Brian Higgins on Environment Democratic Representative (NY-27)

EPA must protect the Great Lakes from pollution

Voted YES on $2 billion more for Cash for Clunkers program.

Proponent's argument to vote Yes:Rep. OBEY (D, WI-7): The cash for clunkers program has proven even more wildly popular than its strongest supporters had predicted. Just last month, Congress passed the program, which provided up to $4,500 if you trade in your old gas guzzler for a new car that gets better mileage. That was done in the hopes of spurring some new car sales and encouraging people to be a little more environmentally friendly. We provided $1 billion in the supplemental to get it going, enough for about 250,000 sales--which was just about exhausted in one week. This bill transfers $2 billion from the Department of Energy's Innovative Technology Loan Guarantee program, which doesn't expect to award funding until late next year.

Opponent's argument to vote No:Rep. LEWIS (R, CA-41): In the majority's haste to slam legislation with no time for consideration or amendments, we are now seeing the effects of such shortsighted martial law tactics.

Senator Feinstein tried to negotiate some changes to improve the program but was told that it was this way or the highway. Not one hearing on the Cash for Clunkers program, not one hearing on how the first billion dollars has been spent, not one hearing on how much money the program will need to get through the fiscal year.

Many of my colleagues will say, This is a great program, and it is necessary for the revitalization of the car industry. I'm not really going to argue with those goals. However, are we sure this program is working like it's supposed to? I don't think so. This program has only been up and running 1 week. If that is how the government is going to handle billion-dollar programs affecting all Americans, I ask, Whatever will we do if the administration takes control of our health care system?

Voted YES on protecting free-roaming horses and burros.

1. Ensure that acreage available for wild and free-roaming horses and burros is at least equal to the acreage where they were found in 1971
2. update the inventory of such horses and burros annually
3. maintain a thriving natural ecological balance on lands where such horses and burros are found
4. establish sanctuaries for such horses and burros
5. research and implement enhanced fertility control for mares & stallions.

Proponent's argument to vote Yes:Rep. NICK RAHALL (D, WV-3): Earlier this year, the BLM made a truly shocking announcement. This Federal agency announced future plans to destroy, i.e., slaughter, 30,000 healthy wild horses and burros entrusted to their care by the American people. How in the world can a Federal agency be considering massive slaughter of animals the law says they are supposed to be protecting? The bill before us gives the agency as many options as possible to avoid destroying these animals.

Opponent's argument to vote No:Rep. DOC HASTINGS (R, WA-4): Across our Nation, Americans are struggling to pay their bills; 9.5% of Americans are out of work. With this backdrop, what is the response of this Democrat Congress to record unemployment and skyrocketing deficits? Their response is to create a $700 million welfare program for wild horses and burros. If the American people want an illustration of just how out of touch this Congress has become on spending, they need to look no further. In the last Congress, the House passed legislation to ban the commercial slaughter of wild horses and burros, that cost taxpayers less than $500,000 a year. Now we're looking at a bill that, again, bans slaughter of these animals but then proceeds to spend $700 million to create a new welfare program for wild horses. Republicans are focused on creating the jobs in this country, but this Democrat Congress seems to be more worried about wild burros and wild horses.

Voted YES on environmental education grants for outdoor experiences.

Requires Environmental Education and Training program grantees to:
• ensure that environmental education programs and curricula advance the teaching of interdisciplinary courses that include strong field components;
• bring teachers into contact with working environmental professionals;
• encourage individuals traditionally underrepresented in environmental careers

Proponent's argument to vote Yes:Rep. JOHN SARBANES (D, MD-3): This bill creates a new National Capacity Environmental Education grant program for which education associations apply competitively for grants that would fund model programs that get children into nature and really have them experiencing the environment.

Rep. BUCK McKEON (R, CA-25): This bill incorporates scientifically-based and technology-driven teaching methods into environmental education. Unfortunately, the new National Capacity Environmental Education Program is duplicative of the existing environmental education program already being run by the EPA. Still, I do not intend to oppose its passage.

Opponent's argument to vote No:Rep. MICHELE BACHMANN (R, MN-6): H.R. 3036 continues our Nation down the ill-fated road of shifting control of school curricula away from the parents and teachers and local school boards who best know what their children need into the hands of Federal Government and its one-size-fits-all approach. To best serve our children's educational needs, local school boards need flexibility to target resources where they are needed most. The needs of individual school districts are not homogenous and are most certainly not best understood by bureaucrats in Washington. This bill represents a step in the wrong direction. Forcing local school districts to direct scarce resources away from core curricula to serve a political agenda will only further suppress the academic performance of America's next generation.

Voted YES on $9.7B for Amtrak improvements and operation thru 2013.

• Authorizes appropriations for FY2009-FY2013 for Amtrak capital and operating grants; Amtrak repayment of long-term debt and capital leases; and the rail cooperative research program.
• Authorizes grants for the Next Generation Corridor Train Equipment Pool Committee.

  Proponents argument for voting YEA: Rep. OBERSTAR: America is on the threshold of a "renaissance'' for intercity passenger rail that approaches the enthusiasm of the completion of the transcontinental railroad. Last year, Amtrak set a ridership record for the fifth year in a row, exceeding 25.8 million passengers. Its ticket revenues rose 11 percent to more than $1.5 billion, the third straight year of revenue growth. This record of achievement is even more impressive considering that for the past eight years Amtrak has contended with an Administration committed to its bankruptcy. Indeed, these achievements are occurring when there is a greater need than ever for alternatives to our congested highways and skies. To alleviate this congestion and strengthen our energy security, we need to invest in intercity passenger rail.

  Other countries already make an annual commitment to intercity passenger rail. In 2003 alone, France invested $10.6 billion in its rail system; Germany invested $12.4 billion; and the United Kingdom invested $7.8 billion. China plans to spend a total of $162 billion from 2006 through 2010 to expand its railway system. This bill authorizes $14 billion over 5 years:

  • $6.7 billion for capital grants
  • $3.0 billion for operating grants
  • $2.5 billion for 80% matching grants to States to pay for the capital costs of facilities
  • $1.75 billion to finance 11 authorized high-speed rail corridors
  Reference: Passenger Rail Investment and Improvement Act; Bill HR6003 ; vote number 2008-400 on Jun 11, 2008

  Voted YES on increasing AMTRAK funding by adding $214M to $900M.

  Voting YES on this amendment would restore $214 million in funding for AMTRAK, bringing the total annual expenditure for AMTRAK to $1.114 billion. The chairman of the Railroad Subcommittee explained the increase as follows:
  • Unlike aviation, highways and transit, there is no dedicated funding for investing in our Nation's passenger rail service. This amendment restores $214 million to the Amtrak account, taking it to $1.114 billion, which is still about $300 million less than we had during the course of last year's discussion.
  • Last year the President sent up a budget of zero for Amtrak. We had an amendment process that we went through this time. This time we are up to $900 million in the bill [without this amendment].
  • But if you look at that $900 million, there is only $500 million for capital expenditures, out of which has to come a debt service of $280 million, which only leaves $220 million for the capital needs of this country for Amtrak, for passenger rail.
  • There is nothing for operation, and I know that the response to that is going to be that there are some incentive grants in the bill.
  Opponents of the amendment say that it would increase funding for Amtrak by gutting and eliminating critical programs, including safety programs, resulting in reductions in force at several agencies. Reference: Department of Transportation appropriations; Bill HR 5576 Amendment 1008 ; vote number 2006-263 on Jun 13, 2006

  Voted YES on barring website promoting Yucca Mountain nuclear waste dump.

  An amendment to prohibit funding the "Yucca Mountain Youth Zone" website. Voting YES indicates opposition to using Yucca Mountain as the national nuclear waste repository. The amendment's sponsor says:
  I would like to introduce the American people to the newest member of the Bush administration's energy policy team. His name is Yucca Mountain Johnny. He is the star of the Energy Department's Yucca Mountain Youth Zone Web site devoted to brainwashing school children into believing that burying the Nation's nuclear garbage 90 miles from Los Vegas is safe.
  • The Web site features games and activities to make high level nuclear waste fun. High level nuclear waste is not fun. It is dangerous, and the Department of Energy should not be using taxpayer money for a propaganda tool.
  • I would probably not be as upset with Joe Camel, excuse me, Yucca Mountain Johnny, if there was a more balanced approach on this Web site. It doesn't talk about the potential of accidents or being an inviting target for terrorists. It doesn't talk about the fact that Yucca Mountain is in a volcanic and seismic zone area. It doesn't say anything about the existence of safer and cheaper alternatives.
  • Among Yucca Mountain Johnny's witty sayings, he says, "The worst mistake is never making one." Well, Yucca Mountain is a mistake. This Web site is a mistake. Yucca Mountain Johnny is a mistake, and to promote the proposed nuclear waste repository to our children under the guise of education is a big mistake.
  The amendment's opponents respond:
  • To my knowledge, nobody has questioned the accuracy or truth of what is on the Web site. My guess is that most of the children that access this website use it for term papers and papers in their classrooms that they have to do on nuclear power.
  • Whether you oppose or support the repository, we should at least want the facts out to our children and adults who wish to use that same Web site about just what exactly it is.
  Reference: Energy and water development appropriations bill; Bill HR 5427 Amendment 919 ; vote number 2006-200 on May 24, 2006

  Voted NO on deauthorizing "critical habitat" for endangered species.

  To amend and reauthorize the Endangered Species Act of 1973 to provide greater results conserving and recovering listed species, and for other purposes, including:
  • Repealing the authority to designate an area as “critical habitat” for an endangered species
  • Requiring the Secretary of the Interior to create “recovery plans” within two years of classifying species as endangered or threatened
  • Allowing recovery agreements with private citizens whose land may be part of a species recovery plan
  • Issuing grants to support private property owners who voluntarily help to increase the number of endangered or threatened species on their private land
  • Providing compensation in an amount no less than fair market value to private landowners who have had regulation imposed upon their land
  • Calling upon the Secretary to submit an annual cost analysis of the previous years spending to Congress, including the amount of Federal and State funds used for each species
  Reference: Threatened and Endangered Species Recovery Act; Bill HR 3824 ; vote number 2005-506 on Sep 29, 2005

  Promote conservation of rare felids & canids.

  Higgins co-sponsored promoting conservation of rare felids & canids

  To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations. Congress finds the following:

  • Many wild populations of felids and canids, once considered common, are in decline, and many have declined to the point that their long-term survival in the wild is in serious jeopardy.
  • Of the 37 wild felid species worldwide, all are currently recognized as species in need of protection. Of the 35 wild canid species worldwide, nearly 50% are recognized as in need of such protection.
  • In addition to their intrinsic value, felids and canids are important aesthetic, economic, and ecological global resources that need to be conserved.
  • Large felids and canids are considered both keystone and indicator species. Healthy populations of these species act as an important indicator of the integrity of entire ecosystems.
  • Rare felids and rare canids face an array of threats, including loss of habitat and natural prey, intentional and unintentional takings by humans, disease transmission, and a vast number of other threats. These threats need to be addressed in a coordinated fashion.
  • The purposes of this Act are to provide financial resources and to foster international cooperation (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide.
  • Related bills: H.R.1913, S.1033
  Source: Great Cats and Rare Canids Act (H.R.1464) 07-H1464 on Mar 9, 2007

  Grants for beach water pollution under Clean Water Act.

  Higgins co-sponsored grants for beach water pollution under Clean Water Act

  Beach Protection Act of 2008 - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to include among eligible grant activities the development and implementation of programs for source tracking, sanitary surveys, and prevention efforts to address the identified sources of beach water pollution. Requires grant recipients to identify:

  1. the use of a rapid testing method;
  2. measures for communication within 24 hours of the results of a water sample concerning pollutants to specified officials with authority to require the prevention or treatment of the sources of beach water pollution;
  3. measures to develop and implement a beach water pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; and
  4. a publicly accessible and searchable global information system database with information updated within 24 hours of its availability, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days.
  5. Legislative Outcome: Related bills: H.R.2537, S.1506. Senate Reports: 110-414.

Inter-state compact for Great Lakes water resources.

A joint resolution expressing the approval of Congress to an inter-state compact regarding water resources. In the Great Lakes--St. Lawrence River Basin Water Resources Compact the Congress finds that:

• The Waters of the Basin are precious public natural resources shared and held in trust by the States;
• The Waters of the Basin are interconnected and part of a single hydrologic system;
• The Waters of the Basin can concurrently serve multiple uses. Such multiple uses include industrial, agriculture, mining, navigation, energy development and production, recreation, and the maintenance of fish and wildlife habitat.
• Future Diversions and Consumptive Uses of Basin Water resources have the potential to significantly impact the environment and economy.
• Purposes of the inter-state compact: To act together to protect, conserve, restore, improve and effectively manage the Waters and Water Dependent Natural Resources of the Basin under appropriate arrangements for intergovernmental cooperation and consultation;
• To remove causes of present and future controversies;
• To promote interstate and State-Provincial comity; and,
• To promote an Adaptive Management approach to the conservation and management of Basin Water resources, which provides adjustments for the uncertainties in scientific knowledge concerning the Basin's Waters and Water Dependent Natural Resources.
• Legislative Outcome: Passed Senate by Unanimous Consent.

Make tax deduction permanent for conservation easements.

Amends the Internal Revenue Code to make permanent the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Known in the Senate as the Rural Heritage Conservation Extension Act of 2009.

Regulate all dog breeders down to kennels of 50 dogs.

Congressional Summary:Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: has an ownership interest in or custody of one or more breeding female dogs; and sells more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer.

Promulgates requirements for the exercise of dogs at facilities owned or operated by high volume retail breeders, including requiring daily access to exercise that allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping.

Opponent's Comments (GSDCA, the German Shepherd Dog Club of America):In the past, legislation has excluded home/hobby breeders. This bill would, for the first time, require home/hobby breeders to follow the strict USDA requirements, such as engineering standards designed for large commercial kennels and not homes. Such regulations would exceedingly difficult to meet in a home/residential breeding environment. If passed, PUPS would disastrously reduce purposely-bred pups for the public.

There is nothing in this bill that changes the status of already known substandard kennel violators. There is no increase in funding for additional inspectors, nor is increased inspection evaluation education included.

Dogs purposely bred for showing, trialing or other events often are not bred for several years due to many different reasons. Some of these dogs may never be bred, yet are included in the count.

Working kennels maintain a large dog population while they are evaluating dogs; if the dogs do not work out for the purpose for which they were intended, they are often sold as pets. This could bring those working/training kennels under USDA regulations.

Rated 63% by HSLF, indicating a mixed voting record on animal welfare.

112th Mid-Term Humane Scorecard: The Humane Society Legislative Fund has posted the final version of the 2011 Humane Scorecard, where you can track the performance of your federal lawmakers on key animal protection issues during last year. We rated legislators based on their voting behavior on measures such as agribusiness subsidies, lethal predator control, and the Endangered Species Act; their cosponsorship of priority bills on puppy mills, horse slaughter, animal fighting, and chimps in research; their support for funding the enforcement of animal welfare laws; and their leadership on animal protection. All of the priority bills whose cosponsorships we're counting enjoy strong bipartisan support; in the House, each of the four now has more than 150 cosponsors.

The Humane Scorecard is not a perfect measuring tool, but creating some reasonable yardstick and allowing citizens to hold lawmakers accountable is central to our work. When the Humane Scorecard comes out each year, it helps clarify how the animal protection movement is doing geographically, by party affiliation, and in other categories. It helps us chart our course for animals by seeing where we have been effective, and where we need to improve.

Voted NO on requiring limited GMO labeling.

A BILL to require the Secretary of Agriculture to establish a national disclosure standard for bioengineered foods.

Cato Institute recommendation on voting YES: President Obama quietly signed legislation requiring special labeling for commercial foods containing genetically modified organisms (GMOs)--plants and animals with desirable genetic traits that were directly implanted in a laboratory. Most of the foods that humans & animals have consumed for millennia have been genetically modified, by cross-fertilization. Yet the new law targets only the highly precise gene manipulations done in laboratories. Anti-GMO activists oppose the new law because it preempts more rigorous regulation. And that's exactly the goal of this bill, to the frustration of the anti-GMO crowd.

JustLabelit.org recommendation on voting NO (because not restrictive enough): Senators Roberts (R-KS) and Stabenow (D-MI) introduced a compromise bill that would create a mandatory, national labeling standard for GMO foods. This bill falls short of what consumers expect--a simple at-a-glance disclosure on the package. As written, this compromise might not even apply to ingredients derived from GMO soybeans and GMO sugar beets. We in the consumer rights community have dubbed this the "Deny Americans the Right-to-Know" Act (DARK Act). We need to continue pressing for mandatory GMO labeling on the package.

Heritage Foundation recommendation on voting NO (because too restrictive): The House should allow [states, at their choice,] to impose [a more] restrictive labeling mandate, but prohibit the state from regulating out-of-state food manufacturers engaged in interstate commerce. Instituting a new, sweeping, federal mandate that isn't based on proven science shouldn't even be an option.

Legislative outcome: Passed by the Senate on July 7th, passed by the House on July 14th; signed by the President on July 29th

Keep restrictive rules for predator control in Alaska.

Library of Congress Summary: This joint resolution nullifies the rule finalized by the Department of the Interior on Aug. 5, 2016, relating to non-subsistence takings of wildlife and public participation and closure procedures on National Wildlife Refuges in Alaska.

Case for voting YES by House Republican Policy Committee: The Fish and Wildlife Service rule--which lays claim to more than 20% of Alaska--violates ANILCA (Alaska National Interest Land Conservation Act) and the Alaska Statehood Compact. Not only does [the existing 2016 rule] undermine Alaska's ability to manage fish and wildlife upon refuge lands, it fundamentally destroys a cooperative relationship between Alaska and the federal government.

Case for voting NO by the Sierra Club (April 6, 2017):

• President Trump signed H.J. Res. 69, overturning the rule that banned "predator control" on federal wildlife refuges in Alaska unless "based on sound science in response to a conservation concern."
• Any rule mentioning "sound science" is in trouble under a Trump administration.
• So what kinds of practices will the Trump administration now allow on our federal wildlife refuges? Activities that include shooting or trapping wolves while in their dens with pups, or hunting for grizzly bears from airplanes.
• It's all about ensuring a maximum yield of prey species like elk, moose, and caribou for the real apex predator: humans. So if having more elk requires killing wolf pups in their dens, then so be it.
• The Obama administration's rule (which Trump revoked) never tried to stop all hunting. Subsistence hunting was still allowed. What's changed is that the predators on federal wildlife refuges are now under the control of the state of Alaska. And that makes them prey.

Strengthen prohibitions against animal fighting.

Sen. CANTWELL. I reintroduce today the Animal Fighting Prohibition Enforcement Act of 2007. This legislation has won the unanimous approval of the Senate several times, but unfortunately has not yet reached the finish line.

There is no doubt, animal fighting is terribly cruel. Dogs and roosters are drugged to make them hyper-aggressive and forced to keep fighting even after suffering severe injuries such as punctured eyes and pierced lungs. It's all done for "entertainment" and illegal gambling. Some dogfighters steal pets to use as bait for training their dogs, while others allow trained fighting dogs to roam neighborhoods and endanger the public.

The Animal Fighting Prohibition Enforcement Act will strengthen current law by making the interstate transport of animals for the purpose of fighting a felony and increase the punishment to three years of jail time. This is necessary because the current misdemeanor penalty has proven ineffective--considered a "cost of doing business" by those in the animal fighting industry which continues unabated nationwide.

These enterprises depend on interstate commerce, as evidenced by the animal fighting magazines that advertise and promote them. Our bill also makes it a felony to move cockfighting implements in interstate or foreign commerce. These are razor-sharp knives known as "slashers" and ice pick-like gaffs designed exclusively for cockfights and attached to the birds' legs for fighting.

This is long overdue legislation. It's time to get this felony animal fighting language enacted. It's time for Congress to strengthen the federal law so that it can provide as a meaningful deterrent against animal fighting. Our legislation does not expand the federal government's reach into a new area, but simply aims to make current law more effective. It is explicitly limited to interstate and foreign commerce, so it protects states' rights in the two states where cockfighting is still allowed.