stole my point, too. that is why we are all here. we are unified. we do need to know that we have the future. we need to have a level playing ground. the number one thing that scares me is what kind of house do why build will not be able to ship eggs will somebody from iowa ship eggs to georgia because they cannot go to california? we as farmers and producers, our jobs are to look at the consumers and do a good job to produce abundant food that is safe. that is what we want to do, but we deserve and want a level playing ground. that is why we are here today. >> thank you very much. thank you to each of you. this is a challenging issue because of what the states are doing. i know what you are talking about, mr. herbruck from the michigan standpoint. mr. lathem, you talked about coming together with differing views, and folks normally not on the same side coming together and finding common ground. we are used to doing that in this committee. that is how we got a bipartisan farm bill. we are proud of that and how we were able to pass it in the senate. i am hoping we will be able to come together and find common ground on this very important issue for egg producers around the country. >> it is important, and we do appreciate that. >> thank you. the hearing is adjourned. [captioning performed by national captioning institute] >> the commission on presidential debate has announced the format of the fall presidential debates. the first is at the university of denver, october 3. it will focus on domestic policy. the second debate at hofstra university in new york will be a town hall meeting style and include both domestic and foreign policy questions. the final debate is exclusively on foreign policy and takes place october 22 at lynn university in boca raton, florida. for more information on c-span's road to the white house coverage, go to c-span.org/campaign2012. >> this weekend on "american history tv" -- >> before we begin to open up the discussion, i want to ask this -- what exactly is the nature of the clasp between macarthur and truman? is this a clash over policy? is this a problem of personalities center >> from lectures and history, truman and macarthur, the johns hopkins professor on the relationship that led a president to relieve a general at the height of the korean war, saturday night at 8:00 eastern and sunday, more from "the contenders," our series that looks at key political figures who ran for president and lost, but changed political history. this week, illinois governor adlai stevenson once said he had a bad case of hereditary politics. his grandfather was vice president under grover cleveland. his great-grandfather was first to suggest abraham lincoln as president, and he ran twice against eisenhower. "the contenders" at 7:30 eastern and pacific. american history tv this weekend on c-span3. >> health and human services secretary kathleen sebelius and attorney general eric holder yesterday outlined details of the government's new partnership with private insurers and state investigators to try to prevent medicare fraud. this is about 15 minutes. >> we're here today to lanche a new kind of partnership, bringing the federal government , private health insurance organizations together for the very first time to prevent healthcare fraud on a national scale. this is just the latest milestone in our coordinated campaign to stamp out fraud in the healthcare system. when president obama took office, he asked attorney general holder and me to make this a cabinet-level priority. we gave that effort a boost in 2010 with the affordable care act, one of the strongest healthcare anti-fraud laws in american history. the law provided us with new resources and new tools to help law phone rsment with criminals and establish tougher sentences for those who get caught. we've also developed new tools to analyze claims in real time so we can spot bad actors and phony claims before they do major damage. in the past, too often we at the government followed the pay and chase model, paying claimed first and then only later trying to track down the ones we discovered to be fraudulent and the money was already out the door. now we're taking away crooks' head start, and we're using technology similar to the ones that credit card companies and many of you have used to identify suspicious activity as soon as it happens. since we thut the system in place, it stopped, prevented, or identified millions of dollars in payments that should have never been made. and because the system is designed to get smarter over time, as it analyzes more data, we're going to be more effective in the future. and that's why the partnership we're launching today is so exciting. over the last three years, we've stepped up both enforcement and prevention, stopping any bad claims early, and saving millions of dollars for taxpayers. but we know that fraud is taking place across the healthcare system. with many private insurance companies facing the same challenges that we do. in fact, lots of the fraudsters have used our fragmented healthcare system to their advantage. for example, a bad actor may bill medicare for eight hours of care one day, and then simultaneously bill insurance companies each for eight hours on that same day. seen separately, those seem like legitimate, realistic claims. but sharing information across payers, we can bring this potentially fraudulent activity to light so it can be stopped. public and private payers alike, we all have a stake in making sure cheaters don't undermean our healthcare system. so we've each made great strides to protect our programs from fraudsters. but as criminal schemes grow more and more sophisticated, we recognize our efforts must evolve as well. so by sharing strategies and presenting a united front, we can all go much farther towards stamping out healthcare fraud than any of us can do on our own. again, i want to thank you all for your partnership on this historic day. we see this as just the beginning of the new front, an opportunity for us to develop creative ways to share information and data about fraudulent schemes, as well as nationwide trends and patterns found in fraud and abuse. the collaboration allows us all to get the proper payments to the right providers more effectively while making sure no money falls into the hands of crooks, and that will ultimately mean more resources for better care, which is something we all want. now i'd like to turn things over to my great partner and friend, attorney general eric holder, who co-chairs this anti-fraught effort with me. general holder? >> good afternoon. it is a privilege to join with secretary sebelius, the president of american's health insurance plans and leaders, really from across the administration and healthcare industry. it's a critical step forward in our nation's fight against healthcare fraud. i especially want to thank president obama for his commitment to this fight and for the leadership he has provided in establishing the fraud prevention partnership. through this historic new partnership, government leaders and private sector experts will come together as never before to share information while protecting patient credibility to seek out and implement the solutions that we need. we'll work to develop and disseminate best practices, to educate consumers on ways to identify and stop fraud, and to establish an open, ongoing dialogue about emerging trends and evolving threats throughout the national marketplace. now, as secretary sebelius mentioned, sharing claims and healthcare data across the public and private sectors are extremely clear and have been widely recognized since the passage of the health insurance portability and accountability act back in 1996. under this administration, federal leaders have worked tirelessly to enhance data sharing between federal partners and our private counterparts. we have succeeded in strengthening the cooperation between public officials and private organizations in this and other areas, and through these collaborative efforts, we're taking a prevention and enforcement effort to new levels. but the reality is we have more to do. this new partnership will allow those on the front lines of industry anti-fraud efforts to share their insights more easily with investigators, policy makers, and other stakeholders. it will help law enforcement officials utilize cutting-edge technologies to more effectively identify and prevent suspicious activity. then to safeguard precious taxpayer resources, and it will enable federal officials to use the full range of tools and authorities provided by the affordable care act and other essential statutes to combat illegal actions and bring offenders to justice. now, perhaps most critically, the fraud prevention partnership will help to extend the extraordinary and really unprecedented record of achievement that this administration has established in combating healthcare fraud. shortly after taking office, president obama signaled his strong commitment to this work, and secretary sebelius and i pledged to make it a cabinet-level priority. as part of this promise more than three years ago, the departments of justice and health and human services launched a joint initiative known as healthcare fraud prevention and enforcement action team, or heat, to strengthen federal, state, and local partnerships. since we convened the first summit in january of 2010, private-sector partners, including some of the leaders who are here in this room, have been an indispensible part of these efforts. over the past 2 1/2 years, we've traveled to fraud hot spots across the country, meeting with local leaders, raising awareness, and learning about common fraud schemes and bringing additional stakeholders into this work. thanks to the heat medicare strike forces and the hard work of u.s. attorneys and teams of federal agents, investigators, and prosecutors nationwide, during fiscal year 2011 alone, healthcare fraud enforcement actions by the justice department and by h.h.s. recovered nearly $4.1 billion in cases involving fraud on federal healthcare programs. now, this was a new record. i'm especially proud that over the last three years, for every dollar that we have spent fighting against healthcare fraud, we've returned on average $7 to the u.s. treasury, medicare trust fund, and others. it's clear our approach is working and that our investments are yielding really extraordinary returns. but as today's announcement proves, this is really only the beginning. this underscores this administration's determination to build on our most successful efforts by expanding engagement with industry leaders and experts and by working with them to hold criminals accountable and to seek justice for healthcare fraud victims. and i'm confident that this new initiative will strengthen our ability to protect the american people from many of the healthcare fraud schemes that can devastate lives, that can undermine the integrity of our healthcare system, and that drives up the cost for all consumers. this work has never been more important or more urgent, and the national scope of this problem means that we need all hands on deck to address it. fortunately, our determination to tackle the problem of healthcare has never been stronger, and that's true for every member of this administration and for our industry partners in and beyond this room. on behalf of secretary sebelius and our colleagues, and on behalf of preeb, i'd like -- and on behalf of president obama, i'd like to thank them for their outstanding contributions. i look forward to where our joint efforts can and surely will take us from here. now i'd like to turn things over to another key leader in this work. >> thank you, attorney general holder. i want to begin by thanking secretary sebelius and you for the terrific leadership on this very important initiative and also to acknowledge the members of your team, your respective teams that are here that played a very important role in this initiative. it's an honor to be here at this historic launch and to be able to give voice to my distinguished colleagues here and at home. they've been trail blazers in the effort to detect and shut down fraud. this is an unprecedented national collaboration. it's a crucial step forward, and we will open up new approaches, as both of you have said, that have not been previously available. and secretary sebelius, you said fraudulent actors don't decide to participate in either public or private programs, they participate in both. in working together, it will allow us to do four things -- share information, identify fraud early, weed it out more quickly, protect patients from being at risk for inappropriate, substandard or wrong care. help plans to develop cutting-edge technique to prevent fraud and shown impressive results around the country. we've set up disciplinary units which include clinicians and cat aspecialists that work together to work together to use sophisticated data mining to determine where to look, where to start. intervene early and preventively, and secretary sebelius, as you said, that's, in our view, the name of the game here, to intervene early. this approach has been powerful in preventing fraud from occurring in the first place, rather than trying to chase after it has occurred n. our view, we're doing this and all of us now are working together to do this because the cost of fraud is far more substantial than the matter of claims t. can cause real harm to patients who have been intentionally exposed to radiation, invasive surgeries, and medications they don't need, or suffer the lasting consequences of receiving fraudulent diagnoses that either they never find out about or follow them for the rest of their lives. so, in our view, this partnership will be better than the sum of its parts. in an effort that's coordinated and organized across the public and private sector, it's a double threat to perpetrators, because the partnership opens up a new front in fraud sighting. it sends a message that it's just gotten a great deal harder to prey upon the public. this is a national partnership that creates a bridge to a new era of collaboration and cooperation, based on best practices and tools of both the public and the private sector. we know that where law enforcement has partnered local well health plans, there have been terrific results, and we're confident that we'll produce results in more detecks, effective prosecution, and send a strong message to perpetrators. our community, represented around the table with such distinction today, is honored to roll up its sleeves, get to work partnering with h.h.s. and the justice department and show results. you both made it possible for the best and the brightest in both sectors to work together. we congratulate you on the development of this effort. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2012] >> up next, laura bush. and on "washington journal," a discussion on americans with disabilities, plus politics and the economy live at 7:00 a.m. >> this weekend on book tv, frederick harris argues that barack obama's election victory undermined the civil rights movement that made it possible. that's followed with vanity fair contributing editor edward klein with a look at the president before and after he reached the white house, from his