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Biography:
Born in Hilo, Territory of Hawaii, September 27, 1952; graduated from Hawaii Preparatory High School, Kamuela, Hawaii, 1970; B.A., Williams College, Williamstown, Mass., 1952; J.D., University of California, San Francisco, Calif., 1981; lawyer, private practice; staff member for United States Representative Spark Matsunaga, 1975-1977; staff member for United States Senator Spark Matsunaga, 1977-1978; member of the Hawaii state house of representatives, 1994-2002; unsuccessful candidate for nomination for Governor of Hawaii in 2002; elected as a Democrat to the One Hundred and Seventh Congress, by special election, to fill the vacancy caused by the death of United States Representative Patsy Mink, (November 30, 2002-January 3, 2003); elected as a Democrat to the One Hundred Eighth Congress, by special election, to fill the vacancy caused by the death of United States Representative Patsy Mink (January 4, 2003-present).

Official NAM 109th Congress House Voting Record
Lawmakers scoring 70 percent or higher on Key Manufacturing Votes in the 109th Congress receive the NAM Award for Manufacturing Legislative Excellence.
Description Preferred Position This official's vote compared with the preferred position
Class Action Reform (S. 5) Vote on S. 5, the Class Action Fairness Act. Approved 279-149 on Feb. 17, 2005 (Roll No. 38). The NAM supported the bill, which would curb trial lawyer "forum shopping" by shifting most class actions to federal courts, without altering plaintiffs' right to sue. Signed into law (P.L. 109-2) on Feb. 18, 2005. NAM POSITION: Yes. Y Voted WITH the preferred position
Death Tax Repeal Permanency Act (H.R. 8) Vote on H.R. 8, the Death Tax Repeal Permanency Act of 2005, to make the repeal of the estate (death) tax permanent. Approved 272-162 on April 13, 2005 (Roll No. 102). Unless the death tax repeal is made permanent, the current estate tax system and estate tax rates faced by small business owners will resurface in 2011, resulting in more complexity and confusion for small businesses and increased planning costs. The NAM supported the bill, as large estate tax bills force the sale of many small manufacturing companies upon the owner's death. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Arbitrary Fuel-Efficiency Standards (Boehlert/Markey Amendment to H.R. 6) Vote on a Boehlert (R-NY)/Markey (D-MA) amendment to energy bill H.R. 6 that would have directed the Secretary of Transportation to arbitrarily increase corporate average fuel economy (CAFE) standards from 25 miles/gallon to 33 miles/gallon over 10 years. Rejected 254-177 on April 20, 2005 (Roll No. 121). The NAM opposed the amendment, as tougher standards could force automakers to develop smaller, lighter SUVs and trucks that would be less safe and more expensive than existing, popular models. NAM POSITION: No. N Voted AGAINST the preferred position
Liquefied Natural Gas Supplies (Castle Amendment to H.R. 6) Vote on a Castle (R-DE) amendment to the energy bill that would have deleted language granting the Federal Energy Regulatory Commission primary authority for siting liquefied natural gas (LNG) facilities. The amendment would have retained the status quo, allowing states to block FERC siting decisions. Rejected 237-194 on April 21, 2005 (Roll No. 131). The NAM opposed the amendment, noting that to keep pace with growing demand, new gas supply options from multiple sources are needed, including the importation of LNG. NAM POSITION: No. N Voted AGAINST the preferred position
Comprehensive Energy Policy (Final Passage -- H.R. 6) Vote on H.R. 6, the Energy Policy Act of 2005. Approved 249-183 on April 21, 2005 (Roll No. 132). The legislation represents a major step toward achieving a long-term national energy policy that encourages voluntary energy efficiency initiatives, voluntary conservation, improvements to the energy infrastructure and increases in the supply of all sources of cost-effective renewable, alternative and conventional energy sources. Signed into law (P.L. 109-58) on Aug. 8, 2005. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Withdrawing U.S. Membership in the World Trade Organization (H.J. Res. 27) Vote on H..J. Res. 27, a resolution to withdraw the approval of the United States from the Agreement establishing the World Trade Organization. Rejected 338-86 (with 1 voting "present") on June 9, 2005 (Roll No. 239). The NAM opposed the resolution, noting that the United States, as the world’s largest trading nation, needs the rules-based trading system in order to continue leveling the playing field and obtaining the gains from trade for the United States and the rest of the world. NAM POSITION: No. N Voted WITH the preferred position
OSHA Legal Issues, Review Commission Reform (H.R. 741) Vote on legislation providing for an independent review of citations issued by OSHA. Approved 226-197 on July 12, 2005 (Roll No. 371). The NAM supported the bill, which would help companies challenging OSHA citations by ensuring that the Occupational Safety and Health Review Commission ("the Court") -- and not OSHA ("the prosecutor") -- would be the party that interprets the law and provides an independent review of OSHA citations. NAM POSITION: Yes. Y Voted WITH the preferred position
OSHA Legal Issues, Attorneys' Fees (H.R. 742) Vote on a bill that would make it easier for small employers to recover attorneys' fees when they successfully defend against an OSHA citation. Approved 235-187 on July 12, 2005 (Roll No. 372). NAM POSITION: Yes. Y Voted WITH the preferred position
Association Health Plans (H.R. 525) Vote on H.R. 525, legislation that would allow small businesses to band together through bona fide trade associations and obtain quality health care at a lower cost by taking advantage of the same economies of scale, flexibility, bargaining clout and administrative efficiency that larger companies and unions enjoy under the ERISA law. Approved 263-165 on July 26, 2005 (Roll No. 426). NAM POSITION: Yes. Y Voted WITH the preferred position
United States Trade Rights Enforcement Act (H.R. 3283) Vote on the U.S. Trade Rights Enforcement Act. Approved 255-168 on July 27, 2005 (Roll No. 437). The NAM supported H.R. 3283, which would help protect and enforce U.S. trade rules that are established through free trade agreements and the World Trade Organization. It specifically authorizes the application of U.S. countervailing duty (CVD) law to exports from non-market economies, such as China, and would establish a system of comprehensive monitoring of Chinese compliance with its trade obligations on intellectual property rights and market access. NAM POSITION: Yes. Y Voted AGAINST the preferred position
CAFTA-DR: Central America- Dominican Republic Free Trade Agreement (H.R. 3045) Vote on legislation that would implement the Central American-Dominican Republic Free Trade Agreement (CAFTA-DR) into U.S. law. Approved 217-215 on July 27, 2005 (Roll No. 443). The NAM supported CAFTA-DR, which is likely to result in $1 billion per year in increased U.S. manufactured exports and more U.S. jobs. Signed into law on August 2, 2005 (P.L. 109-53). NAM POSITION: Yes. Y Voted AGAINST the preferred position
Medical Liability Reform (H.R. 5) Vote on H.R. 5, legislation to help make health coverage more affordable for millions of Americans by reducing the additional cost that all forms of medical liability litigation adds to health coverage costs. Approved 230-194 on July 28, 2005 (Roll No. 449). The NAM has long championed medical liability reform because of the downstream consequences for higher health care costs from unlimited damage awards, liability insurance, and defensive medicine. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Bolstering Energy Supplies and Refinery Capacity (H.R. 3893) Vote on H.R. 3893, legislation that would help increase refinery capacity and assure delivery of much needed energy supplies throughout the country. Approved 212-210 on Oct. 7, 2005 (Roll No. 519). The NAM supported the bill, noting that it would address fuel supply shortages caused by federal permitting and other policies. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Preventing Frivolous Litigation Against the Food Industry (H.R. 554) Vote on H.R. 554, legislation that would bar lawsuits based on claims of obesity except in limited circumstances (such as violation of law or regulation, breach of warranty or if the food was adulterated). Approved 306-120 on October 19, 2005 (Roll No. 533). The NAM supported the bill, noting that the current "regulation through litigation" threatens all businesses because it is designed to circumvent the democratic process and to pursue social goals with respect to a specific industry through judicial fiat. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Discouraging Regulation Through Litigation (S. 397) Vote on S. 397, the Protection of Lawful Commerce in Arms Act. Approved 283-144 on October 20, 2005 (Roll No. 534). The NAM supported the bill, which would forestall lawsuits brought with the intent of shutting down a legitimate and legal industry, while allowing those with merit to proceed. Signed into law (P.L. 109-92) on Oct. 26, 2005. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Lawsuit Abuse Reduction Act (Final Passage). Vote on H.R. 420, the Lawsuit Abuse Reduction Act, which would restore disincentives for filing frivolous lawsuits under Rule 11 (the federal court rule governing frivolous lawsuits) by making sanctions mandatory, requiring prevailing parties to be awarded reasonable expenses and attorney’s fees, etc. It would also expand Rule 11 to include discovery and take steps to limit forum shopping. Approved 228-184 on Oct. 27, 2005 (Roll No. 553). NAM POSITION: Yes. Y Voted WITH the preferred position
Tax Relief (H.R. 4297). Vote on H.R. 4297, legislation that would provide key incentives to bolster U.S. manufacturing investment and job growth. Key provisions would: include a one-year extension of the R&D credit, with modifications; extend lower rates on capital gains and dividends; extend deferral for active financing income earned overseas; and more. Approved 234-197 on Dec. 7, 2005 (Roll No. 621). NAM POSITION: Yes. Y Voted AGAINST the preferred position
Weakening National Uniformity for Food Act (Capps Amendment to H.R. 4167). Vote on a Capps (D-CA) amendment to food labeling bill H.R. 4167 that would have stripped key uniformity requirements from the bill and undermined the bill’s overall intent. Rejected 259-161 on March 8, 2006 (Roll No. 29). The NAM opposed the amendment and supported the underlying bill, noting that varying state standards now in place hinder the free and efficient flow of goods. NAM Position: No. N Voted AGAINST the preferred position
Energy Exploration in ANWR (H.R. 5429). Vote on legislation that would permit the leasing of portions of ANWR for exploration of oil and natural gas. The NAM has long supported repealing the prohibition of environmentally-sensitive exploration of ANWR. Approved 225-201 on May 25, 2006 (Roll No. 209). NAM Position: Yes. Y Voted AGAINST the preferred position
Federal Regulation of the Internet (Net Neutrality Amendment to H.R. 5252). Vote on a Markey (D-MA) amendment to telecommunications bill H.R. 5252 that, under the guise of "net neutrality," would have imposed burdensome new rules and undercut the fundamental free market, pro-investment purpose of the bill. Rejected 269-152 on June 8, 2006 (Roll No. 239). NAM POSITION: No. N Voted AGAINST the preferred position
Line Item Veto (H.R. 4890). Vote on H.R. 4890, legislation that would give the President and Congress another tool to rein in excessive federal spending -- the line item veto. Approved 247-172 on June 22, 2006 (Roll No. 317). NAM POSITION: Yes. Y Voted WITH the preferred position
Energy Development in the Outer Continental Shelf (H.R. 4761). Vote on H.R. 4761, legislation that would permit energy development in deep waters beyond 100 miles from the coast and allow coastal states to determine whether to permit offshore production beyond 50 miles of their coastline. Approved 232-187 on June 29, 2006 (Roll No. 356). The NAM supported the bill, which would help reduce our reliance on foreign oil and create hundreds of thousands of jobs in the U.S. NAM POSITION: Yes. Y Voted AGAINST the preferred position
U.S.-Oman Free Trade Agreement (H.R. 5684). Vote on H.R. 5684, legislation implementing the U.S.-Oman Free Trade Agreement. Approved 221-205 on July 20, 2006 (Roll No. 392). The NAM supported the bill and the FTA, which would require all U.S.-made consumer and industrial products to enter Oman duty-free, gaining even greater market share for U.S. manufacturers. NAM POSITION: Yes. Y Voted WITH the preferred position
Health Information Technology (H.R. 4157). Vote on legislation that would establish a national strategy for facilitating health IT, which along with value-based purchasing incentives, could help drive higher quality care, increased efficiency, promote interoperability and ultimately lead to more affordable health care. Approved 270-148 on July 27, 2006 (Roll No. 416). The NAM believes the best solutions on health IT will come from the private sector, but H.R. 4157 could facilitate those solutions. NAM POSITION: Yes. Y Voted AGAINST the preferred position
This official's percentage on this voting record: 33%
Official NAM 108th Congress House Voting Record
Description Preferred Position This official's vote compared with the preferred position
1) Medical Liability Reform. Vote on H.R. 5, legislation to help make health coverage more affordable for millions of Americans by addressing all forms of medical liability (malpractice, plan coverage decisions, medical devices, pharmaceuticals, etc.). Approved 229-196 on March 13, 2003 (Roll No. 64). The NAM has long championed medical liability reform because of the downstream consequences for higher health care costs from unlimited damage awards, liability insurance, and defensive medicine. NAM POSITION: Yes. Y Voted AGAINST the preferred position
2) Budget Resolution Allowing for Tax Cuts. Vote on H.Con. Res. 95, the House FY 2004 budget resolution. Approved 215-212 on March 21, 2003 (Roll No. 82). The NAM supported the resolution, especially provisions allowing for enactment of a $726 billion, 10-year economic growth package, which would help jump start the current economic recovery and provide a sound foundation for continued economic growth. NAM POSITION: Yes. Y Voted AGAINST the preferred position
3) Opposing Arbitrary Fuel-Efficiency Standards. Vote on a Boehlert (R-NY)/Markey (D-MA) amendment that would have arbitrarily raised corporate average fuel economy (CAFE) standards for all cars and light trucks, requiring all vehicles to consume 5 percent less oil in 2010 than if CAFE standards were to remain at 2004 levels. Rejected 268-162 on April 10, 2003 (Roll No. 132). The NAM opposed the amendment, as tougher standards could force automakers to develop smaller, lighter SUVs and trucks that would be less safe and more expensive than existing, popular models. NAM POSITION: No. N Voted AGAINST the preferred position
4) Prohibiting Oil/Gas Development in ANWR. Vote on a Markey (D-MA)/Johnson (R-CT) amendment to energy bill H.R. 6 that would have retained the current prohibition on oil/gas exploration in Alaska's Arctic National Wildlife Refuge (ANWR). Rejected 228-197 on April 10, 2003 (Roll No. 135). The NAM opposed the amendment and believes environmentally sound oil/gas exploration in ANWR is an important part of addressing our nation's energy supply needs. NAM POSITION: No. N Voted AGAINST the preferred position
5) Economic Growth, Tax Cuts. Vote on H.R. 2, a $550 billion package providing tax relief to investors, businesses and individuals. Key provisions expedited personal rate cuts, lowered the rates on dividend and capital-gains income, temporarily enhanced expensing provisions for small businesses, improved net operating loss carry-back policy, etc. Approved 222-203 on May 9, 2003 (Roll No. 182). The NAM supported the core components of the package. Signed into law (P.L. 108-27) on May 28, 2003. NAM POSITION: Yes. Y Voted AGAINST the preferred position
6) Class Action Reform. Vote on H.R. 1115, legislation aimed at curbing the explosion of frivolous class-action lawsuits. Approved 253-170 on June 12, 2003 (Roll No. 272). The NAM supported the bill, which would curb trial lawyer "forum shopping" by shifting most major class actions to federal courts, without altering plaintiffs' right to sue. NAM POSITION: Yes. Y Voted WITH the preferred position
7) Permanently Repealing the Death Tax. Vote on H.R. 8 (Dunn--R-WA), legislation to make repeal of the estate (death) tax permanent. Unless the death tax repeal is made permanent, the current estate tax system and estate tax rates faced by small business owners will resurface in 2011, resulting in more complexity and confusion for small businesses and increased planning costs. Approved 264-163 on June 18, 2003 (Roll No. 288). The NAM supported the bill, as large estate tax bills force the sale of many small manufacturing companies upon the owner’s death. NAM POSITION: Yes. Y Voted AGAINST the preferred position
8) Prohibiting Improvements To Overtime Regulations. Vote on an Obey (D-WI) amendment to the FY 2004 Labor/HHS appropriations bill. The amendment sought to prohibit funding needed to update Labor Department regulations originally crafted in 1949 related to the definition of "exempt" and "non-exempt" workers under the Fair Labor Standards Act. Rejected 213-210 on July 10, 2003 (Roll No. 351). The NAM opposed the amendment, believing there is a need for clarifying and revising these outdated regulations to reflect the changes in the workplace over the last half century. NAM POSITION: No. N Voted AGAINST the preferred position
9) U.S.-Singapore Free Trade Agreement. Vote on H.R. 2739, legislation implementing the U.S.-Singapore Free Trade Agreement. Approved 272-155 on July 24, 2003 (Roll No. 432). NAM members supported the accord, which sets a valuable precedent for future FTAs with the developing countries of Southeast Asia, where U.S. manufactured exports face average bound tariff rates of 30 percent. Signed into law (P.L. 108-78) on Sept. 3, 2003. NAM POSITION: Yes. Y Voted WITH the preferred position
10) U.S.-Chile Free Trade Agreement. Vote on H.R. 2738, legislation implementing the U.S.-Chile Free Trade Agreement. Approved 270-156 on July 24, 2003 (Roll No. 436). The NAM supported the accord, which eliminates nearly all tariffs on U.S. manufactured exports upon implementation and provides the framework for a successful Free Trade Area of the Americas (FTAA) accord. Signed into law (P.L. 108-77) on Sept. 3, 2003. NAM POSITION: Yes. Y Voted WITH the preferred position
11) Pharmaceutical Market Access Act. Vote on H.R. 2427, a bill to authorize the importation of prescription drugs from Canada and other industrialized nations. Approved 243-186 on July 25, 2003 (Roll No. 445). The NAM opposed the bill, which would also remove the requirement that the HHS Secretary approve re-importation based on safety and cost-effectiveness, thus exposing consumers to potential harm from counterfeit, adulterated or sham medications. In addition, this legislation would tie U.S. drug prices to those in other countries, in effect importing foreign price controls. NAM POSITION: No. N Voted AGAINST the preferred position
12) Prohibiting an Inventory of U.S. Coastal Energy Sources. Vote on a Capps (D-CA) "motion to instruct conferees" on energy bill H.R. 6. Motion urged the House to reject a Senate provision that called for an oil/gas inventory and analysis of energy resources in the Outer Continental Shelf (OCS). Approved 229-182 on Oct. 15, 2003 (Roll No. 540). The NAM supported the OCS inventory and opposed the motion to instruct, believing that Congress, the Executive Branch, states and the public must have reliable data upon which to make informed decisions, especially given the nation's serious energy supply problems. NAM POSITION: No. N Voted AGAINST the preferred position
13) Medicare Reform. Vote on the conference report to Medicare reform bill H.R. 1. Approved 220-215 on Nov. 22, 2003 (Roll No. 669). The NAM supported the conference agreement, which provides affordable prescription drug coverage, immediate cost savings and greater choice to Medicare beneficiaries and flexible assistance to employers who currently provide retiree health coverage. Signed into law (P.L. 108-173) on Dec. 8, 2003. NAM POSITION: Yes. Y Voted AGAINST the preferred position
14) Preventing Frivolous Litigation Against the Food Industry. Vote on H.R. 339, legislation that would bar lawsuits based on claims of obesity except in limited circumstances. Approved 276-139 on March 10, 2004 (Roll No. 54). The NAM supported the bill, noting that such "regulation by litigation" threatens all businesses because it is designed to circumvent the democratic process and to pursue social goals with respect to a specific industry through judicial fiat. NAM POSITION: Yes. Y Voted AGAINST the preferred position
15) Pension Funding -- Treasury Fix. Vote on the conference report to H.R. 3108, legislation replacing the now defunct 30-year Treasury interest rate used for pension calculations with a composite rate of high-quality, long-term corporate bond indices for two years. Approved 336-69 on April 2, 2004 (Roll No. 117). The NAM supported the legislation, noting that failure to rectify the problem could impede our nation's emerging economic recovery and threaten the retirement security of millions of American workers. Signed into law (P.L. 108-218) on April 10, 2004. NAM POSITION: Yes. Y Voted WITH the preferred position
16) Health Care: Flexible Spending Accounts. Vote on H.R. 4279, legislation that would allow employees to roll over unused flexible spending account (FSA) funds either into a Health Savings Account or back into their FSAs. (These funds currently revert back to the employer if unspent.) Approved 273-152 on May 12, 2004 (Roll No. 163). NAM POSITION: Yes. Y Voted WITH the preferred position
17) Association Health Plans. Vote on H.R. 4281, legislation that would allow small businesses to band together through bona fide trade associations and obtain quality health care at a lower cost by taking advantage of the same economies of scale, flexibility, bargaining clout, and administrative efficiency that larger companies and unions enjoy under the ERISA law. Approved 252-162 on May 13, 2004 (Roll No. 174). NAM POSITION: Yes. Y Voted WITH the preferred position
18) OSHA Legal Issues, Review Commission Reform. Vote on H.R. 2730, as amended, legislation providing for an independent review of citations issued by OSHA. Approved 224-204 on May 18, 2004 (Roll No. 185). The NAM supported the bill, which would help companies challenging OSHA citations by ensuring that the Occupational Safety and Health Review Commission ("the Court") -- and not OSHA ("the prosecutor") -- would be the party that interprets the law and provides an independent review of OSHA citations. NAM POSITION: Yes. Y Voted WITH the preferred position
19) OSHA Legal Issues, Attorneys' Fees. Vote on H.R. 2731, a bill that would make it easier for small employers to recover attorneys' fees when they successfully defend against an OSHA citation. Approved 233-194 on May 18, 2004 (Roll No. 189). NAM POSITION: Yes Y Voted AGAINST the preferred position
20) FSC/ETI: American Jobs Creation Act. Vote on H.R. 4520, legislation that would address the FSC/ETI dispute and allow the U.S. to comply with our international obligations. Approved 251-178 on June 17, 2004 (Roll No. 259). The NAM supported the bill, which would reduce the corporate tax rate on domestic manufacturing income; make key international tax reforms; provide relief from the corporate alternative minimum tax; offer a temporary incentive for companies to invest foreign profits in the U.S.; seamlessly extend the R&D credit; expand expensing for small businesses; and more. NAM POSITION: Yes. Y Voted AGAINST the preferred position
21) United States-Australia Free Trade Agreement. Vote on H.R. 4579, legislation that would implement the U.S.-Australia Free Trade Agreement into U.S. law. Approved 314-109 on July 14, 2004 (Roll No. 375). The NAM supported the legislation and the FTA, which is likely to result in $1.8 billion per year in increased U.S. manufactured exports and more U.S. jobs. NAM POSITION: Yes. Y Voted AGAINST the preferred position
Curbing Lawsuit Abuse (H.R. 4571) Vote on H.R. 4571, the Lawsuit Abuse Reduction Act of 2004, which would restore disincentives for filing frivolous lawsuits under Rule 11 (the federal court rule governing frivolous lawsuits) by making sanctions mandatory, requiring prevailing parties to be awarded reasonable expenses and attorney’s fees, etc. It would also expand Rule 11 to include discovery and has a provision to limit forum shopping. Approved 229-174 on Sept. 14, 2004 (Roll No. 450). NAM POSITION: Yes. Y Voted WITH the preferred position
This official's percentage on this voting record: 36%
Symbol Key:
Voted with the preferred position Voted against the preferred position
Y Voted YES N Voted NO
- Did Not Vote A Absent
T Paired Vote Z Presiding
P Voted PRESENT    

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Vote rating scale
AFL-CIO, 2004:
    (86%)
League of Conservation Voters, 2004:
    (90%)
BIPAC, 2003:
    (22%)
National Association of Manufacturers, 2004:
    (33%)
U.S. Chamber of Commerce, 2004:
    (48%)