E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, WEDNESDAY, SEPTEMBER 22, 2010 No. 128 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces school. He has brought together people called to order by the Speaker pro tem- to the House his approval thereof. of diverse socioeconomic, cultural, ra- pore (Mr. CUELLAR). Pursuant to clause 1, rule I, the Jour- cial, and religious backgrounds to pro- f nal stands approved. mote dialogue, social justice, and hope. f On behalf of the 20th Congressional DESIGNATION OF THE SPEAKER District and my colleagues in this PRO TEMPORE PLEDGE OF ALLEGIANCE House, I thank Father Doug for his The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the work on behalf of our community and fore the House the following commu- gentleman from Tennessee (Mr. WAMP) for his invocation here today. nication from the Speaker: come forward and lead the House in the f Pledge of Allegiance. WASHINGTON, DC. COMMUNICATION FROM THE Mr. WAMP led the Pledge of Alle- September 22, 2010. CLERK OF THE HOUSE I hereby appoint the Honorable HENRY giance as follows: CUELLAR to act as Speaker pro tempore on I pledge allegiance to the Flag of the The SPEAKER pro tempore laid be- this day. United States of America, and to the Repub- fore the House the following commu- NANCY PELOSI, lic for which it stands, one nation under God, nication from the Clerk of the House of Speaker of the House of Representatives. indivisible, with liberty and justice for all. Representatives: f f OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, PRAYER WELCOMING REVEREND DOUGLAS Washington, DC, September 16, 2010. Reverend Douglas Fisher, Grace Epis- FISHER Hon. NANCY PELOSI, copal Church, Millbrook, New York, of- The SPEAKER pro tempore. Without Speaker, House of Representatives, fered the following prayer: objection, the gentleman from New Washington, DC. Gracious God, these elected leaders DEAR MADAM SPEAKER: Pursuant to the York (Mr. MURPHY) is recognized for 1 permission granted in Clause 2(h) of rule II of of our Nation gather together today in minute. the Rules of the U.S. House of Representa- anticipation of Your guidance. They There was no objection. tives, the Clerk received the following mes- want to do what is right and good and Mr. MURPHY of New York. Mr. sage from the Secretary of the Senate on holy. They want to be an inspiration to Speaker, I rise today to honor and September 16, 2010 at 4:39 p.m.: Your people in a trying time. Fill them thank Father Doug Fisher from That the Senate passed without amend- with Your creative, dynamic Spirit. Millbrook, New York, for serving as ment H.R. 6102. Outside these walls Your people— With best wishes, I am the guest chaplain today for the House Sincerely, among them immigrants, the unem- of Representatives. LORRAINE C. MILLER. ployed, the brave men and women of For over 10 years, Father Doug has f our Armed Forces—live in hope of wise served as the rector of Grace Episcopal decisions from this body. Indeed, Your Church, which is located in the 20th COMMUNICATION FROM THE whole creation itself is profoundly af- District in Millbrook, New York. Pre- CLERK OF THE HOUSE fected in so many ways by what hap- viously, he served as the Episcopal The SPEAKER pro tempore laid be- pens here. Compassionate God, en- Chaplain at the United States Military fore the House the following commu- lighten us, show us Your will, and give Academy at West Point, and he con- nication from the Clerk of the House of us the courage to fulfill it. tinues to correspond with many of the Representatives: At the end of this day, may the graduates who are serving their coun- OFFICE OF THE CLERK, United States of America be closer to try throughout the world. HOUSE OF REPRESENTATIVES, being a light unto the nations, a bea- Father Doug has been a leader for Washington, DC, September 21, 2010. con of hope in this world. Living God, our community in difficult times, serv- Hon. NANCY PELOSI, we ask Your blessing upon this House ing on the board of directors of Rural Speaker, House of Representatives, and upon this Nation. Amen. and Migrant Ministry. Grace Church is Washington, DC. known throughout Dutchess County for DEAR MADAM SPEAKER: Pursuant to the f permission granted in Clause 2(h) of rule II of its many outreach programs, including THE JOURNAL the Rules of the U.S. House of Representa- its food pantries, service and support tives, the Clerk received the following mes- The SPEAKER pro tempore. The groups for the unemployed and under- sage from the Secretary of the Senate on Chair has examined the Journal of the employed, its AA groups, its nursery September 21, 2010 at 2:40 p.m.:

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6812 CONGRESSIONAL RECORD — HOUSE September 22, 2010 That the Senate passed without amend- care entitlement program that the than $1 million would get a tax cut of ment H.R. 4505. American people don’t want. $104,000 next year, he forgot about the That the Senate passed S. 624. H.R. 5297, the small business bill the households of working poor people who With best wishes, I am House will take up tomorrow, makes a count on the earned income tax credit Sincerely, LORRAINE C. MILLER. bad situation even worse. Instead of re- and the child tax credit. pealing this burdensome requirement, Why? Because the GOP plan extends f the bill actually increases penalties the estate tax cuts but doesn’t extend ANNOUNCEMENT BY THE SPEAKER and expands the number of trans- improvements to the tax credits for PRO TEMPORE actions subject then to 1099 reporting low-income working families, which The SPEAKER pro tempore. The requirements. The Congressional Budg- the Congress passed last year. In Mas- Chair will entertain up to 15 further re- et Office estimates this proposal will sachusetts alone, 210,000 families will quests for 1-minute speeches on each raise over $2.5 billion. That’s $2.5 bil- lose some or all of the child credit side of the aisle. lion that will go to the government in- under the Republican plan and 167,000 stead of job creators. Massachusetts families will lose all or f How long will it take our friends on some of the earned income tax credit. ON THE SELECTION OF THE STATE the other side to figure out you can’t I urge our Republican friends here to OF HAWAII AS A RECIPIENT OF increase the burden on our Nation’s reject this plan from their Senate lead- THE FREEDOM AWARD FOR ITS small businesses and then expect them er and to stand up for working fami- OUTSTANDING SUPPORT OF to hire more Americans? lies. MEMBERS OF THE NATIONAL f f GUARD AND RESERVE b 1410 OBAMA-NOMICS (Ms. HIRONO asked and was given HONORING JOHN ELKINGTON (Mr. POE of Texas asked and was permission to address the House for 1 given permission to address the House minute.) (Mr. WAMP asked and was given per- for 1 minute.) Ms. HIRONO. Mr. Speaker, every mission to address the House for 1 Mr. POE of Texas. Mr. Speaker, the year the Secretary of Defense recog- minute and to revise and extend his re- proposed administration tax hikes are nizes employers for their support of marks.) the largest tax increases in American employees serving in the National Mr. WAMP. Mr. Speaker, I am hon- history. The government spends money Guard and Reserve. This year, the Gov- ored to recognize the induction of John that we don’t have; 42 cents of every ernment of the State of Hawaii was se- Elkington of Memphis, Tennessee, into dollar spent is borrowed money. lected for the Freedom Award, the the Beale Street Brass Note Walk of Now the plan is to hike taxes sky highest employer recognition award Fame. The Walk of Fame recognizes high and how is that going to create given by the Defense Department. Ha- the accomplishments of nearly 100 indi- those jobs? It has been said ‘‘you can’t waii Army National Guardsman K. viduals and groups who have had a sig- legislate the poor into freedom by leg- Mark Takai submitted the nomination. nificant influence on American music, islating the wealthy out of freedom. The State of Hawaii provides credit particularly blues music. When the government gives money to toward retirement for the time their As a developer with an extraordinary one person, the government first has to Guard and Reserve employees are acti- vision, Elkington revitalized a two- take that money from somebody else.’’ vated and offers preferential hiring for block section of historic Beale Street ‘‘When half the people get the idea those who have been deployed. The that had fallen into disrepair during that they do not have to work because State also held a farewell ceremony the urban renewal of the 1970s. When they think the other half is going to and a welcome home parade for our Elkington started the project, only one take care of them, and when the work- 29th Brigade. Notably, Hawaii is the business remained open. Where others ing people get the idea it does no good only State to recognize its fallen war failed, Elkington redeveloped Beale to work because the government is heroes by awarding them the State Street, turning it into one of America’s going to take away what they worked Medal of Honor. premier entertainment districts. From for, that discourages all citizens to As we celebrate National Employer the handful of night clubs and res- work.’’ Support of the Guard and Reserve taurants that opened in the early 1980s, Obama-nomics is the failed philos- Week, warmest ‘‘aloha’’ goes out to the Beale Street Historic District has ophy of more government, more spend- employers like the State of Hawaii for blossomed into a place where fans from ing, more borrowing and more taxes; recognizing the unique challenges that around the world come to hear Amer- and it’s a failed philosophy. members of the Guard and Reserve face ica’s original art form, the blues. And that’s just the way it is. in balancing their civilian lives with John Elkington possesses a rare com- f their military service. bination of perseverance and optimism. ECONOMIC POLICIES f His love for Memphis is unrivaled, and he is indeed one of Tennessee’s most (Mr. DEFAZIO asked and was given MAKING THE 1099 SITUATION important developers. After 27 years of permission to address the House for 1 WORSE hard work and dedication to Beale minute.) (Mr. PITTS asked and was given per- Street, John Elkington deserves a rec- Mr. DEFAZIO. Mr. Speaker, the mission to address the House for 1 ognition of inclusion into the Beale President was on television this week minute and to revise and extend his re- Street Brass Note Walk of Fame. defending his economic policies talking marks.) Congratulations, Elk. about the progress, and I am going to Mr. PITTS. Mr. Speaker, throughout f admit that after yesterday we are the month of August, I met with small about halfway back to where this ad- business owners in my district who are TAX CUTS ministration needs to be in putting anxious about the coming 1099 report- (Mr. NEAL asked and was given per- Americans and America back to work. ing requirements created by mission to address the House for 1 Yesterday—congratulations are in ObamaCare. They see a mountain of minute and to revise and extend his re- order—Larry Summers was either fired tax paperwork in their future, a moun- marks.) or encouraged to leave. It doesn’t mat- tain that will increase their accounting Mr. NEAL. Mr. Speaker, it did not ter, he’s gone. costs and prevent them from growing take a lot of courage for the Repub- It’s about a year since I asked the their businesses. lican leader in the Senate to announce President to fire Geithner and Sum- The 1099 reporting requirement has his tax cut plan last week, which would mers, two people of, by, and for Wall nothing to do with improving health cost about $4 trillion. Handing out tax Street. Wall Street has received care in this Nation. It was only in- cuts is not a tough business. enough attention, and the Republicans cluded as another revenue raiser to pay Oddly enough, while he ensured that would shower even more attention on for a massive new government health those households with incomes of more Wall Street, should they take over

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6813 again, against Main Street American I support the return to direct talks to b 1420 working people. achieve a lasting peace in the Middle TAX RELIEF FOR STRUGGLING It’s time this President came back to East. And I call on all my colleagues in AMERICANS his Democratic roots, his Democratic the international community to sup- values. Geithner needs to go too. Let’s port this process. (Mr. PENCE asked and was given per- mission to revise and extend his re- bring in a team that cares about work- f ing Americans. marks.) HALT TAX HIKES f Mr. PENCE. Mr. Speaker, the Amer- (Mr. SAM JOHNSON of Texas asked ican people are hurting in the city and VICTORY IN IRAQ and was given permission to address on the farm. Our economy continues to (Mr. WILSON of South Carolina the House for 1 minute and to revise struggle. Unless Congress acts before asked and was given permission to ad- and extend his remarks.) the end of this year, every American dress the House for 1 minute and to re- Mr. SAM JOHNSON of Texas. Mr. will see a tax increase—every single vise and extend his remarks.) Speaker, I stand to voice my support one. Mr. WILSON of South Carolina. Mr. for protecting small business on Main That’s why I rise in disbelief with the Speaker, at the end of August the goal Street from the Obama tax hikes that news that this Congress is poised to ad- was achieved of a transition of security start January 1. To create jobs, we journ for the fall’s elections without in Iraq from an active combat role of need lower tax rates for everyone. even taking a vote on extending cur- Americans to the security forces of the Most small businesses pay taxes rent tax relief. Let me say that again. people of Iraq. All Americans should based on the individual tax rate. In- I know there are proposals on the ma- express gratitude for the courage and creasing the individual tax rate means jority side about trying to extend the resolve of our military and military mom-and-pop business owners will tax relief for some and not others, but families. have less money for business invest- what we are hearing is they intend to Newsweek’s cover page of March 8 de- ment and job creation. It’s not smart adjourn before Election Day without clared: ‘‘Victory at Last,’’ with the to raise taxes ever and certainly not in ever voting to make sure that no emergence of a democratic Iraq. The the wake of America’s longest reces- American sees a tax increase in Janu- Wall Street Journal editorialized ‘‘Vic- sion. ary of next year. tory in Iraq’’ on August 30, citing ‘‘the How will raising taxes put people Mr. Speaker, higher taxes won’t get courage of the Americans who will back to work? anybody hired. Raising taxes on job fight in our defense.’’ On September 6 As a former small business owner, I creators won’t create jobs. Let’s have the Washington Times proclaimed know that the very threat of tax hikes, the debate. There’s a growing bipar- ‘‘Mission Accomplished’’ in Iraq. tisan majority in this House that is As the grateful father of two sons combined with the new health care law prepared to extend all tax relief for who served in Iraq and as cochairman and the countless new rules and man- every American in this, the worst econ- of the Victory in Iraq Caucus estab- dates coming from the Democrats, are omy in 25 years. lished with our former colleague, Mark impacting the ability and willingness And so I say, no extension of tax re- Green of Wisconsin, I know firsthand of of small businesses to create jobs. lief, no adjournment. Congress must the achievements of the American We need an up-or-down vote on freez- not adjourn until we take an up-or- military personnel. I am confident with ing tax rates for everyone before elec- down vote on extending all tax relief the leadership of General David tion day so the American people can for every American. Petraeus, based on the Bush success of see for themselves who supports or op- Iraq, that the Obama surge in Afghani- poses small business and free enter- f prise. stan will promote liberty and peace. HONORING THE SERVICE AND SAC- In conclusion, God bless our troops, f RIFICE OF U.S. ARMY SPE- and we will never forget September the TAX PROPOSAL AND HONORING CIALIST BRYN TODD RAVER 11th in the global war on terrorism. 49TH ANNIVERSARY OF PEACE (Mr. BOOZMAN asked and was given f CORPS permission to revise and extend his re- U.S., ISRAELI, AND PALESTINIAN (Mr. GARAMENDI asked and was marks.) LEADERS DESERVE SUPPORT ON given permission to address the House Mr. BOOZMAN. Mr. Speaker, I rise PEACE TALKS for 1 minute.) today to honor a brave American sol- (Mr. MCGOVERN asked and was Mr. GARAMENDI. Mr. Speaker, I in- dier who sacrificed his life in support of given permission to address the House tended to speak to the 49th anniversary Operation Enduring Freedom, U.S. for 1 minute and to revise and extend of the Peace Corps. On this day, 49 Army Specialist Bryn Todd Raver. his remarks.) years ago, Congress passed and the Bryn joined the Army in December of Mr. MCGOVERN. Mr. Speaker, I com- President signed the authorization for 2007, following in the steps of his mend the U.S., Israeli, and Palestinian the Peace Corps. Over those 49 years, grandfather, a Korean War veteran. leaders for renewing direct peace talks tens of thousands, indeed hundreds of Bryn was assigned to the 1st Brigade in Washington earlier this month and thousands, of Americans have served Special Troops Battalion, 101st Air- continuing them in the Middle East. this country in what is known as the borne Division at Fort Campbell, Ken- Prime Minister Netanyahu and Presi- most difficult job you will ever love, tucky. He served as a military police- dent Abbas have shown great courage and my wife and I did, indeed, love it. man and deployed to Afghanistan in in deciding to end the conflict within 1 However, the tax proposal that’s be- April of 2010. Commanding officers year. We know it won’t be easy, but I fore us is that every American tax- noted that Specialist Raver was the felt such hope when I saw these two payer will receive a lower tax rate on first to prepare for a mission and the leaders stand together and condemn the first $250,000 that they have in ad- last to leave. the deadly attacks on Israel citizens by justed gross income, whether they are His commitment to this country is Hamas. Neither let the enemies of a small business or an individual tax- second to none. Family members say peace undermine the start of negotia- payer. Those that have greater would he loved serving his country and talked tions. This speaks volumes about their pay somewhat higher tax. The other al- about his desire to continue his service commitment to finally achieving a ternative is to run up the deficit an- for 4 more years working to become an two-state solution. other $700 billion, which I think is a Army drill sergeant. Making peace means making tough particularly bad idea. On August 28, 2010, Specialist Raver choices. Each side will have to make But back to the Peace Corps. It’s a died of injuries sustained when insur- painful concessions. The U.S. can pro- great institution, and it’s been sup- gents attacked the armored vehicle he vide support to both parties as they ported by both Democrats and Repub- was driving. He was 20 years old. make these tough decisions, choices licans, and we think that’s a good Mr. Speaker, Specialist Raver and his that have to be made for a better, more thing. family made a tremendous sacrifice for secure future for all their peoples. And that’s the rest of the story. our country. Bryn is a true American

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I ask my colleagues to keep his S. 1674; H.R. 5307; House Resolution grant or cooperative agreement used under family and friends in their thoughts 1545; House Resolution 1560; House Res- section 9) between a tribal organization and and prayers during this very difficult olution 1582; a bill to renew the author- the appropriate Secretary for the planning, conduct, and administration of programs or time. ity of the Secretary of Health and services that are otherwise provided to In- f Human Services to approve demonstra- dian tribes and members of Indian tribes pur- tion projects designed to test innova- suant to Federal law, subject to the condi- ALZHEIMER’S AWARENESS DAY tive strategies in state child welfare tion that, except as provided in section (Mr. THOMPSON of Pennsylvania programs; and a bill to amend the In- 105(a)(3), no contract entered into under title asked and was given permission to re- ternal Revenue Code of 1986 to extend I (or grant or cooperative agreement used the funding and expenditure authority under section 9) shall be— vise and extend his remarks.) ‘‘(1) considered to be a procurement con- Mr. THOMPSON of Pennsylvania. of the Airport and Airway Trust Fund, tract; or Mr. Speaker, there is a thief abroad in to amend title 49, United States Code, ‘‘(2) except as provided in section 107(a)(1), this country stealing the cognitive to extend the airport improvement pro- subject to any Federal procurement law (in- powers of more than 5.3 million Ameri- gram, and for other purposes. cluding regulations);’’. cans. It costs $172 billion annually, but The SPEAKER pro tempore. Is there (b) REPORTING AND AUDIT REQUIREMENTS.— the money is not the true loss. objection to the request of the gentle- Section 5(b) of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. The loss is a son who can still take woman from the Virgin Islands? 450c(b)) is amended— his father to a ball game, but only the There was no objection. (1) by striking ‘‘after completion of the shell of a man remains in the bleacher f project or undertaking referred to in the pre- seat beside him. The loss is a wife who ceding subsection of this section’’ and insert- sits at the dinner table with her hus- ANNOUNCEMENT BY THE SPEAKER ing ‘‘after the retention period for the report band but knows there will be no recip- PRO TEMPORE that is submitted to the Secretary under rocal conversation. The loss is a grand- The SPEAKER pro tempore. Pursu- subsection (a)’’; and (2) by adding at the end the following: child whose best friend can no longer ant to clause 8 of rule XX, the Chair ‘‘The retention period shall be defined in reg- play games with him. will postpone further proceedings ulations promulgated by the Secretary pur- The robber who steals our relatives is today on motions to suspend the rules suant to section 415.’’ Alzheimer’s disease. There is no felony on which a recorded vote or the yeas (c) APPLICATION OF OTHER PROVISIONS.— that can be charged against this killer, and nays are ordered, or on which the Sections 4, 5, 6, 7, 102(c) 104, 105(a)(1), 105(f), even though it is the seventh leading vote incurs objection under clause 6 of 110, and 111 of the Indian Self-Determination and Education Assistance Act, as amended, cause of death in this country. And rule XX. (25 U.S.C. 450 et seq.) (Public Law 93-638; 88 most discouraging is that there is no Record votes on postponed questions Stat. 2203) and section 314 of the Department known cure. will be taken after 6 p.m. today. of the Interior and Related Agencies Appro- The disease afflicts African Ameri- f priations Act, 1991 (Public Law 101-512; 104 cans and Hispanics at a higher rate Stat. 1959), apply to compacts and funding than others, and those with a family DEPARTMENT OF THE INTERIOR agreements entered into under title IV. history of Alzheimer’s are also more at TRIBAL SELF-GOVERNANCE ACT SEC. 102. CONTRACTS BY SECRETARY OF INTE- OF 2010 RIOR. risk. But regardless, every 70 seconds, Section 102 of the Indian Self-Determina- someone in this country will develop Mrs. CHRISTENSEN. Mr. Speaker, I tion and Education Assistance Act (25 U.S.C. this disease. move to suspend the rules and pass the 450f) is amended— September 21 was Alzheimer’s Aware- bill (H.R. 4347) to amend the Indian (1) in subsection (c)(2), by striking ‘‘eco- ness Day. It is worth the time to think Self-Determination and Education As- nomic enterprises’’ and all that follows about ways to support the fight against sistance Act to provide further self- through ‘‘except that’’ and inserting ‘‘eco- nomic enterprises (as defined in section 3 of this disease. governance by Indian tribes, and for the Indian Financing Act of 1974 (25 U.S.C. f other purposes, as amended. 1452)), except that’’; and The Clerk read the title of the bill. (2) by adding at the end the following: COMMUNICATION FROM THE The text of the bill is as follows: ‘‘(f) GOOD FAITH REQUIREMENT.—In the ne- CLERK OF THE HOUSE H.R. 4347 gotiation of contracts and funding agree- The SPEAKER pro tempore laid be- ments, the Secretary shall— Be it enacted by the Senate and House of Rep- ‘‘(1) at all times negotiate in good faith to fore the House the following commu- resentatives of the United States of America in maximize implementation of the self-deter- nication from the Clerk of the House of Congress assembled, mination policy; and Representatives: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(2) carry out this Act in a manner that OFFICE OF THE CLERK, (a) SHORT TITLE.—This Act may be cited as maximizes the policy of tribal self-deter- HOUSE OF REPRESENTATIVES, the ‘‘Department of the Interior Tribal Self- mination, in a manner consistent with the Washington, DC, September 22, 2010. Governance Act of 2010’’. purposes specified in section 3. Hon. NANCY PELOSI, (b) TABLE OF CONTENTS.—The table of con- ‘‘(g) RULE OF CONSTRUCTION.—Each provi- Speaker, House of Representatives, tents of this Act is as follows: sion of this Act and each provision of a con- Washington, DC. Sec. 1. Short title; table of contents. tract or funding agreement shall be liberally construed for the benefit of the Indian tribe DEAR MADAM SPEAKER: Pursuant to the TITLE I—INDIAN SELF-DETERMINATION permission granted in Clause 2(h) of rule II of participating in self-determination, and any the Rules of the U.S. House of Representa- Sec. 101. Definitions; reporting and audit re- ambiguity shall be resolved in favor of the tives, the Clerk received the following mes- quirements; application of pro- Indian tribe.’’. sage from the Secretary of the Senate on visions. SEC. 103. ADMINISTRATIVE PROVISIONS. September 22, 2010 at 12:25 p.m.: Sec. 102. Contracts by Secretary of Interior. Section 105 of the Indian Self-Determina- That the Senate passed S. 3814. Sec. 103. Administrative provisions. tion and Education Assistance Act (25 U.S.C. That the Senate passed S. 3717. Sec. 104. Contract funding and indirect 450j) is amended— With best wishes, I am costs. (1) in subsection (b), in the first sentence, Sincerely, Sec. 105. Contract or grant specifications. by striking ‘‘pursuant to’’ and all that fol- LORRAINE C. MILLER. TITLE II—TRIBAL SELF-GOVERNANCE lows through ‘‘of this Act’’ and inserting Sec. 201. Tribal self-governance. ‘‘pursuant to sections 102 and 103’’; and f (2) by adding at the end the following: TITLE I—INDIAN SELF-DETERMINATION AUTHORIZING THE SPEAKER TO ‘‘(m) INTERPRETATION BY SECRETARY.—Ex- SEC. 101. DEFINITIONS; REPORTING AND AUDIT cept as otherwise provided by law, the Sec- ENTERTAIN MOTIONS TO SUS- REQUIREMENTS; APPLICATION OF retary shall interpret all Federal laws (in- PEND THE RULES ON TOMORROW PROVISIONS. cluding regulations) and Executive orders in Mrs. CHRISTENSEN. Mr. Speaker, I (a) DEFINITIONS.—Section 4 of the Indian a manner that facilitates, to the maximum ask unanimous consent that the Self-Determination and Education Assist- extent practicable— ance Act (25 U.S.C. 450b) is amended by strik- ‘‘(1) the inclusion in self-determination Speaker be authorized to entertain mo- ing subsection (j) and inserting the fol- contracts and funding agreements of— tions to suspend the rules on the legis- lowing: ‘‘(A) applicable programs, services, func- lative day of Thursday, Sept. 23, 2010, ‘‘(j) ‘self-determination contract’ means a tions, and activities (or portions thereof); relating to the following measures: contract entered into under title I (or a and

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‘‘(B) funds associated with those programs, of funds available for the programs assumed ‘‘(i) IN GENERAL.—An Indian tribe may, by services, functions, and activities; by an Indian tribe. tribal resolution, fully or partially withdraw ‘‘(2) the implementation of self-determina- ‘‘(6) INHERENT FEDERAL FUNCTION.—The its tribal share of any program in a funding tion contracts and funding agreements; and term ‘inherent Federal function’ means a agreement from a participating tribal orga- ‘‘(3) the achievement of tribal health objec- Federal function that may not legally be del- nization. tives.’’. egated to an Indian tribe. ‘‘(ii) NOTIFICATION.—The Indian tribe shall SEC. 104. CONTRACT FUNDING AND INDIRECT ‘‘(7) PROGRAM.—The term ‘program’ means provide a copy of the tribal resolution de- COSTS. any program, function, service, or activity scribed in clause (i) to the Secretary. Section 106(a)(3) of the Indian Self-Deter- (or portion thereof) within the Department ‘‘(iii) EFFECTIVE DATE.— mination and Education Assistance Act (25 that is included in a funding agreement. ‘‘(I) IN GENERAL.—A withdrawal under U.S.C. 450j–1(a)(3)) is amended— ‘‘(8) SECRETARY.—The term ‘Secretary’ clause (i) shall become effective on the date (1) in subparagraph (A)— means the Secretary of the Interior. that is specified in the tribal resolution and (A) in clause (i), by striking ‘‘, and’’ and in- ‘‘(9) SELF-GOVERNANCE.—The term ‘self- mutually agreed upon by the Secretary, the serting ‘‘; and’’; and governance’ means the Tribal Self-Govern- withdrawing Indian tribe, and the tribal or- (B) in clause (ii), by striking ‘‘expense re- ance Program established under section 402. ganization that signed the compact and lated to the overhead incurred’’ and insert- ‘‘(10) TRIBAL SHARE.—The term ‘tribal funding agreement on behalf of the with- ing ‘‘expense incurred by the governing body share’ means an Indian tribe’s portion of all drawing Indian tribe or tribal organization. of the Indian tribe or tribal organization and funds and resources that— ‘‘(II) NO SPECIFIED DATE.—In the absence of any overhead expense incurred’’; ‘‘(A) support any program within the Bu- a date specified in the resolution, the with- (2) by redesignating subparagraph (B) as reau of Indian Affairs, the Office of Special drawal shall become effective on— subparagraph (C); and Trustee, or the Office of the Assistant Sec- ‘‘(aa) the earlier of— (3) by inserting after subparagraph (A) the retary for Indian Affairs; and ‘‘(AA) 1 year after the date of submission following: ‘‘(B) are not required by the Secretary for of the request; and ‘‘(B) In calculating the reimbursement rate the performance of an inherent Federal func- ‘‘(BB) the date on which the funding agree- for expenses described in subparagraph tion. ment expires; or (A)(ii), not less than 50 percent of the ex- ‘‘SEC. 402. ESTABLISHMENT. ‘‘(bb) such date as may be mutually agreed penses described in subparagraph (A)(ii) that ‘‘The Secretary shall establish and carry upon by the Secretary, the withdrawing In- are incurred by the governing body of an In- out a program within the Department to be dian tribe, and the tribal organization that dian tribe or tribal organization relating to known as the ‘Tribal Self-Governance Pro- signed the compact and funding agreement a Federal program, function, service, or ac- gram’. on behalf of the withdrawing Indian tribe or tivity carried out pursuant to the contract ‘‘SEC. 403. SELECTION OF PARTICIPATING INDIAN tribal organization. shall be considered to be reasonable and al- TRIBES. ‘‘(E) DISTRIBUTION OF FUNDS.—If an Indian lowable.’’. ‘‘(a) IN GENERAL.— tribe or tribal organization eligible to enter SEC. 105. CONTRACT OR GRANT SPECIFICATIONS. ‘‘(1) PARTICIPANTS.— into a self-determination contract under Section 108 of the Indian Self-Determina- ‘‘(A) IN GENERAL.—The Secretary, acting title I or a compact or funding agreement tion and Education Assistance Act (25 U.S.C. through the Director of the Office of Self- under this title fully or partially withdraws 450l) is amended— Governance, may select up to 50 new Indian from a participating tribal organization, the (1) in subsection (a)(2), by inserting ‘‘sub- tribes per year from those eligible under sub- withdrawing Indian tribe— ject to subsections (a) and (b) of section 102,’’ section (b) to participate in self-governance. ‘‘(i) may elect to enter into a self-deter- before ‘‘contain’’; and ‘‘(B) JOINT PARTICIPATION.—On the request mination contract or compact, in which (2) in subsection (f)(2)(A)(ii) of the model of each participating Indian tribe, 2 or more case— agreement contained in subsection (c), by in- otherwise eligible Indian tribes may be ‘‘(I) the withdrawing Indian tribe or tribal serting ‘‘subject to subsections (a) and (b) of treated as a single Indian tribe for the pur- organization shall be entitled to its tribal section 102 of the Indian Self-Determination pose of participating in self-governance. share of unexpended funds and resources sup- and Education Assistance Act (25 U.S.C. ‘‘(2) OTHER AUTHORIZED INDIAN TRIBE OR porting the programs that the Indian tribe 450f),’’ before ‘‘such other provisions’’. TRIBAL ORGANIZATION.—If an Indian tribe au- will be carrying out under its own self-deter- TITLE II—TRIBAL SELF-GOVERNANCE thorizes another Indian tribe or a tribal or- mination contract or compact and funding ganization to plan for or carry out a program SEC. 201. TRIBAL SELF-GOVERNANCE. agreement (calculated on the same basis as on its behalf under this title, the authorized Title IV of the Indian Self-Determination the funds were initially allocated to the Indian tribe or tribal organization shall have and Education Assistance Act (25 U.S.C. funding agreement of the tribal organiza- the rights and responsibilities of the author- 458aa et seq.) is amended to read as follows: tion); and izing Indian tribe (except as otherwise pro- ‘‘TITLE IV—TRIBAL SELF-GOVERNANCE ‘‘(II) the funds referred to in subclause (I) vided in the authorizing resolution). shall be withdrawn by the Secretary from ‘‘SEC. 401. DEFINITIONS. ‘‘(3) JOINT PARTICIPATION.—2 or more In- the funding agreement of the tribal organiza- ‘‘In this title: dian tribes that are not otherwise eligible tion and transferred to the withdrawing In- ‘‘(1) COMPACT.—The term ‘compact’ means under subsection (b) may be treated as a sin- dian tribe, on the condition that sections 102 a self-governance compact entered into gle Indian tribe for the purpose of partici- and 105(i), as appropriate, shall apply to the under section 404. pating in self-governance as a tribal organi- withdrawing Indian tribe; or ‘‘(2) CONSTRUCTION PROGRAM; CONSTRUCTION zation if— ‘‘(ii) may elect not to enter into a self-de- PROJECT.—The term ‘construction program’ ‘‘(A) each Indian tribe so requests; and termination contract or compact, in which or ‘construction project’ means a tribal un- ‘‘(B) the tribal organization itself, or at case all unexpended funds and resources as- dertaking relating to the administration, least 1 of the Indian tribes participating in sociated with the withdrawing Indian tribe’s planning, environmental determination, de- the tribal organization, is eligible under sub- returned programs (calculated on the same sign, construction, repair, improvement, or section (b). basis as the funds were initially allocated to expansion of roads, bridges, buildings, struc- ‘‘(4) TRIBAL WITHDRAWAL FROM A TRIBAL OR- the funding agreement of the tribal organiza- tures, systems, or other facilities for pur- GANIZATION.— tion) shall be returned by the tribal organi- poses of housing, law enforcement, deten- ‘‘(A) IN GENERAL.—An Indian tribe that zation to the Secretary for operation of the tion, sanitation, water supply, education, ad- withdraws from participation in a tribal or- programs included in the withdrawal. ministration, community, health, irrigation, ganization, in whole or in part, shall be enti- ‘‘(F) RETURN TO MATURE CONTRACT STA- agriculture, conservation, flood control, tled to participate in self-governance if the TUS.—If an Indian tribe elects to operate all transportation, or port facilities, or for other Indian tribe is eligible under subsection (b). or some programs carried out under a com- tribal purposes. ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian pact or funding agreement under this title ‘‘(3) DEPARTMENT.—The term ‘Department’ tribe withdraws from participation in a trib- through a self-determination contract under means the Department of the Interior. al organization, the Indian tribe shall be en- title I, at the option of the Indian tribe, the ‘‘(4) FUNDING AGREEMENT.—The term ‘fund- titled to its tribal share of funds and re- resulting self-determination contract shall ing agreement’ means a funding agreement sources supporting the programs that the In- be a mature self-determination contract as entered into under section 405. dian tribe is entitled to carry out under the long as the Indian tribe meets the require- ‘‘(5) GROSS MISMANAGEMENT.—The term compact and funding agreement of the In- ments set forth in section 4(h). ‘gross mismanagement’ means a significant dian tribe. violation, shown by a preponderance of the ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.— ‘‘(b) ELIGIBILITY.—To be eligible to partici- evidence, of a compact, funding agreement, The withdrawal of an Indian tribe from a pate in self-governance, an Indian tribe or statutory or regulatory requirement ap- tribal organization shall not affect the eligi- shall— plicable to Federal funds— bility of the tribal organization to partici- ‘‘(1) successfully complete the planning ‘‘(A) for a program administered by an In- pate in self-governance on behalf of 1 or phase described in subsection (c); dian tribe; or more other Indian tribes, if the tribal organi- ‘‘(2) request participation in self-govern- ‘‘(B) under a compact or funding agree- zation still qualifies under subsection (b). ance by resolution or other official action by ment that results in a significant reduction ‘‘(D) WITHDRAWAL PROCESS.— the tribal governing body; and

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6816 CONGRESSIONAL RECORD — HOUSE September 22, 2010 ‘‘(3) demonstrate, for the 3 fiscal years pre- agreement with the governing body of an In- or Indians under section 102. Nothing in this ceding the date on which the Indian tribe re- dian tribe or tribal organization in a manner paragraph may be construed to provide any quests participation, financial stability and consistent with the trust responsibility of Indian tribe with a preference with respect financial management capability as evi- the Federal Government, treaty obligations, to the opportunity of that Indian tribe to ad- denced by the Indian tribe having no uncor- and the government-to-government relation- minister programs, services, functions, or ac- rected significant and material audit excep- ship between Indian tribes and the United tivities, or portions thereof, unless that pref- tions in the required annual audit of its self- States. erence is otherwise provided for by law. determination or self-governance agree- ‘‘(b) INCLUDED PROGRAMS.— ‘‘(4) COMPETITIVE BIDDING.—Nothing in this ments with any Federal agency. ‘‘(1) BUREAU OF INDIAN AFFAIRS AND OFFICE section— ‘‘(c) PLANNING PHASE.— OF SPECIAL TRUSTEE.— ‘‘(A) supersedes any express statutory re- ‘‘(1) IN GENERAL.—An Indian tribe seeking ‘‘(A) IN GENERAL.—A funding agreement quirement for competitive bidding; or to begin participation in self-governance shall, as determined by the Indian tribe, au- ‘‘(B) prohibits the inclusion in a funding shall complete a planning phase as provided thorize the Indian tribe to plan, conduct, agreement of a program in which non-Indi- in this subsection. consolidate, administer, and receive full ans have an incidental or legally identifiable ‘‘(2) ACTIVITIES.—The planning phase tribal share funding for all programs carried interest. shall— out by the Bureau of Indian Affairs, the Of- ‘‘(5) EXCLUDED FUNDING.—A funding agree- ‘‘(A) be conducted to the satisfaction of the fice of the Assistant Secretary for Indian Af- ment shall not authorize an Indian tribe to Indian tribe; and fairs, and the Office of the Special Trustee, plan, conduct, administer, or receive tribal ‘‘(B) include— without regard to the agency or office within share funding under any program that— ‘‘(i) legal and budgetary research; and which the program is performed (including ‘‘(A) is provided under the Tribally Con- ‘‘(ii) internal tribal government planning, funding for agency, area, and central office trolled Colleges and Universities Assistance training, and organizational preparation. functions in accordance with section 409(c)), Act of 1978 (25 U.S.C. 1801 et seq.); and that— ‘‘(d) GRANTS.— ‘‘(B) is provided for elementary and sec- ‘‘(i) are provided for in the Act of April 16, ‘‘(1) IN GENERAL.—Subject to the avail- ondary schools under the formula developed ability of appropriations, an Indian tribe or 1934 (25 U.S.C. 452 et seq.); under section 1127 of the Education Amend- tribal organization that meets the require- ‘‘(ii) the Secretary administers for the ben- ments of 1978 (25 U.S.C. 2007). ments of paragraphs (2) and (3) of subsection efit of Indians under the Act of November 2, ‘‘(6) SERVICES, FUNCTIONS, AND RESPONSIBIL- 1921 (25 U.S.C. 13), or any subsequent Act; (b) shall be eligible for grants— ITIES.—A funding agreement shall specify— ‘‘(iii) the Secretary administers for the ‘‘(A) to plan for participation in self-gov- ‘‘(A) the services to be provided under the benefit of Indians with appropriations made ernance; and funding agreement; to agencies other than the Department of ‘‘(B) to negotiate the terms of participa- ‘‘(B) the functions to be performed under the Interior; or tion by the Indian tribe or tribal organiza- the funding agreement; and ‘‘(iv) are provided for the benefit of Indians tion in self-governance, as set forth in a ‘‘(C) the responsibilities of the Indian tribe because of their status as Indians. compact and a funding agreement. and the Secretary under the funding agree- ‘‘(B) INCLUSIONS.—Programs described in ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re- ment. subparagraph (A) shall include all programs ceipt of a grant under paragraph (1) shall not ‘‘(7) BASE BUDGET.— with respect to which Indian tribes or Indi- ‘‘(A) IN GENERAL.—A funding agreement be a requirement of participation in self-gov- ans are primary or significant beneficiaries. ernance. pursuant to paragraphs (1) and (3) shall, at ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL ‘‘SEC. 404. COMPACTS. the option of the Indian tribe, provide for a SIGNIFICANCE.— stable base budget specifying the recurring ‘‘(a) IN GENERAL.—The Secretary shall ne- ‘‘(A) IN GENERAL.—A funding agreement gotiate and enter into a written compact funds (which may include funds available under subsection (a) may, in accordance with under section 106(a)) to be transferred to the with each Indian tribe participating in self- such additional terms as the parties consider governance in a manner consistent with the Indian tribe, for such period as the Indian to be appropriate, include programs, serv- tribe specifies in the funding agreement, sub- trust responsibility of the Federal Govern- ices, functions, and activities (or portions ject to annual adjustment only to reflect ment, treaty obligations, and the govern- thereof), administered by the Secretary, in changes in congressional appropriations. ment-to-government relationship between addition to programs described in paragraphs ‘‘(B) DISCRETIONARY PROGRAMS OF SPECIAL Indian tribes and the United States. (1) and (3), that are of special geographical, SIGNIFICANCE.—Upon agreement by the Sec- ‘‘(b) CONTENTS.—A compact under sub- historical, or cultural significance to the In- retary, a funding agreement under paragraph section (a) shall— dian tribe. (2) may also provide for a stable base budget. ‘‘(1) specify and affirm the general terms of ‘‘(B) GOVERNING PROVISIONS.—A funding ‘‘(8) NO WAIVER OF TRUST RESPONSIBILITY.— the government-to-government relationship agreement described in subparagraph (A), in- A funding agreement shall prohibit the Sec- between the Indian tribe and the Secretary; cluding the additional terms, shall be gov- retary from waiving, modifying, or dimin- and erned by this title, except that, subject to ishing in any way the trust responsibility of ‘‘(2) include such terms as the parties in- the discretion of the Secretary— the United States with respect to Indian tend shall control during the term of the ‘‘(i) in accordance with section 406(d), the tribes and individual Indians that exists compact. Indian tribe may have reallocation, consoli- under treaties, Executive orders, court deci- ‘‘(c) AMENDMENT.—A compact under sub- dation, and redesign authority over any pro- sions, and other laws. section (a) may be amended only by agree- gram assumed under this paragraph; ‘‘(c) AMENDMENT.—The Secretary shall not ment of the parties. ‘‘(ii) notwithstanding section 408, the Sec- revise, amend, or require additional terms in ‘‘(d) EFFECTIVE DATE.—The effective date retary may require special terms and condi- a new or subsequent funding agreement of a compact under subsection (a) shall be— tions regarding a construction program or without the consent of the Indian tribe, un- ‘‘(1) the date of the execution of the com- project assumed under this paragraph; less such terms are required by Federal law. pact by the parties; or ‘‘(iii) all Federal regulations that other- ‘‘(d) EFFECTIVE DATE.—A funding agree- ‘‘(2) another date agreed upon by the par- wise govern the operation of any program as- ment shall become effective on the date ties. sumed under this paragraph apply to the In- specified in the funding agreement. ‘‘(e) DURATION.—A compact under sub- dian tribe, unless a specific regulation is ‘‘(e) EXISTING AND SUBSEQUENT FUNDING section (a) shall remain in effect— waived by the Secretary under the proce- AGREEMENTS.— ‘‘(1) for so long as permitted by Federal dures set forth in section 410(b)(2), which ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— law; or waiver request may be denied upon a specific Absent notification from an Indian tribe ‘‘(2) until termination by written agree- finding by the Secretary that the waiver is that the Indian tribe is withdrawing or retro- ment, retrocession, or reassumption. prohibited by Federal law or is inconsistent ceding the operation of 1 or more programs ‘‘(f) EXISTING COMPACTS.—An Indian tribe with the express provisions of the funding identified in a funding agreement under participating in self-governance under this agreement; and paragraph (1) or (3) of subsection (b), or un- title, as in effect on the date of enactment of ‘‘(iv) a stable base budget, as described in less otherwise agreed to by the parties to the the Department of the Interior Tribal Self- paragraph (7)(B), may be provided for any funding agreement or by the nature of any Governance Act of 2010, shall have the option program assumed under this paragraph. noncontinuing program, service, function, or at any time after that date— ‘‘(3) PROGRAMS OTHERWISE AVAILABLE.—A activity contained in a funding agreement— ‘‘(1) to retain its negotiated compact (in funding agreement shall, as determined by ‘‘(A) a funding agreement shall remain in whole or in part) to the extent that the pro- the Indian tribe, authorize the Indian tribe full force and effect until a subsequent fund- visions of the compact are not directly con- to plan, conduct, consolidate, administer, ing agreement is executed, with funding paid trary to any express provision of this title; and receive full tribal share funding for any annually for each fiscal year the agreement or program administered by the Department is in effect; and ‘‘(2) to negotiate a new compact in a man- other than through the Bureau of Indian Af- ‘‘(B) the term of the subsequent funding ner consistent with this title. fairs, the Office of the Assistant Secretary agreement shall be retroactive to the end of ‘‘SEC. 405. FUNDING AGREEMENTS. for Indian Affairs, or the Office of the Spe- the term of the preceding funding agreement ‘‘(a) IN GENERAL.—The Secretary shall ne- cial Trustee, that the Secretary has deter- for the purposes of calculating the amount of gotiate and enter into a written funding mined is otherwise available to Indian tribes funding to which the Indian tribe is entitled.

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‘‘(2) DISPUTES.—Disputes over the imple- ‘‘(f) NONDUPLICATION.—A funding agree- ‘‘(c) INABILITY TO AGREE ON COMPACT OR mentation of paragraph (1)(A) shall be sub- ment shall provide that, for the period for FUNDING AGREEMENT.— ject to section 407(c). which, and to the extent to which, funding is ‘‘(1) FINAL OFFER.—If the Secretary and a ‘‘(3) EXISTING FUNDING AGREEMENTS.—An provided to an Indian tribe under this title, participating Indian tribe are unable to Indian tribe that was participating in self- the Indian tribe— agree, in whole or in part, on the terms of a governance under this title on the date of en- ‘‘(1) shall not be entitled to contract with compact or funding agreement (including actment of the Department of the Interior the Secretary for funds under section 102, ex- funding levels), the Indian tribe may submit Tribal Self-Governance Act of 2010 shall have cept that the Indian tribe shall be eligible a final offer to the Secretary. the option at any time after that date— for new programs on the same basis as other ‘‘(2) DETERMINATION.—Not more than 60 ‘‘(A) to retain its existing funding agree- Indian tribes; and days after the date of delivery of a final offer ment (in whole or in part) to the extent that ‘‘(2) shall be responsible for the adminis- to the designated officials under paragraph the provisions of that funding agreement are tration of programs in accordance with the (4), the Secretary shall review and make a not directly contrary to any express provi- compact or funding agreement. determination with respect to the final offer. ‘‘(g) RECORDS.— sion of this title; or ‘‘(3) EXTENSIONS.—The deadline described ‘‘(B) to negotiate a new funding agreement ‘‘(1) IN GENERAL.—Unless an Indian tribe specifies otherwise in the compact or fund- in paragraph (2) may be extended for any in a manner consistent with this title. length of time, as agreed upon by both the ‘‘(4) MULTIYEAR FUNDING AGREEMENTS.—An ing agreement, records of an Indian tribe shall not be considered to be Federal records Indian tribe and the Secretary. Indian tribe may, at the discretion of the In- ‘‘(4) DESIGNATED OFFICIALS.—The Secretary dian tribe, negotiate with the Secretary for for purposes of chapter 5 of title 5, United States Code. shall designate 1 or more appropriate offi- a funding agreement with a term that ex- cials in the Department to receive a copy of ceeds 1 year. ‘‘(2) RECORDKEEPING SYSTEM.—An Indian tribe shall— the final offer described in paragraph (1). ‘‘SEC. 406. GENERAL PROVISIONS. ‘‘(A) maintain a recordkeeping system; and ‘‘(5) NO TIMELY DETERMINATION.—If the Sec- ‘‘(a) APPLICABILITY.—An Indian tribe and ‘‘(B) on a notice period of not less than 30 retary fails to make a determination with the Secretary shall include in any compact respect to a final offer within the period or funding agreement provisions that reflect days, provide the Secretary with reasonable access to the records to enable the Depart- specified in paragraph (2), the Secretary the requirements of this title. shall be deemed to have agreed to the offer. ‘‘(b) CONFLICTS OF INTEREST.—An Indian ment to meet the requirements of sections ‘‘(6) REJECTION OF FINAL OFFER.— tribe participating in self-governance shall 3101 through 3106 of title 44, United States Code. ‘‘(A) IN GENERAL.—If the Secretary rejects ensure that internal measures are in place to a final offer (or 1 or more provisions or fund- address, pursuant to tribal law and proce- ‘‘SEC. 407. PROVISIONS RELATED TO THE SEC- ing levels in a final offer), the Secretary dures, conflicts of interest in the administra- RETARY. shall— tion of programs. ‘‘(a) TRUST EVALUATIONS.—A funding ‘‘(i) provide timely written notification to ‘‘(c) AUDITS.— agreement shall include a provision to mon- the Indian tribe that contains a specific find- ‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 itor the performance of trust functions by of title 31, United States Code, shall apply to the Indian tribe through the annual trust ing that clearly demonstrates, or that is sup- a funding agreement under this title. evaluation. ported by a controlling legal authority, ‘‘(b) REASSUMPTION.— that— ‘‘(2) COST PRINCIPLES.—An Indian tribe shall apply cost principles under the applica- ‘‘(1) IN GENERAL.—A compact or funding ‘‘(I) the amount of funds proposed in the ble Office of Management and Budget cir- agreement shall include provisions for the final offer exceeds the applicable funding cular, except as modified by— Secretary to reassume a program and associ- level to which the Indian tribe is entitled ‘‘(A) any provision of law, including sec- ated funding if there is a specific finding re- under this title because the final offer would tion 106; or lating to that program of— reduce the funds that any other Indian tribe ‘‘(B) any exemptions to applicable Office of ‘‘(A) imminent jeopardy to a trust asset, or tribal organization is entitled to receive Management and Budget circulars subse- natural resources, or public health and safe- under Federal law; quently granted by the Office of Manage- ty that— ‘‘(II) the program that is the subject of the ment and Budget. ‘‘(i) is caused by an act or omission of the final offer is an inherent Federal function or Indian tribe; and is subject to the discretion of the Secretary ‘‘(3) FEDERAL CLAIMS.—Any claim by the Federal Government against an Indian tribe ‘‘(ii) arises out of a failure to carry out the under section 405(b)(2); relating to funds received under a funding compact or funding agreement; or ‘‘(III) the Indian tribe cannot carry out the agreement based on any audit under this ‘‘(B) gross mismanagement with respect to program in a manner that would not result subsection shall be subject to section 106(f). funds transferred to an Indian tribe under a in significant danger or risk to the public ‘‘(d) REDESIGN AND CONSOLIDATION.—An In- compact or funding agreement, as deter- health; dian tribe may redesign or consolidate pro- mined by the Secretary in consultation with ‘‘(IV) the Indian tribe is not eligible to par- grams or reallocate funds for programs in the Inspector General, as appropriate. ticipate in self-governance under section any manner that the Indian tribe determines ‘‘(2) PROHIBITION.—The Secretary shall not 403(b); or to be in the best interest of the Indian com- reassume operation of a program, in whole or ‘‘(V) the funding agreement would violate munity being served, so long as that the re- part, unless— a Federal statute or regulation; design or consolidation does not have the ef- ‘‘(A) the Secretary first provides written ‘‘(ii) provide technical assistance to over- fect of denying eligibility for services to pop- notice and a hearing on the record to the In- come the objections stated in the notifica- ulation groups otherwise eligible to be dian tribe; and tion required by clause (i); served under applicable Federal law, except ‘‘(B) the Indian tribe does not take correc- ‘‘(iii) provide the Indian tribe with— that, with respect to the reallocation, con- tive action to remedy the mismanagement of ‘‘(I) a hearing on the record with the right solidation, and redesign of programs de- the funds or programs, or the imminent jeop- to engage in full discovery relevant to any scribed in section 405(b)(2), a joint agreement ardy to a trust asset, natural resource, or issue raised in the matter; and between the Secretary and the Indian tribe public health and safety. ‘‘(II) the opportunity for appeal on the ob- shall be required. ‘‘(3) EXCEPTION.— jections raised (except that the Indian tribe ‘‘(e) RETROCESSION.— ‘‘(A) IN GENERAL.—Notwithstanding para- may, in lieu of filing such appeal, directly ‘‘(1) IN GENERAL.—An Indian tribe may graph (2), the Secretary may, on written no- proceed to initiate an action in a United fully or partially retrocede to the Secretary tice to the Indian tribe, immediately re- States district court under section 110(a)); any program under a compact or funding assume operation of a program if— and agreement. ‘‘(i) the Secretary makes a finding of im- ‘‘(iv) provide the Indian tribe the option of ‘‘(2) EFFECTIVE DATE.— minent and substantial jeopardy and irrep- entering into the severable portions of a ‘‘(A) AGREEMENT.—Unless an Indian tribe arable harm to a trust asset, a natural re- final proposed compact or funding agreement rescinds a request for retrocession under source, or the public health and safety (including a lesser funding amount, if any), paragraph (1), the retrocession shall become caused by an act or omission of the Indian that the Secretary did not reject, subject to effective on the date specified by the parties tribe; and any additional alterations necessary to con- in the compact or funding agreement. ‘‘(ii) the imminent and substantial jeop- form the compact or funding agreement to ‘‘(B) NO AGREEMENT.—In the absence of a ardy, and irreparable harm to the trust the severed provisions. specification of an effective date in the com- asset, natural resource, or public health and ‘‘(B) EFFECT OF EXERCISING CERTAIN OP- pact or funding agreement, the retrocession safety arises out of a failure by the Indian TION.—If an Indian tribe exercises the option shall become effective on— tribe to carry out the terms of an applicable specified in subparagraph (A)(iv)— ‘‘(i) the earlier of— compact or funding agreement. ‘‘(i) the Indian tribe shall retain the right ‘‘(I) 1 year after the date on which the re- ‘‘(B) REASSUMPTION.—If the Secretary re- to appeal the rejection by the Secretary quest is submitted; and assumes operation of a program under sub- under this section; and ‘‘(II) the date on which the funding agree- paragraph (A), the Secretary shall provide ‘‘(ii) clauses (i), (ii), and (iii) of subpara- ment expires; or the Indian tribe with a hearing on the record graph (A) shall apply only to the portion of ‘‘(ii) such date as may be mutually agreed not later than 10 days after the date of re- the proposed final compact or funding agree- upon by the Secretary and the Indian tribe. assumption. ment that was rejected by the Secretary.

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‘‘(d) BURDEN OF PROOF.—In any administra- the status of a responsible Federal official ‘‘(2) ADVANCE PAYMENTS.—The Secretary tive action, hearing, or appeal or civil action under those Acts or regulations; and shall include all associated project contin- brought under this section, the Secretary ‘‘(2) accepting the jurisdiction of the gency funds with each advance payment, and shall have the burden of demonstrating— United States courts for the purpose of en- the Indian tribe shall be responsible for the ‘‘(1) by a preponderance of the evidence, forcing the responsibilities of the certifying management of such contingency funds. the validity of the grounds for a reassump- tribal officer assuming the status of a re- ‘‘(g) NEGOTIATIONS.—At the option of the tion under subsection (b); and sponsible Federal official under those Acts Indian tribe, construction project funding ‘‘(2) by clear and convincing evidence, the or regulations. proposals shall be negotiated pursuant to the grounds for rejecting a final offer made ‘‘(c) SAVINGS CLAUSE.—Notwithstanding statutory process in section 105, and any re- under subsection (c). subsection (b), nothing in this Act authorizes sulting construction project agreement shall ‘‘(e) GOOD FAITH.— the Secretary to include in any compact or be incorporated into the funding agreement ‘‘(1) IN GENERAL.—In the negotiation of funding agreement duties of the Secretary as addenda. compacts and funding agreements, the Sec- under the National Environmental Policy ‘‘(h) FEDERAL REVIEW AND VERIFICATION.— retary shall at all times negotiate in good Act (42 U.S.C. 4321 et seq.), the National His- ‘‘(1) IN GENERAL.—The Secretary shall faith to maximize implementation of the toric Preservation Act (16 U.S.C. 470 et seq.), have— self-governance policy. and other related provisions of law that are ‘‘(A) at least 1 opportunity to review and ‘‘(2) POLICY.—The Secretary shall carry out inherent Federal functions. verify, to the satisfaction of the Secretary, this title in a manner that maximizes the ‘‘(d) CODES AND STANDARDS.—In carrying that project planning and design documents policy of tribal self-governance. out a construction project under this title, prepared by the Indian tribe in advance of ‘‘(f) SAVINGS.— an Indian tribe shall— initial construction are in conformity with ‘‘(1) IN GENERAL.—To the extent that pro- ‘‘(1) adhere to applicable Federal, State, the obligations of the Indian tribe under sub- grams carried out for the benefit of Indian local, and tribal building codes, architec- section (c); and tribes and tribal organizations under this tural and engineering standards, and applica- ‘‘(B) before the project planning and design title reduce the administrative or other re- ble Federal guidelines regarding design, documents are implemented, at least 1 op- sponsibilities of the Secretary with respect space, and operational standards, appro- portunity to review and verify to the satis- to the operation of Indian programs and re- priate for the particular project; and faction of the Secretary that subsequent doc- sult in savings that have not otherwise been ‘‘(2) use only architects and engineers ument amendments which result in a signifi- included in the amount of tribal shares and who— cant change in construction are in con- other funds determined under section 409(c), ‘‘(A) are licensed to practice in the State formity with the obligations of the Indian except for funding agreements entered into in which the facility will be built; and tribe under subsection (c). for programs under section 405(b)(2), the Sec- ‘‘(B) certify that— ‘‘(2) REPORTS.—The Indian tribe shall pro- retary shall make such savings available to ‘‘(i) they are qualified to perform the work vide the Secretary with project progress and the Indian tribes or tribal organizations for required by the specific construction in- financial reports not less than semiannually. the provision of additional services to pro- volved; and ‘‘(3) OVERSIGHT VISITS.—The Secretary may conduct onsite project oversight visits semi- gram beneficiaries in a manner equitable to ‘‘(ii) upon completion of design, the plans annually or on an alternate schedule agreed directly served, contracted, and compacted and specifications meet or exceed the appli- to by the Secretary and the Indian tribe. programs. cable construction and safety codes. ‘‘(e) TRIBAL ACCOUNTABILITY.— ‘‘(i) APPLICATION OF OTHER LAWS.—Unless ‘‘(2) DISCRETIONARY PROGRAMS OF SPECIAL ‘‘(1) IN GENERAL.—In carrying out a con- otherwise agreed to by the Indian tribe and SIGNIFICANCE.—For any savings generated as struction project under this title, an Indian except as otherwise provided in this Act, no a result of the assumption of a program by provision of the Office of Federal Procure- an Indian tribe under section 405(b)(2), such tribe shall assume responsibility for the suc- cessful completion of the construction ment Policy Act (41 U.S.C. 401 et seq.), the savings shall be made available to that In- Federal Acquisition Regulations issued pur- dian tribe. project and of a facility that is usable for the purpose for which the Indian tribe received suant to that Act, or any other law or regu- ‘‘(g) TRUST RESPONSIBILITY.—The Sec- lation pertaining to Federal procurement retary may not waive, modify, or diminish in funding. ‘‘(2) REQUIREMENTS.—For each construc- (including Executive orders) shall apply to any way the trust responsibility of the any construction program or project carried United States with respect to Indian tribes tion project carried out by an Indian tribe under this title, the Indian tribe and the Sec- out under this title. and individual Indians that exists under ‘‘(j) FUTURE FUNDING.—Upon completion of retary shall negotiate a provision to be in- treaties, Executive orders, other laws, or a facility constructed under this title, the cluded in the funding agreement that identi- court decisions. Secretary shall include the facility among ‘‘(h) DECISIONMAKER.—A decision that con- fies— those eligible for annual operation and main- stitutes final agency action and relates to an ‘‘(A) the approximate start and completion tenance funding support comparable to that appeal within the Department conducted dates for the project, which may extend over provided for similar facilities funded by the under subsection (c)(4) may be made by— a period of 1 or more years; Department as annual appropriations are ‘‘(1) an official of the Department who ‘‘(B) a general description of the project, available and to the extent that the facility holds a position at a higher organizational including the scope of work, references to de- size and complexity and other factors do not level within the Department than the level sign criteria, and other terms and condi- exceed the funding formula criteria for com- of the departmental agency in which the de- tions; parable buildings. cision that is the subject of the appeal was ‘‘(C) the responsibilities of the Indian tribe ‘‘SEC. 409. PAYMENT. made; or and the Secretary for the project; ‘‘(a) IN GENERAL.—At the request of the ‘‘(2) an administrative law judge. ‘‘(D) how project-related environmental governing body of an Indian tribe and under ‘‘(i) RULES OF CONSTRUCTION.—Each provi- considerations will be addressed; the terms of an applicable funding agree- sion of this title and each provision of a com- ‘‘(E) the amount of funds provided for the ment, the Secretary shall provide funding to pact or funding agreement shall be liberally project; the Indian tribe to carry out the funding construed for the benefit of the Indian tribe ‘‘(F) the obligations of the Indian tribe to agreement. participating in self-governance, and any comply with the codes referenced in sub- ‘‘(b) ADVANCE ANNUAL PAYMENT.—At the ambiguity shall be resolved in favor of the section (c)(1) and applicable Federal laws and option of the Indian tribe, a funding agree- Indian tribe. regulations; ment shall provide for an advance annual ‘‘SEC. 408. CONSTRUCTION PROGRAMS AND ‘‘(G) the agreement of the parties over who payment to an Indian tribe. PROJECTS. will bear any additional costs necessary to ‘‘(c) AMOUNT.— ‘‘(a) IN GENERAL.—Indian tribes partici- meet changes in scope, or errors or omissions ‘‘(1) IN GENERAL.—Subject to subsection (e) pating in tribal self-governance may carry in design and construction; and and sections 405 and 406, the Secretary shall out construction projects under this title. ‘‘(H) the agreement of the Secretary to provide funds to the Indian tribe under a ‘‘(b) TRIBAL OPTION TO CARRY OUT CERTAIN issue a certificate of occupancy, if requested funding agreement for programs in an FEDERAL ENVIRONMENTAL ACTIVITIES.—In by the Indian tribe, based upon the review amount that is equal to the amount that the carrying out a construction project under and verification by the Secretary, to the sat- Indian tribe would have been entitled to re- this title, an Indian tribe may, subject to the isfaction of the Secretary, that the Indian ceive under contracts and grants under this agreement of the Secretary, elect to assume tribe has secured upon completion the review Act (including amounts for direct program some Federal responsibilities under the Na- and approval of the plans and specifications, and contract support costs and, in addition, tional Environmental Policy Act of 1969 (42 sufficiency of design, life safety, and code any funds that are specifically or function- U.S.C. 4321 et seq.), the National Historic compliance by qualified, licensed, and inde- ally related to the provision by the Sec- Preservation Act (16 U.S.C. 470 et seq.), and pendent architects and engineers. retary of services and benefits to the Indian related provisions of law and regulations ‘‘(f) FUNDING.— tribe or its members) without regard to the that would apply if the Secretary were to un- ‘‘(1) IN GENERAL.—Funding appropriated for organization level within the Department at dertake a construction project, by adopting construction projects carried out under this which the programs are carried out. a resolution— title shall be included in funding agreements ‘‘(2) SAVINGS CLAUSE.—Nothing in this sec- ‘‘(1) designating a certifying tribal officer as annual or semiannual advance payments tion reduces programs, services, or funds of, to represent the Indian tribe and to assume at the option of the Indian tribe. or provided to, another Indian tribe.

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‘‘(d) TIMING.— plies, or resources to the Indian tribe under Secretary and the designated officials under ‘‘(1) IN GENERAL.—Pursuant to the terms of this title. paragraph (4) of a request under paragraph any compact or funding agreement entered ‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of (1), the Secretary shall approve or deny the into under this title, the Secretary shall title 31, United States Code, shall apply to requested waiver in writing to the Indian transfer to the Indian tribe all funds pro- the transfer of funds due under a compact or tribe. vided for in the funding agreement, pursuant funding agreement authorized under this ‘‘(3) EXTENSIONS.—The deadline described to subsection (c), and provide funding for pe- title. in paragraph (2) may be extended for any riods covered by joint resolution adopted by ‘‘(j) INTEREST OR OTHER INCOME.— length of time, as agreed upon by both the Congress making continuing appropriations, ‘‘(1) IN GENERAL.—An Indian tribe may re- Indian tribe and the Secretary. to the extent permitted by such resolution. tain interest or income earned on any funds ‘‘(4) DESIGNATED OFFICIALS.—The Secretary ‘‘(2) TRANSFERS.—Not later than 1 year paid under a compact or funding agreement shall designate 1 or more appropriate offi- after the date of enactment of the Depart- to carry out governmental purposes. cials in the Department to receive a copy of ment of the Interior Tribal Self-Governance ‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The the waiver request described in paragraph Act of 2010, in any instance in which a fund- retention of interest or income under para- (1). ing agreement requires an annual transfer of graph (1) shall not diminish the amount of ‘‘(5) GROUND FOR DENIAL.—The Secretary funding to be made at the beginning of a fis- funds an Indian tribe is entitled to receive may deny a request under paragraph (1)— cal year or requires semiannual or other under a funding agreement in the year the ‘‘(A) for a program eligible under para- periodic transfers of funding to be made interest or income is earned or in any subse- graph (1) or (3) of section 405(b), only upon a commencing at the beginning of a fiscal quent fiscal year. specific finding by the Secretary that the year, the first such transfer shall be made ‘‘(3) INVESTMENT STANDARD.—Funds trans- identified text in the regulation may not be not later than 10 days after the apportion- ferred under this title shall be managed by waived because such a waiver is prohibited ment of such funds by the Office of Manage- the Indian tribe using the prudent invest- by Federal law; and ment and Budget to the Department, unless ment standard, provided that the Secretary ‘‘(B) for a program eligible under section the funding agreement provides otherwise. shall not be liable for any investment losses 405(b)(2), upon a specific finding by the Sec- ‘‘(e) AVAILABILITY.—Funds for trust serv- of funds managed by the Indian tribe that retary that the waiver is prohibited by Fed- ices to individual Indians shall be available are not otherwise guaranteed or insured by eral law or is inconsistent with the express under a funding agreement only to the ex- the Federal Government. provisions of the funding agreement. ‘‘(k) CARRYOVER OF FUNDS.— tent that the same services that would have ‘‘(6) FAILURE TO MAKE DETERMINATION.—If ‘‘(1) IN GENERAL.—Notwithstanding any been provided by the Secretary are provided the Secretary fails to approve or deny a provision of an appropriations Act, all funds to individual Indians by the Indian tribe. waiver request within the period required paid to an Indian tribe in accordance with a ‘‘(f) MULTIYEAR FUNDING.—A funding agree- under paragraph (2), the Secretary shall be compact or funding agreement shall remain ment may provide for multiyear funding. deemed to have approved the request. available until expended. ‘‘(g) LIMITATIONS ON AUTHORITY OF THE ‘‘(7) FINALITY.—A decision of the Secretary ‘‘(2) EFFECT OF CARRYOVER.—If an Indian SECRETARY.—The Secretary shall not— under this section shall be final for the De- tribe elects to carry over funding from 1 year partment. ‘‘(1) fail to transfer to an Indian tribe its to the next, the carryover shall not diminish ‘‘SEC. 411. DISCLAIMERS. full share of any central, headquarters, re- the amount of funds the Indian tribe is enti- ‘‘Nothing in this title expands or alters gional, area, or service unit office or other tled to receive under a funding agreement in any statutory authority of the Secretary in funds due under this title for programs eligi- that fiscal year or any subsequent fiscal a manner that authorizes the Secretary to ble under paragraph (1) or (3) of section year. 405(b), except as required by Federal law; ‘‘(l) LIMITATION OF COSTS.— enter into any agreement under section 405— ‘‘(2) withhold any portion of such funds for ‘‘(1) IN GENERAL.—An Indian tribe shall not ‘‘(1) with respect to an inherent Federal transfer over a period of years; or be obligated to continue performance that function; ‘‘(3) reduce the amount of funds required requires an expenditure of funds in excess of ‘‘(2) in a case in which the law establishing under this title— the amount of funds transferred under a a program explicitly prohibits the type of ‘‘(A) to make funding available for self- compact or funding agreement. participation sought by the Indian tribe governance monitoring or administration by ‘‘(2) NOTICE OF INSUFFICIENCY.—If at any (without regard to whether 1 or more Indian the Secretary; time the Indian tribe has reason to believe tribes are identified in the authorizing law); ‘‘(B) in subsequent years, except as nec- that the total amount provided for a specific or essary as a result of— activity under a compact or funding agree- ‘‘(3) that limits or reduces in any way the ‘‘(i) a reduction in appropriations from the ment is insufficient, the Indian tribe shall services, contracts, or funds that any other previous fiscal year for the program to be in- provide reasonable notice of such insuffi- Indian tribe or tribal organization is eligible cluded in a compact or funding agreement; ciency to the Secretary. to receive under section 102 or any other ap- ‘‘(ii) a congressional directive in legisla- ‘‘(3) SUSPENSION OF PERFORMANCE.—If, after plicable Federal law. tion or an accompanying report; notice under paragraph (2), the Secretary ‘‘SEC. 412. DISCRETIONARY APPLICATION OF ‘‘(iii) a tribal authorization; does not increase the amount of funds trans- OTHER SECTIONS. ‘‘(iv) a change in the amount of pass- ferred under the funding agreement, the In- ‘‘(a) IN GENERAL.—Except as otherwise pro- through funds subject to the terms of the dian tribe may suspend performance of the vided in section 101(c), at the option of a par- funding agreement; or activity until such time as additional funds ticipating Indian tribe or Indian tribes, any ‘‘(v) completion of an activity under a pro- are transferred. of the provisions of title I may be incor- gram for which the funds were provided; ‘‘(4) SAVINGS CLAUSE.—Nothing in this sec- porated in any compact or funding agree- ‘‘(C) to pay for Federal functions, includ- tion reduces any programs, services, or funds ment under this title. ing— of, or provided to, another Indian tribe. ‘‘(b) EFFECT.—Each incorporated provision ‘‘(i) Federal pay costs; ‘‘(m) DISTRIBUTION OF FUNDS.—The Office under subsection (a) shall— ‘‘(ii) Federal employee retirement benefits; of Self-Governance shall be responsible for ‘‘(1) have the same force and effect as if set ‘‘(iii) automated data processing; distribution of all Bureau of Indian Affairs out in full in this title; ‘‘(iv) technical assistance; and funds provided under this title unless other- ‘‘(2) supplement or replace any related pro- ‘‘(v) monitoring of activities under this wise agreed by the parties to an applicable vision in this title; and title; or funding agreement. ‘‘(3) apply to any agency otherwise gov- ‘‘(D) to pay for costs of Federal personnel ‘‘SEC. 410. FACILITATION. erned by this title. displaced by self-determination contracts ‘‘(a) IN GENERAL.—Except as otherwise pro- ‘‘(c) EFFECTIVE DATE.—If an Indian tribe under this Act or self-governance under this vided by law, the Secretary shall interpret requests incorporation at the negotiation title. each Federal law and regulation in a manner stage of a compact or funding agreement, the ‘‘(h) FEDERAL RESOURCES.—If an Indian that facilitates— incorporation shall— tribe elects to carry out a compact or fund- ‘‘(1) the inclusion of programs in funding ‘‘(1) be effective immediately; and ing agreement with the use of Federal per- agreements; and ‘‘(2) control the negotiation and resulting sonnel, Federal supplies (including supplies ‘‘(2) the implementation of funding agree- compact and funding agreement. available from Federal warehouse facilities), ments. ‘‘SEC. 413. FUNDING NEEDS. Federal supply sources (including lodging, ‘‘(b) REGULATION WAIVER.— ‘‘(a) REQUIREMENT OF ANNUAL BUDGET RE- airline transportation, and other means of ‘‘(1) REQUEST.—An Indian tribe may submit QUEST.— transportation, including the use of inter- to the Secretary a written request for a ‘‘(1) IN GENERAL.—The President shall iden- agency motor pool vehicles), or other Fed- waiver of applicability of a Federal regula- tify in a report to accompany the annual eral resources (including supplies, services, tion, including— budget request submitted to Congress under and resources available to the Secretary ‘‘(A) an identification of the specific text section 1105 of title 31, United States Code, under any procurement contracts in which in the regulation sought to be waived; and all amounts necessary to fully fund all fund- the Department is eligible to participate), ‘‘(B) the basis for the request. ing agreements entered into under this Act. the Secretary shall, as soon as practicable, ‘‘(2) DETERMINATION BY THE SECRETARY.— ‘‘(2) DUTY OF SECRETARY.—The Secretary acquire and transfer such personnel, sup- Not later than 120 days after receipt by the shall identify in a report to accompany each

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6820 CONGRESSIONAL RECORD — HOUSE September 22, 2010 budget request the amount of funds that are other Federal agency) for inclusion in com- paragraph (1) shall expire on the date that is sufficient for planning and negotiation pacts or funding agreements; 24 months after the date of enactment of the grants and sufficient to cover any shortfall ‘‘(4) before being submitted to Congress, be Department of the Interior Tribal Self-Gov- in funding identified under subsection (b). distributed to the Indian tribes for comment ernance Act of 2010. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in (with a comment period of not less than 30 ‘‘(b) COMMITTEE.— this subsection authorizes the Secretary to days); and ‘‘(1) MEMBERSHIP.—A negotiated rule- reduce the programs, services, or funds to an ‘‘(5) include the separate views and com- making committee established pursuant to Indian tribe. ments of each Indian tribe or tribal organiza- section 565 of title 5, United States Code, to ‘‘(b) PRESENT FUNDING; SHORTFALLS.— tion. carry out this section shall have as its mem- ‘‘(1) IN GENERAL.—In each report described ‘‘(c) REPORT ON NON-BIA, NON-OST PRO- bers only representatives of the Federal Gov- in subsection (a)(2), the Secretary shall iden- GRAMS.— ernment and tribal government. tify the level of need presently funded and ‘‘(1) IN GENERAL.—In order to optimize op- ‘‘(2) LEAD AGENCY.—Among the Federal any shortfall in funding (including direct portunities for Indian tribes participating in representatives described in paragraph (1), program costs, tribal shares, and contract self-governance under this title, the Sec- the Office of Self-Governance shall be the support costs) for each Indian tribe, directly retary shall— lead agency for the Department. by the Secretary, under self-determination ‘‘(A) review all programs administered by ‘‘(c) ADAPTATION OF PROCEDURES.—The contracts, or compacts, or funding agree- the Department, other than through the Bu- Secretary shall adapt the negotiated rule- ments. reau of Indian Affairs, the Office of the As- making procedures to the unique context of ‘‘(2) SCHEDULE.— sistant Secretary for Indian Affairs, or the self-governance and the government-to-gov- ‘‘(A) FIRST REPORT.—The first report re- Office of Special Trustee, without regard to ernment relationship between the United quired under subsection (a)(1) shall be— the agency or office concerned; and States and Indian tribes. ‘‘(i) limited to the Bureau of Indian Affairs ‘‘(B) not later than January 1 of each year, ‘‘(d) EFFECT.— agency office; and submit to Congress— ‘‘(1) REPEAL.—The Secretary may repeal ‘‘(ii) due on February 1, 2012. ‘‘(i) a list of all such programs that the any regulation that is inconsistent with this Secretary determines, with the concurrence ‘‘(B) SECOND REPORT.—The second report Act. of Indian tribes participating in self-govern- required under subsection (a)(1) shall— ‘‘(2) CONFLICTING PROVISIONS.—This title ‘‘(i) include all funding at the Bureau of In- ance under this title, are eligible to be in- shall supersede any conflicting provision of dian Affairs agency and regional offices; and cluded in a funding agreement at the request law (including any conflicting regulations). of a participating Indian tribe; and ‘‘(ii) due on February 1, 2013. ‘‘(3) EFFECTIVENESS WITHOUT REGARD TO ‘‘(ii) a list of all such programs for which ‘‘(C) SUBSEQUENT REPORT.—Beginning with REGULATIONS.—The lack of promulgated reg- Indian tribes have requested to include in a the third report required under subsection ulations on an issue shall not limit the effect funding agreement under paragraph (2) or (3) (a)(1), which shall be due on February 1, 2014, or implementation of this title. of section 405(b), indicating whether each re- all reports required under subsection (a)(1) quest was granted or denied, and stating the ‘‘SEC. 416. EFFECT OF CIRCULARS, POLICIES, shall include all funding at the Bureau of In- MANUALS, GUIDANCES, AND RULES. grounds for any denial. dian Affairs agency, regional, and central of- ‘‘Unless expressly agreed to by a partici- ‘‘(2) PROGRAMMATIC TARGETS.—The Sec- fices, the Office of the Assistant Secretary pating Indian tribe in a compact or funding retary shall establish programmatic targets, for Indian Affairs, and the Office of the Spe- agreement, the participating Indian tribe after consultation with Indian tribes partici- cial Trustee. shall not be subject to any agency circular, pating in self-governance, to encourage bu- policy, manual, guidance, or rule adopted by ‘‘SEC. 414. REPORTS. reaus of the Department to ensure that a sig- the Department, except for— ‘‘(a) IN GENERAL.— nificant portion of the programs identified in ‘‘(1) the eligibility provisions of section ‘‘(1) REQUIREMENT.—Not later than Feb- paragraph (1) are included in funding agree- 105(g); and ruary 1 of each year, the Secretary shall sub- ments. ‘‘(2) regulations promulgated pursuant to mit to Congress a report regarding the ad- ‘‘(3) PUBLICATION.—The lists and targets section 415. ministration of this title. under paragraphs (1) and (2) shall be— ‘‘(2) ANALYSIS.—A report under paragraph ‘‘(A) published in the Federal Register; and ‘‘SEC. 417. APPEALS. (1) shall include a detailed analysis of unmet ‘‘(B) made available to Indian tribes. ‘‘Except as provided in section 407(d), in need for each Indian tribe, regardless of ‘‘(4) ANNUAL REVIEW.— any administrative action, appeal, or civil whether the Indian tribe is served directly ‘‘(A) IN GENERAL.—The Secretary shall an- action for judicial review of any decision by the Secretary, under self-determination nually review and publish in the Federal made by the Secretary under this title, the contracts under title I, or under compacts Register, after consultation with Indian Secretary shall have the burden of proof of and funding agreements authorized under tribes participating in self-governance, re- demonstrating by a preponderance of the evi- this title. vised lists and programmatic targets. dence— ‘‘(3) NO ADDITIONAL REPORTING REQUIRE- ‘‘(B) CONTENTS.—The revised lists and pro- ‘‘(1) the validity of the grounds for the de- MENTS.—In preparing reports under para- grammatic targets shall include all pro- cision; and graph (1), the Secretary may not impose any grams that were eligible for contracting in ‘‘(2) the consistency of the decision with reporting requirements on participating In- the original list published in the Federal the requirements and policies of this title. dian tribes not otherwise provided by this Register in 1995, except for programs specifi- ‘‘SEC. 418. APPLICATION OF OTHER PROVISIONS. title. cally determined not to be contractible as a ‘‘Section 314 of the Department of the Inte- ‘‘(b) CONTENTS.—Each report under sub- matter of law. rior and Related Agencies Appropriations section (a)(1) shall— ‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.— Act, 1991 (Public Law 101–512; 104 Stat. 1959), ‘‘(1) be compiled from information con- Not later than February 1, 2012, the Sec- shall apply to compacts and funding agree- tained in funding agreements, annual audit retary shall, in consultation with Indian ments entered into under this title. reports, and data of the Secretary regarding tribes, develop a funding formula to deter- ‘‘SEC. 419. AUTHORIZATION OF APPROPRIATIONS. the disposition of Federal funds; mine the individual tribal share of funds con- ‘‘There are authorized to be appropriated ‘‘(2) identify— trolled by the Central Office of the Bureau of such sums as are necessary to carry out this ‘‘(A) the relative costs and benefits of self- Indian Affairs, the Office of the Special title.’’. governance; Trustee, and the Office of the Assistant Sec- ‘‘(B) with particularity, all funds that are retary for Indian Affairs for inclusion in the The SPEAKER pro tempore. Pursu- specifically or functionally related to the compacts. ant to the rule, the gentlewoman from provision by the Secretary of services and ‘‘SEC. 415. REGULATIONS. the Virgin Islands (Mrs. CHRISTENSEN) benefits to self-governance Indian tribes and ‘‘(a) IN GENERAL.— and the gentleman from Washington members of Indian tribes; ‘‘(1) PROMULGATION.—Not later than 90 (Mr. HASTINGS) each will control 20 ‘‘(C) the funds transferred to each Indian days after the date of enactment of the De- minutes. tribe and the corresponding reduction in the partment of the Interior Tribal Self-Govern- The Chair now recognizes the gentle- Federal employees and workload; ance Act of 2010, the Secretary shall initiate ‘‘(D) the funding formula for individual procedures under subchapter III of chapter 5 woman from the Virgin Islands. tribal shares of all Central Office funds, to- of title 5, United States Code, to negotiate GENERAL LEAVE gether with the comments of affected Indian and promulgate such regulations as are nec- Mrs. CHRISTENSEN. Mr. Speaker, I tribes, developed under subsection (d); and essary to carry out this title. ask unanimous consent that all Mem- ‘‘(E) amounts expended in the preceding ‘‘(2) PUBLICATION OF PROPOSED REGULA- bers may have 5 legislative days in fiscal year to carry out inherent Federal TIONS.—Proposed regulations to implement which to revise and extend their re- functions, including an identification of in- this title shall be published in the Federal marks and include extraneous material herent Federal functions; Register not later than 18 months after the ‘‘(3) contain a description of the methods date of enactment of the Department of the on the bill under consideration. used to determine the individual tribal share Interior Tribal Self-Governance Act of 2010. The SPEAKER pro tempore. Is there of funds controlled by all components of the ‘‘(3) EXPIRATION OF AUTHORITY.—The au- objection to the request of the gentle- Department (including funds assessed by any thority to promulgate regulations under woman from the Virgin Islands?

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6821 There was no objection. think the House is owed something in H.R. 5811 Mrs. CHRISTENSEN. I yield myself writing from the Department clari- Be it enacted by the Senate and House of Rep- such time as I may consume. fying its views on the amended bill. Re- resentatives of the United States of America in Mr. Speaker, under self-governance, gardless, I do not see this silence from Congress assembled, Indian tribes assume the duties of the the administration as a reason to hold SECTION 1. BLOOD QUANTUM REQUIREMENT DE- TERMINED BY TRIBE. Federal Government for certain pro- up the progress on the bill. Section 108(a)(2) of the Ysleta del Sur grams within the Department of the Ms. RICHARDSON. Mr. Speaker, I rise Pueblo and Alabama and Coushatta Indian Interior and the Department of Health today in support of H.R. 4347, which author- Tribes of Texas Restoration Act (25 U.S.C. and Human Services. Self-governance izes the Secretary of the Department of the In- 1300g–7(a)(2)) is amended to read as follows: empowers tribes to exercise their in- terior to select up to 50 new Indian tribes per ‘‘(2) any person of Tigua Ysleta del Sur herent sovereignty and make key deci- year to participate in self-governance pro- Pueblo Indian blood enrolled by the tribe.’’. sions that will impact their nations. grams. I am proud to co-sponsor the Depart- The SPEAKER pro tempore. Pursu- The widespread success of self-govern- ment of the Interior Tribal Self-Governance ant to the rule, the gentlewoman from ance since its inception demonstrates Act, and I thank my colleague, Congressman the Virgin Islands (Mrs. CHRISTENSEN) that when tribes make the decisions BOREN for introducing this legislation. and the gentleman from Washington that directly impact their tribal citi- As a member of the Native American Cau- (Mr. HASTINGS) each will control 20 zens, the outcomes are far greater. cus, I have worked with my colleagues in Con- minutes. Introduced by our colleague from gress to address the needs of Native Ameri- The Chair recognizes the gentle- Oklahoma (Mr. BOREN), H.R. 4347 would cans. This legislation will allow eligible tribes woman from the Virgin Islands. amend the self-determination con- to assume the duties of the Federal Govern- GENERAL LEAVE tracting program to allow title 1 tribes ment for certain programs within the Depart- Mrs. CHRISTENSEN. Mr. Speaker, I to become familiar with the self-gov- ment of the Interior and the Department of ask unanimous consent that all Mem- ernance compacting program. This leg- Health and Human Services. bers may have 5 legislative days in islation would also amend the Depart- Mr. Speaker, the Government Accounting which to revise and extend their re- ment of the Interior self-governance Office has shown that tribes that participate in marks and include extraneous material program to make it consistent with the self-governance have seen greater gains in on the bill under consideration. The SPEAKER pro tempore. Is there self-governance program at the Depart- employment than tribes that do not. The pas- objection to the request of the gentle- ment of Health and Human Services. It sage of this legislation will allow more tribes to allows Indian tribes to step into the woman from the Virgin Islands? participate in self-governance programs and There was no objection. shoes of the Federal Government to ad- increase the financial prospects for its mem- Mrs. CHRISTENSEN. Mr. Speaker, I minister programs at the Department bers. yield myself such time as I may con- of the Interior using rules and proce- California is home to over 100 federally rec- sume. dures similar to those used at the In- ognized tribes. These tribes deserve the op- One of the greatest exercises of tribe dian Health Service. portunity to participate in self-governance pro- sovereignty is the ability of a tribe to I would like to commend Mr. BOREN grams should they desire to do so. determine its tribal membership. This from Oklahoma for his leadership on Mr. Speaker, I urge my colleagues to join measure would allow a Texas tribe to this issue, and I urge my colleagues to me in supporting H.R. 4347 and allow Native determine the blood quantum require- support this measure. American tribes the opportunity to enter into ment for membership in that tribe. Mr. Speaker, I reserve the balance of self-governance agreements. Native Ameri- My colleague, the gentleman from my time. cans should be afforded the opportunity to ad- Texas (Mr. REYES), introduced H.R. Mr. HASTINGS of Washington. Mr. minister their programs and increase employ- 5811 to restore the tribe’s right to de- Speaker, I yield myself such time as I ment among its members. termine its own membership require- may consume. Mr. HASTINGS of Washington. Mr. ments by deleting a blood quantum re- Mr. Speaker, the bill under consider- Speaker, I have no further requests for quirement specified in a 1987 law. Pas- ation today is an amended version of time, and I yield back the balance of sage of this legislation would extend to the bill as reported, and I thank the my time. the tribe the same sovereign right pos- chairman of the committee and the Mrs. CHRISTENSEN. Mr. Speaker, I sessed by all other Indian tribes: The sponsor of the legislation for their will- yield back the balance of my time. ability to determine who is and who is ingness to engage the Republicans on a The SPEAKER pro tempore. The not a member of that tribe. bipartisan basis in what is a rather question is on the motion offered by This measure is long overdue. I com- complex body of law. the gentlewoman from the Virgin Is- mend my colleague for introducing it. The Republicans hope this bill ac- lands (Mrs. CHRISTENSEN) that the Similar legislation passed the House complishes its primary goal, which is House suspend the rules and pass the last Congress by unanimous consent. I to increase the outsourcing to tribes of bill, H.R. 4347, as amended. urge Members to support this measure. programs and functions of the Depart- The question was taken; and (two- I reserve the balance of my time. ment of the Interior that are provided thirds being in the affirmative) the Mr. HASTINGS of Washington. Mr. to Indians because of their status as In- rules were suspended and the bill, as Speaker, the gentlelady from the Vir- dians. amended, was passed. gin Islands has adequately described At the core of H.R. 4347 is the prin- A motion to reconsider was laid on this legislation. ciple that Washington, DC, is not capa- the table. I reserve the balance of my time. ble of managing tribal programs as ef- Mrs. CHRISTENSEN. Mr. Speaker, I fectively as the governments of Indian f yield such time as he may consume to the sponsor of this legislation, the gen- people—the Indian tribes. This bill ALLOWING YSLETA DEL SUR tleman from Texas (Mr. REYES). could be a template for proposals to PUEBLO TRIBE TO DETERMINE outsource Federal programs, where ap- Mr. REYES. Mr. Speaker, I want to BLOOD REQUIREMENT FOR MEM- thank the gentlelady for yielding me propriate, to States, tribes, and the BERSHIP private sector. this time, and the ranking member and I must say, Mr. Speaker, I’m dis- Mrs. CHRISTENSEN. Mr. Speaker, I the chairman for supporting this bill. appointed that the Obama administra- move to suspend the rules and pass the It is a very important bill for us, for tion has not provided a formal state- bill (H.R. 5811) to amend the Ysleta del the Ysleta del Sur Pueblo Tribe and ment on the position of H.R. 4347, as Sur Pueblo and Alabama and Alabama and Coushatta Indian Tribes. amended. Coushatta Indian Tribes of Texas Res- Mr. Speaker, I rise to support H.R. 5811, a toration Act to allow the Ysleta del bill I introduced to amend the Ysleta del Sur b 1430 Sur Pueblo Tribe to determine blood Pueblo and Alabama and Coushatta Indian Bipartisan staff sought to address quantum requirement for membership Tribes of Texas Restoration Act of 1987 to concerns expressed by the Department in that tribe. allow the Ysleta del Sur Pueblo Tigua tribe the of the Interior in its testimony on the The Clerk read the title of the bill. authority to determine the blood quantum re- bill as introduced. For this reason, I The text of the bill is as follows: quirement for membership in their tribe. Since

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6822 CONGRESSIONAL RECORD — HOUSE September 22, 2010 coming to Congress, I have been proud to should be permitted to determine their require- (c) TRANSFER OF ADMINISTRATIVE JURISDIC- represent the Tiguas and I have continually ments to be a member, rather than having to TION TO BIA.—Administrative jurisdiction of the fought to lift this requirement. rely on some outside body to make this deter- approximately 3.5 acres of Federal land admin- My Congressional district in El Paso is istered by the National Park Service as gen- mination. erally depicted on the map as ‘‘Lands to be home to the Tigua Ysleta del Sur Pueblo, the Mr. Speaker, I urge my colleagues to join Transferred to BIA’’ are hereby transferred to oldest community in Texas. They are one of me in supporting H.R. 5811. the Bureau of Indian Affairs for the purposes of the three Native American tribes and the only Mr. HASTINGS of Washington. I the San Carlos Irrigation Project. Pueblo tribe in the state. The Tiguas have yield back the balance of my time. (d) ADMINISTRATION.—Upon acquisition or maintained a significant presence in the El Mrs. CHRISTENSEN. Mr. Speaker, I transfer of the lands identified in subsections Paso region with tribal enrollment currently yield back the balance of my time. (a) and (b), the Secretary shall administer those over 1,600 citizens. The Tiguas have also The SPEAKER pro tempore. The lands as part of the Monument in accordance been very active participants in the regional question is on the motion offered by with the laws generally applicable to units of the gentlewoman from the Virgin Is- the National Park System, including— business community for almost 40 years. The (1) the National Park Service Organic Act (16 tribe strives to establish a business-friendly lands (Mrs. CHRISTENSEN) that the U.S.C. 1 et seq.); and environment while maintaining their culture House suspend the rules and pass the (2) the Act of August 21, 1935 (16 U.S.C. 461 et and traditions. The tribe owns and operates a bill, H.R. 5811. seq.). diverse set of enterprises and corporations The question was taken; and (two- (e) BOUNDARY AND MAP UPDATE.— that provide employment for both tribal mem- thirds being in the affirmative) the (1) TRANSFERS.—Upon completion of the transfers pursuant to subsection (b), the Sec- bers and the El Paso community. rules were suspended and the bill was passed. retary shall modify the boundary of the Monu- However, the Tiguas are one of a very few ment accordingly, and shall update the map to federally-recognized tribes still required by A motion to reconsider was laid on reflect such transfers. Federal law to use a specified degree of blood the table. (2) ACQUISITIONS.—Upon completion of any of quantum to determine membership. If the cur- f the acquisitions pursuant to subsection (a), the rent 1⁄8 degree requirement remains in effect, Secretary shall modify the boundary of the CASA GRANDE RUINS NATIONAL Monument accordingly, and shall update the Tigua tribal membership will decline signifi- MONUMENT BOUNDARY MODI- cantly within three generations. map to reflect such acquisitions. FICATION ACT OF 2010 (f) MAP ON FILE.—The map shall be on file For decades, other tribal governments have and available for inspection in the appropriate used a variety of methods to determine mem- Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and pass the offices of the National Park Service, U.S. De- bership. The decision to use a blood quantum partment of the Interior. bill (H.R. 5110) to modify the boundary requirement has been at the discretion of the SEC. 4. ADMINISTRATION OF STATE TRUST tribe as a part of their tribal sovereignty. of the Casa Grande Ruins National LANDS. Tribes have also been able to determine if lin- Monument, and for other purposes, as The Secretary may enter in to an agreement eal and collateral descendents of members amended. with the State to provide for cooperative man- listed in their base rolls are eligible to be en- The Clerk read the title of the bill. agement of the approximately 200 acres of State trust lands generally depicted on the map. rolled. The text of the bill is as follows: My bill will allow the Tiguas the same oppor- H.R. 5110 SEC. 5. BOUNDARY STUDY. Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—The Secretary shall conduct tunity as other recognized tribes to use these a study to identify any additional lands that methods, and specifically blood quantum lev- resentatives of the United States of America in Congress assembled, the Secretary considers appropriate to be a part els, to determine membership. With H.R. of any future adjustments to the boundary of SECTION 1. SHORT TITLE. 5811, individuals removed from the rolls in the Monument. This Act may be cited as the ‘‘Casa Grande (b) CRITERIA.—The study shall examine the previous years and others will be able to peti- Ruins National Monument Boundary Modifica- natural, cultural, recreational, and scenic val- tion for enrollment. Historically, many of these tion Act of 2010’’. ues and characteristics of the lands identified members would normally have been included SEC. 2. DEFINITIONS. as members of the tribe. under subsection (a). In this Act: (c) REPORT.—Not later than 3 years after the This bill is the life blood of the tribe. By (1) MAP.—The term ‘‘map’’ means the map en- date funds are made available for the study modifying the tribal enrollment requirements, titled ‘‘Proposed Casa Grande Ruins Boundary under this section, the Secretary shall submit to the Tiguas will be able to preserve the unique Modification’’, numbered 303/100,934, and dated the Committee on Natural Resources of the character and traditions of their tribe based on January 2010. House of Representatives and the Committee on shared history, customs, and language in ad- (2) MONUMENT.—The term ‘‘Monument’’ Energy and Natural Resources of the Senate a means the Casa Grande Ruins National Monu- dition to tribal blood. This bill will ensure their report on the findings, conclusions, and rec- ment in the State of Arizona. ommendations of the study. survival as the oldest community in Texas and (3) SECRETARY.—The term ‘‘Secretary’’ means the only Pueblo still in existence in the State. the Secretary of the Interior. The SPEAKER pro tempore. Pursu- This bill has passed twice before in the House (4) STATE.—The term ‘‘State’’ means the State ant to the rule, the gentlewoman from of Representatives, and I urge my colleagues of Arizona. the Virgin Islands (Mrs. CHRISTENSEN) to support passage of this bill. SEC. 3. ACQUISITION AND TRANSFER OF ADMIN- and the gentleman from Washington Ms. RICHARDSON. Mr. Speaker, I rise ISTRATIVE JURISDICTION OF LANDS. (Mr. HASTINGS) each will control 20 today in support of H.R. 5811, which allows (a) ACQUISITION OF LANDS.—The Secretary is minutes. authorized to acquire by donation, exchange, or the Ysleta del Sur Pueblo Tribe to determine The Chair recognizes the gentle- purchase with donated or appropriate funds woman from the Virgin Islands. the blood quantum requirement for member- from willing owners only, the private or State ship in their tribe. I thank my colleague, Con- lands or interests in lands generally depicted on GENERAL LEAVE gressman REYES for introducing this legisla- the map, to be administered as part of the Mrs. CHRISTENSEN. Mr. Speaker, I tion. Monument. ask unanimous consent that all Mem- This legislation will specifically allow the (b) TRANSFER OF ADMINISTRATIVE JURISDIC- bers may have 5 legislative days in Ysleta del Sur Pueblo Indian tribe to deter- TION TO NPS.—The following Federal lands as which to revise and extend their re- mine their membership. Native American generally depicted on the map are hereby with- marks and include extraneous material drawn from all forms of entry, appropriation, tribes should be afforded the opportunity to and disposal under the public land laws; loca- on the bill under consideration. determine the qualifications for membership in tion, entry, and patent under the mining laws; The SPEAKER pro tempore. Is there their tribes. and operation of the mineral leasing and geo- objection to the request of the gentle- Mr. Speaker, as a member of the Native thermal leasing laws and mineral materials woman from the Virgin Islands? American Caucus, I will continue to work with laws, and administrative jurisdiction of such There was no objection. my colleagues in Congress to address the Federal lands is hereby transferred to the Na- Mrs. CHRISTENSEN. Mr. Speaker, unique needs of Native Americans. tional Park Service to be administered as part of H.R. 5110 would add 415 acres to Casa California is home to over one hundred fed- the Monument: Grande Ruins National Monument lo- erally recognized tribes. Earlier this month, I (1) The approximately 3.8 acres of Federal cated south of Phoenix, Arizona. land administered by the Bureau of Land Man- was able to meet with the Pauma Band of agement. Currently, the 472-acre monument Mission Indians. The reservation is located in (2) The approximately 7.41 acres of Federal represents only part of the historic Na- Pauma Valley, California. The Pauma Band of land of administered by the Bureau of Indian tive American community that once Mission Indians and others across the nation Affairs. existed in that area. A 2003 National

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6823 Park Service report identified seven Mr. Speaker, and this is important, it and of the entire county. It is critical parcels for potential addition to this does nothing to restrain the eminent for the preservation of cultural and monument. domain authority already possessed by historical sites, which is unequaled H.R. 5110 authorizes the acquisition the Secretary of the Interior according anywhere else on the continent. It is of three properties ‘‘by donation, ex- to both Federal case law and the Con- the kind of low-cost, job-creating change, or purchase with donated or gressional Research Service. This bill project we need in Arizona. appropriated funds from willing owners expands an area previously designated Mr. Speaker, since I have been in only.’’ under the Antiquities Act. As the Com- Congress, I have been the voice of fiscal Mr. Speaker, H.R. 5110 is a good bill. mittee on Natural Resources learned discipline, and I have been looking for Representative ANN KIRKPATRICK has from recently leaked Department of low-cost, job-creating projects. This is worked hard to bring it to the floor, the Interior documents, this adminis- one of them. This project would create and I urge the House to approve it. tration is strongly interested in cre- hundreds of jobs in an area where it I reserve the balance of my time. ating new national monuments or ex- does have double-digit unemployment. Mr. HASTINGS of Washington. Mr. panding existing ones, and doing so Talk about double-digit unemploy- Speaker, I yield myself such time as I with or without Congress. ment—that’s in my district. That is may consume. The American people are way ahead what this is going to address. This is a Mr. Speaker, there are many things low-cost jobs project. in my view that are wrong with this of Washington on these issues, Mr. Let me tell you that this is exactly bill, but I just want to point out three Speaker. They know that what we why the American people right now are of them. First, this bill represents should be doing is controlling spending, so angry and frustrated. It is why I am wasteful and unnecessary spending at a protecting private property, taking angry and frustrated, and it is why you time of exploding Federal debt. Second, better care of the land we already own, are angry and frustrated. It is because it lacks needed protection for private and reducing the dead weight of tax- Washington is not listening to the property rights. Third, it expands the ation and Federal bureaucracy that is local people. The people of Coolidge already bloated Federal Government at stifling free enterprise, which is the en- and Florence have worked on this a time when our priority should be on gine of economic growth. project for years. It is not about par- jobs and economic growth, not the b 1440 tisanship. They have come together as growth of government. With that being said, there are parts It shouldn’t be necessary to point out local community leaders and as private of this bill that I could support, such as that at a time of near double-digit un- businesses to support this job-creation clearing up administrative jurisdiction employment and trillion-dollar debt, project. It makes common sense. Yet, issues and a boundary modification to we really ought to be working to un- once again, Washington is not going to remedy trespassing issues for an irriga- leash private-sector economic growth listen to the voices of the American tion project. However, I am sorry that so more Americans can find jobs, can people. Once again, Washington is these sections, which had broad sup- pay their mortgages, and provide for a going to impose its partisan bickering port, weren’t allowed to stand on their better life for their families. Instead, to stop jobs and to not listen to the own. as usual, with the current Democrat American people. That is what is So for those reasons I’ve cited, I urge leadership, we are talking about bor- wrong with Washington. a ‘‘no’’ vote on H.R. 5110. rowing more money from foreign coun- I urge my colleagues to vote ‘‘yes’’ I reserve the balance of my time. tries to pass a bill to further aggran- on this critical legislation. Mrs. CHRISTENSEN. Mr. Speaker, I dize the Federal estate. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The National Park Service estimates yield such time as she may consume to The SPEAKER pro tempore. The that it would cost $10 million to buy the sponsor of this important piece of Chair reminds Members that it is not the land targeted in this bill. Now this legislation, the gentlewoman from Ari- in order to address occupants of the isn’t beachfront property in the Virgin zona, Representative ANN KIRKPATRICK. gallery. Islands like we saw targeted earlier in Mrs. KIRKPATRICK of Arizona. Mr. Mr. HASTINGS of Washington. I this Congress. Instead, it is in the Ari- Speaker, I rise in support of my legisla- yield myself such time as I may con- zona desert. But we are hearing the tion, H.R. 5110, the Casa Grande Ruins sume. same argument why we should go along National Monument Boundary Modi- Mr. Speaker, I am sorry the gentle- with this. fication Act. woman from Arizona did not yield to Are these private lands in danger of In Coolidge, Arizona, we have the me so I could ask her a question as we being injured by development? Hardly. largest prehistoric structure in the Na- have heard a great deal of talk here on It seems some of the land may be tion—the Casa Grande Ruins National the floor about jobs creation. I am cer- owned by the State or a wealthy non- Monument. Throughout Coolidge and tainly one who believes that we need to profit presumably created to protect the nearby city of Florence, there is create jobs, particularly in the private the land from development. There is no evidence of prehistoric structures— sector, because the private sector is urgent need to borrow money to buy homes, irrigation canals and potential the engine of growth in our country. this land right now. No one can claim recreational facilities. I was simply going to ask the gentle- that these lands are in imminent dan- Each year, thousands of visitors woman if she could document officially ger. come to Pinal County to visit the how many jobs have been created. The Further, this legislation does not ruins, to learn about the ancient reason, Mr. Speaker, is that this exist- protect the rights of private property Hohokam culture that lived there, and ing area is already some 1,600 acres. To owners. Instead it continues the dis- to see the amazing prehistoric archi- suggest that an area which is 1,600 turbing practice of Congress drawing tecture they left behind. Protecting acres is not creating jobs but that add- boundaries of Federal land manage- more of these sensitive areas will allow ing some 400-plus acres would create ment areas around private property, further development of tourism to the jobs flies in the face of common sense. even in cases where the landowners area, and it will help fulfill the mission What this bill is all about, once have not given their written approval. of the monument. again, is the Federal Government’s When Congress expands Federal The legislation under consideration buying more land when we have a boundaries to encircle private prop- today does two things. First, it allows backlog of some $9 billion of mainte- erty, we sometimes shower ourselves in an expansion of the boundary of the nance in this country. Yet here we are, praise for protecting private property monument to include land nearby, trying to add more land, which presum- from the dreaded private property which will greatly enhance the existing ably adds more to the backlog. The owner. But Congress should only draw site. Second, it provides for a study to American people get it. They under- boundaries around lands the Federal determine what additional sites in Coo- stand it. While this is small, I under- Government already owns, not around lidge and Florence could be incor- stand, Mr. Speaker, it is the reason I what it wants to own. porated in the future. think this bill is ill-advised today. I I know the bill purports to protect This bill is critical to the economic urge my colleagues to vote ‘‘no.’’ private property, but it does nothing, development of Coolidge and Florence I yield back the balance of my time.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6824 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Mrs. CHRISTENSEN. Mr. Speaker, I Forest, as generally depicted on the map enti- and the gentleman from Washington also want to commend Congresswoman tled ‘‘Sedona-Red Rocks National Scenic Area’’ (Mr. HASTINGS) each will control 20 KIRKPATRICK for her leadership in pre- and dated June 7, 2010. The Scenic Area shall minutes. serving the culture, history and arti- not include any land located outside the bound- The Chair recognizes the gentle- aries of the Coconino National Forest. facts of this important area. (c) MAP AND BOUNDARY DESCRIPTION.—As woman from the Virgin Islands. Just like Castle Nugent, enacting soon as practicable after the date of the enact- GENERAL LEAVE this bill spends no money and acquires ment of this Act, the Secretary of Agriculture Mrs. CHRISTENSEN. Mr. Speaker, I no land—none. What it does is puts in shall file a map and boundary description of the ask unanimous consent that all Mem- place the authority necessary to ac- Scenic Area with the Committee on Natural Re- bers may have 5 legislative days in quire these invaluable pieces of our an- sources of the House of Representatives and the which to revise and extend their re- Committee on Energy and Natural Resources of cient past if and when the time is right marks and to include extraneous mate- and the money is available. Given the the Senate. The map and boundary description shall have the same force and effect as if in- rial on the bill under consideration. value of the resources involved, this cluded in this Act, except that the Secretary The SPEAKER pro tempore. Is there should be an easy decision. It would be may correct clerical and typographical errors in objection to the request of the gentle- a shame if political gamesmanship and the map and description. The map and bound- woman from the Virgin Islands? partisan bickering allowed these pieces ary description shall be on file and available for There was no objection. of our past, the jobs that would be cre- public inspection in the Office of the Chief of Mrs. CHRISTENSEN. I yield myself ated, and the hard work of the people the Forest Service. such time as I may consume. of this part of Arizona to be lost for- (d) ADMINISTRATION.—The Secretary of Agri- Mr. Speaker, H.R. 4823, introduced by ever. culture shall administer the Scenic Area in ac- cordance with this Act, the land and resource Congresswoman ANN KIRKPATRICK, I ask my colleagues to vote ‘‘yes’’ on management plan for the Coconino National would authorize the establishment of this legislation. Forest (including any subsequent amendment or the Sedona-Red Rock National Scenic Mr. Speaker, I yield back the balance revision of the plan), and the laws and regula- Area in the Coconino National Forest of my time. tions generally applicable to the National Forest in northern Arizona. The SPEAKER pro tempore. The System. In the event of conflict between this Act This legislation would protect ap- question is on the motion offered by and such other laws and regulations, this Act proximately 160,000 acres by restricting the gentlewoman from the Virgin Is- shall take precedence. land exchanges within the scenic area (e) RESTRICTION ON SCENIC AREA LAND EX- lands (Mrs. CHRISTENSEN) that the CHANGES.—With regard to acquisitions of land and by managing the land within the House suspend the rules and pass the for public purposes, land exchanges that dispose scenic area for conservation purposes. bill, H.R. 5110, as amended. of National Forest System land included in the The bill specifically provides that the The question was taken. Scenic Area may occur only if— establishment of the national scenic The SPEAKER pro tempore. In the (1) the exchange results in the acquisition of area shall not impact surrounding opinion of the Chair, two-thirds being land within the boundaries of the Scenic Area land, roads or easements nor will it im- in the affirmative, the ayes have it. from a willing seller for inclusion in the Scenic pact utility easements, the manage- Mr. HASTINGS of Washington. Mr. Area; ment of State, municipal or private Speaker, on that I demand the yeas (2) there is no net loss of National Forest Sys- tem land within the boundaries of the Scenic land or the management of sur- and nays. Area; and rounding national forest land. The yeas and nays were ordered. (3) an environmental analysis in accordance Mr. Speaker, 4823 is a good bill. Rep- The SPEAKER pro tempore. Pursu- with the National Environmental Policy Act of resentative KIRKPATRICK has worked ant to clause 8 of rule XX and the 1969 (42 U.S.C. 4321 et seq.) and consistent with diligently with residents, officials, and Chair’s prior announcement, further the applicable forest plan amendment is com- business owners to craft this legisla- proceedings on this motion will be pleted before any land exchange within the tion, making it widely popular in the boundaries of the Scenic Area. postponed. community of Sedona. (f) DEPOSIT OF CONSIDERATION FROM CERTAIN f LAND SALES; USE.— I urge Members to support H.R. 4823. I reserve the balance of my time. SEDONA-RED ROCK NATIONAL (1) DEPOSIT OF PROCEEDS.—Moneys received SCENIC AREA ACT OF 2010 by the Secretary of Agriculture from the sale or b 1450 exchange of land located in the Coconino Na- Mrs. CHRISTENSEN. Mr. Speaker, I tional Forest shall be deposited in the fund es- Mr. HASTINGS of Washington. Mr. move to suspend the rules and pass the tablished by Public Law 90–171 (commonly Speaker, I yield myself such time as I bill (H.R. 4823) to establish the Sedona- known as the Sisk Act; 16 U.S.C. 484a). may consume. Red Rock National Scenic Area in the (2) USE OF FUNDS.—Notwithstanding the limi- Mr. Speaker, I have concerns about Coconino National Forest, Arizona, and tations on the use of moneys deposited in the how this ‘‘National Scenic Area’’ des- fund established by Public Law 90–171, moneys ignation will affect the safety, welfare, for other purposes, as amended. deposited under paragraph (1) shall be available The Clerk read the title of the bill. for use by the Secretary of Agriculture, without and economic livelihoods of those who The text of the bill is as follows: further appropriation and until expended, for live and work within this 160,000-acre H.R. 4823 the acquisition of land or interests in land with- proposal. Be it enacted by the Senate and House of Rep- in the National Forest System in Arizona. Mr. Speaker, there is no underlying resentatives of the United States of America in (g) NO EFFECT ON SURROUNDING LAND, act for national scenic areas, as is the Congress assembled, ROADS, OR EASEMENTS.—The establishment of case for wilderness proposals and wild the Scenic Area does not affect— SECTION 1. SHORT TITLE. and scenic river designations. Instead, (1) the maintenance or use of public, private, This Act may be cited as the ‘‘Sedona-Red unless guidelines are set limiting how or Forest Service roads within the Scenic Area; Rock National Scenic Area Act of 2010’’. (2) the legal status, maintenance, or use of restrictive the designation will be, a SEC. 2. SEDONA-RED ROCK NATIONAL SCENIC rights-of-way and utility easements within the National Scenic Area designation is ac- AREA, COCONINO NATIONAL FOR- Scenic Area; companied by only hope and uncer- EST, ARIZONA. (3) the management of State, municipal, or tainty. (a) ESTABLISHMENT.—There is established in private land located in the vicinity of or within the Coconino National Forest, Arizona, the H.R. 4823 is silent on everything but the boundaries of the Scenic Area; the fact that land exchanges are pro- Sedona-Red Rock National Scenic Area (in this (4) the management of National Forest System section referred to as the ‘‘Scenic Area’’) for the hibited. This sort of vague and open- land that is not included in the Scenic Area; or ended delegation of authority is an in- purposes of— (5) the construction or siting of transportation (1) limiting exchanges of land involving Na- projects or water projects (and associated facili- vitation to litigation and bureaucratic tional Forest System land included in the Scenic ties) within the Scenic Area or in areas outside overreach. So for that reason, Mr. Area; and the Scenic Area. Speaker, I cannot support this legisla- (2) managing the National Forest System land (h) NO CAUSE OF ACTION.—Nothing in this Act tion in its current form. included in the Scenic Area as provided in the creates a private cause of action in any Federal, I reserve the balance of my time. land and resource management plan for the state or tribal court. Coconino National Forest. Mrs. CHRISTENSEN. Mr. Speaker, I (b) BOUNDARIES.—The Scenic Area shall con- The SPEAKER pro tempore. Pursu- yield such time as she may consume to sist of approximately 160,000 acres of National ant to the rule, the gentlewoman from the gentlewoman from Arizona, Rep- Forest System land in the Coconino National the Virgin Islands (Mrs. CHRISTENSEN) resentative KIRKPATRICK.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6825 Mrs. KIRKPATRICK of Arizona. Mr. It’s time that Washington started lis- reational opportunities this place of- Speaker, I rise in support of my legisla- tening to the American people. The fers. tion, H.R. 4823, the Sedona Red Rocks people in Sedona are able to put aside This bill helps conserve that land- National Scenic Area Act. partisan bickering and come together scape that the community relies on for I have often said that the congres- for the good of the community and to tourism. In fact, there were several sional district I am fortunate to rep- create jobs, and Washington cannot do amendments offered by the other side resent is the most beautiful in the the same? Believe me, I will let the of the aisle at markup, and all of the country. The iconic red rocks that sur- folks back home know who rose in op- amendments offered by the minority round the Sedona community and ex- position, who let partisan bickering were accepted and they addressed their tend into the Verde Valley are indeed a drown out their voices and drown out concerns then. In markup, Mr. FLAKE national treasure that is unparalleled. their common sense. also added to this clause a section that Millions of visitors come from across I have always said it is the American provided that the construction or the Nation and around the globe each people that are going to turn this coun- siting of transportation projects or year to see the red rocks. try around, not Washington, and this is water projects within the scenic area The communities throughout Red exactly why. This is exactly why: Par- or outside the scenic area would not be Rock Country in Arizona have, for tisan bickering that gridlocks Wash- impacted. years, discussed the long-term protec- ington. This is a good bill which the people of tion of the amazing national resource Shame on you. Mrs. KIRKPATRICK’s district strongly that surrounds the area. A nonpartisan Mr. HASTINGS of Washington. Mr. support. The community has diligently community coalition came together to Speaker, I yield myself such time as I worked together to help get this bill advocate for protection of the red may consume. here today, and I urge my colleagues to rocks through a National Scenic Area, Apparently the gentlelady from Ari- support it. as designated by Congress. zona wasn’t listening to what I said in Mr. Speaker, I yield back the balance Preserving the natural beauty of the my opening remarks as to what con- of my time. red rocks will ensure that our great- cerns I had with this bill. I wish that The SPEAKER pro tempore. The grandchildren will be able to enjoy this she had yielded to me because I could question is on the motion offered by unique site just as we do. Just as im- have asked a question and maybe she the gentlewoman from the Virgin Is- portant, it will attract new visitors could have enlightened me. But my un- lands (Mrs. CHRISTENSEN) that the and more business to the surrounding derstanding is there is absolutely noth- House suspend the rules and pass the communities, getting folks to work ing in Federal law that designates or bill, H.R. 4823, as amended. during this economic downturn. This describes what a scenic area is. Unlike The question was taken. bill is necessary to secure these tre- a wilderness area, unlike a wild and The SPEAKER pro tempore. In the mendous benefits. scenic river, nothing describes what a opinion of the Chair, two-thirds being Last year, I circulated draft legisla- scenic area is. I said in my opening re- in the affirmative, the ayes have it. tion to local stakeholders, to sup- marks that the reason I oppose this is Mr. BROUN of Georgia. Mr. Speaker, porters, and to those with concerns. simply because the vagueness of this on that I demand the yeas and nays. The Forest Service, the city govern- opens up potential litigation that will The yeas and nays were ordered. ment, the local Chamber of Commerce, likely affect those surrounding this The SPEAKER pro tempore. Pursu- the coalition, Realtors, small business area. That’s what my concern is. I ant to clause 8 of rule XX and the owners, and concerned citizens pro- would be willing to work with anybody Chair’s prior announcement, further vided valuable comments and edits to to try to resolve these issues, but to proceedings on this motion will be the text of this proposed bill. Through suggest that my opposition to this is postponed. the House Natural Resources Com- because I am opposed to jobs, it simply f mittee, the bill has been further misses the point. The gentlelady was amended by both Republicans and simply not listening to what I was say- b 1500 Democrats and was reported from com- ing. DISTRICT OF COLUMBIA LAND mittee without objection. Now, I do have a concern when there CONVEYANCE Good ideas and good policy come are Federal dollars that are spent, but from the people, and this bill is the cul- there are no Federal dollars on this; Mrs. CHRISTENSEN. Mr. Speaker, I mination of much debate and feedback it’s simply that we don’t have what a move to suspend the rules and pass the in the communities it will affect. designation is. In fact, one could say, bill (H.R. 5494) to direct the Director of Thanks to the involvement of so many Mr. Speaker, if one were thinking in a the National Park Service and the Sec- people with so many different perspec- mischievous way, that the only job cre- retary of the Interior to transfer cer- tives, we have put together legislation ation that legislation like this would tain properties to the District of Co- that will work better for the Sedona create, if it were passed, would be for lumbia, as amended. area now and in the future. It is the the trial bar because they could sue The Clerk read the title of the bill. first step forward in moving towards over something that is not described in The text of the bill is as follows: meaningful, long-term protection of statute. Who wins by that? I don’t H.R. 5494 the area and towards economic devel- think the private property owners Be it enacted by the Senate and House of Rep- opment for the region. around this area would win by that. resentatives of the United States of America in Once again, Mr. Speaker, this is a So I’m disappointed that she would Congress assembled, low-cost jobs project. There is no cost use the tone of argument against our SECTION 1. TRANSFER OF CERTAIN PROPERTIES. to this. It is a project that I have been opposition as not trying to work to- Not later than 90 days after the date of the looking for that creates jobs that re- gether. There is just simply no designa- enactment of this Act, the Secretary of the Inte- quires Federal action, not Federal tion for ‘‘scenic’’ in Federal statute. rior shall transfer to the District of Columbia by quitclaim deed all right, title, and interest of the spending. Don’t you think we ought to have some United States to the following properties in the It’s appalling, but not surprising, designation before we designate some- District of Columbia: that my esteemed colleagues on the thing ‘‘scenic’’? (1) Square 336, Lot 828, as shown on Assess- other side of the aisle oppose a low-cost Mr. Speaker, I yield back the balance ment and Taxation Plat 3761–Y among the jobs project. They clearly do not under- of my time. records of the Surveyor of the District of Colum- stand what’s happening to the Amer- Mrs. CHRISTENSEN. Mr. Speaker, bia (Shaw Junior High School recreation fields). ican people who do not have a job. And it’s been clear from listening to my (2) Square 542, Lot 85, as referenced on page when you do not have a job right now, colleague Mrs. KIRKPATRICK that not 104 of Subdivision Book 141 and shown on Map nothing else matters. And it is unbe- only she, but the community, recog- 8634 among the records of the Surveyor of the District of Columbia (Southwest Library). lievable to me that, again, partisan nizes that this bill is good for business (3) Square 2864, Lot 830, as shown on Assess- bickering in Washington—not in and good for jobs. People come from all ment and Taxation Plat 3495–G among the Sedona—is going to stop a job creation over the world to enjoy the unique red records of the Surveyor of the District of Colum- bill. rock landscape and the world-class rec- bia (Meyer Elementary School).

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6826 CONGRESSIONAL RECORD — HOUSE September 22, 2010 (4) Reservation 277–A, as shown on page 4 of land. In fact, these transfers achieve a bal- States Code (commonly known as the ‘‘Com- Subdivision Book 134 among the records of the ance between the city and NPS, by address- memorative Works Act’’). Surveyor of the District of Columbia. ing the city’s growing need for land in a man- (c) USE OF FEDERAL FUNDS PROHIBITED.— (5) Square 2558, Lot 803, as shown on Assess- Federal funds may not be used to pay any ex- ment and Taxation Plat 65 among the records of ner consistent with NPS’s mission to protect pense of the establishment of the commemo- the Surveyor of the District of Columbia (a por- parkland. These small parcels are scattered rative work. The Peace Corps Commemora- tion of the Marie H. Reed Community Learning throughout the city and include a portion of the tive Foundation shall be solely responsible Center). Marie H. Reed Community Learning Center, for acceptance of contributions for, and pay- (6) Square 2558, Lot 810, as shown on Assess- the old Meyer Elementary School site, the ment of the expenses of, the establishment of ment and Taxation Plat 65 among the records of Shaw Junior High School recreational fields, the commemorative work. the Surveyor of the District of Columbia (a por- (d) DEPOSIT OF EXCESS FUNDS.—If, upon the Southwest Library site, and a small traffic payment of all expenses for the establish- tion of the Marie H. Reed Community Learning island at the intersection of North Capitol Center). ment of the commemorative work (including Street and Florida Avenue. The transfer of the maintenance and preservation amount The SPEAKER pro tempore. Pursu- these small parcels will allow the District to required by section 8906(b)(1) of title 40, ant to the rule, the gentlewoman from develop recreational fields, encourage eco- United States Code), or upon expiration of the Virgin Islands (Mrs. CHRISTENSEN) nomic development and improve livability in the authority for the commemorative work and the gentleman from Washington the District of Columbia. under section 8903(e) of title 40, United (Mr. HASTINGS) each will control 20 States Code, there remains a balance of As we begin to emerge from the Great Re- funds received for the establishment of the minutes. cession, the District needs all available tools The Chair recognizes the gentle- commemorative work, the Peace Corps Com- and resources to help promote economic re- memorative Foundation shall transmit the woman from the Virgin Islands. covery. For years, the District has managed amount of the balance to the Secretary of GENERAL LEAVE and maintained these properties, which have the Interior for deposit in the account pro- Mrs. CHRISTENSEN. I ask unani- no national, regional or historical significance, vided for in section 8906(b)(3) of title 40, mous consent that all Members may and are of no interest to the federal govern- United States Code. have 5 legislative days in which to re- ment. My bill simply allows the District to bet- SEC. 2. BUDGETARY EFFECTS. The budgetary effects of this Act, for the vise and extend their remarks and in- ter utilize the limited land here for the benefit clude extraneous material on the bill purpose of complying with the Statutory of the city and its residents. Pay-As-You-Go Act of 2010, shall be deter- under consideration. I ask my colleagues to pass this non-par- mined by reference to the latest statement The SPEAKER pro tempore. Is there tisan, non-controversial land transfer bill. titled ‘‘Budgetary Effects of PAYGO Legisla- objection to the request of the gentle- Mrs. CHRISTENSEN. I yield back the tion’’ for this Act, submitted for printing in woman from the Virgin Islands? balance of my time. the Congressional Record by the Chairman of There was no objection. The SPEAKER pro tempore. The the House Budget Committee, provided that Mrs. CHRISTENSEN. Mr. Speaker, question is on the motion offered by such statement has been submitted prior to H.R. 5494 was introduced by Congress- the gentlewoman from the Virgin Is- the vote on passage. woman ELEANOR HOLMES NORTON of the lands (Mrs. CHRISTENSEN) that the The SPEAKER pro tempore. Pursu- District of Columbia in June 2010. The House suspend the rules and pass the ant to the rule, the gentlewoman from bill would direct the Secretary of the bill, H.R. 5494, as amended. the Virgin Islands (Mrs. CHRISTENSEN) Interior to transfer title to six small The question was taken; and (two- and the gentleman from Washington Federal properties to the District of thirds being in the affirmative) the (Mr. HASTINGS) each will control 20 Columbia. rules were suspended and the bill, as minutes. The Chair recognizes the gentle- This land transfer will allow the city amended, was passed. government to better maintain these The title was amended so as to read: woman from the Virgin Islands. properties as well as plan for their fu- ‘‘A bill to direct the Secretary of the GENERAL LEAVE ture development. Interior to transfer certain properties Mrs. CHRISTENSEN. I ask unani- Mr. Speaker, Congresswoman NORTON to the District of Columbia.’’ mous consent that all Members may is a tireless advocate for the people of A motion to reconsider was laid on have 5 legislative days in which to re- the District and should be commended the table. vise and extend their remarks and in- clude extraneous material on the bill for her work on this bill. I congratulate f her on her efforts and urge the House under consideration. to support this bill. AUTHORIZING PEACE CORPS The SPEAKER pro tempore. Is there I reserve the balance of my time. COMMEMORATIVE WORK objection to the request of the gentle- Mr. HASTINGS of Washington. Mr. Mrs. CHRISTENSEN. Mr. Speaker, I woman from the Virgin Islands? move to suspend the rules and pass the There was no objection. Speaker, the gentlelady from the Vir- Mrs. CHRISTENSEN. Mr. Speaker, bill (H.R. 4195) to authorize the Peace gin Islands has adequately explained H.R. 4195 would authorize the Peace Corps Commemorative Foundation to this bill. Corps Commemorative Foundation to I yield back the balance of my time. establish a commemorative work in establish a commemorative work on Mrs. CHRISTENSEN. Mr. Speaker, the District of Columbia and its envi- Federal land in the District of Colum- the sponsor of H.R. 5494, Congress- rons, and for other purposes, as amend- bia. The Foundation was created to woman ELEANOR HOLMES NORTON, is ed. promote a memorial to ‘‘honor the pre- chairing a committee meeting at this The Clerk read the title of the bill. eminent historical and lasting signifi- time, so she is unable to be on the The text of the bill is as follows: cance of the establishment of the floor. Therefore under general leave, I H.R. 4195 Peace Corps . . . and the American am submitting the statement of Con- Be it enacted by the Senate and House of Rep- ideals and values upon which it was gresswoman NORTON for the RECORD. resentatives of the United States of America in founded.’’ Ms. NORTON. Mr. Speaker, I want to thank Congress assembled, H.R. 4195 was introduced by Congress- the chairman of the Committee on Natural Re- SECTION 1. MEMORIAL TO COMMEMORATE THE man FARR, one of six Members of Con- sources, NICK RAHALL, and sucommittee chair ESTABLISHMENT OF THE PEACE CORPS AND TO HONOR THE IDEALS gress who have served in the Peace RAU´ L GRIJALVA for their delightful work in mov- UPON WHICH IT WAS FOUNDED. Corps. I commend Representative FARR ing this important bill to the House floor. H.R. (a) AUTHORIZATION TO ESTABLISH COM- for his persistence in championing the 5494 will transfer ownership of certain prop- MEMORATIVE WORK.—The Peace Corps Com- Peace Corps and this legislation, and I erties in the District from the National Park memorative Foundation may establish a urge Members to support H.R. 4195. Service (NPS) to the District of Columbia. commemorative work on Federal land in the I reserve the balance of my time. NPS supports the transfer of these small, District of Columbia and its environs to Mr. HASTINGS of Washington. I scattered properties. These isolated parcels commemorate the formation of the Peace yield myself such time as I may con- Corps and to honor the ideals upon which the are of no use to NPS, but can be useful for Peace Corps was founded. sume. overall livability in the city. (b) COMPLIANCE WITH STANDARDS FOR COM- Mr. Speaker, H.R. 4195 has once again The District of Columbia is land-poor be- MEMORATIVE WORKS ACT.—The establishment been adequately explained by the gen- cause the federal government owns much of of the commemorative work shall be in ac- tlelady from the Virgin Islands. How- the land here, and certainly the best located cordance with chapter 89 of title 40, United ever, I would like to emphasize—and I

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6827 think this is important in the discus- hundreds of miles in the middle of the subcommittee marked it at that, which sion we’re having today—that this night to try to save her. It was not my can renew the promise of the Peace project would be planned, constructed, community in Colombia. When the Corps in anticipation of its 50th anni- and maintained using non-Federal landing strip was too dark for a plane versary. funds. We ought to look at that prob- to land, members of the community President Obama has directed the ably more often in programs we ad- put out burning lanterns to guide the Peace Corps to aggressively reform dress here. plane in. They consoled me. They took programming and training and open up I reserve the balance of my time. care of our family. and expand missions around the world, Mrs. CHRISTENSEN. Mr. Speaker, I It was poverty, the grinding poverty specifically in North Africa, Central yield such time as he may consume to that still exists today, that exposes Asia, and the Middle East. Just as the sponsor of this legislation, the gen- women and men, young and old, to President Kennedy did 50 years ago, tleman from California, Congressman enormous vulnerabilities. President Obama inspired a Nation FARR. I might add that those vulnerabili- with his call to service. He has rede- Mr. FARR. Mr. Speaker, I rise on be- ties aren’t protected by an American fined the way the United States en- half of my colleagues in Congress who passport or an American ability to find gages with the world, emphasizing di- are return Peace Corps volunteers— monetary solutions. If you’re stuck in rect communication and people-to-peo- Congressman PETRI, Congressman an underserved, poverty part of the ple diplomacy. Peace Corps represents HONDA, Congressman DRIEHAUS, and world with a crisis in front of you, you those ideals at a time when diplomacy Congressman GARAMENDI. have to deal with the tools at hand. is a global imperative. Fifty years ago this October in a pre- I committed then at that moment, Please join me in voting for H.R. 4195 dawn address, then-Presidential can- and throughout my life, to work to end to commemorate the 50th anniversary didate, John F. Kennedy, challenged the culture of poverty. My life was of the Peace Corps and allow a com- students at the University of Michigan changed. It was the Peace Corps that memorative mark to be done at no cost to give 2 years of their lives to improve changed me. to the taxpayers. America’s image by serving abroad. My story is one of a quarter of a mil- Mr. PETRI. Mr. Speaker, I support passage This impromptu exhortation ulti- lion volunteer stories and millions of of H.R. 4195, a bill that would authorize the mately set the stage for the Peace more Peace Corps stories if you talk to Peace Corps Commemorative Foundation to Corps, redefined U.S. global engage- the communities that receive the vol- establish a commemorative work to honor the ment, and elevated American moral unteers. formation of the Peace Corps and the ideals standing at the height of the Cold War. Peace Corps was then, and continues upon which it was founded. I served in the Peace Corps in Somalia in The idea ignited the public imagina- to be today, a story of the goodness of 1966–67, just 5 years after the program’s tion and the executive branch initiated the United States of America. Next founding, and saw first hand the contribution the program rapidly. Losing no time, year, Peace Corps will celebrate its that Peace Corps volunteers make to the com- President Kennedy ordered Sargent 50th anniversary. Shriver to do a feasibility study. Sar- munities they serve. Fifty years later, the con- b 1510 gent Shriver said at the time, ‘‘We re- tinued selfless and noble service outside our ceived more letters from people offer- In anticipation of this momentous borders remains a testament to the timeless ing to work in or to volunteer for the occasion, the 111th Congress is poised American ideals embodied by the Peace Peace Corps, which did not then exist, to take action on two very important Corps volunteers I served with and those that are serving today. Indeed, the creation of the than for all other existing Federal measures to honor the Peace Corps. Peace Corps by Congress and President John agencies.’’ First, the House will vote today to cel- I was one of those early recruits who ebrate a half century of the Peace F. Kennedy in 1961 marked a fundamental turning point in American foreign policy. The found in the Peace Corps an avenue for Corps with a commemorative work in values and ideals of America were put into ac- national service. And just as 8,000 cur- the District of Columbia. The com- tion to help meet the needs of people in devel- rent volunteers are doing today around memorative work authorized by this oping countries through volunteer service the world, I did many years ago in bill is compliant with both the letter and the intent of the Commemorative abroad. Medellin, Colombia, South America. The memorials and commemoratives of Works Act. It costs zero taxpayer dol- As a member of the Peace Corps, you Washington, DC, tell the story of the people lars, not a penny. wake up in a distant country, without and events that have shaped our nation’s his- This bill provides a space where the any modern amenities, and start work- tory and our fundamental ideals. The founding creation of the Peace Corps will find its ing with your neighbors to prioritize of the Peace Corps was an expression of place in American history. It will be a community projects. You labor shoul- those ideals and will continue to inspire new modest commemorative work, a place der-to-shoulder to make those projects generations of Americans to embrace the be- to contemplate the spirit of hope that a reality. And in the process, you build lief that we can and should reach out to uplift gave rise to the idea of sending a cadre hope and understanding and dem- those around us. As such, I believe the Peace of Americans into the world to serve onstrate American generosity. Corps’s founding, and the American ideals it their country by serving the poorest The understanding is a two-way represents, deserve an essential and mean- street. When I was in Colombia, I and most vulnerable in the world. It ingful part of the national capital landscape to learned as much as I taught. I took commemorates the creation of a commemorate the preeminent, lasting signifi- away as much as I gave. unique form of public service that cance of a watershed moment in the nation’s When I was in Colombia, my mother seeks peace through international serv- history, the founding of the Peace Corps 50 passed away from cancer. My father ice, people-to-people diplomacy, and years ago. I ask my colleagues to join me in brought my two sisters to visit me to cross-cultural understanding. supporting H.R. 4195. have a family reunion. My youngest I appreciate the work of Chairman Mr. HASTINGS of Washington. Mr. sister, Nancy, 17-years-old, a junior in RAHALL and Chairman GRIJALVA and Speaker, I have no requests for time, high school, was killed in an accident. their staffs; the minority staff and Mr. and I yield back the balance of my She was thrown from a horse. Her DOC HASTINGS, and I particularly would time. death was avoidable. Better health like to recognize the staffs of both of Mrs. CHRISTENSEN. Mr. Speaker, I care, a better hospital could have saved the majority and minority committee have no further requests for time, and her. members who helped bring this bill to I yield back the balance of my time. I was angry at Colombia, at sort of the floor. The SPEAKER pro tempore. The Third World poverty, at my commu- Later this year we’ll have another question is on the motion offered by nity, and at myself for having brought opportunity to show our appreciation the gentlewoman from the Virgin Is- my family to visit me. for the Peace Corps when we vote for lands (Mrs. CHRISTENSEN) that the I stuck with it, though, and over the House funding for Peace Corps in House suspend the rules and pass the time with reflection, I came to terms the FY11 State, Foreign Operations Ap- bill, H.R. 4195, as amended. with my anger. It was not Colombia. It propriations Act. The House has met The question was taken; and (two- was not Colombian doctors who flew the President’s ask of $446 million, the thirds being in the affirmative) the

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6828 CONGRESSIONAL RECORD — HOUSE September 22, 2010 rules were suspended and the bill, as bers may have 5 legislative days within the Battle of Kennesaw Mountain, and Gen- amended, was passed. which to revise and extend their re- eral Sherman was stationed at the Wallis A motion to reconsider was laid on marks and add any extraneous mate- House during the preceding Battle of Kolb’s the table. rial on the bill under consideration. Farm. Additionally, Harriston Hill—which is ad- f The SPEAKER pro tempore. Is there jacent to the Wallis House—was used as sig- objection to the request of the gentle- KENNESAW MOUNTAIN NATIONAL naling position by General Howard and offers woman from the Virgin Islands? a picturesque view of the valley leading to the BATTLEFIELD PARK BOUNDARY There was no objection. ADJUSTMENT ACT OF 2010 top of Kennesaw Mountain where Confederate Mrs. CHRISTENSEN. Mr. Speaker, I troops were positioned. Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may con- Mr. Speaker, adding these 8 acres to the move to suspend the rules and pass the sume. Kennesaw Mountain National Battlefield Park H.R. 5152 was introduced by Rep- bill (H.R. 5152) to adjust the boundary would only enhance a visitor’s experience at resentative GINGREY of Georgia. The of the Kennesaw Mountain National the park by providing critical information about Battlefield Park to include the Wallis bill would adjust the boundaries of the the positions of both Union and Confederate House and Harriston Hill, and for other Kennesaw Mountain National Battle- troops during the battle. Most importantly, add- purposes. field Park to include two additional ing the 8 acres to the park will have no cost The Clerk read the title of the bill. historic sites associated with that bat- to the American taxpayers. The text of the bill is as follows: tle. H.R. 5152 only authorizes the National Park H.R. 5152 Pursuant to the legislation, Cobb Service to acquire the land in question from Be it enacted by the Senate and House of Rep- County would donate the properties to resentatives of the United States of America in the National Park Service. This bill willing landowners by donation or exchange Congress assembled, has the full support of the National only. The 8 acres that will be added to the SECTION 1. SHORT TITLE. Park Service and current property park has already been purchased by Cobb This Act may be cited as the ‘‘Kennesaw owners. County and the Cobb Land Trust for the pur- Mountain National Battlefield Park Bound- Mr. Speaker, we do not oppose H.R. poses of donating it to the National Park Serv- ary Adjustment Act of 2010’’. ice. SEC. 2. FINDINGS. 5152. I reserve the balance of my time. This legislation is the culmination of years of The Congress finds the following: hard work and commitment by the National (1) Kennesaw Mountain National Battle- Mr. HASTINGS of Washington. Mr. field Park was authorized as a unit of the Speaker, I yield myself such time as I Park Service, the Cobb Land Trust, the Geor- National Park System on June 26, 1935. Prior may consume. gia Civil War Commission, and the Cobb to 1935, parts of the park had been acquired Mr. Speaker, Kennesaw Mountain County Government. and protected by Civil War veterans and the National Battlefield Park was author- Specifically, I want to commend the Super- War Department. ized as a unit of the National Park Sys- intendent of the Kennesaw Mountain National (2) Kennesaw Mountain National Battle- tem in 1935 as one of the first battle- Battlefield Park—Stanley Bond—and the field Park protects Kennesaw Mountain and field parks. Most of the park consists park’s Chief Ranger—Lloyd Morris—for their Kolb’s Farm, which are battle sites along the service to the park and this expansion. I also route of General Sherman’s 1864 campaign to of Confederate positions. This bill will take Atlanta. allow the Wallis House, one of the few want to thank Cobb County Commissioner (3) Most of the park protects Confederate remaining structures associated with Helen Goreham—who represents the Park, positions and strategy. The Wallis House is Union forces, to be added to the park. the Wallis House, and Harriston Hill—for com- one of the few original structures remaining This bill authorizes the Secretary of ing to Washington to testify on behalf of this from the Battle of Kennesaw Mountain asso- the Interior to acquire approximately 8 legislation before the Natural Resources Com- ciated with Union positions and strategy. acres that are owned by Cobb County mittee. (4) The Wallis House is strategically lo- and will be donated to the National Mr. Speaker, as a long time resident of cated next to a Union signal station at Park Service. Congressman GINGREY Cobb County, I can personally attest to the Harriston Hill. should be commended for his work on historical significance and beauty of the Ken- SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISI- TION; ADMINISTRATION. this bipartisan bill. nesaw Mountain National Battlefield Park. This (a) BOUNDARY ADJUSTMENT.—The boundary Mr. GINGREY of Georgia. Mr. Speaker, I park—which is second only to Gettysburg Na- of the Kennesaw Mountain National Battle- rise in strong support of H.R. 5152, the Ken- tional Battlefield Park in terms of annual visi- field Park is modified to include the approxi- nesaw Mountain National Battlefield Park tors out of all of the Civil War parks—is impor- mately 8 acres identified as ‘‘Wallis House Boundary Adjustment Act of 2010. As the au- tant to the local community and the preserva- and Harriston Hill’’, and generally depicted thor of this legislation, I appreciate the work of tion of our national heritage. I believe that on the map titled ‘‘Kennesaw Mountain Na- tional Battlefield Park, Proposed Boundary the Chairman and Ranking Member of the H.R. 5152 only adds to the significance of the Adjustment’’, numbered 325/80,020, and dated Natural Resources Committee—Mr. RAHALL park and will enhance the experience of visi- February 2010. from West Virginia and Mr. HASTINGS from tors for years to come. (b) MAP.—The map referred to in sub- Washington—for working in a bipartisan man- I urge all of my colleagues to support H.R. section (a) shall be on file and available for ner to bring this bill to the House floor today. 5152. inspection in the appropriate offices of the The Kennesaw Mountain National Battlefield Mr. HASTINGS of Washington. Mr. National Park Service. (c) LAND ACQUISITION.—The Secretary of Park was first authorized as a unit of the Na- Speaker, I yield back the balance of the Interior is authorized to acquire, from tional Park System within the National Park my time. willing owners only, land or interests in land Service on June 26, 1935. This park pre- Mrs. CHRISTENSEN. Mr. Speaker, I described in subsection (a) by donation or ex- serves the area surrounding the location of the yield back the balance of my time. change. Battle of Kennesaw Mountain, which took The SPEAKER pro tempore. The (d) ADMINISTRATION OF ACQUIRED LANDS.— place in June of 1864. This battle was the last question is on the motion offered by The Secretary of the Interior shall admin- ister land and interests in land acquired major battle of Union General William T. Sher- the gentlewoman from the Virgin Is- under this section as part of the Kennesaw man’s campaign to capture Atlanta during the lands (Mrs. CHRISTENSEN) that the Mountain National Battlefield Park in ac- Civil War. House suspend the rules and pass the cordance with applicable laws and regula- Mr. Speaker, H.R. 5152 will adjust the bill, H.R. 5152. tions. boundary of the Kennesaw Mountain National The question was taken; and (two- The SPEAKER pro tempore. Pursu- Battlefield Park to include approximately 8 thirds being in the affirmative) the ant to the rule, the gentlewoman from acres which contain the historic Wallis House rules were suspended and the bill was the Virgin Islands (Mrs. CHRISTENSEN) and Harriston Hill. The Wallis House is one of passed. and the gentleman from Washington the few remaining structures from the battle A motion to reconsider was laid on (Mr. HASTINGS) each will control 20 and adds significant historical significance to the table. minutes. the park. Currently, the park focuses on Con- f The Chair recognizes the gentle- federate positions and strategy. With the addi- MT. ANDREA LAWRENCE woman from the Virgin Islands. tion of these 8 acres, the park will now include DESIGNATION ACT OF 2010 GENERAL LEAVE important strategic positions of the Union. Mrs. CHRISTENSEN. Mr. Speaker, I In fact, Union General O.O. Howard used Mrs. CHRISTENSEN. Mr. Speaker, I ask unanimous consent that all Mem- the Wallis House as his headquarters during move to suspend the rules and pass the

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6829 bill (H.R. 5194) to designate Mt. Andrea GENERAL LEAVE For her significant accomplishments, she was Lawrence, and for other purposes. Mrs. CHRISTENSEN. Mr. Speaker, I inducted into the U.S. National Ski Hall of The Clerk read the title of the bill. ask unanimous consent that all Mem- Fame in 1958, at the age of 25. The text of the bill is as follows: bers may have 5 legislative days within These remarkable achievements at a young H.R. 5194 which to revise and extend their re- age, however, were just the beginning of a life of service to her community and environ- Be it enacted by the Senate and House of Rep- marks and include extraneous material resentatives of the United States of America in on the bill under consideration. mental preservation. In 1968, Andrea moved Congress assembled, The SPEAKER pro tempore. Is there to Mammoth Lakes in the spectacularly beau- tiful Eastern Sierra of California. It was in this SECTION 1. SHORT TITLE. objection to the request of the gentle- This Act may be cited as the ‘‘Mt. Andrea woman from the Virgin Islands? special region she spent the rest of her life Lawrence Designation Act of 2010’’. There was no objection. working to protect the area’s natural treasures. Never one to rest on her accomplishments, SEC. 2. FINDINGS. Mrs. CHRISTENSEN. Mr. Speaker, I she founded the Friends of Mammoth to main- Congress finds that Andrea Mead Law- yield myself such time as I may con- rence— sume. tain the beauty and serenity of Mammoth (1) was born in Rutland County, Vermont, H.R. 5194, introduced by Representa- Lakes and the Eastern Sierra. She served for on April 19, 1932, where she developed a life- tive BUCK MCKEON, would designate a 16 years on the Mono County Board of Super- long love of winter sports and appreciation mountain in California’s Sierra Ne- visors, where she worked tirelessly to protect for the environment; vadas as Mt. Andrea Lawrence. Andrea and restore Mono Lake, Bodie State Historic (2) competed in the 1948 Winter Olympics Mead Lawrence was the first American Park, and other important natural and cultural in St. Moritz, Switzerland, and the 1956 Win- to win two Olympic gold medals in al- landscapes of the Eastern Sierra. As a mem- ter Olympics in Cortina d’Ampezzo, Italy, ber of the Great Basin Air Pollution Control and was the torch lighter at the 1960 Winter pine skiing. She followed her Olympic career with a career as an ardent con- District, she worked to reduce air pollution Olympics in Squaw Valley, California; caused by the dewatering of Owens Lake. In (3) won 2 Gold Medals in the Olympic spe- servationist. cial and giant slalom races at the 1952 Win- H.R. 5194 designates Peak 12,240 as 2003, she founded the Andrea Lawrence Insti- ter Olympics in Oslo, Norway, and remains Mt. Andrea Lawrence. The mountain is tute for Mountains and Rivers to protect the the only United States double-gold medalist located on the northern border of the environment and the economic vitality of this important region. in alpine skiing; Ansel Adams Wilderness and the Yo- In 2008, she testified before the Mono (4) was inducted into the U.S. National Ski semite National Park. This seems a fit- Hall of Fame in 1958 at the age of 25; County Board of Supervisors in favor of the (5) moved in 1968 to Mammoth Lakes in the ting tribute to the life and work of Ms. Eastern Sierra and Northern San Gabriel Wild spectacularly beautiful Eastern Sierra of Lawrence. Heritage Act, a bill enacted the day before she California, a place that she fought to protect I urge Members to support H.R. 5194. died on March 31, 2009 at the age of 76. An- for the rest of her life; I reserve the balance of my time. drea left a rich legacy of a family of five chil- (6) founded the Friends of Mammoth to Mr. HASTINGS of Washington. Mr. dren and four grandchildren, as well as a dis- maintain the beauty and serenity of Mam- Speaker, I yield myself as much time tinguished record in skiing. Her tireless efforts moth Lakes and the Eastern Sierra; as I may consume. (7) served for 16 years on the Mono County have left a better legacy for the people who Mr. Speaker, Andrea Lawrence was a live and recreate in the Eastern Sierra. Board of Supervisors, where she worked tire- successful Olympic skier, a long-time lessly to protect and restore Mono Lake, Andrea Mead Lawrence’s life philosophy is Bodie State Historic Park and other impor- member of the Mono County Board of summed up in her quote ‘‘Your life doesn’t tant natural and cultural landscapes of the Supervisors, and founder of the Andrea stop by winning medals. It’s only the begin- Eastern Sierra; Lawrence Institute for Mountains and ning. And if you have the true Olympic spirit, (8) worked, as a member of the Great Basin Rivers. This bill, as was explained, des- you have to put it back into the world in mean- Air Pollution Control District, to reduce air ignates an unnamed 12,000-foot peak lo- ingful ways.’’ pollution that had been caused by the cated on the boundary between the Mr. Speaker, it is very fitting to name Peak dewatering of Owens Lake; Ansel Adams Wilderness Area and Yo- 12,240 ‘‘Mt. Andrea Lawrence’’; both in her (9) founded the Andrea Lawrence Institute semite National Park as Mt. Andrea for Mountains and Rivers in 2003 to work for honor, and as a visible point of inspiration for environmental protection and economic vi- Lawrence. future generations. tality in the region she loved so much; This designation is a fitting tribute Mr. HASTINGS of Washington. I (10) testified in 2008 before the Mono Coun- to Andrea Lawrence, who died last year yield back the balance of my time. ty Board of Supervisors in favor of the East- at the age of 76 after a long career as a Mrs. CHRISTENSEN. Mr. Speaker, I ern Sierra and Northern San Gabriel Wild pioneering woman and civic leader. yield back the balance of my time. Heritage Act, a bill that was enacted the day Congressman MCKEON should be com- The SPEAKER pro tempore. The before she died; mended for his work on this bill. question is on the motion offered by (11) passed away on March 31, 2009, at 76 Mr. MCKEON. Mr. Speaker, for the time to the gentlewoman from the Virgin Is- years of age, leaving 5 children, Cortlandt, speak in favor of my legislation, H.R. 5194, to lands (Mrs. CHRISTENSEN) that the Matthew, Deirdre, Leslie, and Quentin, and 4 House suspend the rules and pass the grandchildren; and name a peak in the Eastern Sierra in honor of Andrea Mead Lawrence. Let me also express bill, H.R. 5194. (12) leaves a rich legacy that will continue The question was taken; and (two- my appreciation to the leaders of the Com- to benefit present and future generations. thirds being in the affirmative) the mittee on Natural Resources, Chairmen RA- SEC. 3. DESIGNATION OF MT. ANDREA LAW- rules were suspended and the bill was RENCE. HALL and GRIJALVA, and Ranking Members passed. (a) IN GENERAL.—Peak 12,240 (located 0.6 HASTINGS and BISHOP who worked to help miles northeast of Donahue Peak on the A motion to reconsider was laid on bring this legislation to the floor today. the table. northern border of the Ansel Adams Wilder- Andrea Mead Lawrence was a remarkable ness and Yosemite National Park (UTM co- woman. I was honored to know and work with f ordinates Zone 11, 304428 E, 4183631 N)) shall be known and designated as ‘‘Mt. Andrea her for the protection of the Eastern Sierra, a COMMEMORATING 75TH ANNIVER- Lawrence’’. cause she championed for much of her life. SARY OF THE BLUE RIDGE (b) REFERENCES.—Any reference in a law, Born in Rutland County, Vermont, on April 19, PARKWAY map, regulation, document, record, or other 1932, she developed a life-long love of winter Mrs. CHRISTENSEN. Mr. Speaker, I paper of the United States to the peak de- sports and appreciation for the environment. A move to suspend the rules and agree to scribed in subsection (a) shall be considered skilled skier, she competed in the 1948 Winter the concurrent resolution (H. Con. Res. to be a reference to ‘‘Mt. Andrea Lawrence’’. Olympics in St. Moritz, Switzerland as well as 294) commemorating the 75th Anniver- The SPEAKER pro tempore. Pursu- the 1956 Winter Olympics in Cortina sary of the Blue Ridge Parkway. ant to the rule, the gentlewoman from d’Ampezzo Italy. She also served as the torch The Clerk read the title of the con- the Virgin Islands (Mrs. CHRISTENSEN) lighter at the 1960 Winter Olympics in Squaw current resolution. and the gentleman from Washington Valley, California. In the 1952 Winter Olympics The text of the concurrent resolution (Mr. HASTINGS) each will control 20 in Oslo Norway, she won two Gold Medals in is as follows: minutes. the Olympic special and giant slalom races. H. CON. RES. 294 The Chair recognizes the gentle- To this day, she remains the only United Whereas the Blue Ridge Parkway links the woman from the Virgin Islands. States double-gold medalist in alpine skiing. Great Smoky Mountains National Park to

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6830 CONGRESSIONAL RECORD — HOUSE September 22, 2010 the Shenandoah National Park, providing 469 the Virgin Islands (Mrs. CHRISTENSEN) The Clerk read the title of the resolu- scenic miles for motor recreation along the and the gentleman from Washington tion. crest of the Blue Ridge Mountains in North (Mr. HASTINGS) each will control 20 The text of the resolution is as fol- Carolina and Virginia; minutes. Whereas North Carolina state geologist Jo- lows: seph Hyde Pratt first proposed a scenic road The Chair recognizes the gentle- H. RES. 1503 along the Blue Ridge Mountains in 1906; woman from the Virgin Islands. Whereas the estuary regions of the United Whereas, on November 24, 1933, at the rec- GENERAL LEAVE States comprise a significant share of the ommendation of Virginia Senator Harry Mrs. CHRISTENSEN. Mr. Speaker, I national economy, with 43 percent of the Byrd, Secretary of the Interior Harold Ickes ask unanimous consent that all Mem- population, 40 percent of employment, and 49 approved construction of the new highway to bers may have 5 legislative days within percent of economic output located in such connect the Great Smoky Mountains Na- regions; tional Park with the Shenandoah National which to revise and extend their re- marks and include extraneous material Whereas coasts and estuaries contribute Park; more than $800,000,000,000 annually in trade Whereas, on September 11, 1935, construc- on the bill under consideration. and commerce to the Nation’s economy; tion began on the first 12.5-mile section of The SPEAKER pro tempore. Is there Whereas more than 43 percent of all adults the Blue Ridge Parkway near Cumberland objection to the request of the gentle- in the United States visit a sea coast or estu- Knob in North Carolina; woman from the Virgin Islands? ary at least once a year to participate in Whereas Stanley L. Abbott is widely re- There was no objection. some form of recreation, generating membered as the ‘‘father of the Blue Ridge $8,000,000,000 to $12,000,000,000 in revenue an- Parkway’’ for his work to oversee planning b 1520 nually; of the project; Mrs. CHRISTENSEN. Mr. Speaker, Whereas more than 28,000,000 jobs in the Whereas the Blue Ridge Parkway was es- House Concurrent Resolution 294 was United States are supported through com- tablished by Congress as a unit of the Na- introduced on June 30, 2010, by Rep- mercial and recreational fishing, boating, tional Park Service on June 30, 1936; tourism, and other coastal industries that resentative TOM PERRIELLO of Virginia Whereas the National Park Service devel- rely on healthy estuaries; opment program, ‘‘Mission 66’’, oversaw the and is cosponsored by Members on both Whereas estuaries provide vital habitat for completion of most remaining gaps along the sides of the aisle from Virginia and countless species of fish and wildlife, includ- Blue Ridge Parkway during the 1950s and North Carolina. ing many that are listed as threatened spe- 1960s; The resolution celebrates the 75th cies or endangered species; Whereas the Blue Ridge Parkway’s final anniversary of the most visited unit of Whereas estuaries provide critical eco- stretch of road was completed in 1987 with the national park system, the Blue system services that protect human health the construction of the Linn Cove Viaduct; Ridge Parkway, which links Great and public safety, including water filtration, Whereas the Blue Ridge Parkway provides Smoky Mountains National Park to flood control, shoreline stabilization and recreational opportunities for American erosion prevention, and protection of coastal families at picnic areas, campgrounds, and Shenandoah National Park. communities during extreme weather events; on scenic drives through Appalachian moun- Mr. Speaker, it is fitting that we rec- Whereas 55,000,000 acres of estuarine habi- tain passes; ognize this great public works achieve- tat have been destroyed over the last 100 Whereas the diverse topography and nu- ment and its significance to the Amer- years; merous vista points along the Blue Ridge ican people. I commend Representative Whereas bays once filled with fish and oys- Parkway make it the most accessible way to PERRIELLO for bringing this resolution ters have become dead zones filled with ex- visit and experience Southern Appalachian before us and urge the House to ap- cess nutrients, chemical wastes, harmful rural landscapes and mountains; prove this measure. algae, and marine debris; Whereas the Parkway is world-renowned Whereas sea level rise is accelerating the for its biodiversity, which includes 74 species I reserve the balance of my time. degradation of estuaries by submerging low- of mammals, 50 salamander species, 35 rep- Mr. HASTINGS of Washington. Mr. lying lands, eroding beaches, converting wet- tile species, 159 species of birds and 25 species Speaker, I yield myself as much time lands to open water, exacerbating coastal of fish; as I may consume. flooding, and increasing the salinity of estu- Whereas the Blue Ridge Parkway is the Mr. Speaker, I am pleased to join aries and freshwater aquifers; most visited unit of the National Park Serv- with the measure’s many sponsors rec- Whereas in the Coastal Zone Management ice with nearly 20 million visitors each year; ognizing the anniversary of the Blue Act of 1972 (16 U.S.C. 1451 et seq.), Congress Whereas the Blue Ridge Parkway promotes Ridge Parkway, which was first pro- found and declared that it is national policy regional travel and tourism by unifying the to preserve, protect, develop, and where pos- 29 counties through which it passes, engen- posed by Senator Harry Byrd in 1933, sible, to restore or enhance, the resources of dering a shared regional identity, providing but was completed under President the Nation’s coastal zone, including estu- a common link of interest, and contributing Ronald Reagan in 1987. aries, for current and future generations; to the economic vitality of the area; Mr. Speaker, I have no further re- Whereas scientific study leads to better Whereas the Blue Ridge Parkway is one of quests for time, and I yield back the understanding of the benefits of estuaries to the strongest economic engines in the South- balance of my time. human and ecological communities; ern Appalachian region, generating an esti- Mrs. CHRISTENSEN. I yield back the Whereas Federal, State, local, and tribal mated $2.3 billion in North Carolina and Vir- governments, national and community orga- ginia annually; balance of my time. The SPEAKER pro tempore. The nizations, and private citizens work together Whereas the Blue Ridge Parkway has re- to effectively manage our Nation’s estuaries; ceived volunteer support from thousands of question is on the motion offered by Whereas estuary restoration efforts cost- Virginians and North Carolinians, including the gentlewoman from the Virgin Is- effectively restore natural infrastructure in 1,400 volunteers in 2008 who provided more lands (Mrs. CHRISTENSEN) that the local communities, helping to create jobs than 50,000 hours of service; House suspend the rules and agree to and reestablish the natural functions of estu- Whereas the Blue Ridge Parkway is a great the concurrent resolution, H. Con. Res. aries that yield countless benefits; and public works achievement that maintains 294. Whereas September 25, 2010, has been des- natural, historic, and cultural significance ignated National Estuaries Day to increase for the people of Virginia and North Caro- The question was taken; and (two- thirds being in the affirmative) the awareness among all citizens, including lina; and local, State, and Federal officials, about the Whereas this crown jewel of the National rules were suspended and the concur- importance of healthy estuaries and the need Park Service deserves the support of Con- rent resolution was agreed to. to protect and restore them: Now, therefore, gress to preserve its ecological and cultural A motion to reconsider was laid on be it integrity, maintain its infrastructure, and the table. Resolved, That the House of Representa- protect its famously scenic views: Now, f tives— therefore, be it (1) supports the goals and ideals of Na- Resolved by the House of Representatives (the SUPPORTING NATIONAL tional Estuaries Day; Senate concurring), That Congress— ESTUARIES DAY (2) acknowledges the importance of estu- (1) commemorates the 75th Anniversary of aries to the Nation’s economic well-being the Blue Ridge Parkway; and Mrs. CHRISTENSEN. Mr. Speaker, I move to suspend the rules and agree to and productivity; (2) acknowledges the historic and enduring (3) recognizes the persistent threats that scenic, recreational, and economic value of the resolution (H. Res. 1503) expressing undermine the health of the Nation’s estu- this unique national treasure. support for the goals and ideals of Na- aries; The SPEAKER pro tempore. Pursu- tional Estuaries Day, and for other (4) applauds the work of national and com- ant to the rule, the gentlewoman from purposes. munity organizations and public partners to

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6831 promote public awareness, protection, and human livelihoods. In these unique educating our constituents about estu- restoration of estuaries; and habitats, ecological resources and mil- aries and getting people excited about (5) reaffirms its support for estuaries, in- lions of jobs in tourism, fishing and the natural beauty to be found there. cluding the preservation, protection, and res- other coastal industries intersect. I ask my colleagues to vote today to toration thereof, and expresses its intent to Estuaries have given rise to iconic continue working to protect and restore the support those goals and ideals by mak- estuaries of the United States. port cities central to our culture, and ing September 25 National Estuaries they remain the refuge of unique spe- Day. The SPEAKER pro tempore. Pursu- cies that define our environment. It is Mrs. CAPPS. Mr. Speaker, I rise today to ant to the rule, the gentlewoman from this balance that makes estuaries one express my support for H. Res. 1503, a reso- the Virgin Islands (Mrs. CHRISTENSEN) of the most important ecosystems in lution supporting the goals and ideals of Na- and the gentleman from Washington the United States, one worth recog- tional Estuaries Day. (Mr. HASTINGS) each will control 20 nizing as we do here with House Reso- I want to thank my colleague, KATHY CAS- minutes. lution 1503. TOR, for introducing this resolution, which I The Chair recognizes the gentle- Estuary regions contain 43 percent of have cosponsored. woman from the Virgin Islands. the population, 49 percent of the eco- We each represent coastal districts that are GENERAL LEAVE nomic output while occupying only 13 home to estuaries—places where the rivers Mrs. CHRISTENSEN. I ask unani- percent of the U.S. continental land meet the sea—and these estuaries are of mous consent that all Members may area. As coastal regions continue to great importance to the health of our coastal have 5 legislative days in which to re- further experience development, it is communities and environment. vise and extend their remarks and in- important to maintain this balance be- In my district, the Morro Bay National Estu- clude extraneous material on this reso- tween economic prosperity and ecologi- ary is an ecological treasure. lution under consideration. cal health. Lagoons and wetlands that were once com- The SPEAKER pro tempore. Is there The BP Deepwater Horizon oil dis- mon along the southern California coast are objection to the request of the gentle- aster in the Gulf of Mexico calls atten- nearly all filled and developed. But we are for- woman from the Virgin Islands? tion to this delicate balance between tunate that the Morro Bay Estuary has largely There was no objection. maintaining our quality of life and sus- survived. And we must continue to protect this Mrs. CHRISTENSEN. Mr. Speaker, I taining our precious natural resources. natural resource. rise in support of House Resolution 1503 Coastal health and restoration have The Estuary provides vital habitat for birds and would like to commend the sponsor taken on a new level of significance in and fish. It is an important stop-over for over of the resolution, Representative light of the oil disaster, making our 150 species of migratory birds during their an- KATHY CASTOR of Florida, for her con- awareness of estuary ecosystems all nual migration. And it is a critical winter home tinued leadership in recognizing the the more important. to several other bird species. The estuary also Estuaries provide critical ecosystem importance of our Nation’s estuaries. acts as a nursery for commercial fish in the services that protect human health and National Estuaries Day was estab- area. public safety, such as water filtration, lished in 1988 to celebrate the impor- Since the Morro Bay Estuary was incor- flood control, erosion prevention. They tance of these coastal ecosystems to porated into the National Program in 1995, the also protect coastal communities dur- the Nation’s trade, commerce, indus- inspiring team of staff and volunteers has ing extreme weather events like hurri- try, recreation and environmental spearheaded numerous efforts to preserve canes and floods. quality and to recognize the work of and restore the estuary. national and community organizations The Tampa Bay area, my home dis- trict, is known internationally for its For example, partnering with local ranchers, to promote the need to preserve, pro- the Estuary Program has installed fencing tect, and restore these vital areas. collaborative approach to watershed management, which has led to signifi- along nearly 75,000 feet of creek to limit cattle In light of the recent disaster in the access. This has protected water quality and Gulf of Mexico, it is clear that now, cant improvements in the quality of our estuary, the beautiful Tampa Bay. improved riparian habitat on seven creeks. more than ever, we should pause to rec- The Tampa Bay Estuary Program The Program has provided funding to the ognize the essential role estuaries play has worked closely with the public and City of Morro Bay to remove derelict vessels in economic and environmental health private sector to develop and imple- before they pollute local waters and damage of the United States. ment a watershed management plan to habitat. Mr. Speaker, I reserve the balance of bring about positive changes. The re- They have also established the Estuary Na- my time. sults have been obvious in Tampa Bay. ture Center and WaterFest, to educate the Mr. HASTINGS of Washington. Mr. Water is as clear now as it was in 1950. general public about the beauty of the estuary Speaker, I yield myself as much time We have about 10,000 more acres of and its importance to water quality and con- as I may consume. sea grass now than we did in the 1980s, servation. Mr. Speaker, this resolution ex- and we are seeing an increase of an ad- In addition, dedicated volunteers collect and presses support for the goals and ideals ditional 500 acres per year because of provide important water quality data for the of National Estuaries Day, which has this clear, cleaner water. This is the lo- Estuary Program each year. These data are been designated for September 25, 2010. cation of an active port as well, so critical to evaluating the health of the estuary We have no objection to this resolu- business and a clean and healthy envi- and watershed, as well as compiling a plan to tion. ronment can coexist. address problems. I reserve the balance of my time. Nationally, coasts and estuaries con- Estuaries are among the richest habitats Mrs. CHRISTENSEN. Mr. Speaker, I tribute more than $800 billion annually known on earth—providing immeasurable eco- yield such time as she may consume to in trade and commerce to our econ- nomic and ecological benefits. But they are the sponsor of this legislation, Rep- omy. Nearly 75 percent of all commer- threatened by human activities. resentative KATHY CASTOR of Florida. cial fish and shellfish catch contain We all live in a watershed. We must under- Ms. CASTOR of Florida. I would like species that depend on estuary habi- stand that our actions directly affect our na- to thank my colleague, Mrs. tats, making ecosystems vital to com- tion’s waterways. By working together we can CHRISTENSEN, very much for yielding merce. work to lower our impact and protect our valu- the time and also thank my cosponsor, Twenty-eight million U.S. jobs are able water resources. MIKE CASTLE, the Congressman from supported through commercial and rec- I urge all of my colleagues to vote in sup- Delaware, for also being a leader on be- reational fishing, boating, tourism and port of H. Res. 1503—to recognize National half of National Estuaries Day and other coastal industries that rely on Estuaries Day and the community organiza- thanks to the other 36 cosponsors in healthy estuaries. Human activities tions that fight to preserve these invaluable re- the House. are degrading estuaries at a rapid pace sources. Estuaries are deeply connected to our and threaten the health of these eco- Mr. HASTINGS of Washington. I Nation’s economy and vital to a systems unless restoration efforts are have no requests for time, and I yield healthy environment. They are an inte- supported. back the balance of my time. gral part of our coastal ecosystems and National Estuaries Day has the very Mrs. CHRISTENSEN. I yield back the support not only wildlife but also worthy goals of raising awareness and balance of my time.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6832 CONGRESSIONAL RECORD — HOUSE September 22, 2010 The SPEAKER pro tempore. The the Virgin Islands (Mrs. CHRISTENSEN) America in a more precise way than question is on the motion offered by and the gentleman from Washington any other naturalist in this Nation’s the gentlewoman from the Virgin Is- (Mr. HASTINGS) each will control 20 history. lands (Mrs. CHRISTENSEN) that the minutes. Not only was he a tremendous paint- House suspend the rules and agree to The Chair recognizes the gentle- er, he also was a great businessman, the resolution, H. Res. 1503. woman from the Virgin Islands. and in 1816, he brought one of the first The question was taken; and (two- GENERAL LEAVE steam-powered saw-and-grist mills on thirds being in the affirmative) the Mrs. CHRISTENSEN. I ask unani- the banks of the Ohio River to Ken- rules were suspended and the resolu- mous consent that all Members may tucky. tion was agreed to. have 5 legislative days in which to re- To commemorate John James A motion to reconsider was laid on vise and extend their remarks and in- Audubon’s commitment to his commu- the table. clude extraneous material on the reso- nity and wildlife, the Commonwealth f lution under consideration. of Kentucky dedicated the John James CELEBRATING 200TH ANNIVER- The SPEAKER pro tempore. Is there Audubon State Park on October 3, 1934. SARY OF JOHN JAMES AUDUBON objection to the request of the gentle- It is an impressive structure designed IN HENDERSON, KENTUCKY woman from the Virgin Islands? as a replica of a Norman-French inn to honor Audubon’s French heritage. The Mrs. CHRISTENSEN. Mr. Speaker, I There was no objection. Mrs. CHRISTENSEN. Mr. Speaker, I museum structure has a round tower in move to suspend the rules and agree to which there is a lot of nesting birds, I the resolution (H. Res. 1508) celebrating rise in support of House Resolution must say. A cobbled courtyard with a the 200th Anniversary of John James 1508, a resolution introduced by our French garden graces the immediate Audubon in Henderson, Kentucky. colleague, Representative ED WHIT- The Clerk read the title of the resolu- FIELD, to celebrate the 200th anniver- grounds of the museum. It also con- tion. sary of John James Audubon’s arrival tains the world’s largest oils and water The text of the resolution is as fol- in the town of Henderson, Kentucky. colors of birds. And today, the park en- lows: This community on the banks of the joys thousands of visitors who come H. RES. 1508 Ohio River in western Kentucky is sur- and admire the work of John James Audubon. Whereas, John James Audubon arrived in rounded by rolling hills and verdant the river town of Henderson, Kentucky, in woods which were the inspiration for This year their bicentennial celebra- 1810 with his wife and infant son, determined many of the illustrations which are tion has been occurring throughout the to make his fortune; published in ‘‘The Birds of America.’’ year, and it’s going to end on October Whereas, as a businessman in Henderson, This book was Audubon’s seminal con- 23 in Henderson with a huge gala in the he met with some initial success, and in 1816 tribution to wildlife conservation and community celebrating the works of he undertook his most ambitious project to remains a valuable source of informa- John James Audubon. date, building a steam-powered saw-and-grist I would urge the Members of the tion for bird lovers across the United mill in the city on the banks of the Ohio House to support this legislation, and, River; States. once again, I want to thank both sides Whereas, Audubon loved the frontier spirit 1530 in Henderson, and throughout his years b of the aisle for working with us on it. there, he roamed the woods, observing and John James Audubon was a pioneer Mr. HASTINGS of Washington. Mr. painting the many species of birds abundant in the history of wildlife conservation Speaker, I have no further requests for in the area; in the United States, and I’m pleased time, and I yield back the balance of Whereas, Audubon ultimately lived in Hen- to support this resolution which ac- my time. derson, Kentucky, for nine years, longer knowledges and celebrates his many Mrs. CHRISTENSEN. I yield back the than anywhere else in the United States, balance of my time, Mr. Speaker. during which time two of his four children achievements. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The were born; question is on the motion offered by Whereas, he went on to publish his orni- my time. thological works in the masterpiece, ‘‘The Mr. HASTINGS of Washington. Mr. the gentleman from Kentucky (Mr. Birds of America’’; Speaker, I yield myself as much time WHITFIELD) that the House suspend the Whereas, present-day Henderson, Ken- as I may consume. rules and agree to the resolution, H. tucky, boasts the John James Audubon Mr. Speaker, this resolution would Res. 1508. State Park & Museum, where Audubon’s life celebrate the 200th anniversary of John The question was taken; and (two- is interpreted through his art and personal thirds being in the affirmative) the memorabilia, framed within a timeline of James Audubon’s arrival in Henderson, Kentucky. John James Audubon spent rules were suspended and the resolu- world events and paying reverence to its tion was agreed to. namesake through its Nature Center, which nearly a decade living in Henderson, A motion to reconsider was laid on is comprised of three areas: a wildlife Obser- Kentucky, and it is certainly appro- the table. vation Room; the Discovery Center with priate that residents of this commu- hands-on exhibits; and the Learning Center, nity would want to celebrate the ac- f where the park naturalist and art educator conduct environmental and art programs; complishments of one of its most fa- MULTINATIONAL SPECIES CON- Whereas, Henderson’s position on the Mis- mous citizens. SERVATION FUNDS SEMIPOSTAL sissippi Flyway migration route also offers I want to compliment the author of STAMP ACT OF 2010 visitors the chance to take part in many of this resolution, Congressman ED Mrs. CHRISTENSEN. Mr. Speaker, I the same spectacular birdwatching opportu- WHITFIELD, who is a classmate of mine, move to suspend the rules and concur nities that Audubon enjoyed, both at the who worked extremely hard on this park and at the nearby 10,000 acre Sloughs in the Senate amendment to the bill resolution. (H.R. 1454) to provide for the issuance Wildlife Management Area, a National Audu- I urge support of this resolution. bon Society Important Birding Area; and of a Multinational Species Conserva- Whereas, in celebration of the bicentennial Mr. Speaker, I am very pleased to tion Funds Semipostal Stamp. of Audubon’s 1810 arrival in Henderson Coun- yield such time as he may consume to, The Clerk read the title of the bill. ty, the Friends of Audubon, Ohio Valley Art as I mentioned, the author of this reso- The text of the Senate amendment is League, and the Kentucky Department of lution, the gentleman from Kentucky as follows: Fish & Wildlife Resources are planning a full (Mr. WHITFIELD). Senate amendment: slate of events, which can be found at Mr. WHITFIELD. I want to thank Strike out all after the enacting clause and www.audubon2010.com. Members on both sides of the aisle for insert: Resolved, That the House of Represenatives working with us on this resolution. SECTION 1. SHORT TITLE. honors John James Audubon for his life’s This Act may be cited as the ‘‘Multinational contribution to nature and art in Henderson, Mr. Speaker, as it has already been said, John James Audubon came to Species Conservation Funds Semipostal Stamp Kentucky, for 200 years and the continued Act of 2010’’. showcase of his life, nature, and art at the Henderson, Kentucky, in 1810, 200 years SEC. 2. MULTINATIONAL SPECIES CONSERVATION John James Audubon State Park & Museum. ago this year. He was an ornithologist, FUNDS SEMIPOSTAL STAMP. The SPEAKER pro tempore. Pursu- naturalist, and painter. He also painted (a) IN GENERAL.—In order to afford a conven- ant to the rule, the gentlewoman from and catalogued the birds of North ient way for members of the public to contribute

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6833 to funding for the operations supported by the GENERAL LEAVE 1454. These included a reduction in the Multinational Species Conservation Funds, the Mrs. CHRISTENSEN. Mr. Speaker, I duration of time that the semipostal United States Postal Service shall issue a ask unanimous consent that all Mem- stamp will be available to the public semipostal stamp (hereinafter in this Act re- bers may have 5 legislative days in and a stipulation that only one flag- ferred to as the ‘‘Multinational Species Con- ship species may be depicted on the servation Funds Semipostal Stamp’’) in accord- which to revise and extend their re- ance with succeeding provisions of this section. marks and include extraneous material stamps. (b) COST AND USE.— on the bill under consideration. I reviewed these changes and believe (1) IN GENERAL.—The Multinational Species The SPEAKER pro tempore. Is there they do not undermine the funda- Conservation Funds Semipostal Stamp shall be objection to the request of the gentle- mental goal of this measure, which is offered at a cost equal to the cost of mailing a woman from the Virgin Islands? to create an alternative funding source letter weighing 1 ounce or less at the nonauto- There was no objection. for highly endangered African and mation single-piece first-ounce letter rate, in ef- Mrs. CHRISTENSEN. Mr. Speaker, I Asian elephants, rhinoceroses and ti- fect at the time of purchase, plus a differential rise in support of H.R. 1454, the Multi- gers, great apes and marine turtles at of not less than 15 percent. no cost to U.S. taxpayers. (2) VOLUNTARY USE.—The use of any national Species Conservation Funds semipostal issued under this section shall be vol- Semipostal Stamp Act of 2009, that was While it is true that the U.S. Postal untary on the part of postal patrons. introduced by our colleague from Service has had statutory authority to (3) SPECIAL RATE.—The special rate of postage South Carolina, HENRY BROWN. issue semipostal stamps for over a dec- of an individual stamp under this section shall The Multinational Species Conserva- ade, it has been the Congress that has be an amount that is evenly divisible by 5. tion Funds promote wildlife conserva- directed that they be issued for breast (c) OTHER TERMS AND CONDITIONS.—The cancer research, 9/11 responders, and issuance and sale of the Multinational Species tion around the world for keystone spe- cies, including great apes, tigers, and victims of domestic violence. Conservation Funds Semipostal Stamp shall be Under H.R. 1454, the American public elephants. These programs consistently governed by the provisions of section 416 of title would have the opportunity to support 39, United States Code, and regulations issued generate high-quality conservation these six multinational species by pur- under such section, subject to subsection (b) and projects and leverage $3 or $4 from non- the following: chasing these semipostal stamps. They Federal contributors for every Federal would be sold at a premium price, and (1) DISPOSITION OF PROCEEDS.— dollar spent. (A) IN GENERAL.—All amounts becoming avail- after the Postal Service has deducted able from the sale of the Multinational Species Mr. Speaker, revenues generated all of its administrative costs, the re- Conservation Funds Semipostal Stamp (as deter- from the sale of a wildlife semipostal maining proceeds will be transferred to mined under section 416(d) of such title 39) shall stamp, as authorized under this legisla- the U.S. Fish and Wildlife Service. It be transferred to the United States Fish and tion, would fund these important grant will be the Service’s responsibility to Wildlife Service, for the purpose described in programs. I am a cosponsor of H.R. 1454 select those conservation projects that subsection (a), through payments which shall be and supported its original passage by best achieve the goal of protecting the made at least twice a year, with the proceeds to the House nearly a year ago. I urge my remaining populations of these highly be divided equally among the African Elephant colleagues to support the amended Conservation Fund, the Asian Elephant Con- imperiled animals. servation Fund, the Great Ape Conservation version and send it on to the President I am confident that once these Fund, the Marine Turtle Conservation Fund, so it may become law. stamps are available, they will be ex- the Rhinoceros and Tiger Conservation Fund, Mr. Speaker, I reserve the balance of tremely popular with the American and other international wildlife conservation my time. people. I have been assured that they funds authorized by the Congress after the date Mr. HASTINGS of Washington. Mr. will be widely sold at aquariums, post of the enactment of this Act and administered Speaker, I yield myself as much time offices, and zoos throughout this coun- by the Service as part of the Multinational Spe- as I may consume. try. Based on previous experience, we cies Conservation Fund. Mr. Speaker, having Congress au- know that a large number of people (B) PROCEEDS NOT TO BE OFFSET.—In accord- thorize semipostal stamps to raise ance with section 416(d)(4) of such title 39, will buy these semipostals and will amounts becoming available from the sale of the funds to support causes is indeed a rare never use them. As a result, the Postal Multinational Species Conservation Funds event. As the ranking Republican on Service will realize a significant profit Semipostal Stamp (as so determined) shall not be the Insular Affairs, Wildlife and Oceans from their sale. taken into account in any decision relating to Subcommittee, the gentleman from This legislation offers us a unique op- the level of appropriations or other Federal South Carolina, HENRY BROWN, was portunity to establish a new creative funding to be furnished in any year to— tireless in clearing this bill through funding mechanism, for a limited pe- (i) the United States Fish and Wildlife Serv- the Committee on Government Over- riod of time, at no cost to the Amer- ice; or ican taxpayer, to help save some of the (ii) any of the funds identified in subpara- sight and Reform, the Committee on graph (A). Natural Resources, and through the most iconic and endangered species on (2) DURATION.—The Multinational Species Senate. So I want to compliment the this planet. Conservation Funds Semipostal Stamp shall be gentleman from South Carolina for his Finally, I want to thank those Mem- made available to the public for a period of at persistence and leadership in crafting bers who co-sponsored this legislation, least 2 years, beginning no later than 12 months this bipartisan bill. and also Chairman RAHALL and rank- after the date of the enactment of this Act. With that, Mr. Speaker, I yield such ing Republican DOC HASTINGS, Chair- (3) LIMITATION.—The Multinational Species time as he may consume to the author man ED TOWNS, and ranking Repub- Conservation Funds Semipostal Stamp shall not lican DARRELL ISSA, Chairman JOE be subject to, or taken into account for purposes of this resolution, the gentleman from LIEBERMAN and Senators SAM of applying, any limitation under section South Carolina (Mr. BROWN). BROWNBACK and LINDSEY GRAHAM, as 416(e)(1)(C) of such title 39. Mr. BROWN of South Carolina. I ap- (4) RESTRICTION ON USE OF FUNDS.—Amounts preciate the gentleman from the State well as my friend from Columbia, transferred under paragraph (1) shall not be of Washington’s yielding, my good South Carolina, the Honorable JIM CLYBURN, for his assisting in this ef- used to fund or support the Wildlife Without friend DOC HASTINGS; and also Dr. Borders Program or to supplement funds made fort. CHRISTENSEN for her leadership on the available for the Neotropical Migratory Bird I would also like to express my ap- Conservation Fund. other side of the aisle. preciation to the more than 40 con- (d) DEFINITION.—For purposes of this Act, the Mr. Speaker, I rise in strong support servation organizations that have as- term ‘‘semipostal stamp’’ refers to a stamp de- of H.R. 1454, a bill I was pleased to in- sisted in this effort, including the scribed in section 416(a)(1) of title 39, United troduce along with the subcommittee Wildlife Conservation Society, the States Code. chairlady, MADELEINE BORDALLO and World Wildlife Fund, the Humane Soci- The SPEAKER pro tempore. Pursu- 153 other Members of the House of Rep- ety of the United States, the Associa- ant to the rule, the gentlewoman from resentatives. tion of Zoos and Aquariums, Feld En- the Virgin Islands (Mrs. CHRISTENSEN) This legislation was unanimously tertainment, and Safari Club Inter- and the gentleman from Washington adopted by the House of Representa- national. (Mr. HASTINGS) each will control 20 tives on December 7, 2009, and it was minutes. approved by the Senate on July 29 of b 1540 The Chair recognizes the gentle- this year. Prior to its passage, the Sen- These groups worked tirelessly for woman from the Virgin Islands. ate made several modifications to H.R. the passage of this bill. I thank them.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6834 CONGRESSIONAL RECORD — HOUSE September 22, 2010 I urge an ‘‘aye’’ vote on H.R. 1454. (7) STATE.—The term ‘‘State’’ means the State (2) RIGHT OF ACCESS.—A cooperative agree- There is no question it will help stamp of Connecticut. ment entered into under paragraph (1) shall out extinction. SEC. 3. COLTSVILLE NATIONAL HISTORICAL provide that the Secretary, acting through the Mr. HASTINGS of Washington. Mr. PARK. Director of the National Park Service, shall (a) ESTABLISHMENT.— have the right of access at all reasonable times Speaker, I have no further requests for (1) IN GENERAL.—Subject to paragraph (2), to all public portions of the property covered by time, and I yield back the balance of there is established in the State a unit of the the agreement for the purposes of— my time. National Park System to be known as the (A) conducting visitors through the properties; Mrs. CHRISTENSEN. Mr. Speaker, I ‘‘Coltsville National Historical Park’’. and also want to mention our colleague the (2) CONDITIONS FOR ESTABLISHMENT.—The (B) interpreting the properties for the public. gentlewoman from Guam’s strong sup- park shall not be established until the date on (3) CHANGES OR ALTERATIONS.—No changes or port for this bill. Though Ms. which the Secretary determines that— alterations shall be made to any properties cov- (A) the Secretary has acquired by donation ered by a cooperative agreement entered into BORDALLO could not be here today to sufficient land or an interest in land within the under paragraph (1) unless the Secretary and speak in support of H.R. 1454 as she is boundary of the park to constitute a manage- the other party to the agreement agree to the on Guam conducting official business, able unit; changes or alterations. she asked that I relay her thanks to (B) the State, city, or private property owner, (4) CONVERSION, USE, OR DISPOSAL.—Any pay- the gentleman from South Carolina for as appropriate, has entered into a written agree- ment by the Secretary under this subsection his efforts with this legislation, and for ment with the Secretary to donate at least 10,000 shall be subject to an agreement that the con- the bipartisan manner in which he has square feet of space in the East Armory which version, use, or disposal of a project for pur- worked with her and all of our Mem- would include facilities for park administration poses contrary to the purposes of this section, as and visitor services; determined by the Secretary, shall entitle the bers on the Democratic side of the aisle (C) the Secretary has entered into a written United States to reimbursement in an amount as the ranking member of the sub- agreement with the State, city, or other public equal to the greater of— committee. entity, as appropriate, providing that— (A) the amounts made available to the project I too am among the over 150 cospon- (i) land owned by the State, city, or other by the United States; or sors of H.R. 1454, and recognize its public entity within the Coltsville Historic Dis- (B) the portion of the increased value of the value as a longtime member of the trict shall be managed consistent with this sec- project attributable to the amounts made avail- International Conservation Caucus. I tion; and able under this subsection, as determined at the time of the conversion, use, or disposal. continue to urge a ‘‘yes’’ vote. (ii) future uses of land within the historic dis- trict shall be compatible with the designation of (5) MATCHING FUNDS.— Mr. Speaker, I yield back the balance the park and the city’s preservation ordinance; (A) IN GENERAL.—As a condition of the receipt of my time. and of funds under this subsection, the Secretary The SPEAKER pro tempore. The (D) the Secretary has reviewed the financial shall require that any Federal funds made question is on the motion offered by resources of the owners of private and public available under a cooperative agreement shall the gentlewoman from the Virgin Is- property within the boundary of the proposed be matched on a 1-to-1 basis by non-Federal lands (Mrs. CHRISTENSEN) that the park to ensure the viability of the park based on funds. those resources. (B) FORM.—With the approval of the Sec- House suspend the rules and concur in retary, the non-Federal share required under the Senate amendment to the bill, H.R. (b) BOUNDARIES.—The park shall include and provide appropriate interpretation and viewing subparagraph (A) may be in the form of donated 1454. of the following sites, as generally depicted on property, goods, or services from a non-Federal The question was taken; and (two- the map: source, fairly valued. thirds being in the affirmative) the (1) The East Armory. (d) ACQUISITION OF LAND.—Land or interests rules were suspended and the Senate (2) The Church of the Good Shepherd. in land owned by the State or any political sub- amendment was concurred in. (3) The Caldwell/Colt Memorial Parish House. division of the State may be acquired only by A motion to reconsider was laid on (4) Colt Park. donation. (5) The Potsdam Cottages. (e) TECHNICAL ASSISTANCE AND PUBLIC INTER- the table. (6) Armsmear. PRETATION.—The Secretary may provide tech- f (7) The James Colt House. nical assistance and public interpretation of re- COLTSVILLE NATIONAL (c) COLLECTIONS.—The Secretary shall enter lated historic and cultural resources within the into a written agreement with the State of Con- boundary of the historic district. HISTORICAL PARK ACT necticut State Library, Wadsworth Atheneum, SEC. 5. MANAGEMENT PLAN. Mrs. CHRISTENSEN. Mr. Speaker, I and the Colt Trust, or other public entities, as (a) IN GENERAL.—Not later than 3 fiscal years move to suspend the rules and pass the appropriate, to gain appropriate access to Colt- after the date on which funds are made avail- bill (H.R. 5131) to establish Coltsville related artifacts for the purposes of having items able to carry out this Act, the Secretary, in con- National Historical Park in the State routinely on display in the East Armory or sultation with the Commission, shall complete a within the park as determined by the Secretary of Connecticut, and for other purposes, management plan for the park in accordance as a major function of the visitor experience. with— as amended. SEC. 4. ADMINISTRATION. (1) section 12(b) of Public Law 91–383 (com- The Clerk read the title of the bill. (a) IN GENERAL.—The Secretary shall admin- monly known as the National Park Service Gen- The text of the bill is as follows: ister the park in accordance with— eral Authorities Act) (16 U.S.C. 1a–7(b)); and H.R. 5131 (1) this Act; and (2) other applicable laws. Be it enacted by the Senate and House of Rep- (2) the laws generally applicable to units of (b) COST SHARE.—The management plan shall resentatives of the United States of America in the National Park System, including— include provisions that identify costs to be Congress assembled, (A) the National Park Service Organic Act (16 shared by the Federal Government, the State, U.S.C. 1 et seq.); and and the city, and other public or private entities SECTION 1. SHORT TITLE. (B) the Act of August 21, 1935 (16 U.S.C. 461 or individuals for necessary capital improve- This Act may be cited as the ‘‘Coltsville Na- et seq.). ments to, and maintenance and operations of, tional Historical Park Act’’. (b) STATE AND LOCAL JURISDICTION.—Nothing the park. SEC. 2. DEFINITIONS. in this Act enlarges, diminishes, or modifies any (c) SUBMISSION TO CONGRESS.—On completion For the purposes of this Act: authority of the State, or any political subdivi- of the management plan, the Secretary shall (1) CITY.—The term ‘‘city’’ means the city of sion of the State (including the city)— submit the management plan to— Hartford, Connecticut. (1) to exercise civil and criminal jurisdiction; (1) the Committee on Natural Resources of the (2) COMMISSION.—The term ‘‘Commission’’ or House of Representatives; and means the Coltsville National Historical Park (2) to carry out State laws (including regula- (2) the Committee on Energy and Natural Re- Advisory Commission established by subsection tions) and rules on non-Federal land located sources of the Senate. 6(a). within the boundary of the park. SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK (3) HISTORIC DISTRICT.—The term ‘‘Historic (c) COOPERATIVE AGREEMENTS.— ADVISORY COMMISSION. District’’ means the Coltsville Historic District. (1) IN GENERAL.—As the Secretary determines (a) ESTABLISHMENT.—There is established a (4) MAP.—The term ‘‘map’’ means the map ti- to be appropriate to carry out this Act, the Sec- Commission to be known as the Coltsville Na- tled ‘‘Coltsville National Historical Park—Pro- retary may enter into cooperative agreements tional Historical Park Advisory Commission. posed Boundary’’, numbered T25/102087, and with the owner of any property within the (b) DUTY.—The Commission shall advise the dated May 11, 2010. Coltsville Historic District or any nationally sig- Secretary in the development and implementa- (5) PARK.—The term ‘‘park’’ means the nificant properties within the boundary of the tion of the management plan. Coltsville National Historical Park in the State park, under which the Secretary may identify, (c) MEMBERSHIP.— of Connecticut. interpret, restore, rehabilitate, and provide tech- (1) COMPOSITION.—The Commission shall be (6) SECRETARY.—The term ‘‘Secretary’’ means nical assistance for the preservation of the prop- composed of 11 members, to be appointed by the the Secretary of the Interior. erties. Secretary, of whom—

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6835 (A) 2 members shall be appointed after consid- (j) TERMINATION.— tion, but the National Park Service eration of recommendations submitted by the (1) IN GENERAL.—Unless extended under para- conducted a study on this proposal and Governor of the State; graph (2), the Commission shall terminate on found that although the Coltsville site the date that is 10 years after the date of the en- (B) 1 member shall be appointed after consid- is ‘‘nationally significant,’’ there are eration of recommendations submitted by the actment of this Act. State Senate President; (2) EXTENSION.—Eight years after the date of so many unresolved issues that they (C) 1 member shall be appointed after consid- the enactment of this Act, the Commission shall were unable to conclude that the park eration of recommendations submitted by the make a recommendation to the Secretary if a proposal is feasible. In fact, they were Speaker of the State House of Representatives; body of its nature is still necessary to advise on unable to determine which parts of the (D) 2 members shall be appointed after consid- the development of the park. If, based on a rec- site they would own or even manage. eration of recommendations submitted by the ommendation under this paragraph, the Sec- Further complicating this proposal, Mayor of Hartford, Connecticut; retary determines that the Commission is still the Park Service found—or rather I necessary, the Secretary may extend the life of (E) 2 members shall be appointed after consid- should say didn’t find—that the public eration of recommendations submitted by Con- the Commission for not more than 10 years. necticut’s 2 United States Senators; SEC. 7. AUTHORIZATION OF APPROPRIATION. would have basic access to the site be- (F) 1 member shall be appointed after consid- There is authorized to be appropriated cause it is under private ownership, eration of recommendations submitted by Con- $10,000,000 for the development of the park. among a variety of parties, including 55 necticut’s First Congressional District Rep- The SPEAKER pro tempore. Pursu- condominiums and nine cottages. resentative; ant to the rule, the gentlewoman from It probably goes without saying that (G) 2 members shall have experience with na- the Virgin Islands (Mrs. CHRISTENSEN) visitors to this park would want to see tional parks and historic preservation; the factory where the famous revolvers (H) all appointments must have significant ex- and the gentleman from Washington perience with and knowledge of the Coltsville (Mr. HASTINGS) each will control 20 and other firearms were produced. Historic District; and minutes. Upon their arrival, they will probably (I) 1 member of the Commission must live in The Chair recognizes the gentle- be very disappointed because, quoting the Sheldon/Charter Oak neighborhood within woman from the Virgin Islands. the Park Service, ‘‘no commitments to the Coltsville Historic District. GENERAL LEAVE permit visitors internal access to the (2) INITIAL APPOINTMENTS.—The Secretary Mrs. CHRISTENSEN. Mr. Speaker, I Colt Fire Arms factory building cur- shall appoint the initial members of the Commis- ask unanimous consent that all Mem- rently exist.’’ sion not later than the earlier of— How about a stop at the historic (A) the date that is 30 days after the date on bers may have 5 legislative days in which the Secretary has received all of the rec- which to revise and extend their re- home of Samuel Colt? It is now a pri- ommendations for appointments under para- marks and include extraneous material vate, multiunit residential complex graph (1); or on the bill under consideration. whose owners have determined that (B) the date that is 30 days after the park is The SPEAKER pro tempore. Is there visitors touring through their homes established. objection to the request of the gentle- would be, as the Park Service report (d) TERM; VACANCIES.— woman from the Virgin Islands? states, ‘‘problematic.’’ (1) TERM.— There was no objection. Regardless of the will of these prop- (A) IN GENERAL.—A member shall be ap- erty owners, this legislation would cre- pointed for a term of 3 years. Mrs. CHRISTENSEN. Mr. Speaker, (B) REAPPOINTMENT.—A member may be re- H.R. 5131 was introduced by the gen- ate Federal boundaries around their appointed for not more than 1 additional term. tleman from Connecticut (Mr. LARSON) property and raise serious questions (2) VACANCIES.—A vacancy on the Commission in April 2010. This bill would establish about whether their property rights shall be filled in the same manner as the origi- Coltsville National Historic Park on are being violated. We talked about nal appointment was made. the former site of the Colt Fire Arms that a few times earlier today. This is (e) MEETINGS.—The Commission shall meet at Company in Hartford, Connecticut. yet another reason why this bill in my the call of— view is not ready to move today. (1) the Chairperson; or H.R. 5131 would create the park as (2) a majority of the members of the Commis- part of a collaborative partnership be- In addition to the Park Service re- sion. tween willing public and private land- port, the agency testified in June on (f) QUORUM.—A majority of the Commission owners in the Coltsville historic dis- this legislation, and to quote from that shall constitute a quorum. trict. It would also help revitalize one testimony: ‘‘The department does not (g) CHAIRPERSON AND VICE CHAIRPERSON.— of Hartford’s most economically chal- support enactment of this legislation (1) IN GENERAL.—The Commission shall select lenged neighborhoods with new invest- due to the uncertainty associated with a Chairperson and Vice Chairperson from ments. the ownership and long-term financial among the members of the Commission. sustainability of the Coltsville develop- (2) VICE CHAIRPERSON.—The Vice Chairperson A study conducted by the National shall serve as Chairperson in the absence of the Park Service found Coltsville to be of ment project.’’ Chairperson. national significance but identified They continue, ‘‘In concert with the (3) TERM.—A member may serve as Chair- several technical challenges. Congress- lack of feasibility, the study was also person or Vice Chairperson for not more than 1 man LARSON has worked with the com- unable to determine the need for the year in each office. mittee and the National Park Service National Park Service management, or (h) COMMISSION PERSONNEL MATTERS.— to include provisions in the bill ad- specifically which resources the Na- (1) COMPENSATION OF MEMBERS.— dressing all of the agency’s concerns. tional Park Service would manage.’’ (A) IN GENERAL.—Members of the Commission As a very basic matter of priorities, I shall serve without compensation. Mr. LARSON is to be commended for his (B) TRAVEL EXPENSES.—Members of the Com- hard work on this legislation. This bill would remind my colleagues that the mission shall be allowed travel expenses, includ- is good for the people of Connecticut, National Park Service already has a $9 ing per diem in lieu of subsistence, at rates au- and it is good for our National Park billion maintenance backlog. Author- thorized for an employee of an agency under System. I support H.R. 5131. izing $10 million more for a new park subchapter I of chapter 57 of title 5, United I reserve the balance of my time. that the Park Service doesn’t believe is States Code, while away from the home or reg- Mr. HASTINGS of Washington. Mr. feasible to me makes no sense. ular place of business of the member in the per- Speaker, I yield myself such time as I The American public is pleading for formance of the duty of the Commission. this Congress to stop out-of-control (2) STAFF.— may consume. (A) IN GENERAL.—The Secretary shall provide Mr. Speaker, H.R. 5131 proposes to spending. While the concept and the in- the Commission with any staff members and create a new unit of the National Park tent behind this proposal may have technical assistance that the Secretary, after System honoring the Colt family and merit, and I think it does have merit, consultation with the Commission, determines to their contribution to our Nation we need to also acknowledge that the be appropriate to enable the Commission to through the innovation of precision taxpayers will be on the hook for mil- carry out the duty of the Commission. manufacturing. Unfortunately, Mr. lions of dollars in rehabilitation costs (B) DETAIL OF EMPLOYEES.—The Secretary Speaker, there has been so little preci- just to prepare this site for visitors, if may accept the services of personnel detailed the visitors could get in, plus addi- from the State or any political subdivision of the sion, apparently, in developing this leg- State. islation, that even the National Park tional millions to manage the site from (i) FACA NONAPPLICABILITY.—Section 14(b) of Service has opposed the bill. now to eternity. the Federal Advisory Committee Act (5 U.S.C. I know the sponsor of this bill has Mr. Speaker, I remind my colleagues App.) shall not apply to the Commission. worked extremely hard on this legisla- that at the request of this Congress,

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6836 CONGRESSIONAL RECORD — HOUSE September 22, 2010 the National Park Service conducted a We were on the phone with the Na- bipartisanly with the Governor of the study on this proposal and found sub- tional Park Service. They have no ob- State of Connecticut. I think it under- stantial obstacles to it becoming a suc- jection to this because this meets all of scores how important this is to our cessful park. They reiterated that in those criteria and those concerns. great State of Connecticut. testimony in June in front of the Nat- What are they? With that, Mr. Speaker, I would urge ural Resources Committee. While this First and foremost, the gentleman is its passage. proposal may have its day, and I think correct, any time you are in an urban I understand the concerns that you it should have its day because of the area, you are going to enter into dif- have raised, but the Park Service has historical significance of the Colt fac- ferent property rights concerns than absolute veto power over that, and I tory, in my view we are not there yet. you would in an area which is less con- think we in good faith have met every So I urge my colleagues to oppose this gested, shall I say. The point is this: single one of those concerns. It is my legislation. Between all of the participants, in- hope that any disagreement or lack of I reserve the balance of my time. cluding the Governor of the State, our understanding that has transpired can Mrs. CHRISTENSEN. Mr. Speaker, I economic development commission, be overcome. Yet the urgency of this am pleased to yield such time as he the city of Hartford, their economic de- passage, of its importance and signifi- may consume to the chair of our cau- velopment commission, and the more cance, I’d say to my good colleague and cus, the Honorable JOHN LARSON from than 88 property owners, everything friend, is truly important to the people Connecticut. was individually worked out. All are of the State of Connecticut. Mr. LARSON of Connecticut. I thank welcoming this with great pride and Mr. HASTINGS of Washington. Will the gentlelady from the Virgin Islands, with the understanding of what this the gentleman yield? and I thank my colleague from Wash- will mean to their city and with the Mr. LARSON of Connecticut. I yield ington. I can’t wait to invite him up to understanding of what Coltsville and to the gentleman. Coltsville so he will see the accessi- Elizabeth and Sam Colt mean to the Mr. HASTINGS of Washington. We bility and be exposed to what is part of State of Connecticut. This is, perhaps, may as well have a discussion here. If this Nation’s industrial revolution and not important to everybody here; but you need time, I will yield the time. part of our DNA when it comes to man- in a small State and in a small city First of all, I can see the passion that ufacturing. that is economically depressed, it is the gentleman has on this issue. Com- The gentleman points out clearly enormously important. ing from the West, where that manu- that the National Park Service has es- The gentleman raises the point that facturing facility won the West, I can tablished its national significance. Its there were feasibility questions raised. understand that and respect that, but I national significance, I think, is worth There were. The developer has been re- do want to point out that there is a going into in as much as I don’t think placed with a major and significant de- process here. all of our colleagues here are aware of veloper who has the feasibility and ca- We had a hearing on this in June. the great effort of Samuel Colt and ac- pability. A cap has been placed on any The Park Service expressed their con- tually his wife Elizabeth who managed potential liability and cost for the Na- cerns here in testimony. I quoted part the company for 39 years after his tional Park Service, which is another of those concerns. They expressed their death. And even though she couldn’t important hurdle, I dare say, which is concerns, and we expressed some con- vote, managed one of the Nation’s top not in most pieces of legislation. It is cerns that we may have had because companies that would have been then a also with the understanding that the the private property aspect to it was Fortune Five company in this Nation. Park Service has veto power over this part of the dialogue. We marked the Indeed, its spawned the industrial revo- legislation, even though all of the hur- bill up in July, once again, expressing lution here. And as a lot of people dles have been addressed, should it our concerns. know from the Colt signature iconic prove not to be economically feasible. I am one who respects when Members name, it was the gun that won the So I would plead with my colleague. want to put something in their dis- West. And I hope it wins your hearts I know, perhaps, in terms of the norm tricts. Listen, they know their dis- today because along with recognizing of national parks in an urban setting tricts better than anybody else, and its national historic significance and that in a congested and densely popu- they should be given a lot of leeway; its suitability within the park system, lated area like Connecticut, it’s not but there is a responsibility, if we are it was modeled after what are difficult going to meet a lot of those criteria. going to have national input, to know things for urban areas. There are going to be property con- what the facts are so that we can re- cerns. Though, you can go bipartisanly spond accordingly, as it is not just the b 1550 within your State, work with all the citizen taxpayers of Connecticut who Unlike a lot of people out West who development authorities, go within the are funding this; it is the taxpayers of have spacious land, we are limited. neighborhoods, work with everybody in the 50 States, so we need to have some This would be Connecticut’s only na- the neighborhood, and then can look at answers. tional park because of its historic sig- this historic significance. Henry Ford Now, this bill was put on the suspen- nificance and also because of its eco- went there to make sure he studied the sion calendar last night. I have nomic significance. Hartford is the assembly line. Pratt & Whitney were checked with my staff. We have yet to fourth poorest city in the Nation. Yes, both apprentices there. It spawned the hear from the Park Service as to if it there were obstacles that were put out typewriter, the bicycle. The auto- has changed its mind or not. You al- in front over the last several years and mobile we can even take credit for, luded to that fact, but we haven’t got- then specifically in testimony. So, though we are here to talk about the ten anything at all. along with the committee, we sat down significance and the importance of this The gentleman knows that the ap- and worked through those issues. historic landmark. proval rating of this Congress is very, The issues centered mainly around The urgency is that this structure, very low, and it is precisely for these the third criterion, knowing it was na- the 10,000 square feet that actually the reasons. Even though we don’t have the tionally significant, that it was suit- Park Service would be in charge of, is answers, albeit on a project that is able within the scheme of things, and in desperate need, in urgent need. It small in terms of the overall scope of that it followed the precedent estab- should have been passed years ago. the Federal Government, it deserves to lished in Lowell, established in Rosie This is a tough process. We have have answers, especially when we have the Riveter in California, and then worked—and I really implore my col- been working on this. You said that also, most recently, established in 2010 leagues, and many of you know this you’ve been working on it, I think, if with Patterson Falls. It follows all of from having gone through this lo- not publicly, then in private conversa- those criteria, but it goes beyond that cally—to have every local entity, down tions for at least 10 years. These con- for exactly the points that the gen- to the basic property holder, sign off on cerns that we have raised go back to tleman raises. This is why I think it is this enthusiastically, to experience all this summer. They should at least be so important and why I encourage the of the different hurdles that we have raised or answered, and they have not dialogue. had to overcome and to go forward been adequately answered.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6837 So, in the waning days of this ses- fortunate and unfair. I know you don’t ‘‘(II) knows or should know (as defined in sion, I will tell the gentleman that I doubt my word, and I certainly don’t section 1128A(i)(7)) (or knew or should have am more than willing to work with doubt yours. I can only ask and im- known) of such conduct. him, if this does not pass the Congress plore that you support this, what I ‘‘(ii) Any individual who is an officer or managing employee (as defined in section this year, to get these things resolved think is a very important and nation- 1126(b)) of a sanctioned entity or affiliated so that, indeed, we can memorialize ally significant bill. entity of such sanctioned entity (or was such that factory. Yet, with the information Mr. HASTINGS of Washington. Mr. an officer or managing employee at the time I have right now, I respectfully say to Speaker, I have made my points on of any of the conduct that formed a basis for my friend that we have focused on the this. I appreciate the gentleman’s the conviction or exclusion described in sub- Park Service, but there is a cost asso- input, but I stand by my opening re- paragraph (B)). ciated with this, which I alluded to in marks on this just because we haven’t ‘‘(iii) Any affiliated entity of a sanctioned my opening remarks, and there is a pri- got the information. So I urge my col- entity. vate property aspect. Those are all im- ‘‘(B) For purposes of this paragraph, the leagues to vote ‘‘no’’ on this. term ‘sanctioned entity’ means an entity— portant issues. Mr. Speaker, I yield back the balance ‘‘(i) that has been convicted of any offense With that, I thank the gentleman for of my time. described in subsection (a) or in paragraph yielding, but I have to say that I op- Mrs. CHRISTENSEN. Mr. Speaker, I (1), (2), or (3) of this subsection; or pose this, and I am going to urge my urge my colleagues on both sides of the ‘‘(ii) that has been excluded from partici- colleagues to vote ‘‘no,’’ though I cer- aisle to support this important legisla- pation under a program under title XVIII or tainly want to revisit this sometime in tion. under a State health care program. the future so we can get this legisla- I yield back the balance of my time. ‘‘(C)(i) For purposes of this paragraph, the term ‘affiliated entity’ means, with respect tion passed. The SPEAKER pro tempore (Mr. Mr. LARSON of Connecticut. I thank to a sanctioned entity— LANGEVIN). The question is on the mo- ‘‘(I) an entity affiliated with such sanc- the gentleman for his comments. tion offered by the gentlewoman from tioned entity; and The future for the city of Hartford the Virgin Islands (Mrs. CHRISTENSEN) ‘‘(II) an entity that was so affiliated at the and for Coltsville is now, and the sense that the House suspend the rules and time of any of the conduct that formed the of urgency is upon us. My good friend pass the bill, H.R. 5131, as amended. basis for the conviction or exclusion de- and colleague from Washington State The question was taken. scribed in subparagraph (B). is an honest broker and an independent The SPEAKER pro tempore. In the ‘‘(ii) For purposes of clause (i), an entity person. shall be treated as affiliated with another opinion of the Chair, two-thirds being entity if— I appreciate your comments and ev- in the affirmative, the ayes have it. erything that you attributed to my en- ‘‘(I) one of the entities is a person with an Mr. HASTINGS of Washington. Mr. ownership or control interest (as defined in thusiasm and zeal. Let me say that Speaker, on that I demand the yeas section 1124(a)(3)) in the other entity (or had that extends to the people of the State and nays. such an interest at the time of any of the of Connecticut, as I indicated in a non- The yeas and nays were ordered. conduct that formed a basis for the convic- partisan way, who are very much com- The SPEAKER pro tempore. Pursu- tion or exclusion described in subparagraph mitted to this. ant to clause 8 of rule XX and the (B)); The gentleman is correct that at the ‘‘(II) there is a person with an ownership or Chair’s prior announcement, further hearing, which I believe was in June, control interest (as defined in section proceedings on this motion will be these issues were raised. We then sat 1124(a)(3)) in both entities (or had such an in- postponed. down with the Park Service, and we ad- terest at the time of any of the conduct that dressed every one of their concerns. f formed a basis for the conviction or exclu- sion described in subparagraph (B)); or Representative GRIJALVA then intro- STRENGTHENING MEDICARE ANTI- ‘‘(III) there is a person who is an officer or duced an amendment that we felt ad- FRAUD MEASURES ACT OF 2010 managing employee (as defined in section dressed those concerns as well. Mr. PALLONE. Mr. Speaker, I move 1126(b)) of both entities (or was such an offi- b 1600 to suspend the rules and pass the bill cer or managing employee at the time of any (H.R. 6130) to amend title XI of the So- of the conduct that formed a basis for the In the push-and-shove of business conviction or exclusion described in subpara- here in Congress and on the floor, I un- cial Security Act to expand the permis- graph (B)).’’. derstand sometimes in the process— sive exclusion from participation in SEC. 3. BUDGETARY EFFECTS OF PAYGO LEGIS- and certainly the gentleman is correct Federal health care programs to indi- LATION. in making process points. I just would viduals and entities affiliated with The budgetary effects of this Act, for the say that this goes beyond process in sanctioned entities, as amended. purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be deter- terms of what it means. The Clerk read the title of the bill. The text of the bill is as follows: mined by reference to the latest statement We are a small State, Connecticut, titled ‘‘Budgetary Effects of PAYGO Legisla- H.R. 6130 but a very proud State. This is a tion’’ for this Act, submitted for printing in project—certainly, everybody recog- Be it enacted by the Senate and House of Rep- the Congressional Record by the Chairman of nizes—that has national significance resentatives of the United States of America in the House Budget Committee, provided that and historic value and deserves to be Congress assembled, such statement has been submitted prior to preserved. The problem is that post- SECTION 1. SHORT TITLE. the vote on passage. poning it yet again doesn’t work. This Act may be cited as the ‘‘Strength- The SPEAKER pro tempore. Pursu- And so I understand your position, ening Medicare Anti-Fraud Measures Act of 2010’’. ant to the rule, the gentleman from but I would implore people on the other New Jersey (Mr. PALLONE) and the gen- SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL side of the aisle. If you were in a simi- HEALTH CARE PROGRAMS EX- tleman from Kentucky (Mr. WHITFIELD) lar situation—and understanding all PANDED TO INDIVIDUALS AND ENTI- each will control 20 minutes. the fiscal responsibility that we have TIES AFFILIATED WITH SANCTIONED The Chair recognizes the gentleman as a Congress, and to say that you have ENTITIES. from New Jersey. Section 1128(b)(15) of the Social Security ultimate veto power that you give to Act (42 U.S.C. 1320a–7(b)(15)) is amended to GENERAL LEAVE the National Park Service that the read as follows: Mr. PALLONE. Mr. Speaker, I ask project cannot go forward unless every- ‘‘(15) INDIVIDUALS OR ENTITIES AFFILIATED unanimous consent that all Members thing has been met—and the State, its WITH A SANCTIONED ENTITY.—(A) Any of the may have 5 legislative days in which to economic development authority, the following: revise and extend their remarks and in- City of Hartford, its municipality au- ‘‘(i) Any individual who— clude extraneous material in the ‘‘(I) is a person with an ownership or con- thority, all the property owners all em- RECORD. brace this and have done so enthu- trol interest (as defined in section 1124(a)(3)) The SPEAKER pro tempore. Is there in a sanctioned entity or an affiliated entity siastically. And the National Park of such sanctioned entity (or was a person objection to the request of the gen- Service has signed off on it, they told with such an interest at the time of any of tleman from New Jersey? me. the conduct that formed a basis for the con- There was no objection. I respect what the gentleman said, viction or exclusion described in subpara- Mr. PALLONE. Mr. Speaker, I yield you haven’t received that. That’s un- graph (B)); and myself such time as I may consume.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6838 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Mr. Speaker, I rise today in strong victed of Medicare fraud, that execu- myself, and we worked together with support of H.R. 6130. The legislation ex- tive cannot be barred from partici- the Office of the Inspector General and pands the authority of the Health and pating in Federal health programs. the Centers for Medicare and Medicaid Human Services Office of Inspector Under current law, an executive intent and expanded the authority to ban ex- General to allow it to ban corporate ex- on defrauding Medicare could simply ecutives from companies who have ecutives from doing business with move from one company to another been convicted of fraud from the pro- Medicare if their companies were con- and continue to inequitably use Amer- gram. victed of fraud. It also gives the inspec- ican taxpayers’ money. As you have heard, many of those ex- tor general the ability to exclude par- Second, this law will prevent compa- ecutives can come back and repeatedly ent companies that may be committing nies from hiding behind corporate take money from the Medicare or Med- fraud through shell companies. shells. Some companies use shell com- icaid program to which they’re not en- This important bill will close two panies to protect the parent company titled, and this would put an end to loopholes in current law so that crimi- from any liability. If the company is that. It expands the permissive author- nal offenders who defraud our Nation’s caught participating in fraud, the shell ity to exclude affiliates, and it sees seniors will have to pay for their could be dissolved, leaving the parent that the funds thereby go to the serv- crimes. Mr. Speaker, for every dollar company fully intact. Under this bill, ices that beneficiaries need. The bill put into the pockets of criminals, a the Office of Inspector General can ex- has been endorsed by AARP, which dollar is taken out of the system to clude parent companies when such pun- states that the bill would expand the provide much-needed care to millions ishment is merited. authority of the United States Health of Medicare patients, including two of I am glad that we are continuing to and Human Services to accomplish just our Nation’s most vulnerable popu- find ways to combat fraud in Medicare that. lations—seniors and the disabled. because we know that health care costs I want to thank my ranking member, This morning, my subcommittee held are out of control. And I might say, I Mr. HERGER, and Mr. LEWIS, for cooper- a hearing on Medicare fraud in which am sure every Member had the same ating on this. I think we have unani- we talked about the many important experiences that I did when we were mous agreement that it’s a bill that’s provisions of the new health care law home over this recent 3-week work pe- necessary, a bill that will reduce fraud that will assist CMS, the OIG, and the riod in which people were coming up and abuse, and a bill that will aid the Justice Department in identifying abu- asking all sorts of questions about the Medicare and Medicaid programs. sive suppliers and fraudulent billing health care reform bill, and we really I reserve the balance of my time. practices. In that hearing, we heard do not know the answers to it because Mr. HERGER. Mr. Speaker, I yield from the inspector general about how HHS is basically going to be writing myself such time as I may consume. this bill will help fight fraud by closing these regulations. And we are not Mr. Speaker, there is broad agree- two remaining gaps. going to fully know the outcome of ment that more needs to be done to The first gap allows an executive who this legislation for many years to combat waste, fraud, and abuse in has left the company being charged come, which I think merits, once Medicare. In fact, fraud is such an issue with fraud by the time of conviction to again, the importance of starting to in Medicare, that the chief counsel to continue to participate in Federal have oversight hearings to have some the HHS Inspector General, Lewis Mor- health programs. This shortfall will- questions answered that the American ris, who testified before the Ways and ingly permits these criminals to move people are asking for. Means Health Subcommittee this sum- from one company to another and con- mer, said, ‘‘A lot of career criminals b 1610 tinue to steal from Medicare seniors and organized criminals have decided and taxpayers. H.R. 6130 would give the I would ask unanimous consent at that building a Medicare fraud scam is OIG the authority to ban these execu- this time to yield the balance of my far safer than dealing in crack or deal- tives from doing business with Medi- time to the gentleman from California ing in stolen cars, and it’s far more lu- care. (Mr. HERGER). crative. Right now, it’s a good bet that The second gap allows companies The SPEAKER pro tempore. Is there you can take millions from us, and that engage in fraud who have set up objection to the request of the gen- chances are you’re not going to get shell companies to insulate themselves tleman from Kentucky? caught.’’ from liability and get off scot-free. There was no objection. Mr. Speaker, it’s clear more must be Once these shell organizations dissolve, Mr. HERGER. I reserve the balance done to ensure that taxpayer dollars there is no real penalty to the parent of my time. and seniors’ premiums are being used company. So H.R. 6130 would give the Mr. PALLONE. Mr. Speaker, I ask wisely and efficiently. That is why OIG the authority to ban these parent unanimous consent that the gentleman Chairman STARK and I authored the companies from doing business with from California (Mr. STARK), the legislation before us today, H.R. 6130, Medicare. Health Subcommittee chair on the the Strengthening Medicare Anti- Mr. Speaker, all forms of fraud un- Ways and Means Committee, control Fraud Measures Act. dermine the integrity of our public the remainder of the time on the ma- When Mr. Morris testified at our sub- health system, and I applaud my col- jority side. committee, he identified ways in which leagues from the Ways and Means Com- The SPEAKER pro tempore. Is there the current law could be improved. mittee—particularly Mr. STARK—for objection to the request of the gen- This legislation seeks to address those working on this important legislation. tleman from New Jersey? areas. I urge my colleagues to support this There was no objection. The bill makes two improvements to bill. Mr. STARK. Mr. Speaker, I yield my- current law. First, it provides author- Mr. Speaker, I reserve the balance of self such time as I may consume and ity to exclude from Federal health pro- my time. rise in support of H.R. 6130, which grams executives whose companies Mr. WHITFIELD. Mr. Speaker, I rise strengthens the Medicare Anti-Fraud have been convicted of fraud. The HHS today to support H.R. 6130, a common- Measures Act, as you have heard de- Office of Inspector General would be al- sense solution to combating fraud in scribed here. lowed to exclude executives who were Medicare. This legislation will provide This bipartisan fraud and abuse- in positions of authority at the time the Health and Human Services Office fighting legislation was co-authored by the fraud was committed but subse- of the Inspector General with tools to our ranking member, Mr. HERGER, and quently left those positions. properly combat Medicare fraud. was cosponsored on our side of the aisle Because the current statute is writ- First, it will close an important loop- by Mr. LEWIS, who chairs the Oversight ten in the present tense, it only pun- hole in current law and give the Office Subcommittee on Ways and Means. ishes officers, managing employees, of the Inspector General additional au- It was developed in a way that I and owners at the exact time OIG lev- thority to fight fraud. Under current think Congress should do more legisla- els punishment. Therefore, the indi- law, for example, if an executive leaves tion. It was a problem that was called vidual who was the CEO of a company a company before the company is con- to the attention of Mr. HERGER and that engaged in criminal fraud can

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6839 evade Medicare penalties if he or she CEOs who defraud Medicare should SEC. 2. ASSISTING VETERANS WITH MILITARY resigns before the company is con- not be able to simply move to a dif- EMERGENCY MEDICAL TRAINING TO BECOME STATE-LICENSED OR CER- victed. The ex-CEO is then free to take ferent company and continue to bill TIFIED EMERGENCY MEDICAL TECH- on jobs with other health care entities Medicare. Their companies should not NICIANS (EMTS). and commit fraud all over again. be able to hide behind corporate shells (a) IN GENERAL.—Part B of title III of the Under H.R. 6130, OIG could exclude that rob Medicare. This legislation will Public Health Service Act (42 U.S.C. 243 et seq.) the individuals who are responsible strengthen the anti-fraud laws and stop is amended by inserting after section 314 the fol- lowing: corporate officials at the time fraud these bad practices. was being committed, regardless of ‘‘SEC. 315. ASSISTING VETERANS WITH MILITARY b 1620 EMERGENCY MEDICAL TRAINING TO where they are employed later. BECOME STATE-LICENSED OR CER- The second change this bill makes I want to thank Mr. HERGER and TIFIED EMERGENCY MEDICAL TECH- prevents companies that are convicted again the chairman of our Sub- NICIANS (EMTS). of fraud from hiding behind corporate committee on Health, Chairman ‘‘(a) PROGRAM.—The Secretary shall establish a program consisting of awarding grants to shells and evading punishment. The STARK, for working side by side with the Oversight Subcommittee to end States to assist veterans who received and com- bill does this by strengthening OIG’s pleted military emergency medical training ability to impose penalties on corpora- these abuses. while serving in the Armed Forces of the United tions affiliated with convicted entities, I ask all my colleagues on both sides States to become, upon their discharge or release or to use ‘‘permissive exclusion’’ au- of the aisle to support this necessary from active duty service, State-licensed or cer- thority to exclude them from program bipartisan bill. tified emergency medical technicians. participation. Mr. HERGER. In closing, I urge all ‘‘(b) USE OF FUNDS.—Amounts received as a Currently, corporations that engage Members to vote ‘‘yes’’ on H.R. 6130, grant under this section may be used to assist and I yield back the balance of my veterans described in subsection (a) to become in health care fraud can resolve the State-licensed or certified emergency medical criminal case through a guilty plea of time. Mr. STARK. Mr. Speaker, I yield my- technicians as follows: a non-operating subsidiary. OIG’s only ‘‘(1) Providing to such veterans required remedy in such a case doesn’t allow for self the balance of my time. course work and training that take into ac- any meaningful punishment against I want to thank my distinguished count, and are not duplicative of, medical the company that’s actually behind the ranking member for his support and course work and training received when such Medicare fraud. work in bringing this bill to the floor, veterans were active members of the Armed This legislation gives OIG the au- and thank the staff who have worked Forces of the United States, to enable such vet- on this bill; John Barket, who was a erans to satisfy emergency medical services per- thority to exclude corporate parents or sonnel certification requirements in the civilian other affiliates from the Medicare pro- fellow in our subcommittee, got it started. He has now moved to Health sector, as determined by the appropriate State gram so that OIG will be better posi- regulatory entity. tioned to require significant changes at and Human Services, but I wanted to ‘‘(2) Providing reimbursement for costs associ- these companies beyond the remedies recognize his leadership. I would like ated with— that are generally required in civil to thank Erik Rasmussen and Dan ‘‘(A) such course work and training; or Elling on Mr. HERGER’s staff for their ‘‘(B) applying for licensure or certification. cases. This would provide a significant ‘‘(3) Expediting the licensing or certification incentive to corporate parents to pro- work and help in this area. And as al- ways, Debbie Curtis and Hannah process. mote compliance and police the activi- ‘‘(4) Entering into an agreement with any in- ties within their corporate families. Neprash on my subcommittee as well stitution of higher education, or other edu- With these additional tools, OIG will for their good work. And again to cational institution certified to provide course be better able to stop those individuals thank Mr. HERGER for joining with us work and training to emergency medical per- who commit fraud but who have been to see that we bring an end to these sonnel, for purposes of providing course work able to stay one step ahead of law en- bad practices. and training under this section if such institu- tion has developed a suitable curriculum that forcement, saving taxpayer dollars and I yield back the balance of my time. The SPEAKER pro tempore. The meets the requirements of paragraph (1). protecting seniors. question is on the motion offered by ‘‘(c) ELIGIBILITY.—To be eligible for a grant Medicare fraud is a crime that hurts under this section, a State shall demonstrate to the gentleman from New Jersey (Mr. senior citizens, law-abiding health care the Secretary’s satisfaction that the State has a providers, and every American who PALLONE) that the House suspend the shortage of emergency medical technicians. pays taxes. rules and pass the bill, H.R. 6130, as ‘‘(d) REPORT.—The Secretary shall submit to amended. the Congress an annual report on the program I thank Chairman STARK for working The question was taken; and (two- under this section. with me on this legislation and urge thirds being in the affirmative) the ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To the support of my colleagues. carry out this section, there are authorized to be I reserve the balance of my time. rules were suspended and the bill, as amended, was passed. appropriated $5,000,000 for each of fiscal years Mr. STARK. Mr. Speaker, at this 2011 through 2015.’’. A motion to reconsider was laid on time I would like to yield 2 minutes to (b) GAO STUDY AND REPORT.—The Comp- the gentleman from Georgia (Mr. the table. troller General of the United States shall— (1) conduct a study on the barriers experi- LEWIS), the distinguished chair of our f enced by veterans who received training as med- Oversight Subcommittee on Ways and EMERGENCY MEDIC TRANSITION ical personnel while serving in the Armed Forces Means, who, like Mr. HERGER, recog- ACT OF 2010 of the United States and, upon their discharge nizes the seriousness of this problem Mr. PALLONE. Mr. Speaker, I move or release from active duty service, seek to be- and was helpful in our hearings in call- to suspend the rules and pass the bill come licensed or certified in a State as civilian ing attention to many of the problems. health professionals; and (H.R. 3199) to amend the Public Health (2) not later than 2 years after the date of the Mr. LEWIS of Georgia. Mr. Speaker, Service Act to provide grants to State I want to thank my friend, my col- enactment of this Act, submit to the Congress a emergency medical service depart- report on the results of such study, including league, Chairman STARK, for yielding ments to provide for the expedited recommendations on whether the program estab- time. training and licensing of veterans with lished under section 315 of the Public Health Mr. Speaker, we as a Nation have a prior medical training, and for other Service Act, as added by subsection (a), should duty to provide the very best health purposes, as amended. be expanded to assist veterans seeking to become care to our seniors and our disabled The Clerk read the title of the bill. licensed or certified in a State as health pro- brothers and sisters. For them, Medi- The text of the bill is as follows: viders other than emergency medical techni- care is a blessing, a lifeline. cians. H.R. 3199 Each time someone steals money The SPEAKER pro tempore. Pursu- from Medicare, it weakens the public Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ant to the rule, the gentleman from trust, it hurts our seniors, and threat- Congress assembled, New Jersey (Mr. PALLONE) and the gen- ens the future of Medicare. We must SECTION 1. SHORT TITLE. tleman from Kentucky (Mr. WHITFIELD) not, and we will not allow, criminals to This Act may be cited as the ‘‘Emergency each will control 20 minutes. rob Medicare. If you defraud Medicare Medic Transition Act of 2010’’ or the ‘‘EMT Act The Chair recognizes the gentleman once, you will never, ever do it again. of 2010’’. from New Jersey.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6840 CONGRESSIONAL RECORD — HOUSE September 22, 2010 GENERAL LEAVE gency management services to these ghanistan and Iraq, these vets are Mr. PALLONE. Mr. Speaker, I ask veterans, it would be beneficial to use ideally suited to respond to large-scale unanimous consent that all Members that investment to fill EMT needs in medical emergencies. They are ideal may have 5 legislative days within communities once the veteran has left first responders, making life or death which to revise and extend their re- the service. It makes sense to me that decisions amid a backdrop of chaos and marks and include extraneous material we should help veterans with life-sav- confusion. Their work at the scenes of in the RECORD. ing skills to use them in our commu- IED attacks, suicide bombings, and The SPEAKER pro tempore. Is there nities after they come home. firefights prepares them for this. objection to the request of the gen- I would certainly like to thank also In conclusion, the GAO study that tleman from New Jersey? Congresswoman HARMAN and Chairman Mr. PALLONE referenced will report on There was no objection. PALLONE as well as Congressman barriers experienced by veteran medics Mr. PALLONE. Mr. Speaker, I yield BUYER of Indiana, all of whom have and whether or not we should expand myself such time as I may consume. worked hard on this legislation. this program to other health care pro- Mr. Speaker, I rise today in strong I urge my colleagues to support this viders. support of H.R. 3199, the Emergency legislation. I urge support for the bill. It dem- Medic Transition Act of 2010. H.R. 3199 I reserve the balance of my time. onstrates in tangible form our appre- Mr. PALLONE. Mr. Speaker, I yield will help military medics transition to ciation for the service and skills of our to the bill’s sponsor, the gentlewoman work as civilian emergency medic returning military medics. technicians. This bill authorizes grants from California (Ms. HARMAN), such b 1630 for States that have a shortage of time as she may consume. emergency medic technicians to create Ms. HARMAN. Mr. Speaker, I want to Mr. WHITFIELD. I yield back the thank my friend and subcommittee programs to train returning veterans balance of my time. chair, Mr. PALLONE, and his ace staff with emergency medical training that Mr. PALLONE. Mr. Speaker, I yield for working to bring this bipartisan they become State-certified EMTs. such time as he may consume to the bill, the Emergency Medic Transition, The goal of this legislation is two- other person who did a lot of work on or EMT Act, to the floor. I also want to fold: to help vets with medical training their legislation, the gentleman from thank Mr. SARBANES, Mr. WHITFIELD, transition back into civilian life and to Maryland (Mr. SARBANES). Mr. BUYER and others for their support shore up our civilian emergency re- Mr. SARBANES. I thank the gen- in committee. Truly, it might be said sponse capabilities, particularly in tleman for yielding. that bipartisanship broke out in our States with a demonstrated need for I rise in strong support of this bill, committee during the debate on this these services. Programs like the ones and I salute Congresswoman HARMAN bill. authorized by this legislation may be for her excellent work on this and per- As you heard from Mr. PALLONE, the ceiving where there was a need and helpful for veterans with other health bill will help our brave men and women how that need could be met. care experience. That’s why this legis- who serve as medics in Afghanistan There are plenty of studies out there, lation also requires the GAO to con- and Iraq to transition into EMT jobs and there’s also a lot of anecdotal evi- duct a study to understand the barriers when they return. The act authorizes dence that there are really severe experienced by returning vets with grants for States that have a shortage shortages across our health workforce, medic experience from becoming civil- of EMTs to create a fast-track program and this is an area to which I brought ian health care professionals. GAO will for vets who received and completed particular attention, looking at where make recommendations to Congress military emergency medical training these shortages are, in trying to think whether it makes sense to expand this to become emergency responders. The not just how we look at the traditional program to other health care profes- funds authorized in this bill can be pipelines to bring people into these po- sions. used to provide coursework and train- I would like to thank in particular of ing, and reimbursement for the cost of sitions, but how we think outside of course Representative HARMAN and coursework, and any certification fees. the box at some of the nontraditional Representative SARBANES, both from Obviously, the bill is a win-win for sources where we can find the expertise our Energy and Commerce Committee, the country and our vets. Its passage and the experience to bring that for their dedication to and leadership will enhance the surge capacities of through the pipeline and to fill these on this important issue. local medical facilities and provide shortages. I urge my colleagues to support the jobs for our vets, especially during this H.R. 3199 proposes a very innovative bill. critical economic downturn. way to meet the needs that we have I reserve the balance of my time. It is worth noting that the unem- across the country for emergency med- Mr. WHITFIELD. Mr. Speaker, I rise ployment rate last year for Iraq and ical technicians. It recognizes that today also in support of H.R. 3199, the Afghanistan veterans 18 to 24 years old military medics who are returning Emergency Medic Transition Act. was 21.1 percent. Let me repeat that. have acquired very valuable experience This legislation would provide grants Our returning vets’ unemployment rate during their service, which positions to States with a shortage of EMTs to was 21.1 percent unemployment, which them extremely well to meet those assist veterans who have completed is significantly higher than the 16.6 needs and to fill those positions. military emergency training and assist percent rate for nonveterans of the It also recognizes that there’s obsta- them in becoming State-licensed or same age. cles, that there’s significant costs certified EMTs. Presently, military medics who wish sometimes associated with the training Through their service in the Armed to become first responders must restart that goes with certification, that it can Forces, these veterans have received their training from scratch, fulfilling be difficult in terms of getting that some of the best emergency response the same entry level criteria as people done in a timely fashion. What this bill training available. Our Nation is cur- with no prior training or experience. does is address those issues. It would rently blessed with thousands of men These duplicative efforts waste time, award grants to States to begin to and women who, through their honor- money, and talent. At the same time, streamline the licensing process, pro- able service in Iraq and Afghanistan many hospitals and emergency medical vide some resources to assist with the and around the world, are equipped services throughout the country oper- costs of training, and do other things with unmatched credentials and vast ate at or near capacity, and a terrorist to basically expedite this process of practical experience. attack or natural disaster would result getting these experienced people into We have heard of stories from around in a surge of patients that would over- these jobs where we need them. the country of there being a shortage whelm medical facilities. Correcting It makes a lot of common sense. I of EMTs and about the training and li- this requires having the largest pos- think that’s why it’s garnered bipar- censing barriers returning veterans sible pool of experienced medical per- tisan support, and I certainly urge my face when they transition to the civil- sonnel on hand. colleagues to support it. ian workforce. If the Federal Govern- With military medics’ recent experi- Mr. PALLONE. Mr. Speaker, I yield ment has provided training in emer- ence administering trauma care in Af- such time as she may consume to the

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6841 gentlewoman from South Dakota, Con- As I have noted, any number of bills What better way of using the great gresswoman HERSETH SANDLIN. from the Energy and Commerce com- talent that we have. The men and Ms. HERSETH SANDLIN. I thank mittee have been very constructive. women who were willing to offer their the chairman, the gentleman from New I thank the manager from our friends lives on the battlefield now can come Jersey, for yielding. on the other side of the aisle, and I home and serve their fellow Americans Mr. Speaker, I rise today in strong thank in particular Representative in one of the highest professions we support of H.R. 3199, the Emergency HARMAN and the collaborative effort have and that is the health care profes- Medic Transition Act of 2010. This is a between Energy and Commerce and, as sion, where you can say that no matter collaborative effort, and I would like to well, Veterans’ Affairs. where you are, you have the ability to thank Representatives HARMAN, BEAN, This bill, modest in funding—and I save lives. SARBANES and so many others for their would like to emphasize that before I I ask my colleagues to support en- collaborative partnership on drafting even speak about its importance—mod- thusiastically H.R. 3199. the bill. est in funding, $5 million per year be- Mr. BUYER. Mr. Speaker, I rise today in I also want to thank Representative tween 2011, I believe, and 2015, takes an support of H.R. 3199 the ‘‘Emergency Medic STEVE BUYER with whom I have worked important step toward the value that Transition (EMT) Act.’’ This bill, introduced by closely on the Veterans’ Affairs Com- we place on our service men and Congresswoman HARMAN, was originally in- mittee. Representative BUYER offered women. One, we thank them while they cluded as an amendment to the House some commonsense suggestions as the are serving, and we have made a com- passed version of the Health Reform bill. Con- ranking member of our full committee mitment to thank them when their gresswoman HARMAN, at my request, kindly on how to improve H.R. 3199. He is also service is finished. withdrew the amendment so we could properly a member of the House Energy and My State happens to be unique in vet this with our VA Committee professional Commerce Committee, and he helped having the highest percentage of re- staff. I want to thank Congresswoman HARMAN make the final product a better piece turning soldiers, in particular from for allowing my staff to review the bill and con- of legislation. Iraq and Afghanistan, in the State of tribute suggestions. I am pleased to announce This bill takes important steps to Texas. In addition, many of you are my full support of this legislation to help vet- improve the ability of veterans to aware of many of the bases in our erans and states alike. translate their military experience State, but, as well, you are aware of By funding this HHS program that will award into the civilian workforce, specifically the horrific tragedy that occurred at grants to state entities with jurisdiction over working to help veterans with military Fort Hood just a few months ago and, emergency medical personnel training and li- medical experience to become civilian of course, coming up on its first-year censing, states will be provided the resources emergency medical technicians. The recognition. for our veterans to receive the EMT training legislation creates a grant program In that instance, many were lost, but and certification they need, help fill state short- that will assist individual States in the some were injured; and the idea of ages in emergency medical technicians, and creation of a fast-track EMT certifi- using soldiers who have been trained avoid duplicative training courses and costs. cation process that takes into account by the military to return home for first Further, the included GAO study will help Con- the experience a veteran gained while responder utilization is a brilliant idea gress assess the program’s effectiveness serving in the military. and one that is long in coming. It is going forward. Recent estimates from the United well known that veterans do have a Licensing and certification of returning vet- States Bureau of Labor Statistics sug- higher unemployment in the general erans for civilian jobs for skills that they have gests that veterans between the ages of population in many instances. been trained and are well-experienced in from 18 and 24 had an unemployment rate of But also, Mr. Speaker, we know that their military service has been a long standing 21.6 percent in 2009. This is a terribly many of our veterans, because of a point of frustration and a barrier to many re- troubling number and the Veterans’ Af- number of serious issues, find them- turning veterans finding meaningful employ- fairs Economic Opportunity Sub- selves homeless. Where is our contin- ment in a timely manner. Recent reports from committee, which I have the honor of ued promise about treating them with the Bureau of Labor Statistics show that the chairing, has held a series of hearings the same respect and dignity that we unemployment rate among our newest cohort during the 111th Congress on a variety have done so while they were in the of veterans is at an alarming rate of 19.3% for of issues related to veterans employ- service and then when they are out? the month of August. It is my hope that H.R. ment. So this particular legislation, H.R. 3199 will alleviate a portion of this problem These hearings have shown that one 3199, does two things that I think are and help our combat medics get their EMT li- of the critical barriers facing newly enormously important, takes advan- censes with as little bureaucratic red tape as separated veterans trying to enter the tage of the important talent that is possible. workforce is the challenge of trans- coming home, that wonderful training Lastly, in order for this bill to meet its full in- lating their military experience to the that saves lives on the battlefield to tent and potential, it is critical for the Gov- civilian market. So I am pleased that use in America’s emergency rooms. ernors of our states to swiftly create consistent the legislation the House is considering Then I was so delighted to be able to licensing standards necessary to fill EMT today not only increases access to hear that as we move to have this mas- shortages and put veterans to work. I look for- health care, but does so by increasing sive and important change in medical ward to working with the states to accomplish employment opportunities for veterans reform, health care reform that is this goal. and allows them to use their skills going to save lives—particularly, I Mr. PALLONE. Mr. Speaker, I urge gained in service to our country to think, tomorrow will be a number of passage of the bill, and I yield back the serve their local communities in civil- new provisions coming out in the balance of my time. ian life. health care bill—now we have the abil- The SPEAKER pro tempore. The H.R. 3199 also requires an assessment ity to assess the training of these very question is on the motion offered by of whether this new program should be fine men and women to serve in Amer- the gentleman from New Jersey (Mr. expanded to help veterans with medical ica’s medical professions. This is key. PALLONE) that the House suspend the training to obtain certification in It’s a great partnership. rules and pass the bill, H.R. 3199, as other health professions. I thank the author of the bill. I rise amended. I urge all of my colleagues on both to support it. I am loudly saying to The question was taken. sides of the aisle to support this impor- those who are returning home to Texas The SPEAKER pro tempore. In the tant legislation. and other States around the Nation opinion of the Chair, two-thirds being Mr. PALLONE. Mr. Speaker, I yield that we now have an opportunity to in the affirmative, the ayes have it. such time as she may consume to the use your great talents to save lives, to Mr. BROUN of Georgia. Mr. Speaker, gentlewoman from Texas, Ms. SHEILA be in America’s hospitals, to be in fire on that I demand the yeas and nays. JACKSON LEE. stations, to assist police officers and to The yeas and nays were ordered. Ms. JACKSON LEE of Texas. I thank be there when danger and disaster The SPEAKER pro tempore. Pursu- the chairman very much for presiding comes to face Americans on the home ant to clause 8 of rule XX and the over this very important legislation. soil. Chair’s prior announcement, further

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6842 CONGRESSIONAL RECORD — HOUSE September 22, 2010 proceedings on this motion will be ‘‘(F) provide for any other activities, pro- mortality. According to the Centers for postponed. grams, or strategies as identified by the commu- Disease Control and Prevention, the nity plan. f U.S. infant mortality rate is about 50 ‘‘(5) LIMITATION.—Of the funds received percent higher than the national goal b 1640 through a grant under this subsection for a fis- of 4.5 infant deaths for per 1,000 births. cal year, an eligible entity shall not use more As of 2005, the United States ranked NATIONALLY ENHANCING THE than 10 percent for program evaluation. ‘‘(6) REPORTS ON PILOT PROGRAMS.— 30th in the world in infant mortality. WELLBEING OF BABIES The pilot program authorized in this THROUGH OUTREACH AND RE- ‘‘(A) IN GENERAL.—Not later than 1 year after receiving a grant, and annually thereafter for legislation would give grants to eligi- SEARCH NOW ACT the duration of the grant period, each entity ble entities to fight infant mortality in Mr. PALLONE. Mr. Speaker, I move that receives a grant under paragraph (1) shall the most impacted areas. to suspend the rules and pass the bill submit a report to the Secretary detailing its in- I want to thank Representative (H.R. 3470) to authorize funding for the fant mortality pilot program. COHEN, the sponsor of the NEWBORN ‘‘(B) CONTENTS OF REPORT.—The reports re- creation and implementation of infant Act, as it is called, for his deep com- quired under subparagraph (A) shall include in- mitment to and tireless leadership on mortality pilot programs in standard formation such as the methodology of, and out- metropolitan statistical areas with comes and statistics from, the grantee’s infant this very important issue. I would also high rates of infant mortality, and for mortality pilot program. like to thank Ranking Member BARTON other purposes, as amended. ‘‘(C) EVALUATION.—The Secretary shall use and Ranking Member SHIMKUS and The Clerk read the title of the bill. the reports required under subparagraph (A) to their staffs for working in a bipartisan The text of the bill is as follows: evaluate, and conduct statistical research on, manner to help get this legislation to infant mortality pilot programs funded through H.R. 3470 the House floor. this subsection. I reserve the balance of my time. Be it enacted by the Senate and House of Rep- ‘‘(7) DEFINITIONS.—For the purposes of this Mr. WHITFIELD. Mr. Speaker, I resentatives of the United States of America in subsection: yield myself such time as I may con- Congress assembled, ‘‘(A) ADMINISTRATOR.—The term ‘Adminis- sume. SECTION 1. SHORT TITLE. trator’ means the Administrator of the Health There has been a lot of debate in the This Act may be cited as the ‘‘Nationally En- Resources and Services Administration. United States about infant mortality. ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible en- hancing the Wellbeing of Babies through Out- And when we hear that the U.S. ranks reach and Research Now Act’’ or the ‘‘NEW- tity’ means a State, county, city, territorial, or BORN Act’’. tribal health department that has submitted a 30th in the world, it certainly bothers proposal to the Secretary that the Secretary all of us. SEC. 2. INFANT MORTALITY PILOT PROGRAMS. I do think it is important that we Section 330H of the Public Health Service Act deems likely to reduce infant mortality rates (42 U.S.C. 254c–8) is amended— within the standard metropolitan statistical also recognize, just for informational (1) by redesignating subsection (e) as sub- area involved. purposes, that not every country in the section (f); ‘‘(C) TRIBAL.—The term ‘tribal’ refers to an world uses the same method to deter- (2) by inserting after subsection (d) the fol- Indian tribe, a Tribal organization, or an Urban mine infant mortality. For example, in lowing: Indian organization, as such terms are defined the United States, all live births at any in section 4 of the Indian Health Care Improve- ‘‘(e) INFANT MORTALITY PILOT PROGRAMS.— birthweight or gestational age must be ‘‘(1) IN GENERAL.—The Secretary, acting ment Act.’’; and (3) by amending subsection (f), as so redesig- reported. In France, for example, only through the Administrator, shall award grants live births of at least 22 weeks of gesta- to eligible entities to create, implement, and nated— (A) in paragraph (1)— tion or weighing at least 500 grams oversee infant mortality pilot programs. must be reported. So some of these ‘‘(2) PERIOD OF A GRANT.—The period of a (i) by amending the paragraph heading to grant under this subsection shall be 5 consecu- read: ‘‘HEALTHY START INITIATIVE’’; and countries use different reporting facts tive fiscal years. (ii) by inserting after ‘‘carrying out this sec- to determine their mortality rates. ‘‘(3) PREFERENCE.—In awarding grants under tion’’ the following: ‘‘(other than subsection There is no question that certain this subsection, the Secretary shall give pref- (e))’’; communities in the United States have erence to eligible entities proposing to serve any (B) by redesignating paragraph (2) as para- infant mortality rates that are persist- of the 15 counties or groups of counties with the graph (3); ently high. And this legislation author- highest rates of infant mortality in the United (C) by inserting after paragraph (1) the fol- izes HHS to award grants for pilot lowing: States in the past 3 years. projects to reduce infant mortality in ‘‘(2) INFANT MORTALITY PILOT PROGRAMS.—To ‘‘(4) USE OF FUNDS.—Any infant mortality the communities with the highest in- pilot program funded under this subsection carry out subsection (e), there is authorized to be appropriated $10,000,000 for each of fiscal fant mortality rates and would require may— these projects be evaluated to ensure ‘‘(A) include the development of a plan that years 2011 through 2015.’’; and identifies the individual needs of each commu- (D) in paragraph (3)(A), as so redesignated, we are on the right track to reducing nity to be served and strategies to address those by striking ‘‘the program under this section’’ infant mortality rates in those areas needs; and inserting ‘‘the program under subsection and in the United States. ‘‘(B) provide outreach to at-risk mothers (a)’’. I want to thank Congressman COHEN through programs deemed appropriate by the The SPEAKER pro tempore. Pursu- for his leadership on this issue as well Administrator; ant to the rule, the gentleman from as Congressmen PALLONE and SHIMKUS. ‘‘(C) develop and implement standardized sys- New Jersey (Mr. PALLONE) and the gen- I reserve the balance of my time. tems for improved access, utilization, and qual- tleman from Kentucky (Mr. WHITFIELD) Mr. PALLONE. Mr. Speaker, I yield ity of social, educational, and clinical services each will control 20 minutes. such time as he may consume to the to promote healthy pregnancies, full-term births, sponsor of the bill, Representative and healthy infancies delivered to women and The Chair recognizes the gentleman from New Jersey. COHEN of Tennessee. their infants, such as— Mr. COHEN. I want to thank Mr. ‘‘(i) counseling on infant care, feeding, and GENERAL LEAVE PALLONE for the time, and I want to parenting; Mr. PALLONE. Mr. Speaker, I ask ‘‘(ii) postpartum care; thank Mr. PALLONE, Mr. ANDREWS, and unanimous consent that all Members Chairman WAXMAN for their help in ‘‘(iii) prevention of premature delivery; and may have 5 legislative days in which to ‘‘(iv) additional counseling for at-risk moth- getting this particular proposal to the ers, including smoking cessation programs, drug revise and extend their remarks and in- floor; and the minority side as well, treatment programs, alcohol treatment pro- clude extraneous material in the Mr. WHITFIELD, my friend, Mr. grams, nutrition and physical activity programs, RECORD. SHIMKUS, and everyone who has worked postpartum depression and domestic violence The SPEAKER pro tempore. Is there on this. programs, social and psychological services, objection to the request of the gen- Mr. Speaker, this is a particularly dental care, and parenting programs; tleman from New Jersey? important bill to me, and it’s an impor- ‘‘(D) establish a rural outreach program to There was no objection. tant bill to my district. September is provide care to at-risk mothers in rural areas; Mr. PALLONE. Mr. Speaker, I yield ‘‘(E) establish a regional public education Infant Mortality Awareness Month, campaign, including a campaign to— myself such time as I may consume. and it’s appropriate that this month ‘‘(i) prevent preterm births; and Mr. Speaker, this bill authorizes a this bill will be brought up for consid- ‘‘(ii) educate the public about infant mor- pilot program to address a serious pub- eration, the NEWBORN Act. ‘‘NEW- tality; and lic health problem, and that is infant BORN’’ is an acronym. Everything in

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6843 Washington seems to be an acronym, wasn’t a conference committee, and b 1650 and this acronym, ‘‘NEWBORN,’’ this part of the health care bill wasn’t Mr. WHITFIELD. Mr. Speaker, I urge stands for ‘‘Nationally Enhancing the included because the Senate didn’t all Members to support this legislation, Wellbeing of Babies through Outreach have it, and reconciliation didn’t allow and I thank the gentleman from Ten- and Research Now.’’ consideration of proposals like this nessee (Mr. COHEN) and others who It is so important that we give chil- that didn’t add to or decrease from the worked hard on this legislation. dren an opportunity to live and moth- budget. This was an authorization. So I yield back the balance of my time. ers and fathers an opportunity to see it didn’t make it through the final Mr. PALLONE. Mr. Speaker, I urge their children born and have a chance. phase because of what happened in that the bill pass, and I yield back the My parents lost a child at about 4 Massachusetts, and that hurt us in balance of my time. months of age in 1946. They never got what could be an important step for- The SPEAKER pro tempore. The over it. There are so many people who ward for mothers and children. question is on the motion offered by have lost children, and it is something We hope that the bill will pass here the gentleman from New Jersey (Mr. that stays with you forever. today and that the Senate will pick it PALLONE) that the House suspend the In my particular city of Memphis— up. We hope Senator MIKULSKI or Sen- rules and pass the bill, H.R. 3470, as while we talked about the United ator DODD or somebody will help us amended. States’ rate, we know it is too high no with it, or Senator HARKIN, and see The question was taken. matter what it is and how you keep that it gets through the Senate and the The SPEAKER pro tempore. In the statistics—the city of Memphis has one authorization is approved. opinion of the Chair, two-thirds being of the highest infant mortality rates in It will authorize the Secretary of the in the affirmative, the ayes have it. the Nation. It is said to be second by Department of Health and Human Mr. PALLONE. Mr. Speaker, on that the CDC among the 60 largest urban Services to award 5-year-long grants to I demand the yeas and nays. areas in the year 2002. In one particular 15 municipalities or States to create The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ZIP code in my district, 38108, in the infant mortality pilot programs. The ant to clause 8 of rule XX and the year 2007—it’s in north Memphis, a pre- legislation sets forth guidelines on Chair’s prior announcement, further dominately low-income African Amer- what practices the pilot programs may proceedings on this motion will be ican neighborhood. I say predomi- employ in their quest to lower the in- postponed. nately; it’s an entirely low-income Af- fant mortality rate of the area they rican American neighborhood—had an serve, and those include outreach to at- f infant mortality rate of 31 deaths per risk mothers, increased access to edu- TRAINING AND RESEARCH FOR 1,000 live births. That is almost five cational clinic services for pregnant AUTISM IMPROVEMENTS NA- times the Nation’s 2007 rate of seven women or potential mothers and fami- TIONWIDE ACT OF 2010 deaths per 1,000 live births. And that lies. The language suggests each program Mr. PALLONE. Mr. Speaker, I move ranks 38108 as worse than the devel- to suspend the rules and pass the bill oping nations of Iran, Indonesia, Nica- provide infant care counseling, postpartum care, additional care for (H.R. 5756) to amend title I of the De- ragua, El Salvador, Syria, and Vietnam at-risk mothers, a rural outreach pro- velopmental Disabilities Assistance in infant mortality for that year. and Bill of Rights Act of 2000 to provide It’s an issue that can strike people of gram, and a public education program. All of these can save money in the for grants and technical assistance to any race, but it is divided largely along long run in health care because some of improve services rendered to children racial lines, and there’s a great racial the most expensive treatment rendered and adults with autism, and their fami- disparity. The Office of Minority is for premature babies, and care in lies, and to expand the number of Uni- Health at the CDC has found that Afri- these particular ages of life can be very versity Centers for Excellence in De- can Americans have 2.4 times the in- expensive. And if we can have better velopmental Disabilities Education, fant mortality rate than whites, that prenatal care and less problems, not Research, and Service, as amended. African Americans are four times as only is it the right thing to do in every The Clerk read the title of the bill. likely to die as infants due to com- way possible, but it also saves money. The text of the bill is as follows: plications related to low birthweight It is my hope that those entities who H.R. 5756 when compared to white infants. The apply for this funding will do so in con- Be it enacted by the Senate and House of Rep- CDC study found that African Amer- junction with existing local, private, resentatives of the United States of America in ican mothers were 2.5 times more like- and not-for-profit groups that have al- Congress assembled, ly than white mothers to begin pre- ready involved themselves in the fight SECTION 1. SHORT TITLE. natal care in their third trimester or This Act may be cited as the ‘‘Training against infant mortality. And there are and Research for Autism Improvements Na- not receive prenatal care at all. That’s several in Memphis that have done where a lot of research and outreach tionwide Act of 2010’’ or the ‘‘TRAIN Act of that. Our Governor, Phil Bredesen, and 2010’’. can be done, particularly the outreach. our city mayor and county mayor, A C SEC. 2. UNIVERSITY CENTERS FOR EXCELLENCE That is why the NEWBORN bill is so Wharton, have headed up programs in INITIATIVES ON AUTISM SPECTRUM needed, and that is why our office de- our community, and our county mayor, DISORDERS. cided to make this our top priority. Mark Luttrell, is continuing them. (a) IN GENERAL.—Subtitle D of title I of the My chief of staff, Marilyn Dilihay; The cultivation of partnerships be- Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15061 et my district director, Randy Wade; and tween local leaders is essential in order our whole team met in Memphis. Brit- seq.) is amended— to ensure the problem is addressed in (1) by inserting before section 151 the fol- tany Johnson, who is my legislative di- as efficient a manner as possible. lowing: rector in the area of health care, and I introduced the NEWBORN Act be- ‘‘PART 1—GENERAL GRANT PROGRAMS my legislative director, Reisha Phills, cause of the number of devastating in- FOR UNIVERSITY CENTERS FOR EXCEL- the whole office worked on the issue stances of infant mortality in Mem- LENCE’’ and we brought it as a bill. But we also phis, but I hope its passage and even- ; and had it included in the health care bill tual enactment will help the incalcu- (2) by adding at the end the following: that passed this House. And it was fea- lable number of people across the coun- ‘‘PART 2—UNIVERSITY CENTERS FOR EX- tured in the Speaker’s bullet points try who are possibly at risk to lose a CELLENCE INITIATIVES ON AUTISM about what it could possibly do for in- child or grandchild in the years to SPECTRUM DISORDERS fant mortality. This would be the larg- come. ‘‘SEC. 157. AUTISM SPECTRUM DISORDERS INITIA- est outreach program the Federal Gov- Again, I thank Mr. PALLONE and the TIVE GRANTS AND TECHNICAL AS- ernment has ever engaged in. It’s an other Members, particularly Mr. WAX- SISTANCE. ‘‘(a) GRANTS.— authorization to find answers for the MAN, for their help in getting this bill ‘‘(1) IN GENERAL.—The Secretary shall problem of infant mortality. to the floor, and I hope that we will award multiyear grants for the purpose de- Of course, because of the situation of have the help in the Senate that the scribed in paragraph (2) to University Cen- the politics in the Senate and because mothers, children, and grandchildren ters for Excellence in Developmental Dis- we had to go to reconciliation, there in this Nation deserve. abilities Education, Research, and Service

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6844 CONGRESSIONAL RECORD — HOUSE September 22, 2010 that are funded under part 1 and engaged in a national organization with demonstrated ‘‘SEC. 159. DEFINITIONS. the core functions described in section capacity for providing training and technical ‘‘In this part: 153(a)(2). assistance to— ‘‘(1) The term ‘interventions’ means edu- ‘‘(2) PURPOSE.—The purpose described in ‘‘(1) assist in national dissemination of spe- cational methods and positive behavioral this paragraph is to provide individuals with cific information, including evidence-based support strategies designed to improve or interdisciplinary training, continuing edu- best practices, from interdisciplinary train- ameliorate symptoms associated with au- cation, technical assistance, and information ing programs, and when appropriate, other tism spectrum disorder. for the purpose of improving services ren- entities whose findings would inform the ‘‘(2) The term ‘minority institution’ has dered to children and adults on the autism work performed by University Centers for the meaning given to such term in section spectrum, and their families, to address Excellence in Developmental Disabilities 365 of the Higher Education Act of 1965. unmet needs related to autism spectrum dis- Education, Research, and Service awarded ‘‘(3) The term ‘services’ means services to order. For purposes of the previous sentence, grants under this section; assist individuals on the autism spectrum to individuals shall include children and adults ‘‘(2) compile and disseminate strategies live more independently in their commu- on the autism spectrum, families of such and materials that prove to be effective in nities. children and adults, health professionals (in- the provision of training and technical as- ‘‘(4) The term ‘treatments’ means health cluding allied health professionals), and vo- sistance so that the entire network can ben- services, including mental health services, cational training and educational profes- efit from the models, materials, and prac- designed to improve or ameliorate symptoms sionals. tices developed in individual centers; associated with autism spectrum disorder.’’. ‘‘(3) APPLICATION REQUIREMENTS.—A Uni- ‘‘(3) assist in the coordination of activities (b) CONFORMING AMENDMENTS.—(1) Such versity Center for Excellence in Develop- of grantees under this section; subtitle is further amended— mental Disabilities Education, Research, and ‘‘(4) develop a (or enhance an existing) Web (A) in section 152(a)(1), by striking ‘‘sub- Service that desires to receive a grant under portal that will provide linkages to each of title’’ and inserting ‘‘part’’; this section shall submit to the Secretary an the individual training initiatives and pro- (B) in section 153(a)(2)(D), by striking ‘‘sub- application— vide access to training modules, promising title’’ and inserting ‘‘part’’; ‘‘(A) demonstrating that the Center has ca- training, and technical assistance practices (C) in each of subparagraphs (B) and (D) of pacity to— and other materials developed by grantees; section 154(a)(3), by striking ‘‘subtitle’’ and ‘‘(i) provide training and technical assist- ‘‘(5) serve as a research-based resource for inserting ‘‘part’’; ance in evidence-based practices to evaluate, Federal and State policymakers on informa- (D) in each of paragraphs (1) and (3) of sec- and provide effective interventions, services, tion concerning the provision of training and tion 154(d), by striking ‘‘subtitle’’ and insert- treatments, and supports to, children and technical assistance for the assessment, and ing ‘‘part’’; and adults on the autism spectrum and their provision of supports and services for, chil- (E) in each of subsections (a)(1) and (b) of families; dren and adults on the autism spectrum; section 156, by striking ‘‘subtitle’’ and in- ‘‘(ii) provide individuals on the autism ‘‘(6) convene experts from multiple inter- serting ‘‘part’’. spectrum, and the families of such individ- disciplinary training programs, individuals (2) The table of contents in section 1(b) of uals, opportunities to advise and direct ac- on the autism spectrum, and the families of the Developmental Disabilities Assistance tivities under the grant to ensure that an in- such individuals to discuss and make rec- and Bill of Rights Act of 2000 is amended— dividual-centered, and family-centered, ap- ommendations with regard to training issues (A) by inserting before the item relating to proach is used; related to assessment, interventions, serv- section 151 the following: ‘‘(iii) share and disseminate materials and ices, treatment, and supports for children ‘‘PART 1—GENERAL GRANT PROGRAMS FOR practices that are developed for, and evalu- and adults on the autism spectrum; and UNIVERSITY CENTERS FOR EXCELLENCE’’ ated to be effective in, the provision of train- ‘‘(7) undertake any other functions that ing and technical assistance; and ; and the Secretary determines to be appropriate. ‘‘(iv) provide training, technical assist- (B) by inserting at the end of the items re- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— lating to subtitle D of title I the following: ance, interventions, services, treatments, To carry out this section, there are author- and supports under this section statewide; ized to be appropriated $17,000,000 for each of ‘‘PART 2—UNIVERSITY CENTERS FOR EXCEL- ‘‘(B) providing assurances that the Center the fiscal years 2012 through 2016. LENCE INITIATIVES ON AUTISM SPECTRUM will— DISORDERS ‘‘SEC. 158. CAPACITY BUILDING GRANTS. ‘‘(i) provide trainees under this section ‘‘(a) GRANTS.—The Secretary shall award ‘‘Sec. 157. Autism spectrum disorders initia- with an appropriate balance of interdiscipli- multiyear grants to not more than 4 Univer- tive grants and technical as- nary didactic and community-based experi- sity Centers for Excellence in Developmental sistance. ences; and Disabilities Education, Research, and Serv- ‘‘Sec. 158. Capacity building grants. ‘‘(ii) provide to the Secretary, in the man- ice described in paragraph (1) of section ‘‘Sec. 159. Definitions.’’. ner prescribed by the Secretary, data regard- 157(a) to— The SPEAKER pro tempore. Pursu- ing the number of individuals who have bene- ‘‘(1) collaborate with minority institutions ant to the rule, the gentleman from fitted from, and outcomes of, the provision to— New Jersey (Mr. PALLONE) and the gen- of training and technical assistance under ‘‘(A) provide services described in such sec- this section; tleman from Kentucky (Mr. WHITFIELD) tion to individuals on the autism spectrum each will control 20 minutes. ‘‘(C) providing assurances that training, who are from racial and ethnic minority pop- technical assistance, dissemination of infor- ulations and to their families; and The Chair recognizes the gentleman mation, and services under this section ‘‘(B) conduct research and education fo- from New Jersey. will— cused on racial and ethnic minority popu- GENERAL LEAVE ‘‘(i) be consistent with the goals of this lations; and Mr. PALLONE. Mr. Speaker, I ask Act, the Americans with Disabilities Act of ‘‘(2) build capacity within such institutions unanimous consent that all Members 1990, the Individuals with Disabilities Edu- to enable such institutions to apply to be- may have 5 legislative days in which to cation Act, and the Elementary and Sec- come University Centers for Excellence in ondary Education Act of 1965; revise and extend their remarks and in- Developmental Disabilities Education, Re- clude extraneous material in the ‘‘(ii) supplement, and not supplant, activi- search, and Service capable of providing such ties funded under this subtitle (other than services, research, and education. RECORD. this section); ‘‘(b) APPLICABLE PROVISIONS.—The provi- The SPEAKER pro tempore. Is there ‘‘(iii) be planned and designed with the par- sions of paragraphs (2) and (3) of section objection to the request of the gen- ticipation of individuals on the autism spec- 157(a) shall apply with respect to grants tleman from New Jersey? trum and the families of such individuals; under this section to the same extent and in There was no objection. and the same manner as such provisions apply Mr. PALLONE. Mr. Speaker, I yield ‘‘(iv) be conducted in coordination with with respect to grants under section 157. myself such time as I may consume. relevant State agencies, institutions of high- ‘‘(c) PRIORITIZATION.—In awarding grants Mr. Speaker, I rise today in strong er education, and service providers; and under this section, the Secretary shall give ‘‘(D) containing such other information priority to applicants that demonstrate col- support of H.R. 5756, the Training and and assurances as the Secretary may re- laboration with minority institutions that— Research for Autism Improvements Na- quire. ‘‘(1) have demonstrated capacity to meet tionwide Act of 2010, or the TRAIN Act, ‘‘(4) AMOUNT OF GRANTS.—The amount of a the requirements of this section and provide as it is called. grant to a University Center for Excellence services to individuals on the autism spec- The TRAIN Act builds upon the im- in Developmental Disabilities Education, Re- trum and their families; or portant work of University Centers for search, and Service for a fiscal year under ‘‘(2) are located in a State with one or Excellence in Developmental Disabil- this section shall be not less than $250,000. more underserved populations. ities Education, Research, and Service, ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— retary may reserve not more than 2 percent To carry out this section, there is authorized or the acronym UCEDD, in addressing of the amount appropriated to carry out this to be appropriated $1,000,000 for each of the the needs of individuals with develop- section for a fiscal year to make a grant to fiscal years 2012 through 2016. mental disabilities.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6845 H.R. 5756 authorizes targeted grants tisan issue, and I especially want to 1.5 million individuals living with au- to support interdisciplinary training, thank my good friend and colleague tism every day. The legislation author- continuing education, and technical as- MIKE DOYLE. We are co-chairs of the izes grants to existing University Cen- sistance for children and adults on the Autism Caucus. It shows that biparti- ters for Excellence in Developmental autism spectrum, as well as their fami- sanship still survives. And for a tre- Disabilities Education, Research, and lies. The Centers for Disease Control mendous cause, a good cause like com- Service, or comparable entities, to pro- and Prevention has stated that autism bating autism, it is great to join him in vide individuals, including parents, vo- spectrum disorders are an urgent pub- sponsoring this bill. He is the prime cational, educational, and health pro- lic health concern. Autism affects an sponsor, and I am the principal cospon- fessionals, with interdisciplinary train- estimated 1 in 110 children nationwide, sor. ing, continuing education, technical and there are currently no cures for au- I believe it is accurate to say that assistance, and information for the tism. However, research shows that the provisions of this bill are not only purpose of improving services to chil- early intervention services can greatly important but essential in providing dren and adults with autism in their improve the development of children tangible assistance to those with au- families. with autism. H.R. 5756 also seeks to tism spectrum disorder and their fami- The bill also provides for the estab- promote the expansion of the UCEDD lies. Implementation of the TRAIN Act lishment of up to four new university network to include minority-serving will significantly expand the ranks of centers for developmental disabilities, institutions. This parallels a 2009 effort qualified service providers, who are giving priority to minority institutions to support partnerships between the equipped with the knowledge and tools or institutions that would serve cur- existing UCEDDs and minority-serving of state-of-the-science, evidence-based rently underserved populations. institutions for all forms of develop- educational, medical, and social inter- Another important provision is the ment disabilities. ventions. selection of a nationwide organization UCEDDs play a critical role in pro- Personally, Mr. Speaker, I became to disseminate nationally evidence- viding a range of training activities involved in autism as far back as 1982 based best practices and other models, and services, and in building capacity when I first visited Eden Institute in materials, and practices developed by within communities. Experts and advo- Princeton. Coincidentally, Eden is the university centers, or from other cates have called for increased funding breaking ground tomorrow on a new, sources, including development of a to ensure that these centers can con- uniquely designed autism school de- Web portal. People need to know the tinue their important work and meet signed by Eden teachers who have uti- information because there is often a the needs of people with developmental lized three decades of knowledge and conflict about autism. disabilities, particularly those with au- best practices in teaching individuals I urge Members to support this legis- tism. with autism to reach their full poten- lation. It is an excellent bill. It will It is also important not to lose sight tial. Huge gaps in the Federal response help those who are afflicted. of people from diverse backgrounds to autism came into sharp focus back Mr. PALLONE. Mr. Speaker, I now who oftentimes face greater challenges in 1998 when I was visited by Bobbie yield such time as he may consume to than others with autism in accessing and Billie Gallagher, the parents of two the sponsor of the bill, the gentleman services. daughters with autism from my dis- from Pennsylvania (Mr. DOYLE). Mr. Speaker, I am pleased that we trict who told me of their concern Mr. DOYLE. Mr. Speaker, first I have an opportunity today to consider about a perceived explosion in the want to thank Chairman WAXMAN, a bill that both supports the efforts of prevalence of autism in Brick Town- Chairman PALLONE, Ranking Member UCEDDs and works to ensure that we ship. Rosemarie and Geoff Dubrowsky, JOE BARTON and Representative do all that we can for people with and whose son Daniel was diagnosed with SHIMKUS, and my good friend and col- directly affected by autism. autism as well in 1997, are another cou- league, CHRIS SMITH, who for so many I want to mention that Representa- ple who told me of the realities of au- years has joined with me as we tried to tive DOYLE has been a tireless advocate tism, and they were very concerned work on behalf of families who are for autism issues. He is the bill’s spon- about this perceived spike. dealing with this every day of their sor, and he current chairs the Congres- I would note that at the time, Cen- lives. sional Autism Caucus, along with ters for Disease Control spent a paltry b 1700 CHRIS SMITH from my State, who I see $287,000 per year, straight line, 1995, on the floor, and I want to commend 1996, 1997, and 1998. That doesn’t even You know, as many of you know, au- Representative DOYLE for his work on buy a desk, it is so little. Now we are tism has been the primary focus of my this bill and for his leadership on this up to $22 million. time here in Congress. Even though issue. After meeting with these families there is still much we don’t know, in If I could add, personally, during the and others, we initiated an investiga- just the time that I’ve been here, we August recess, I met on one occasion tion led by the CDC, and they con- have seen light years’ worth of im- with a large group of families of chil- firmed that cases of autism were sig- proved understanding of the condition. dren with autism, and I was amazed at nificantly higher than expected in One of the most important things we how few services are available. Obvi- Brick. But the evidence gathered indi- have learned is that early intervention ously anything like this that makes a cated a larger, potentially nationwide works. That’s why I have always appre- difference for them and other children prevalence problem. I then introduced ciated that Chairman WAXMAN and with autism and their families is really a bill which was accepted by Chairman Chairman PALLONE have worked with significant. I also want to recognize Mike Bilirakis as Title I of the Chil- me during health care reform in mak- and thank Ranking Member SHIMKUS dren’s Health Act mandating increased ing sure that plans in the exchange and Ranking Member BARTON for work- surveillance. You can’t fight something have included needed behavioral health ing with Chairman WAXMAN and myself if you don’t know the who, what, when, benefits. to bring this bill to the floor. I urge my where, and even the why of it. Among the many items that the colleagues to support this bill. As established, the legislation cre- House passed in our health reform bill I reserve the balance of my time. ated Centers of Excellence, and now we that the Senate did not was a services Mr. WHITFIELD. I also want to know that nationwide, autism affects 1 training and research initiative for thank Congressman DOYLE for his lead- in every 110 children, 1 in 70 boys. children and adults with autism, so we ership on this issue. Sadly, in my own State, it is even decided to introduce it as a standalone Mr. Speaker, I yield 4 minutes to the higher. Faced with this epidemic, MIKE bill, H.R. 5756, the Training and Re- gentleman from New Jersey (Mr. DOYLE and I formed the Coalition on search for Autism Improvements Na- SMITH), who has been particularly in- Autism Research and Education, which tionwide, or TRAIN Act. I am glad that volved in the issue of autism. today has 157 members. it is on the House floor today. Mr. SMITH of New Jersey. I want to The legislation we are considering Individuals on the autism spectrum thank my good friend for yielding, and today, the TRAIN Act, offers an oppor- often need assistance in the areas of for his leadership. This is truly a bipar- tunity for us to do something with the comprehensive early intervention,

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6846 CONGRESSIONAL RECORD — HOUSE September 22, 2010 health, recreation, job training, em- Mr. BURTON of Indiana. Mr. Speaker, I rise provements Nationwide Act’’ will go a long ployment, housing, transportation, and in support of the ‘‘Training and Research for way to provide needed resources and informa- early, primary, secondary, and postsec- Autism Improvements Nationwide Act’’ (H.R. tion to families living with autism, I also be- ondary education. With access to and 5756). Upon the diagnosis of only grandson, lieve that as a Nation we need to do more. assistance with these types of services who is autistic, I took it upon myself to be ac- This epidemic of autism is an immediate crisis and supports, individuals on the autism tive in promoting autism awareness and advo- to our education system, and our health care spectrum can live rich, full and produc- cating more research for the disorder. I am systems, our long-term housing and care sys- tive lives. We know that services for also a member of the Congressional Autism tem for the disabled. youth who are on the autism spectrum Caucus. About twenty years ago, autism was Autism is a condition that can be treated to and who are transitioning to adulthood considered a rare disease affecting about 1 in a degree but it has no known cure; it will not are an especially pressing need. 10,000 children. Today, the Center for Dis- go away and neither should our efforts to re- Thanks to the reports from the GAO, ease Control and Prevention estimates that an search this disorder and aide American Fami- we also know that there is a critical average of 1 in 110 children in the United lies. shortage of appropriately trained per- States are diagnosed with an Autism Spec- Autism is not bound or limited to the walls sonnel across numerous important dis- trum Disorder (ASD) every year. ASD occur in of a household. I believe that our Nation’s ciplines who can provide the services all racial, ethnic, and socioeconomic groups, educational, labor, housing, law enforcement and supports to children and adults but are four times more likely to occur in boys and medical communities are currently ill- with autism spectrum disorders and re- than in girls. In my home state of Indiana, we equipped and undertrained to handle this lated developmental disabilities and to experienced a 923% cumulative growth rate underrepresented generation of autistic indi- their families. The bill, the TRAIN for autism from 1992–2003. viduals and that it is going to take a national Act, will help this. This bill will help The ‘‘Training and Research for Autism Im- commitment driven from the highest levels to practicing professionals, as well as provements Nationwide Act’’ is desperately marshal the necessary resources and energy those in training, to become profes- needed in our country. Thousands of families to catch up. That is why I introduced legisla- sionals, to get the most up-to-date living with autism on a daily basis have to tion H.R. 3703 to require the President to call, practices, and to be informed by the cope in their own way and fight to find avail- not later than December 31, 2010, a White most current research findings. able resources and services for their children, House Conference on Autism. Therefore, in There is an urgent need to translate or in the case of adult individuals with autism addition to lending their support to the ‘‘Train- current and future research results services to help them live independent and ing and Research for Autism Improvements into effective practices that can be im- productive lives. All too often, there is little to Nationwide Act’’, I am also urging all of my plemented to support children and no coordination between service providers, colleagues to join in cosponsoring H.R. 3703. adults with autism spectrum disorders government agencies, and the medical/aca- Mr. Speaker, I thank you for the opportunity and related disabilities, including early demic community who are researching and to speak in support of both the ‘‘Training and intervention in preschool programs, in trying to unlock the mysteries of ASDs. The Research for Autism Improvements Nation- child care, in community schools, to ‘‘Training and Research for Autism Improve- wide Act’’ and the ‘‘White House Conference health providers, to employment sites, ments Nationwide Act’’ is a first step in filling on Autism Act of 2009.’’ in community living, and to first re- these gaps. Mr. WHITFIELD. I urge Members to sponders. This bill will do that, too. Specifically, the ‘‘Training and Research for support this legislation, and I yield I think it is important to note for my Autism Improvements Nationwide Act’’ would back the balance of my time. colleagues and I want them to know we authorize the establishment of a new Federal Mr. PALLONE. I urge the passage of are not re-creating the wheel. The bill program to provide technical assistance to im- the bill, and I yield back the balance of is based on expanding and enhancing prove services rendered to children and adults my time. the network of University Centers of with autism, and their families and to expand The SPEAKER pro tempore. The Excellence on developmental disabil- the number of University Centers for Excel- question is on the motion offered by ities, known as Yoo-Seds. My col- lence in Developmental Disabilities Education, the gentleman from New Jersey (Mr. leagues should know that the bill helps Research, and Service. Grants would go to PALLONE) that the House suspend the minority-serving institutions gain the University Centers for Excellence to provide rules and pass the bill, H.R. 5756, as skillsets and resources to work with individuals—including parents, health, allied amended. and to serve currently underserved health, vocational, and educational profes- The question was taken. populations. People like NFL star Rod- sionals—with interdisciplinary training, con- The SPEAKER pro tempore. In the ney Peete’s wife, Holly Robinson Peete, tinuing education, technical assistance, and in- opinion of the Chair, two-thirds being have helped others understand that au- formation to improve services provided to chil- in the affirmative, the ayes have it. tism doesn’t know race and can affect dren and adults with autism and their families. Mr. BROUN of Georgia. Mr. Speaker, any family. The bill also authorizes grant money to a na- on that I demand the yeas and nays. You should also know that this bill is tional organization to provide training and The yeas and nays were ordered. supported by groups like Autism technical assistance to do the following: assist The SPEAKER pro tempore. Pursu- Speaks, the Autism Society of Amer- in the dissemination of information; develop a ant to clause 8 of rule XX and the ica, self-advocates from the Autism web portal; compile and disseminate materials Chair’s prior announcement, further Self-Advocate Network, and many for training and technical assistance so that proceedings on this motion will be other organizations. For those reasons, the entire network can benefit from items de- postponed. I ask my colleagues to vote ‘‘yes’’ on veloped at individual centers; and convene ex- f this bill. pert panels to exchange ideas and make rec- Before I forget, I would like to thank ommendations that further training, assess- COMBAT METHAMPHETAMINE Anne Morris with Chairman WAXMAN, ment, interventions, services, and support for ENHANCEMENT ACT OF 2010 Emily Gibbons with Chairman individuals living with autism. Mr. PALLONE. Mr. Speaker, I move PALLONE, and Kenneth DeGraff on my Another grant would be awarded to not to suspend the rules and pass the bill staff for their hard work on this bill. more than 4 new University Centers to facili- (H.R. 2923) to enhance the ability to Thank you again, Chairman tate outreach and collaboration with minority combat methamphetamine, as amend- PALLONE. I hope you and I can continue institutions. ed. to work on other items on the autism I want to thank Representatives SMITH and The Clerk read the title of the bill. agenda, including a reauthorization of DOYLE for working to bring this important bill to The text of the bill is as follows: the CAA law. the House floor for a vote. As a member of H.R. 2923 Mr. WHITFIELD. I would just like to the Coalition on Autism Research and Edu- Be it enacted by the Senate and House of Rep- reiterate what the gentleman from cation also known as the Congressional Au- resentatives of the United States of America in Pennsylvania said, which is that early tism Caucus, I have worked closely with both Congress assembled, detection can make all the difference Representative DOYLE and SMITH on autism SECTION 1. SHORT TITLE. in the world. This legislation goes a awareness issues and I’m proud to join them This Act may be cited as the ‘‘Combat long way in providing assistance and in in supporting this initiative. While I believe that Methamphetamine Enhancement Act of aiding in early detection. the ‘‘Training and Research for Autism Im- 2010’’.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6847 SEC. 2. REQUIREMENT OF SELF-CERTIFICATION plementation of this Act by the effective Twelve years ago, much like Mr. BY ALL REGULATED PERSONS SELL- date. DOYLE was just talking about his ten- ING SCHEDULED LISTED CHEMI- SEC. 7. BUDGETARY EFFECTS. CALS. ure here in the House being defined by The budgetary effects of this Act, for the Section 310(e)(2) of the Controlled Sub- his extraordinary work in the area of purpose of complying with the Statutory stances Act (21 U.S.C. 830(e)(2)) is amended Pay-As-You-Go Act of 2010, shall be deter- autism, in many ways mine has been by inserting at the end the following: mined by reference to the latest statement defined over the last 12 years by fight- ‘‘(C) Each regulated person who makes a titled ‘‘Budgetary Effects of PAYGO Legisla- ing methamphetamine production in sale at retail of a scheduled listed chemical tion’’ for this Act, submitted for printing in the Southeast, particularly in east product and is required under subsection the Congressional Record by the Chairman of Tennessee, where it surfaced in the late (b)(3) to submit a report of the sales trans- the House Budget Committee, provided that action to the Attorney General may not sell 1990s after coming to this country, such statement has been submitted prior to really, in terms of production, in about any scheduled listed chemical product at re- the vote on passage. tail unless such regulated person has sub- 1993. It surfaced first in California. mitted to the Attorney General a self-certifi- The SPEAKER pro tempore. Pursu- Then it came to the mountains of east cation including a statement that the seller ant to the rule, the gentleman from Tennessee. understands each of the requirements that New Jersey (Mr. PALLONE) and the gen- Much like moonshine did two genera- apply under this paragraph and under sub- tleman from Kentucky (Mr. WHITFIELD) tions earlier, it was a clandestine proc- section (d) and agrees to comply with the re- each will control 20 minutes. ess where citizens would put together quirements. The Attorney General shall by The Chair recognizes the gentleman the chemicals to make it. It stunk regulation establish criteria for certifi- from New Jersey. cations of mail-order distributors that are really bad, so they would do it out in GENERAL LEAVE consistent with the criteria established for the middle of the mountains and the the certifications of regulated sellers under Mr. PALLONE. Mr. Speaker, I ask hills, and they would get as far away paragraph (1)(B).’’. unanimous consent that all Members from urban centers as they could; but SEC. 3. PUBLICATION OF SELF-CERTIFIED REGU- may have 5 legislative days in which to because the drug is so deadly and ad- LATED SELLERS AND REGULATED revise and extend their remarks and to dictive, it encroached on other areas. PERSONS LISTS. include extraneous material in the We saw, frankly, the States that Section 310(e)(1)(B) of the Controlled Sub- RECORD. stances Act (21 U.S.C. 830(e)(1)(B)) is amend- took the leadership take ephedrine and The SPEAKER pro tempore. Is there pseudoephedrine from behind the ed by inserting at the end the following: objection to the request of the gen- ‘‘(v) PUBLICATION OF LIST OF SELF-CERTIFIED counter. They made it harder to get. PERSONS.—The Attorney General shall de- tleman from New Jersey? They enforced a lot of rules at the velop and make available a list of all persons There was no objection. State level, and it really knocked back Mr. PALLONE. I yield myself such who are currently self-certified in accord- the domestic production of metham- ance with this section. This list shall be time as I may consume. Mr. Speaker, I rise today in strong phetamine. We still have a huge prob- made publicly available on the website of the lem of methamphetamine coming in Drug Enforcement Administration in an support of H.R. 2923, the Combat Meth- electronically downloadable format.’’. amphetamine Enhancement Act of across the border, particularly through the transit country of Mexico, but this SEC. 4. REQUIREMENT THAT DISTRIBUTORS OF 2010. LISTED CHEMICALS SELL ONLY TO H.R. 2923 is designed to respond to has helped us greatly combat the pro- SELF-CERTIFIED REGULATED SELL- problems that the Drug Enforcement duction. ERS AND REGULATED PERSONS. In east Tennessee, we formed the Section 402(a) of the Controlled Substances Agency has identified in the implemen- tation of the Combat Methamphet- Southeast Tennessee Meth Task Force, Act (21 U.S.C. 842(a)) is amended— which is a premiere local, State, and (1) in paragraph (13), by striking ‘‘or’’ after amine Epidemic Act of 2006. That 2006 the semicolon; law required retail sellers of ephedrine Federal partnership because metham- (2) in paragraph (14), by striking the period and pseudoephedrine products to file a phetamine production can’t be com- and inserting ‘‘; or’’; self-certification attesting that they bated exclusively at the State and (3) by inserting after paragraph (14) the fol- have trained their personnel about the local levels. It just simply can’t. They lowing: law and its requirements. According to didn’t have the resources to surveil it. ‘‘(15) to distribute a scheduled listed chem- It became a toxic site where it was ical product to a regulated seller, or to a reg- the DEA, thousands of sellers have not yet self-certified. This legislation is de- made, and they didn’t have the re- ulated person referred to in section sources to clean it up, so we formed 310(b)(3)(B), unless such regulated seller or signed to improve compliance with the regulated person is, at the time of such dis- 2006 law, and it will provide the DEA this partnership. It grew to become the tribution, currently registered with the Drug with enforcement tools, like civil fines. East Tennessee Meth Task Force, and Enforcement Administration, or on the list I want to commend Representative now it is a premiere statewide task of persons referred to under section GORDON as well as Senator FEINSTEIN force. 310(e)(1)(B)(v).’’; and for their leadership on this legislation. We have had tremendous success in (4) by inserting at the end the following: I also want to thank Ranking Members combating methamphetamine produc- ‘‘For purposes of paragraph (15), if the dis- tion in Tennessee, but we have to con- tributor is temporarily unable to access the SHIMKUS and BARTON for working with us in moving this bill forward so quick- tinue to modernize the laws, including list of persons referred to under section adding a Federal component, in order 310(e)(1)(B)(v), the distributor may rely on a ly. written, faxed, or electronic copy of a certifi- Mr. Speaker, I urge my colleagues to for drug professionals to be able to cate of self-certification submitted by the support the bill. keep ephedrine and pseudoephedrine regulated seller or regulated person, pro- I reserve the balance of my time. out of the hands of people who are ad- vided the distributor confirms within 7 busi- Mr. WHITFIELD. I want to thank dicted to methamphetamine, because ness days of the distribution that such regu- Congressmen PALLONE and SHIMKUS for they produce this most of the time for lated seller or regulated person is on the list bringing this important legislation to use. As a result, this is just a deadly, referred to under section 310(e)(1)(B)(v).’’. the floor. We all recognize the dev- deadly disease out in the hinterland of SEC. 5. NEGLIGENT FAILURE TO SELF-CERTIFY America, and we have got to fight it. AS REQUIRED. astating effect of methamphetamines. Section 402(a)(10) of the Controlled Sub- Mr. Speaker, at this time I yield 5 This bill is another step in the right di- stances Act (21 U.S.C. 842(a)(10)) is amended minutes to the gentleman from Ten- rection. by inserting before the semicolon the fol- nessee (Mr. WAMP), who has been a true Congressman GORDON from Tennessee lowing: ‘‘or negligently to fail to self-certify leader in combating methampheta- and I have been working together. Con- as required under section 310’’. mines. gressman COOPER from Tennessee and I SEC. 6. EFFECTIVE DATE AND REGULATIONS. Mr. WAMP. I thank the committees passed a bill a few years ago to actu- (a) EFFECTIVE DATE.—This Act and the of jurisdiction, and I thank the leader- ally create Federal grant support for amendments made by this Act shall take ef- ship from the majority side and from the children who are taken out of meth fect 180 days after the date of enactment of the minority side. homes because when a meth home is this Act. (b) REGULATIONS.—In promulgating the Mr. Speaker, this is a bill that effec- infected by this plague, many times regulations authorized by section 2, the At- tively gives our drug enforcement lead- the children become wards of the torney General may issue regulations on an ership the tools that they need to con- State, and there was little help there interim basis as necessary to ensure the im- tinues this fight. at the State level as well.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6848 CONGRESSIONAL RECORD — HOUSE September 22, 2010 b 1710 Over the past decade, methamphetamines scribed in subsection (g)(4) if the following con- So if this plague of methamphet- have emerged as one of the most dangerous ditions are met: homegrown drugs. Ranking as one of the ‘‘(A) The service is provided to the individual amine has not come to your hometown, at the facilities of an entity described in sub- unfortunately, it will soon, and it’s most widely used illicit drugs in the world, it section (g)(4), or through offsite programs or something that requires a Federal com- has become the most prevalent drug problem events carried out by the entity. ponent. in many Western and Midwestern states, and ‘‘(B) The entity is sponsoring the health care This is a good bill. I urge the entire is emerging on the East Coast. Congress practitioner pursuant to paragraph (3)(B). House to stand together and pass this made great efforts in the fight against ‘‘(C) The health care practitioner does not re- piece of legislation, thanking the com- methamphetamines with the enactment of the ceive any compensation for the service from the Combat Methamphetamine Epidemic Act. individual or from any third-party payer (in- mittees of jurisdiction and the original cluding reimbursement under any insurance pol- sponsor, Mr. BART GORDON of Ten- However, while many of the provisions in the icy or health plan, or under any Federal or nessee. comprehensive legislation have had positive State health benefits program), except that the Mr. PALLONE. Mr. Speaker, I con- results, including a sharp decline in national health care practitioner may receive repayment tinue to reserve. methamphetamine lab seizures; manufactur- from the entity described in subsection (g)(4) for Mr. WHITFIELD. When you talk to ers, traffickers and abusers continue to search reasonable expenses incurred by the health care law enforcement officers anywhere in for loopholes in the law. practitioner in the provision of the service to the America today, they will tell you that H.R. 2923 is a common sense bill, designed individual. about 80 percent of the crimes com- ‘‘(D) Before the service is provided, the health to strengthen the implementation of the Com- care practitioner or the entity described in sub- mitted in America are the direct result bat Methamphetamine Epidemic Act. This bill section (g)(4) posts a clear and conspicuous no- of some type of drug. Methamphet- would create incentives to ensure that the tice at the site where the service is provided of amine is certainly one of those. verification process of the law is made both ef- the extent to which the legal liability of the In Kentucky, we have the Pennyrile fective and enforceable. I urge my colleagues health care practitioner is limited pursuant to Drug Task Force. And when I think to support this legislation. this subsection. about the passage of this legislation, I Mr. WHITFIELD. Mr. Speaker, I ‘‘(E) At the time the service is provided, the think of a gentleman named Cheyenne yield back the balance of my time. health care practitioner is licensed or certified Albro who started that task force and in accordance with applicable law regarding the Mr. PALLONE. Mr. Speaker, I yield provision of the service. who was a true leader in combatting back the balance of my time and ask ‘‘(3) Subsection (g) (other than paragraphs (3) methamphetamine and who, unfortu- that the bill pass. and (5)) and subsections (h), (i), and (l) apply nately, died a couple of weeks ago, but The SPEAKER pro tempore. The to a health care practitioner for purposes of this I know he would be very proud of this question is on the motion offered by subsection to the same extent and in the same act. the gentleman from New Jersey (Mr. manner as such subsections apply to an officer, I would urge that this legislation be PALLONE) that the House suspend the governing board member, employee, or con- adopted. rules and pass the bill, H.R. 2923, as tractor of an entity described in subsection (g)(4), subject to paragraph (4) and subject to Mr. SENSENBRENNER. Mr. Speaker, in amended. 2006, Congress took significant steps to re- the following: The question was taken; and (two- ‘‘(A) The first sentence of paragraph (1) ap- duce methamphetamine production and dis- thirds being in the affirmative) the plies in lieu of the first sentence of subsection tribution by passing the Combat Methamphet- rules were suspended and the bill, as (g)(1)(A). amine Epidemic Act. Today, the House will amended, was passed. ‘‘(B) With respect to an entity described in consider H.R. 2923, the Combat Methamphet- A motion to reconsider was laid on subsection (g)(4), a health care practitioner is amine Enhancement Act, which will address the table. not a health professional volunteer at such enti- problems that the Drug Enforcement Adminis- ty unless the entity sponsors the health care f tration (DEA) has identified in the implementa- practitioner. For purposes of this subsection, the entity shall be considered to be sponsoring the tion of the Combat Methamphetamine Epi- FAMILY HEALTH CARE ACCESSIBILITY ACT OF 2010 health care practitioner if— demic Act. H.R. 2923 aims to strengthen en- ‘‘(i) with respect to the health care practi- forcement measures and ensure that retailers Mr. PALLONE. Mr. Speaker, I move tioner, the entity submits to the Secretary an are in full compliance with the law. to suspend the rules and pass the bill application meeting the requirements of sub- Prior to passage of the Combat Meth- (H.R. 1745) to amend the Public Health section (g)(1)(D); and amphetamine Epidemic Act, it was common Service Act to provide liability protec- ‘‘(ii) the Secretary, pursuant to subsection (g)(1)(E), determines that the health care practi- practice for methamphetamine dealers to go tions for volunteer practitioners at into stores, load up shopping carts with cold tioner is deemed to be an employee of the Public health centers under section 330 of such Health Service. medicines, break open the blister packs, and Act, as amended. ‘‘(C) In the case of a health care practitioner use the pseudoephedrine and ephedrine to The Clerk read the title of the bill. who is determined by the Secretary pursuant to make methamphetamine. The Combat Meth- The text of the bill is as follows: subsection (g)(1)(E) to be a health professional amphetamine Epidemic Act stopped this prac- H.R. 1745 volunteer at such entity, this subsection applies tice, by requiring that cold medicines con- to the health care practitioner (with respect to Be it enacted by the Senate and House of Rep- taining pseudoephedrine and ephedrine be services performed on behalf of the entity spon- resentatives of the United States of America in soring the health care practitioner pursuant to placed behind a pharmacy counter, requiring Congress assembled, signature and proof of identification before subparagraph (B)) for any cause of action aris- SECTION 1. SHORT TITLE. ing from an act or omission of the health care purchase, and limiting how much of these This Act may be cited as the ‘‘Family Health practitioner occurring on or after the date on medicines a person can buy in a day or Care Accessibility Act of 2010’’. which the Secretary makes such determination. month. However, the law contains a loophole SEC. 2. LIABILITY PROTECTIONS FOR HEALTH ‘‘(D) Subsection (g)(1)(F) applies to a health that allows retailers to continue to sell prod- PROFESSIONAL VOLUNTEERS AT care practitioner for purposes of this subsection ucts containing pseudoephedrine and ephed- COMMUNITY HEALTH CENTERS. only to the extent that, in providing health serv- rine without showing that their employees are Section 224 of the Public Health Service Act ices to an individual, each of the conditions complying with the law’s requirement. (42 U.S.C. 233) is amended by adding at the end specified in paragraph (2) is met. the following: H.R. 2923 will require retailers of ‘‘(4)(A) Amounts in the fund established ‘‘(q)(1) For purposes of this section, a health under subsection (k)(2) shall be available for pseudoephedrine and ephedrine products to professional volunteer at an entity described in transfer under subparagraph (C) for purposes of verify with the DEA that they have trained their subsection (g)(4) shall, in providing a health carrying out this subsection. staff in the requirements of the Combat Meth- professional service eligible for funding under ‘‘(B) Not later May 1 of each fiscal year, the amphetamine Epidemic Act. If they don’t, they section 330 to an individual, be deemed to be an Attorney General, in consultation with the Sec- simply won’t be able to purchase pseudoe employee of the Public Health Service for a cal- retary, shall submit to the Congress a report phedrine products from distributors. The DEA endar year that begins during a fiscal year for providing an estimate of the amount of claims needs every resource available to enforce the which a transfer was made under paragraph (together with related fees and expenses of wit- (4)(C). The preceding sentence is subject to the nesses) that, by reason of the acts or omissions tough drug laws already on the books. This provisions of this subsection. of health professional volunteers, will be paid measure will curb drug manufacturers’ access ‘‘(2) In providing a health service to an indi- pursuant to this section during the calendar to ephedrine or pseudoe vidual, a health care practitioner shall for pur- year that begins in the following fiscal year. phedrine, while keeping these products avail- poses of this subsection be considered to be a Subsection (k)(1)(B) applies to the estimate able to responsible consumers. health professional volunteer at an entity de- under the preceding sentence regarding health

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6849 professional volunteers to the same extent and TON, for their support and commitment not because the centers are not able to in the same manner as such subsection applies in getting this bill to the floor. cover the costs of medical liability in- to the estimate under such subsection regarding I urge my colleagues to support the surance for the doctors and nurses. officers, governing board members, employees, bill. Medical liability insurance can cost and contractors of entities described in sub- I reserve the balance of my time. section (g)(4). tens of thousands of dollars, and, in ‘‘(C) Not later than December 31 of each fiscal Mr. WHITFIELD. I also want to some cases, well over $100,000 per year year, the Secretary shall transfer from the fund thank Mr. GREEN of Texas and Mr. per doctor, and the clinics simply can- under subsection (k)(2) to the appropriate ac- MURPHY for their leadership on this not cover that expense. Here’s why: counts in the Treasury an amount equal to the issue. Practitioners employed by the commu- estimate made under subparagraph (B) for the All of us recognize the importance of nity health centers are covered by the calendar year beginning in such fiscal year, community health centers. They are Federal Torts Claim Act, which ex- subject to the extent of amounts in the fund. spreading throughout the country and tends Federal liability protection to ‘‘(5)(A) This subsection takes effect on Octo- they are playing an important role in ber 1, 2011, except as provided in subparagraph those volunteer doctors. Oddly enough, (B). providing primary health care for the the opposite applies at free clinics, ‘‘(B) Effective on the date of the enactment of American people. where volunteers are covered by the this subsection— At this time I would like to yield 5 FTCA, while those who are employed ‘‘(i) the Secretary may issue regulations for minutes to one of the real leaders in at free clinics are not covered. carrying out this subsection, and the Secretary this area, Mr. MURPHY of Pennsylvania. The Congressional Budget Office said may accept and consider applications submitted Mr. TIM MURPHY of Pennsylvania. that medical liability insurance costs pursuant to paragraph (3)(B); and Mr. Speaker, community health cen- pose a ‘‘significant barrier’’ for many ‘‘(ii) reports under paragraph (4)(B) may be ters provide a neighborhood medical submitted to the Congress.’’. providers who otherwise would be eager home that is both high quality and to volunteer at health centers. This The SPEAKER pro tempore. Pursu- lower cost. They are more than just a bill, H.R. 1745, fixes this disparity and ant to the rule, the gentleman from doctor’s office; they are a place where opens the door for volunteer providers New Jersey (Mr. PALLONE) and the gen- a child can see a pediatrician and an at clinics all over America. This bill, tleman from Kentucky (Mr. WHITFIELD) adult can see an internist. You can get which I introduced with Representative each will control 20 minutes. dental care, mental health services, or GENE GREEN, will eliminate the bar- The Chair recognizes the gentleman prenatal care. You can go there when riers for millions of patients seeking from New Jersey. you are getting a cold instead of run- care in these neighborhood health care GENERAL LEAVE ning up big costs at an emergency homes and will allow thousands of Mr. PALLONE. Mr. Speaker, I ask room. practitioners to volunteer their exper- unanimous consent that all Members The doctors, dentists, nurse practi- tise for high-quality, low-cost patient may have 5 legislative days in which to tioners, and other medical profes- care. revise and extend their remarks and in- sionals are under one roof; and they co- The Congressional Budget Office esti- clude extraneous material in the ordinate your care, working as a team mated that the cost of this bill could RECORD. for your family’s health in a one-stop be as little as $5 million a year for 5 The SPEAKER pro tempore. Is there wellness center, and the costs per pa- years, and, in return, the clinics re- objection to the request of the gen- tient are far, far below the costs one ceive hundreds of millions of dollars tleman from New Jersey? would pay if you went to a hospital or worth of free health care services for There was no objection. private practice. That coordinated ef- those living in underserved commu- Mr. PALLONE. Mr. Speaker, I yield fort saves a lot of money through pre- nities. And because this funding is part myself such time as I may consume. ventative care, keeping you up with of the health centers program’s annual Mr. Speaker, I rise today in strong immunizations and providing quality appropriations, this funding is not a support of H.R. 1745, the Family Health medical intervention when you need it scored cost. The dedicated health cen- Care Accessibility Act. The bill is au- at one of these 1,250 nonprofit commu- ter fund means that the slight addi- thored by my colleagues on the Energy nity health centers. tional cost to the FTCA program will and Commerce Committee, Mr. MUR- In our Nation’s $2.4 trillion health require no new appropriations. I re- PHY of Pennsylvania and Mr. GREEN of care system, the community health peat: The slight additional cost will re- Texas, and obviously it enjoys strong centers are credited with saving nearly quire no new annual appropriations. bipartisan support. $25 billion each year. Families save I am grateful for the support of my The bill would provide liability pro- money and Medicaid saves money. On colleagues—Representative GENE tections for health care workers who average, a person using a community GREEN, FRANK PALLONE, JOHN SHIMKUS, volunteer to work at community health center saves $1,100 per year on PHIL GINGREY, Ranking Member JOE health centers. Very similar protec- health care costs, according to a recent BARTON, and Chairman HENRY WAX- tions are already provided for the em- study by George Washington Univer- MAN—for working with me on this leg- ployees and contractors of such cen- sity. That’s the good news. The sad islation, and also my staff—Brad ters. The bill, as introduced, would news is that there is a serious shortage Grantz and Susan Mosychuk. have provided such protection only to of health care providers at these cen- Mr. Speaker, we in Congress have a physicians and psychologists, but the ters, and no matter now great the cen- chance to do something to expand care committee adopted an amendment that ter, if there are long delays because of to millions of Americans with this act expanded coverage to all health care the shortage, then health care delayed without raising the health care bills workers who are volunteers at CHCs so is health care denied. for families. This is an example of real long as they are working within their Health centers located in medically bipartisan reform that helps people get appropriate scope of practice and licen- underserved urban or rural areas report the health care they need when they sure and are performing work that is a 27 percent shortage of dentists, a 26 need it close to home at an affordable appropriate to the center. percent shortage of OB/GYNs that cost. Isn’t that what we all want with CBO has estimated that the bill will could be providing prenatal care, and a health care? not affect mandatory spending or rev- 13 percent shortage of family physi- So let’s say ‘‘yes’’ to community enue and is not subject to the PAYGO cians. The centers simply do not have health centers, ‘‘yes’’ to families, rules. Versions of this legislation have enough money to hire the additional ‘‘yes’’ to doctors who want to volunteer passed in the House in previous years, staff required to cover the growing pa- their care, ‘‘yes’’ to affordable and ac- so I hope this bill will become law. tient needs, but there is an answer. cessible care to millions of families, Again, I want to thank Mr. MURPHY Many health professionals, especially and please say ‘‘yes’’ to H.R. 1745, the and Mr. GREEN for all their hard work part-time workers or highly qualified, Family Health Care Accessibility Act. on this legislation. As well, I want to semi-retired medical providers are will- Mr. PALLONE. Mr. Speaker, I yield express my appreciation to our minor- ing and able, but not allowed to do so. such time as he may consume to my ity leaders on health legislation in the That’s right. They want to volunteer colleague from Texas, Representative committee, Mr. SHIMKUS and Mr. BAR- their time, but they cannot. They can- GREEN. But before I do that, let me just

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6850 CONGRESSIONAL RECORD — HOUSE September 22, 2010 say that he has been an outstanding I yield back the balance of my time. or revise (after publishing proposed additions leader on community health centers. Mr. PALLONE. Mr. Speaker, I also and revisions in the Federal Register and receiv- He sponsored the bill that reauthorized urge passage of the bill. ing public comments thereon) minimum require- the community health centers, and he I yield back the balance of my time. ments for criteria to be used by States for pur- The SPEAKER pro tempore. The poses of clauses (ii), (v), (vi), and (vii) of sub- is always looking out for ways to im- section (c)(1)(A).’’; prove what goes on there. question is on the motion offered by (3) in subsection (c)— the gentleman from New Jersey (Mr. b 1720 (A) in paragraph (1)(B)— PALLONE) that the House suspend the (i) in the matter preceding clause (i), by strik- Mr. GENE GREEN of Texas. I thank rules and pass the bill, H.R. 1745, as ing ‘‘(a)(1)(B)’’ and inserting ‘‘(a)(1)(B) or the chairman of the Health Sub- amended. (a)(1)(C)’’; committee for those kind words but The question was taken. (ii) in clause (i), by striking ‘‘program to be also for this legislation. I would also The SPEAKER pro tempore. In the improved’’ and inserting ‘‘program to be im- like to thank the full committee chair, opinion of the Chair, two-thirds being proved or maintained’’; and HENRY WAXMAN; and our ranking mem- (iii) in clause (iv), by striking ‘‘public health’’ in the affirmative, the ayes have it. and inserting ‘‘public health or public safety’’; ber, JOE BARTON; along with our rank- Mr. TIM MURPHY of Pennsylvania. (B) in paragraph (3)— ing member on our subcommittee, Con- Mr. Speaker, on that I demand the yeas (i) by striking ‘‘If a State that submits’’ and gressman SHIMKUS from Illinois, for the and nays. inserting the following: support of this bill; and all of the Mem- The yeas and nays were ordered. ‘‘(A) IN GENERAL.—If a State that submits’’; bers on the Energy and Commerce The SPEAKER pro tempore. Pursu- (ii) by inserting before the period at the end Committee. ant to clause 8 of rule XX and the ‘‘and include timelines for full implementation I rise in strong support of H.R. 1745, Chair’s prior announcement, further of such interoperability’’; and the Family Health Care Accessibility (iii) by adding at the end the following: proceedings on this motion will be ‘‘(B) MONITORING OF EFFORTS.—The Secretary Act. H.R. 1745 will extend Federal Tort postponed. Claim coverage for licensed volunteer shall monitor State efforts to achieve interoper- f ability, as described in subparagraph (A).’’; practitioners for section 330 services (C) in paragraph (5)— provided under the Public Health Serv- NATIONAL ALL SCHEDULES PRE- (i) by striking ‘‘implement or improve’’ and in- ice Act in community health centers. SCRIPTION ELECTRONIC RE- serting ‘‘establish, improve, or maintain’’; and This legislation will allow licensed PORTING REAUTHORIZATION ACT (ii) by adding at the end the following: ‘‘The practitioners to volunteer and provide OF 2010 Secretary shall redistribute any funds that are them adequate tort claims protection Mr. PALLONE. Mr. Speaker, I move so returned among the remaining grantees equal to employees of the community under this section in accordance with the for- to suspend the rules and pass the bill mula described in subsection (a)(2)(B).’’; health centers. (H.R. 5710) to amend and reauthorize A March 2006 study in the Journal of (4) in the matter preceding paragraph (1) in the controlled substance monitoring subsection (d), by striking ‘‘In implementing or the American Medical Association program under section 399O of the Pub- improving’’ and all that follows through found community health centers had a lic Health Service Act, as amended. ‘‘(a)(1)(B)’’ and inserting ‘‘In establishing, im- 13 percent vacancy rate for family phy- The Clerk read the title of the bill. proving, or maintaining a controlled substance sicians, 9 percent for internists, a 20 The text of the bill is as follows: monitoring program under this section, a State percent vacancy rate for OB–GYNs, an shall comply, or with respect to a State that ap- H.R. 5710 8 percent vacancy rate for podiatrists, plies for a grant under subparagraph (B) or (C) a 22 percent vacancy rate for psychia- Be it enacted by the Senate and House of Rep- of subsection (a)(1)’’; resentatives of the United States of America in (5) in subsections (e), (f)(1), and (g), by strik- trists, and an 18 percent vacancy rate Congress assembled, for dentists. If we rely on community ing ‘‘implementing or improving’’ each place it SECTION 1. SHORT TITLE. appears and inserting ‘‘establishing, improving, health centers as medical homes, we This Act may be cited as the ‘‘National All or maintaining’’; need to increase the number of health Schedules Prescription Electronic Reporting Re- (6) in subsection (f)— care providers—including volunteer authorization Act of 2010’’. (A) in paragraph (1)(B) by striking ‘‘misuse of practitioners. So many qualified indi- SEC. 2. AMENDMENT TO PURPOSE. a schedule II, III, or IV substance’’ and insert- viduals want to volunteer their time Paragraph (1) of section 2 of the National All ing ‘‘misuse of a controlled substance included but are afraid to do so because they do Schedules Prescription Electronic Reporting Act in schedule II, III, or IV of section 202(c) of the not have Federal Tort Claim protection of 2005 (Public Law 109–60) is amended to read Controlled Substance Act’’; and and the Government Accountability as follows: (B) by adding at the end the following: ‘‘(1) foster the establishment of State-adminis- ‘‘(3) EVALUATION AND REPORTING.—Subject to Office has found that doctors and tered controlled substance monitoring systems in subsection (g), a State receiving a grant under nurses choose not to volunteer their order to ensure that— subsection (a) shall provide the Secretary with skills at community health centers be- ‘‘(A) health care providers have access to the aggregate data and other information deter- cause medical liability insurance is too accurate, timely prescription history informa- mined by the Secretary to be necessary to enable costly for individuals to purchase on tion that they may use as a tool for the early the Secretary— their own. identification of patients at risk for addiction in ‘‘(A) to evaluate the success of the State’s pro- We can address the workforce short- order to initiate appropriate medical interven- gram in achieving its purposes; or age in health centers by clarifying that tions and avert the tragic personal, family, and ‘‘(B) to prepare and submit the report to Con- gress required by subsection (k)(2). medical malpractice coverage is pro- community consequences of untreated addiction; and ‘‘(4) RESEARCH BY OTHER ENTITIES.—A depart- vided to clinicians who wish to volun- ‘‘(B) appropriate law enforcement, regulatory, ment, program, or administration receiving non- teer their time working at the commu- and State professional licensing authorities identifiable information under paragraph (1)(D) nity health center. have access to prescription history information may make such information available to other I want to thank Congressman MUR- for the purposes of investigating drug diversion entities for research purposes.’’; PHY from Pennsylvania for sponsoring and prescribing and dispensing practices of er- (7) by redesignating subsections (h) through the legislation. Again, this will mark rant prescribers or pharmacists; and’’. (n) as subsections (i) through (o), respectively; the third time we’ve worked together SEC. 3. AMENDMENTS TO CONTROLLED SUB- (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ‘‘subsection (h)’’ each place it appears to pass this legislation in the House. It STANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act and inserting ‘‘subsection (i)’’; was in the health care reform bill, but (42 U.S.C. 280g–3) is amended— (9) by inserting after subsection (g) the fol- the Senate did not include it in their (1) in subsection (a)(1)— lowing: version. (A) in subparagraph (A), by striking ‘‘or’’; ‘‘(h) EDUCATION AND ACCESS TO THE MONI- Again, Mr. Speaker, I want to thank (B) in subparagraph (B), by striking the pe- TORING SYSTEM.—A State receiving a grant the House, and hopefully we’ll pass this riod at the end and inserting ‘‘; or’’; and under subsection (a) shall take steps to— bill today again and give the Senate (C) by adding at the end the following: ‘‘(1) facilitate prescriber use of the State’s another opportunity. ‘‘(C) to maintain and operate an existing controlled substance monitoring system; and Mr. WHITFIELD. Mr. Speaker, I State-controlled substance monitoring pro- ‘‘(2) educate prescribers on the benefits of the gram.’’; system both to them and society.’’; think all of our speakers have ex- (2) by amending subsection (b) to read as fol- (10) by amending subsection (l), as redesig- plained very clearly why we need to lows: nated, to read as follows: support this legislation. I urge all of ‘‘(b) MINIMUM REQUIREMENTS.—The Secretary ‘‘(l) PREFERENCE.—Beginning 3 years after the our Members to support it. shall maintain and, as appropriate, supplement date on which funds are first appropriated to

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6851 carry out this section, the Secretary, in award- I would like to thank Mr. WHITFIELD thorize this important public health ing any competitive grant under title V that is for his leadership on this issue as well program. related to drug abuse (as determined by the Sec- as Mr. STUPAK—both of them have been Minor but important changes have retary) and for which only States or tribes are involved with the NASPER bill for been made to the program, including eligible to apply, may give preference to eligible allowing the use of grants to help States with applications approved under this some time, including the original au- section, to eligible States or tribes with existing thorization—and also our ranking States maintain their existing pro- controlled substance monitoring programs that members, SHIMKUS and BARTON. grams. This will allow cash-strapped meet minimum requirements under this section, I urge my colleagues to join me in States to continue to operate their or to eligible States or tribes that put forth a supporting H.R. 5710. monitoring programs under difficult good faith effort to meet those requirements (as I reserve the balance of my time. economic times. The legislation will determined by the Secretary).’’. Mr. WHITFIELD. I yield myself such also allow territories to be eligible for (11) in subsection (m)(1), as redesignated, by time as I may consume. grants. striking ‘‘establishment, implementation, or im- Mr. Speaker, this legislation, H.R. I urge my colleagues to vote in favor provement’’ and inserting ‘‘establishment, im- of this legislation. provement, or maintenance’’; 5710, would reauthorize the National All Schedules Prescription Electronic Mr. WHITFIELD. Mr. Speaker, I urge (12) in subsection (n)(8), as redesignated, by passage. striking ‘‘and the District of Columbia’’ and in- Reporting Act, known as NASPER, serting ‘‘, the District of Columbia, and any I yield back the balance of my time. which provides grants through HHS to Mr. PALLONE. Mr. Speaker, I would commonwealth or territory of the United the States to establish and operate pre- States’’; and like to yield such time as she may con- scription drug monitoring programs. sume to the gentlewoman from Texas, (13) by amending subsection (o), as redesig- I also want to thank Congressman nated, to read as follows: Ms. SHEILA JACKSON LEE. ‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—To STUPAK for his tremendous leadership. carry out this section, there are authorized to be Without him we wouldn’t have this bill b 1730 appropriated $15,000,000 for fiscal year 2011 and on the floor. Chairman PALLONE has Ms. JACKSON LEE of Texas. I want $10,000,000 for each of fiscal years 2012 and been helpful, Ranking Members BAR- to thank the manager of the bill, 2013.’’. TON and SHIMKUS. And I would also like Chairman PALLONE; and thank the au- The SPEAKER pro tempore. Pursu- to thank our late friend Charlie Nor- thor and, if you will, visionary of the ant to the rule, the gentleman from wood of Georgia, who was very much bill, Mr. STUPAK; and Mr. WHITFIELD New Jersey (Mr. PALLONE) and the gen- interested in this legislation. for their leadership. tleman from Kentucky (Mr. WHITFIELD) NASPER was designed to reduce pre- I rise today because this is an inter- each will control 20 minutes. scription drug abuse by providing phy- esting and important bit of legislation The Chair recognizes the gentleman sicians with the tools to stop the abuse as relates to physicians under the En- from New Jersey. before it starts. The law allows physi- ergy and Commerce and HHS. It’s im- GENERAL LEAVE cians to provide proper medication portant because it helps to track or de- Mr. PALLONE. Mr. Speaker, I ask therapy to patients while also cracking termine who might be an addict, and as unanimous consent that all Members down on the interstate diversion of pre- well to engage the medical profession may have 5 legislative days within scription medications. in helping to end or to stem the tide of which to revise and extend their re- Importantly, the law contains safe- prescription drug abuse. Interestingly enough, in this legisla- marks and include extraneous material guards to ensure this sensitive infor- mation is protected and accessed ap- tion there are privacy provisions, in the RECORD. which I want to applaud and to say to The SPEAKER pro tempore. Is there propriately. all those who may be listening, this is objection to the request of the gen- This is an important piece of legisla- a lifeline to stop the prescription drug tion. I urge all of our Members to sup- tleman from New Jersey? abuse through legitimate medical re- There was no objection. port it. sources and professionals, and as well Mr. PALLONE. Mr. Speaker, I yield I reserve the balance of my time. for those who are legitimately ill, pre- myself such time as I may consume. Mr. PALLONE. Mr. Speaker, I yield scription drugs are prescribed and they Mr. Speaker, I rise in strong support such time as he may consume to the find themselves addicted. of H.R. 5710, the National All Schedules gentleman from Michigan (Mr. STU- When I left Texas in the last 24 Prescription Electronic Reporting Re- PAK), who, as I said, has been involved hours, interestingly there was another with this NASPER legislation from the authorization Act, or as I call it, effort going forward, Mr. PALLONE, that NASPER. beginning. had to do with our Drug Enforcement State prescription drug monitoring Mr. STUPAK. I thank the gentleman Agency, where about 10 or so sites were programs track prescriptions so that for yielding me time. being set up to encourage people to law enforcement officials can address Mr. Speaker, I rise in support of this give back old or aged drugs in their and prevent diversion, and so pre- legislation. Five years ago, Congress drug cabinets, if you will, or in their scribers and public health authorities passed the National All Schedules Pre- prescription cabinets, or in their med- can prevent and respond to the poten- scription Electronic Reporting Act, or ical cabinets at home. And these sites tially devastating effects of prescrip- NASPER, into law, making it the only were in schools and community build- tion drug abuse. statutory authorized program to assist ings. The NASPER program, as it’s known, States in combating prescription drug As I read of this project, which obvi- was first authorized in 2005 and allows abuse of controlled substances through ously this was a proud effort, and I the Secretary to make grants to sup- prescription drug monitoring pro- want to congratulate law enforcement, port these State programs, and it also grams. I had a concern. The concern was pri- sets standards for privacy and inter- Congress realized that more needed vacy, whether or not this was coordi- operability. H.R. 5710 reauthorizes the to be done to aid States to set up or nated to ensure that if you gave a bot- NASPER program, enhances evalua- improve symptoms that enable au- tle of prescription drugs that still in tion and reporting, and makes other thorities to identify prescription drug fact was filled, whether or not there updates to the program. abusers as well as the problem doctors was a privacy procedure of either re- An amendment agreed to in our sub- who betray the high ethical standards moving those labels, or maybe they ex- committee changed the authorization of their profession by over or incor- pected you to remove those labels, and period from 5 to 3 years so the next re- rectly prescribing prescription drugs. then also what would be the ultimate authorization can take into account Five years ago, NASPER was passed results. If they saw someone returning the results of an agency evaluation of with bipartisan support after many five bottles of such and such that hap- the program scheduled to be completed years of hard work by many members pened to be an addictive drug and their in 2012. The amendment also clarified of our committee and Members on both names were on it, what kind of protec- language regarding granting preference sides of the aisle. tion, or what kind of treatment, or in certain other SAMSA programs to Today, I’m honored to again work what kind of referral would these indi- States that have prescription drug with my colleagues, Mr. WHITFIELD, viduals receive? I think that’s an im- monitoring programs. Mr. PALLONE, Mr. SHIMKUS, to reau- portant point.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6852 CONGRESSIONAL RECORD — HOUSE September 22, 2010 That is why I rise today on this legis- The yeas and nays were ordered. (2) Section 448 of such Act (42 U.S.C. 285g) lation, and I look forward to reviewing The SPEAKER pro tempore. Pursu- is amended by striking ‘‘mental retarda- this legislation, even as it passes, to ant to clause 8 of rule XX and the tion,’’ and inserting ‘‘intellectual disabil- assess whether or not our friends in the Chair’s prior announcement, further ities,’’. (3) Section 450 of such Act (42 U.S.C. 285g– legal end of it, the DEA in particular, proceedings on this motion will be 2) is amended to read as follows: postponed. and I would hope maybe that the rep- ‘‘SEC. 450. RESEARCH ON INTELLECTUAL DIS- resentatives from the DEA would meet f ABILITIES. with me in my office about their ap- ROSA’S LAW ‘‘The Director of the Institute shall con- proach to ensure that it has the re- duct and support research and related activi- quirements and the restraints that we Mr. PALLONE. Mr. Speaker, I move ties into the causes, prevention, and treat- see in this present legislation. I want to suspend the rules and pass the bill ment of intellectual disabilities.’’. to congratulate the authors of this leg- (S. 2781) to change references in Fed- (4) Section 641(a) of such Act (42 U.S.C. islation because of that very fact. eral law to mental retardation to ref- 291k(a)) is amended by striking ‘‘matters re- lating to the mentally retarded’’ and insert- I would just like to add one other erences to an intellectual disability, and to change references to a mentally ing ‘‘matters relating to individuals with in- point, if I could, as I close on my re- tellectual disabilities’’. marks. Having not been here for the retarded individual to references to an (5) Section 753(b)(2)(E) of such Act (42 legislation to deal with H.R. 5494, individual with an intellectual dis- U.S.C. 294c(b)(2)(E)) is amended by striking which is Ms. NORTON’s legislation, ability. ‘‘elderly mentally retarded individuals’’ and which talks about the National Park The Clerk read the title of the bill. inserting ‘‘elderly individuals with intellec- Service and Secretary of the Interior The text of the bill is as follows: tual disabilities’’. transferring certain properties to the S. 2781 (6) Section 1252(f)(3)(E) of such Act (42 Be it enacted by the Senate and House of Rep- U.S.C. 300d–52(f)(3)(E)) is amended by strik- District of Columbia, it may not be ing ‘‘mental retardation/developmental dis- equal, but I do want to make note that resentatives of the United States of America in Congress assembled, orders,’’ and inserting ‘‘intellectual disabil- the GSA is holding property that the ities or developmental disorders,’’. SECTION 1. SHORT TITLE. Texas Military History Museum has (g) HEALTH PROFESSIONS EDUCATION PART- This Act may be cited as ‘‘Rosa’s Law’’. been paying rent on or paying taxes on NERSHIPS ACT OF 1998.—Section 419(b)(1) of SEC. 2. INDIVIDUALS WITH INTELLECTUAL DIS- the Health Professions Education Partner- because of their belief it belongs to ABILITIES. ships Act of 1998 (42 U.S.C. 280f note) is them, and because the GSA had basi- (a) HIGHER EDUCATION ACT OF 1965.—Sec- amended by striking ‘‘mental retardation’’ cally lost the property or had forgotten tion 760(2)(A) of the Higher Education Act of and inserting ‘‘intellectual disabilities’’. 1965 (20 U.S.C. 1140(2)(A)) is amended by it existed. I look forward to them fol- (h) PUBLIC LAW 110–154.—Section 1(a)(2)(B) striking ‘‘mental retardation or’’. lowing at least the parameters of this of Public Law 110–154 (42 U.S.C. 285g note) is (b) INDIVIDUALS WITH DISABILITIES EDU- legislation, where they can transfer amended by striking ‘‘mental retardation’’ CATION ACT.— those assets to a very important and (1) Section 601(c)(12)(C) of the Individuals and inserting ‘‘intellectual disabilities’’. (i) NATIONAL SICKLE CELL ANEMIA, distinctive group, the Texas Military with Disabilities Education Act (20 U.S.C. COOLEY’S ANEMIA, TAY-SACHS, AND GENETIC Museum Association, that has now 1400(c)(12)(C)) is amended by striking ‘‘hav- DISEASES ACT.—Section 402 of the National made this a military museum for Tex- ing mental retardation’’ and inserting ‘‘hav- Sickle Cell Anemia, Cooley’s Anemia, Tay- ans and for America. This was cer- ing intellectual disabilities’’. Sachs, and Genetic Diseases Act (42 U.S.C. (2) Section 602 of such Act (20 U.S.C. 1401) tainly appropriate to do so. 300b–1 note) is amended by striking ‘‘leading is amended— Finally, I want to make sure that I to mental retardation’’ and inserting ‘‘lead- (A) in paragraph (3)(A)(i), by striking add my support to legislation, if it’s ing to intellectual disabilities’’. ‘‘with mental retardation’’ and inserting coming to the floor, dealing with (j) GENETIC INFORMATION NONDISCRIMINA- ‘‘with intellectual disabilities’’; and TION ACT OF 2008.—Section 2(2) of the Genetic Rosa’s Law, that is a Senate bill. And (B) in paragraph (30)(C), by striking ‘‘of Information Nondiscrimination Act of 2008 I will add supporting statements to the mental retardation’’ and inserting ‘‘of intel- (42 U.S.C. 2000ff note) is amended by striking record. lectual disabilities’’. ‘‘mental retardation,’’ and inserting ‘‘intel- But in conclusion, I think that this (c) ELEMENTARY AND SECONDARY EDUCATION lectual disabilities,’’. legislation, H.R. 5710, is a model for ACT OF 1965.—Section 7202(16)(E) of the Ele- (k) REFERENCES.—For purposes of each pro- what can be an important life saver in mentary and Secondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is amended by vision amended by this section— America, and that is to get people to be (1) a reference to ‘‘an intellectual dis- weaned off of addictive drugs, but have striking ‘‘mild mental retardation,’’ and in- serting ‘‘mild intellectual disabilities,’’. ability’’ shall mean a condition previously a way of processing and determining (d) REHABILITATION ACT OF 1973.— referred to as ‘‘mental retardation’’, or a where those drugs are, whether there is (1) Section 7(21)(A)(iii) of the Rehabilita- variation of this term, and shall have the an addicted person, and how they can tion Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is same meaning with respect to programs, or secure care. amended by striking ‘‘mental retardation,’’ qualifications for programs, for individuals So I ask my colleagues to support and inserting ‘‘intellectual disability,’’. with such a condition; and (2) Section 204(b)(2)(C)(vi) of such Act (29 (2) a reference to individuals with intellec- H.R. 5710, and I look forward to the tual disabilities shall mean individuals who Drug Enforcement Agency working U.S.C. 764(b)(2)(C)(vi)) is amended by striking ‘‘mental retardation and other develop- were previously referred to as individuals with my office on the kind of restraints mental disabilities’’ and inserting ‘‘intellec- who are ‘‘individuals with mental retarda- that are hopefully helpful when they tual disabilities and other developmental tion’’ or ‘‘the mentally retarded’’, or vari- have these mass campaigns for people disabilities’’. ations of those terms. to drop off old prescriptions and to (3) Section 501(a) of such Act (29 U.S.C. SEC. 3. REGULATIONS. make sure that they follow suit and do 791(a)) is amended, in the third sentence, by For purposes of regulations issued to carry the right thing for the people of this striking ‘‘President’s Committees on Em- out a provision amended by this Act— country. ployment of People With Disabilities and on (1) before the regulations are amended to Mr. PALLONE. Mr. Speaker, I urge Mental Retardation’’ and inserting ‘‘Presi- carry out this Act— (A) a reference in the regulations to men- passage of the bill. dent’s Disability Employment Partnership Board and the President’s Committee for tal retardation shall be considered to be a I yield back the balance of my time. People with Intellectual Disabilities’’. reference to an intellectual disability; and The SPEAKER pro tempore. The (e) HEALTH RESEARCH AND HEALTH SERV- (B) a reference in the regulations to the question is on the motion offered by ICES AMENDMENTS OF 1976.—Section 1001 of mentally retarded, or individuals who are the gentleman from New Jersey (Mr. the Health Research and Health Services mentally retarded, shall be considered to be PALLONE) that the House suspend the Amendments of 1976 (42 U.S.C. 217a–1) is a reference to individuals with intellectual rules and pass the bill, H.R. 5710, as amended by striking ‘‘the Mental Retarda- disabilities; and amended. tion Facilities and Community Mental (2) in amending the regulations to carry The question was taken. Health Centers Construction Act of 1963,’’. out this Act, a Federal agency shall ensure (f) PUBLIC HEALTH SERVICE ACT.— that the regulations clearly state— The SPEAKER pro tempore. In the (1) Section 317C(a)(4)(B)(i) of the Public (A) that an intellectual disability was for- opinion of the Chair, two-thirds being Health Service Act (42 U.S.C. 247b– merly termed mental retardation; and in the affirmative, the ayes have it. 4(a)(4)(B)(i)) is amended by striking ‘‘mental (B) that individuals with intellectual dis- Mr. BROUN of Georgia. Mr. Speaker, retardation;’’ and inserting ‘‘intellectual dis- abilities were formerly termed individuals on that I demand the yeas and nays. abilities;’’. who are mentally retarded.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6853 SEC. 4. RULE OF CONSTRUCTION. York, the Honorable Elizabeth A. Federal law to refer to individuals, or broad This Act shall be construed to make Connelly. Mrs. Connelly was elected to categories of individuals, when earlier termi- amendments to provisions of Federal law to the New York State Assembly in 1973 nology became outdated, offensive, or other- substitute the term ‘‘an intellectual dis- as the first woman from my district of ability’’ for ‘‘mental retardation’’, and ‘‘indi- wise inappropriate. viduals with intellectual disabilities’’ for Staten Island to be elected to public of- I would like to note that our former col- ‘‘the mentally retarded’’ or ‘‘individuals who fice. When she retired in 2000, she be- league, Nathan Deal of Georgia, actually of- are mentally retarded’’, without any intent came New York’s longest serving fe- fered an amendment during the Energy and to— male legislator. Commerce Committee’s consideration of the (1) change the coverage, eligibility, rights, Throughout her career, she was a ObamaCare legislation back in July of last responsibilities, or definitions referred to in staunch advocate and champion for in- year that would have changed references in the amended provisions; or dividuals with intellectual and other Federal law to mentally retarded individual to (2) compel States to change terminology in developmental disabilities. She was in- references to an individual with an develop- State laws for individuals covered by a provi- strumental in securing funds for men- sion amended by this Act. mental disability, but unfortunately, Congress- tal health programs and creating the man Deal’s amendment was not accepted by The SPEAKER pro tempore. Pursu- New York State Commission on Qual- the Majority, which prevented it from being in- ant to the rule, the gentleman from ity of Care for the Mentally Disabled, cluded in the House-passed version of the New Jersey (Mr. PALLONE) and the gen- led the charge to close the notorious health reform legislation. tleman from Kentucky (Mr. WHITFIELD) Willowbrook State School, and led this However, by bringing this legislation to the each will control 20 minutes. Nation from warehousing individuals floor today, the Majority can atone for their The Chair recognizes the gentleman into providing group home settings. past mistake, and finally correct this glaring from New Jersey. Assemblywoman Connelly was known problem. GENERAL LEAVE throughout the community for work- And speaking of health reform, I would also Mr. PALLONE. Mr. Speaker, I ask ing with parents, advocates, and gov- like to note that today is the 6-month anniver- unanimous consent that all Members ernment officials to make New York a sary of the Democrats’ ObamaCare package may have 5 legislative days within leader in providing high quality serv- being signed into law, and just as Repub- which to revise and extend their re- ices and programs for individuals with licans, independents, and a few brave Demo- marks and include extraneous material intellectual disabilities. She is known crats predicted, insurance premiums are rising in the RECORD. as the guardian angel of the mentally and people are losing their current health in- The SPEAKER pro tempore. Is there disabled. She was not only a pioneer of surance coverage as a direct result of the objection to the request of the gen- her time and one of New York’s great- flawed provisions in that legislation. tleman from New Jersey? est disability advocates, but she was Reports of problems in ObamaCare abound, There was no objection. my mentor. I was privileged to work as but has this Congress held a hearing on its Mr. PALLONE. Mr. Speaker, I yield Ms. Connelly’s staff member and coun- implementation? No. In fact, the Sub- such time as he may consume to the sel for many years. It is her personal committee on Health—on which I serve—has gentleman from New York (Mr. commitment and leadership that has held 15 hearings since the passage of MCMAHON), who is the sponsor of the inspired me to also become an advocate ObamaCare, but we have not dealt with the legislation. for these important issues. Sadly, we most radical change to America’s health care Mr. MCMAHON. Mr. Speaker, it is my lost her all too prematurely a few system in generations. great honor to champion the House years ago, but we honor her and her As all of us have noticed lately, people back companion of S. 2781, H.R. 4544, the husband Robert and her family with home are experiencing the unhappy reality of Elizabeth A. Connelly Act, so I rise this bill. the Federal Government’s health care take- today in strong support of S. 2781. I b 1740 over. And as many news reports indicate, thank Mr. PALLONE for his leadership So, Mr. Speaker, I cast my vote and many people seem to prefer a Congressional on the subcommittee. And Mr. Chair- Majority that wants to get the truth from the man, I thank you for your leadership in urge my colleagues to do so as well in honor of Assemblywoman Connelly. I Obama Administration about what’s gone this body, and especially as chairman wrong. I know the seniors in my district are on the Bipartisan Disabilities Caucus, know she would be very proud to see the United States carrying out her life- completely clear about their desire to have us and the work that you do there. look into the Administration’s plans to cut $575 This bill will replace the term ‘‘men- long mission by passing S. 2781. I urge my colleagues to vote ‘‘yes’’ billion from Medicare. They also want to know tal retardation’’ with the term ‘‘intel- on S. 2781 and send this bill to the about statements by the Chief Actuary of lectual disability’’ throughout the President’s desk for signature. Medicare that providers ‘‘could find it difficult United States Code. Now, in July of Mr. WHITFIELD. I yield myself such to remain profitable’’ and might ‘‘end their par- this year, just recently, New York Gov- time as I may consume. ticipation in the program.’’ ernor David Paterson signed similar Mr. Speaker, I also rise in support of And any American concerned about the dis- legislation into law, joining 48 other S. 2781, Rosa’s Law, and I certainly astrous spending policies of this Administra- States that have dropped the ‘‘R’’ want to thank the majority and all of tion and the current Majority would want over- word. Over 70 Democrats and Repub- those involved in this important legis- sight over recent revelations that after pas- licans have cosponsored my bill and lation for bringing it to the floor for sage of ObamaCare, health care spending is agreed that the time has finally come final passage. projected to increase more than the Obama to put an end to discrimination against This legislation is really very simple, Administration had projected before passage individuals with intellectual disabil- but very important. It simply modifies of this deeply flawed legislation. ities. specific terms used in Federal law and During the run-up to passage, miracles were Every day, millions of children and instead of referring to the people as promised day in and day out. Seniors were adults have difficulty with tasks such mentally retarded individuals, it refers told the law would strengthen Medicare, only as problem solving, decision-making, to them basically as individuals with to see reductions to the program spent on and communications because of intel- developmental disabilities. new entitlements. Everyone was told the cost lectual disabilities. These Americans It will affect the Social Security Act, curve would be bent down, only to see the Ad- are often ridiculed, ignored, or even the Public Health Service Act, and a ministration’s own actuaries report it will con- abused by their peers. Sometimes they lot of other Federal laws. I think it tinue to go up. are referred to publicly by insulting certainly is a step in the right direc- Families were told that if they liked their cur- terms and treated as second class citi- tion, and I would urge passage of this rent coverage they could keep it, only to learn zens. In particular, the term ‘‘mental legislation. that the law encourages employers to drop retardation’’ has acquired a distinctly Mr. Speaker, I rise in support of S. 2781, coverage, that health insurers will pass along pejorative meaning, and is used inten- Rosa’s Law, and I would like to thank the Ma- increased costs through increased premiums, tionally and unintentionally to deride jority for finally bringing this legislation to the and that every plan will be subject to a host and humiliate many of our citizens. floor of the House for final passage. of costly new Federal rules and restrictions. H.R. 4544 is aptly named for a great Rosa’s Law follows previous Congressional Where is the oversight? Where are the woman from my home State of New action to modify the specific terms used in hearings? As the election nears, I would like

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6854 CONGRESSIONAL RECORD — HOUSE September 22, 2010 to note that the American people seem to port for designation of September 2010 tleman from Kentucky (Mr. WHITFIELD) want a new kind of Congress, one that is will- as Blood Cancer Awareness Month, as each will control 20 minutes. ing to find its mistakes and to fix them. amended. The Chair recognizes the gentleman With that, I will urge my colleagues to sup- The Clerk read the title of the resolu- from New Jersey. port the bill before us today. tion. GENERAL LEAVE Mr. LANGEVIN. Mr. Speaker, I rise in strong The text of the resolution is as fol- Mr. PALLONE. I ask unanimous con- support of Rosa’s Law, which will replace all lows: sent that all Members may have 5 leg- references of ‘‘mental retardation’’ with the H. RES. 1433 islative days in which to revise and ex- term ‘‘intellectual disability’’ throughout the Whereas blood-related cancers currently tend their remarks and include extra- U.S. Code. afflict more than 900,000 people in the United neous material into the RECORD. I would like to first thank my colleague from States, with an estimated 150,000 new cases The SPEAKER pro tempore. Is there New York, Representative MIKE MCMAHON, diagnosed each year; objection to the request of the gen- who has been a passionate champion of end- Whereas leukemia, lymphoma, multiple tleman from New Jersey? ing discrimination against individuals with intel- myeloma, myelodysplastic syndromes, and There was no objection. lectual disabilities and lifting the stigma associ- myeloproliferative disorders will kill more Mr. PALLONE. Mr. Speaker, at this ated with the outdated and outmoded classi- than 50,000 people in the United States this time I yield such time as she may con- year; fication of an entire population. Whereas Congress, in the National Cancer sume to the lead Democratic sponsor of At the turn of the last century, the prevailing Act, established an aggressive Federal pro- the bill, the gentlewoman from Colo- sentiment in our society was that those with gram for the diagnosis, prevention, and rado (Ms. MARKEY). cognitive impairments or behavioral limitations treatment of cancer; Ms. MARKEY of Colorado. Mr. should be institutionalized—excluded from Whereas Congress has maintained a steady Speaker, I rise today in support of this mainstream society and locked away as wards investment in cancer research to answer resolution raising awareness of blood of the state. In Federal statute, they were re- basic questions about the causes of cancer cancers. I would like to thank the Rep- ferred to as ‘‘feeble-minded.’’ Of course, we and to develop new treatments for cancer; resentative from North Carolina for his have come a long way since then. Whereas the Federal investment in cancer work to bring this important resolu- research and control has contributed to im- With passage of laws like the Americans portant progress in understanding and treat- tion to the House. with Disabilities Act, ADA, and the Individuals ing some blood cancers and yielded signifi- Nearly 1 million people are currently with Disabilities Education Act, IDEA, we have cant advances in survival for some forms of afflicted with blood cancers in the taken great strides to ensure that people with blood cancer; United States and 150,000 are newly di- intellectual disabilities are afforded equal op- Whereas continued investment and innova- agnosed each year. With these num- portunities in schools and workplaces free tion is critical to the early diagnosis and the bers, we probably all know someone from discrimination, as well as supports for more effective and safer treatment for blood whose life will be affected. independent living. We have broken down cancers where research and treatment ad- I was inspired to work on this impor- vances have to date been limited; tant resolution by my staff and in- many of the exclusionary policies that rel- Whereas strategies to enhance and egated these individuals to being treated as strengthen the cancer clinical research pro- terns, many of whom have personal ex- second-class citizens. gram and boost participation in clinical periences with leukemia and other However, the U.S. Federal Code still con- trials are necessary to achieve blood cancer blood cancers. It is inspiring to see tains antiquated references to ‘‘mental retarda- treatment advances; their commitment to increasing aware- tion’’ that no longer reflect our collective val- Whereas survivors of blood cancer may ex- ness, such as my staff member, Marissa ues. This terminology has acquired a distinctly perience serious late and long-term effects of Smith, who dedicated her free time in pejorative meaning and perpetuates the stig- their treatment and may need life-long fol- honor of a friend’s mother and ran a low-up and survivorship care; half marathon with the Leukemia and ma that people with intellectual disabilities are Whereas Congress has provided strong sup- somehow inferior to others. That couldn’t be port to blood cancer research and has fo- Lymphoma Society. farther from the truth. cused special attention on increasing aware- Raising awareness of blood cancers It is time we follow in the steps of entities ness of blood cancers and intensifying the through the designation of September like the World Health Organization and the blood cancer research program; as Blood Cancer Awareness Month will U.S. Department of Health and Human Serv- Whereas the House of Representatives will help ensure that we keep in mind their ices. We must update the Federal Code to re- continue to provide support for research for widespread impact and the importance flect our true intent and evolved beliefs that in- a cure for leukemia, lymphoma, multiple of ample Federal research for funding, myeloma, myelodysplastic syndromes, and education, and research. dividuals with disabilities deserve the same re- myeloproliferative disorders; and spect and opportunities as any other human Whereas September 2010 would be an appro- I encourage my colleagues to join me being. By fostering an environment of inclu- priate month to designate as Blood Cancer in supporting this important resolu- sion and empowerment, we can provide the Awareness Month: Now, therefore, be it tion. means for every individual to fulfill his or her Resolved, That the House of Representa- Mr. WHITFIELD. Mr. Speaker, I also potential. tives— rise today in support of House Resolu- Mr. WHITFIELD. I yield back the (1) supports the designation of Blood Can- tion 1433, expressing support for the balance of my time. cer Awareness Month to enhance the under- designation of September 2010 as Blood Mr. PALLONE. Mr. Speaker, I urge standing of blood-related cancers, increase Cancer Awareness Month. support for funding research to find a cure At this time I yield such time as he passage of the bill, and I yield back the for blood cancers, encourage studies of the balance of my time. cause and prevention of blood cancers to re- may consume to the gentleman from The SPEAKER pro tempore. The duce the number of new cases, and enhance North Carolina (Mr. JONES), who was question is on the motion offered by understanding of clinical trials to boost pro- the primary sponsor of this legislation the gentleman from New Jersey (Mr. vider and patient participation and accel- and who has been a real leader on can- PALLONE) that the House suspend the erate the pace of clinical research; cer awareness in the U.S. Congress. rules and pass the bill, S. 2781. (2) encourages participation in voluntary Mr. JONES. I thank the gentleman The question was taken; and (two- activities to support blood cancer research for yielding. thirds being in the affirmative) the and education; and I want to also thank BETSY MARKEY, (3) respectfully requests the Clerk of the who just spoke, from Colorado. She has rules were suspended and the bill was House to transmit a copy of this resolution passed. to the American Society of Hematology, the worked with me hand in glove, as we A motion to reconsider was laid on International Myeloma Foundation, the should do more times than not, on the the table. Lymphoma Research Foundation, the Mul- House floor, to be honest about it, and f tiple Myeloma Research Foundation, and we were able to get over 130 cosponsors. The Leukemia & Lymphoma Society, vol- As she said, this year more than SUPPORTING BLOOD CANCER untary health organizations dedicated to 50,000 people in this country will die AWARENESS MONTH finding a cure for blood cancers. from blood-related disorder. Mr. PALLONE. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- This legislation asks the House to to suspend the rules and agree to the ant to the rule, the gentleman from support this designation of September resolution (H. Res. 1433) expressing sup- New Jersey (Mr. PALLONE) and the gen- as Blood Cancer Awareness Month.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6855 This resolution will enhance the under- ‘‘(A) the person receiving the controlled sub- (b) RULE OF CONSTRUCTION.—Nothing in this standing of blood-related cancers. Re- stance is authorized under this title to receive section shall be construed to affect the Adminis- searchers have recently made impor- and dispose of the controlled substance; and trator’s authority under other provisions of law. ‘‘(B) the delivery and disposal takes place in The SPEAKER pro tempore. Pursu- tant advancements in blood cancer re- accordance with regulations issued by the Attor- search, but these diseases need more ney General to prevent diversion of controlled ant to the rule, the gentleman from funding resources. substances. New Jersey (Mr. PALLONE) and the gen- This legislation was requested by the The regulations referred to in subparagraph (B) tleman from Kentucky (Mr. WHITFIELD) American Society of Hematology, the shall be consistent with the public health and each will control 20 minutes. International Myeloma Foundation, safety. In developing such regulations, the At- The Chair recognizes the gentleman the Lymphoma Research Foundation, torney General shall take into consideration the from New Jersey. the Multiple Myeloma Research Foun- ease and cost of program implementation and GENERAL LEAVE dation, and the Leukemia and participation by various communities. Such reg- Mr. PALLONE. I ask unanimous con- Lymphoma Society. ulations may not require any entity to establish or operate a delivery or disposal program. sent that all Members may have 5 leg- Before I close, I want to thank the ‘‘(2) The Attorney General shall, by regula- islative days in which to revise and ex- committee of jurisdiction, the chair- tion, authorize long-term care facilities, as de- tend their remarks and include extra- man on the floor today, for getting this fined by the Attorney General by regulation, to neous material in the RECORD. legislation to the floor. The end of Sep- deliver for disposal controlled substances on be- The SPEAKER pro tempore. Is there tember, I will be in Raleigh, North half of ultimate users in a manner that the At- objection to the request of the gen- Carolina, for an event called Walk the torney General determines will provide effective tleman from New Jersey? Night. There will be those who have controls against diversion and be consistent There was no objection. with the public health and safety. been cured of cancer blood diseases ‘‘(3) If a person dies while lawfully in posses- Mr. PALLONE. Mr. Speaker, I yield that will be walking. There will be sion of a controlled substance for personal use, such time as he may consume to one of those who lost loved ones because of any person lawfully entitled to dispose of the the sponsors of our legislation, a mem- blood cancer diseases; they will also be decedent’s property may deliver the controlled ber of the Energy and Commerce Com- walking. substance to another person for the purpose of mittee, the gentleman from Wash- For this Congress to do this, I will be disposal under the same conditions as provided ington (Mr. INSLEE). indebted and grateful too. Again, I in paragraph (1) for an ultimate user.’’. Mr. INSLEE. Mr. Speaker, we have a (b) CONFORMING AMENDMENT.—Section 308(b) want to thank Congresswoman BETSY of the Controlled Substances Act (21 U.S.C. good bill here, a bipartisan bill, to help MARKEY for being a cosponsor and 828(b)) is amended— us move forward to reduce the rate of thank the committees and thank the (1) by striking the period at the end of para- abuse of prescription drugs. Congress and the leadership of the graph (2) and inserting ‘‘; or’’; and Three years ago, local agencies and House, both Democrat and Republican, (2) by adding at the end the following: community leaders came to my office for getting this to the floor. ‘‘(3) the delivery of such a substance for the and told us we had this problem be- purpose of disposal by an ultimate user, long- Mr. PALLONE. Mr. Speaker, I urge cause prescription drug overdoses are passage of the bill, and I yield back the term care facility, or other person acting in ac- cordance with section 302(g).’’. rising rapidly, and there is really no balance of my time. SEC. 3. PUBLIC EDUCATION CAMPAIGN. way to dispose of legitimate prescrip- Mr. WHITFIELD. I yield back the The Director of National Drug Control Policy, tion drugs in a legal, easy-to-use fash- balance of my time. in consultation with the Administrator of the ion under our current laws. The SPEAKER pro tempore. The Environmental Protection Agency, shall carry So for 3 years now we have been question is on the motion offered by out a public education and outreach campaign working in a bipartisan fashion to the gentleman from New Jersey (Mr. to increase awareness of how ultimate users may come up with a solution, and I am very PALLONE) that the House suspend the lawfully and safely dispose of prescription happy to say that with the strong sup- drugs, including controlled substances, through rules and agree to the resolution, H. port of 55 national and regional organi- Res. 1433, as amended. drug take-back programs and other appropriate means. zations and the leadership of Chairman The question was taken; and (two- WAXMAN and Representatives STUPAK, thirds being in the affirmative) the SEC. 4. GAO REPORT. The Comptroller General of the United States MORAN and SMITH, we have found a so- rules were suspended and the resolu- shall— lution that does protect the public and tion, as amended, was agreed to. (1) collect data on the delivery, transfer, and the environment from harmful drugs. A motion to reconsider was laid on disposal of controlled substances under section You know, prescription drug abuse the table. 302(g) of the Controlled Substances Act, as really is a growing epidemic. Back in f added by section 2; and (2) not later than 4 years after the date of the my home State of Washington prescrip- SAFE DRUG DISPOSAL ACT OF 2010 enactment of this Act, submit findings and rec- tion drug overdoses have now surpassed Mr. PALLONE. Mr. Speaker, I move ommendations to the Congress regarding use, ef- car accidents as the leading cause of to suspend the rules and pass the bill fectiveness, and accessibility of disposal pro- accidental death for people ages 35 to (H.R. 5809) to amend the Controlled grams. 54. Washington has the sixth highest SEC. 5. EPA STUDY OF ENVIRONMENTAL IM- rate in the Nation of prescription drug Substances Act to provide for take- PACTS. back disposal of controlled substances abuse among 12-to 17-year-olds; and, (a) STUDY.—The Administrator of the Envi- unfortunately, today’s medicine cabi- in certain instances, and for other pur- ronmental Protection Agency (in this section re- poses, as amended. ferred to as the ‘‘Administrator’’) shall— nets have become tomorrow’s drug The Clerk read the title of the bill. (1) in consultation with relevant State and dealers’ storage sites. The text of the bill is as follows: local officials and other sources of relevant b 1750 technical expertise, conduct a study to— H.R. 5809 (A) examine the environmental impacts result- Kids are abusing leftover prescription Be it enacted by the Senate and House of Rep- ing from the ultimate disposal of controlled sub- drugs and getting addicted or, in the resentatives of the United States of America in stances through existing methods; worst cases, dying. Just yesterday, Congress assembled, (B) taking into consideration such impacts, nine middle school children in Brem- SECTION 1. SHORT TITLE. and the ease and cost of implementation of drug erton, Washington, were hospitalized This Act may be cited as the ‘‘Safe Drug Dis- take-back programs and participation in such posal Act of 2010’’. programs by various communities, formulate ap- after popping prescription pills that SEC. 2. DELIVERY OF CONTROLLED SUBSTANCES propriate recommendations on the destruction or one student brought to school from BY ULTIMATE USERS FOR DISPOSAL. ultimate disposal of prescription drugs, includ- home. (a) REGULATORY AUTHORITY.—Section 302 of ing controlled substances; and So in Washington State, local agen- the Controlled Substances Act (21 U.S.C. 822) is (C) identify additional authority needed to cies and community groups like Group amended by adding at the end the following: carry out such recommendations if the Adminis- Health and Bartell Drugs have tackled ‘‘(g)(1) An ultimate user who has lawfully ob- trator determines that the Administrator’s exist- this problem head-on and have devel- tained a controlled substance in accordance ing legal authorities are insufficient to imple- with this title may, without being registered, de- ment such recommendations; and oped successful pilot safe drug disposal liver the controlled substance to another person (2) not later than 18 months after the date of programs. These brick and mortar for the purpose of disposal of the controlled sub- the enactment of this Act, submit a report to the drop-off locations and mail-back pro- stance if— Congress on the results of such study. grams give communities of all sizes an

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6856 CONGRESSIONAL RECORD — HOUSE September 22, 2010 easy disposable system to dispose of safely returned to drug stores because maybe even by the Senate, which unneeded drugs. But these programs of regulatory difficulties. In many would be phenomenal. So, Mr. Speaker, have gone as far as they can, and right cases, you have to have a police officer we thank all those who cosponsored now they face the legal walls to grow there overseeing the return of the this, and let’s hope it becomes law very these programs to make them more ef- drugs. quickly. fective and easier for our communities This will get over those restrictions Mr. SMITH of Texas. Mr. Speaker, Ameri- to use. and allow a process to happen which is cans are abusing prescription drugs at alarm- So, we now have a commonsense so- terribly important, because we should ing rates and a major source for this abuse is lution, which is this bill, and we need all know that drug abuse is not limited the unused or expired drugs in our medicine to make sure these programs are put in to street corner illegal drug purchases, cabinets, nursing homes, and hospitals. Pre- place for all prescription drugs to keep that, in fact, the abuse of prescription scription drugs are now surpassing most ille- these powerful substances off the drugs is a large part of America’s drug gal drugs as the drug of choice for abusers streets and out of our drinking water. problem, particularly among young across America. This legislation will solve those prob- people. One study has shown that, in The Office of National Drug Control Policy lems. the last decade, nonmedical use of pre- reports that ‘‘prescription drugs account for the I want to note one success of this scription drugs increased by almost 100 second most commonly abused category of bill. BART STUPAK and others have been percent; and among adolescents be- drugs, behind marijuana, and ahead of co- really great leaders in designing a pro- tween the ages of 12 and 17, it increased caine, heroin, methamphetamine, and other gram that would be flexible and easy by more than 200 percent. drugs.’’ for communities to use. We wanted to Too many of our young people are The most commonly abused prescription make sure that we got communities to raiding the family medicine cabinet to drugs are opioid painkillers, such as Oxycontin design their programs so that they obtain prescription drugs like and Percocet and morphine. Accidental deaths would have a multiple suite of different OxyContin, Ritalin, and Valium. And, caused by the abuse of such opioid painkillers systems to use on how to run these pro- of course, it doesn’t just affect those now outnumber deaths caused by the use of grams. I want to congratulate Bart and individuals, and it’s not harmless. It cocaine and heroin. others in helping us fashion this. clearly is leading to an increase in Today, an estimated seven million Ameri- And with that, I urge our support for criminal behavior. cans abuse prescription drugs. The National H.R. 5809. We find that about 600,000 emergency Survey on Drug Use and Health found that the Mr. WHITFIELD. I yield myself such department visits over a year involved non-medical use of prescription drugs in- time as I may consume. the nonmedical use of prescription or creased by 12 percent in 2009. Pain killers Mr. Speaker, I rise also in support of over-the-counter drugs or dietary sup- and other highly addictive prescription drugs the Safe Drug Disposal Act, and cer- plements. It’s a substantial increase have become increasingly popular with Amer- tainly I want to thank Mr. INSLEE for year after year. About one-third of the ica’s teenagers. his leadership and Mr. MORAN, Mr. visits result in hospital admissions. In The Centers for Disease Control reports that PALLONE, and many others. fact, 1,365 of those emergency visits 20 percent of teens have admitted to taking Two months ago, I was invited by have resulted in the death of the pa- prescription drugs without a prescription. Un- Sheriff Carter of Allen County, Ken- tient, oftentimes young people. And fortunately, many teens believe these drugs, tucky, to a meeting of concerned citi- that’s where we see the biggest prob- because they are available by prescription, are zens in that little community, and lem—fatalities in children 13 to 19 less dangerous than illegal drugs. Sadly, this what they wanted to talk about was years of age. can often be a deadly misconception. prescription drug abuse. And not only So this will allow local communities And a major source of prescription drugs is is it a problem in Washington State; to create drug disposal programs. As leftover, unused and expired drugs in our own it’s a problem in Kentucky, and it’s a Mr. INSLEE and Mr. WHITFIELD had homes and healthcare facilities. The Justice problem throughout this entire coun- mentioned, it gives consumers a safe Department reports that prescription drug try. way to dispose of unneeded pharma- abuse is most prevalent among 18- to 25- We are fortunate that many phar- ceuticals, including controlled sub- year-olds, and most of these drugs are ac- macies, States, and localities have es- stances. A number of the most respon- quired for free from family and friends. tablished prescription drug take-back sible pharmacies have asked for this. The solution is safe and accessible drug programs; but, unfortunately, they are The pharmacists say they want to be disposal. Law enforcement agencies and phar- unable to take back controlled sub- constructive in this process and pre- macies across the country are now sponsoring stances due to a technical reading of vent this illegal and oftentimes fatal drug disposal or ‘‘take-back’’ programs to col- the Controlled Substances Act. This use of prescription drugs on the part of lect unused and expired prescription drugs. legislation will correct that and will young children. But these programs are at the mercy of a allow a take-back program to also This is a very important piece of leg- loophole in federal law that prevents individ- apply to controlled substances. And by islation. It will save lives. It’s the right uals from legally disposing of controlled pre- passing this legislation, these pro- thing to do. scription drugs. The Comprehensive Drug grams will help further reduce the like- I just want to mention one other Abuse Prevention and Control Act of 1970 or lihood of prescription drugs being di- thing that involves our Interior and ‘‘CSA’’ utilizes a registration system for the verted to those to whom they were not Environment Appropriations Sub- distribution of controlled substances. prescribed. committee. We are finding that one of Individuals are exempted from the registra- I’m delighted that we are bringing the things that is leading to very seri- tion requirement in order to receive a prescrip- this legislation to the floor, and I look ous problems with water quality is the tion from their doctor to fill at their local phar- forward to its passage and would urge fact that prescription medications are macy. But the CSA does not authorize individ- all of our Members to vote for it. winding up in our water supply because uals to dispose of their unused or expired I reserve the balance of my time. our sewage treatment centers don’t drugs to a ‘‘take-back’’ program. Mr. PALLONE. Mr. Speaker, I yield have the ability to screen them out, so H.R. 5809, the Safe Drug Disposal Act, in- such time as he may consume to my they go right into the water supply troduced by Mr. INSLEE, Mr. STUPAK, and my- friend from Virginia (Mr. MORAN). that leads to drinking water. And we self, corrects this anomaly in the law. Once Mr. MORAN of Virginia. Mr. Speak- think that that is a source of some of this bill is enacted, patients and long-term care er, I thank my good friend from New the problems we find with endocrine- facilities will be able to legally dispose of their Jersey for yielding me the time, as well disrupting chemicals that block or controlled prescription drugs. as his friendship, as well as the distin- mimic natural hormones. And we see H.R. 5809 establishes a public education guished gentleman from Kentucky (Mr. that in a number of fish, particularly campaign within the Office of National Drug WHITFIELD). And I want to recognize the fish in the Potomac River. This is Control Policy to increase awareness of the Mr. INSLEE for introducing this legisla- one of the problems. availability of drug take-back programs in their tion. So we are addressing a number of communities. The bill also directs the General We share a deep concern about the issues with this legislation. I trust that Accountability Office to study the availability use of medications which are not being it will be passed unanimously, and and effectiveness of drug disposal programs.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6857 Finally, the bill directs the Environmental maining electronic vote will be con- Tanner Tsongas Waxman Protection Agency to study the environmental ducted as a 5-minute vote. Taylor Visclosky Weiner Teague Walz Welch impacts of the disposal of prescription drugs. f Thompson (CA) Wasserman Woolsey It is imperative that Congress provide for the Thompson (MS) Schultz Wu safe disposal of these highly-addictive and Tierney Waters Yarmuth COLTSVILLE NATIONAL Titus Watson dangerous drugs. Without this change to our HISTORICAL PARK ACT Tonko Watt federal drug laws, prescription pain killers and The SPEAKER pro tempore. The un- sedatives will linger in medicine cabinets NAYS—174 finished business is the vote on the mo- across the country, easily accessible to teen- Aderholt Frelinghuysen Mitchell tion to suspend the rules and pass the agers wishing to experiment or adults who be- Akin Gallegly Moran (KS) bill (H.R. 5131) to establish Coltsville come dependent. Alexander Garrett (NJ) Murphy, Tim National Historical Park in the State Austria Gerlach Myrick I urge my colleagues to support this legisla- of Connecticut, and for other purposes, Bachmann Gingrey (GA) Neugebauer tion. Bachus Gohmert Nunes Mr. STUPAK. Mr. Speaker, I rise in support as amended, on which the yeas and Bartlett Goodlatte Olson of this legislation. nays were ordered. Barton (TX) Granger Owens The Clerk read the title of the bill. Bean Graves (GA) Paul Millions of Americans are prescribed nar- Biggert Graves (MO) Paulsen cotics for postoperative pain, bone fractures, The SPEAKER pro tempore. The Bilbray Griffith Pence and other ailments each year. However, most question is on the motion offered by Bilirakis Guthrie Petri patients do not consume all the prescriptions the gentlewoman from the Virgin Is- Blackburn Hall (TX) Pitts lands (Mrs. CHRISTENSEN) that the Blunt Harper Platts they are prescribed. Bonner Hastings (WA) Poe (TX) These drugs remain in drug cabinets for House suspend the rules and pass the Bono Mack Heller Posey years, easily accessible to teens wishing to bill, as amended. Boozman Hensarling Price (GA) The vote was taken by electronic de- Boustany Herger Putnam experiment with drugs. Brady (TX) Hoekstra Rehberg The Controlled Substances Act regulates vice, and there were—yeas 215, nays Bright Hunter Reichert prescription narcotics through a registration 174, not voting 43, as follows: Broun (GA) Inglis Roe (TN) system. However, the Controlled Substance [Roll No. 532] Brown (SC) Issa Rogers (AL) Brown-Waite, Jenkins Rogers (KY) Act currently exempts patients from this reg- YEAS—215 Ginny Johnson (IL) Rogers (MI) istration requirement. Ackerman Frank (MA) McGovern Buchanan Johnson, Sam Rohrabacher H.R. 5809 allows individuals to dispose of Adler (NJ) Fudge McIntyre Burgess Jordan (OH) Rooney unused prescription controlled substances to a Altmire Garamendi McMahon Burton (IN) King (IA) Ros-Lehtinen Andrews Giffords McNerney Buyer King (NY) Roskam recipient authorized by the DEA. The bill also Arcuri Gonzalez Meek (FL) Calvert Kingston Royce authorizes the Attorney General to promulgate Baca Gordon (TN) Melancon Camp Kline (MN) Ryan (WI) regulations for the lawful disposal of prescrip- Baird Grayson Michaud Campbell Lamborn Scalise tion controlled substances by a long-term care Baldwin Green, Al Miller (NC) Cantor Lance Schmidt Becerra Green, Gene Minnick Cao Latham Schock facility. Berkley Grijalva Moore (KS) Capito LaTourette Sensenbrenner H.R. 5809 also clarifies that the DEA regula- Berman Halvorson Moran (VA) Cassidy Latta Sessions tions set forth in this legislation may not re- Bishop (GA) Hare Murphy (CT) Castle Lee (NY) Shadegg Chaffetz Lewis (CA) Shimkus quire any entity to establish a drug take-back Bishop (NY) Harman Murphy, Patrick Boccieri Hastings (FL) Napolitano Coble Linder Shuster program. Boswell Heinrich Neal (MA) Coffman (CO) LoBiondo Simpson I want to thank my friend and colleagues, Boyd Herseth Sandlin Nye Cole Lucas Smith (NE) JAY INSLEE, LAMAR SMITH and other colleagues Braley (IA) Higgins Oberstar Conaway Luetkemeyer Smith (NJ) Brown, Corrine Hill Olver Cooper Lummis Smith (TX) on both sides of the aisle for their hard work Capps Himes Ortiz Costa Lungren, Daniel Stearns and commitment to empowering patients to Capuano Hinchey Pallone Crenshaw E. Sullivan help prevent prescription drug abuse, espe- Cardoza Hinojosa Pascrell Culberson Mack Terry cially amongst our youth. Carnahan Hirono Pastor (AZ) Davis (KY) Manzullo Thompson (PA) Carson (IN) Holden Payne Dent Marchant Thornberry I urge my colleagues to vote in support of Castor (FL) Holt Perlmutter Diaz-Balart, L. McCarthy (CA) Tiahrt the legislation. Chandler Honda Perriello Diaz-Balart, M. McCaul Tiberi Mr. WHITFIELD. I urge passage of Childers Hoyer Peters Djou McClintock Turner this bill, and I yield back the balance Chu Inslee Peterson Dreier McCotter Upton Clarke Jackson Lee Pingree (ME) Duncan McHenry Walden of my time. Clay (TX) Polis (CO) Ehlers McKeon Wamp Mr. PALLONE. Mr. Speaker, I urge Cleaver Johnson (GA) Pomeroy Emerson McMorris Westmoreland passage, and I yield back the balance of Clyburn Johnson, E. B. Price (NC) Fleming Rodgers Whitfield my time. Cohen Jones Quigley Forbes Mica Wilson (SC) Connolly (VA) Kagen Rahall Fortenberry Miller (FL) Wittman The SPEAKER pro tempore. The Conyers Kanjorski Reyes Foxx Miller (MI) Wolf question is on the motion offered by Costello Kaptur Richardson Franks (AZ) Miller, Gary Young (AK) the gentleman from New Jersey (Mr. Courtney Kennedy Rodriguez NOT VOTING—43 PALLONE) that the House suspend the Critz Kildee Ross Crowley Kilroy Rothman (NJ) rules and pass the bill, H.R. 5809, as Barrett (SC) Flake Nadler (NY) Cuellar Kind Roybal-Allard Barrow Gutierrez Obey amended. Cummings Kirkpatrick (AZ) Ruppersberger Berry Hall (NY) Radanovich Dahlkemper Kissell Rush The question was taken; and (two- Bishop (UT) Hodes Rangel Davis (CA) Klein (FL) Ryan (OH) thirds being in the affirmative) the Blumenauer Israel Sa´ nchez, Linda Davis (IL) Kosmas Salazar rules were suspended and the bill, as Boehner Jackson (IL) T. Davis (TN) Kratovil Sanchez, Loretta Boren Kilpatrick (MI) amended, was passed. DeFazio Kucinich Sarbanes Schrader Boucher Kirk Shea-Porter DeGette Langevin Schakowsky Brady (PA) Lowey A motion to reconsider was laid on Space Delahunt Larsen (WA) Schauer Butterfield Maloney the table. Towns DeLauro Larson (CT) Schiff Carney Meeks (NY) Van Hollen f Deutch Lee (CA) Schwartz Carter Miller, George Dicks Levin Scott (GA) Vela´ zquez ANNOUNCEMENT BY THE SPEAKER Davis (AL) Mollohan Dingell Lewis (GA) Scott (VA) Engel Moore (WI) Wilson (OH) PRO TEMPORE Doggett Lipinski Serrano Fallin Murphy (NY) Young (FL) Donnelly (IN) Loebsack Sestak The SPEAKER pro tempore. Pursu- Doyle Lofgren, Zoe Sherman ant to clause 8 of rule XX, proceedings Driehaus Luja´ n Shuler b 1833 will resume on motions to suspend the Edwards (MD) Lynch Sires Edwards (TX) Maffei Skelton Mr. UPTON, Mrs. CAPITO, Ms. rules previously postponed. Ellison Markey (CO) Slaughter Votes will be taken in the following Ellsworth Markey (MA) Smith (WA) GRANGER, Ms. ROS-LEHTINEN, order: Eshoo Marshall Snyder Messrs. LATOURETTE, CASTLE, H.R. 5131, by the yeas and nays; and Etheridge Matheson Speier BRADY of Texas, STEARNS, DANIEL H.R. 3470, by the yeas and nays. Farr Matsui Spratt E. LUNGREN of California, and BACH- Fattah McCarthy (NY) Stark The first electronic vote will be con- Filner McCollum Stupak US changed their vote from ‘‘yea’’ to ducted as a 15-minute vote. The re- Foster McDermott Sutton ‘‘nay.’’

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6858 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Messrs. TONKO, ALTMIRE, and Ms. Kilroy Moore (KS) Schock ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE SPEIER changed their vote from Kind Moran (KS) Schrader The SPEAKER pro tempore (during King (NY) Moran (VA) Schwartz ‘‘nay’’ to ‘‘yea.’’ Kirkpatrick (AZ) Murphy (CT) Scott (GA) the vote). There are 2 minutes remain- So (two-thirds not being in the af- Kissell Murphy, Patrick Scott (VA) ing in this vote. firmative) the motion was rejected. Klein (FL) Murphy, Tim Serrano Kosmas Myrick b 1843 The result of the vote was announced Sestak Kratovil Napolitano Sherman Messrs. HALL of Texas and as above recorded. Kucinich Neal (MA) Shimkus GOHMERT changed their vote from Lance Nye Shuler f Langevin Olver Simpson ‘‘yea’’ to ‘‘nay.’’ Larsen (WA) Ortiz Sires Mrs. SCHMIDT, Mrs. MCMORRIS NATIONALLY ENHANCING THE Larson (CT) Owens Skelton Latham Pallone RODGERS and Mr. STEARNS changed WELLBEING OF BABIES Slaughter their vote from ‘‘nay’’ to ‘‘yea.’’ LaTourette Pascrell Smith (NJ) THROUGH OUTREACH AND RE- Latta Pastor (AZ) Smith (TX) So (two-thirds being in the affirma- Lee (CA) Paulsen SEARCH NOW ACT Smith (WA) tive) the rules were suspended and the Lee (NY) Payne Snyder The SPEAKER pro tempore (Mrs. Levin Pence bill, as amended, was passed. Speier DAHLKEMPER). The unfinished business Lewis (CA) Perlmutter The result of the vote was announced Spratt Lewis (GA) Perriello is the vote on the motion to suspend Stark as above recorded. Lipinski Peters Stearns A motion to reconsider was laid on the rules and pass the bill (H.R. 3470) to LoBiondo Peterson Stupak authorize funding for the creation and Loebsack Pingree (ME) the table. Sutton Lofgren, Zoe Pitts implementation of infant mortality Tanner f pilot programs in standard metropoli- Luetkemeyer Platts Luja´ n Polis (CO) Taylor PERSONAL EXPLANATION tan statistical areas with high rates of Lungren, Daniel Pomeroy Teague infant mortality, and for other pur- E. Price (NC) Terry Mr. GUTIERREZ. Madam Speaker, I was poses, as amended, on which the yeas Lynch Putnam Thompson (CA) unavoidably absent for votes in the House Maffei Quigley Thompson (MS) and nays were ordered. Thompson (PA) Chamber today. Had I been present, I would Markey (CO) Rahall have voted ‘‘yea’’ on rollcall votes 532 and The Clerk read the title of the bill. Markey (MA) Rehberg Tiberi The SPEAKER pro tempore. The Marshall Reichert Tierney 533. Titus question is on the motion offered by Matheson Reyes f Matsui Richardson Tonko the gentleman from New Jersey (Mr. McCarthy (NY) Rodriguez Tsongas REPORT ON RESOLUTION PRO- PALLONE) that the House suspend the McCaul Roe (TN) Turner VIDING FOR CONSIDERATION OF rules and pass the bill, as amended. McCollum Rogers (KY) Upton McCotter Rogers (MI) Visclosky SENATE AMENDMENT TO H.R. This is a 5-minute vote. McDermott Rooney Walz 5297, SMALL BUSINESS JOBS ACT The vote was taken by electronic de- McGovern Ros-Lehtinen Wamp OF 2010 vice, and there were—yeas 324, nays 64, McHenry Roskam Wasserman Schultz Mr. PERLMUTTER, from the Com- not voting 44, as follows: McIntyre Ross McKeon Rothman (NJ) Waters mittee on Rules, submitted a privi- [Roll No. 533] McMahon Roybal-Allard Watson leged report (Rept. No. 111–621) on the YEAS—324 McMorris Ruppersberger Watt Rodgers Rush Waxman resolution (H. Res. 1640) providing for Ackerman Castle Farr McNerney Ryan (OH) Weiner consideration of the Senate amend- Aderholt Castor (FL) Fattah Meek (FL) Ryan (WI) Welch ment to the bill (H.R. 5297) to create Adler (NJ) Chandler Filner Melancon Salazar Whitfield the Small Business Lending Fund Pro- Alexander Childers Forbes Michaud Sanchez, Loretta Wilson (SC) Altmire Chu Fortenberry Miller (MI) Sarbanes Wittman gram to direct the Secretary of the Andrews Clarke Foster Miller (NC) Scalise Wolf Treasury to make capital investments Arcuri Clay Frank (MA) Miller, Gary Schakowsky Woolsey in eligible institutions in order to in- Austria Cleaver Franks (AZ) Miller, George Schauer Wu Baca Clyburn Frelinghuysen Minnick Schiff Yarmuth crease the availability of credit for Bachus Coble Fudge Mitchell Schmidt Young (AK) small businesses, to amend the Inter- Baird Coffman (CO) Gallegly nal Revenue Code of 1986 to provide tax Baldwin Cohen Garamendi NAYS—64 Bartlett Cole Gerlach incentives for small business job cre- Barton (TX) Connolly (VA) Giffords Akin Hastings (WA) Neugebauer ation, and for other purposes, which Bachmann Hensarling Bean Conyers Gordon (TN) Nunes was referred to the House Calendar and Becerra Cooper Graves (MO) Bishop (UT) Herger Olson Berkley Costa Grayson Brady (TX) Hoekstra Paul ordered to be printed. Berman Costello Green, Al Broun (GA) Hunter Petri f Biggert Courtney Green, Gene Burton (IN) Issa Posey Bilbray Crenshaw Griffith Campbell Jenkins Price (GA) REMOVAL OF NAME OF MEMBER Bilirakis Critz Grijalva Cantor Jordan (OH) Rogers (AL) AS COSPONSOR OF H.R. 413 Carter King (IA) Bishop (GA) Crowley Guthrie Rohrabacher Chaffetz Kingston Bishop (NY) Cuellar Halvorson Royce Mr. POE of Texas. Madam Speaker, I Conaway Kline (MN) Blackburn Cummings Hare Sensenbrenner ask unanimous consent to remove my Culberson Lamborn Blunt Dahlkemper Harper Sessions name as a cosponsor of H.R. 413. Boccieri Davis (CA) Hastings (FL) Duncan Linder Fleming Lucas Shadegg The SPEAKER pro tempore. Is there Boehner Davis (IL) Heinrich Shuster Bonner Davis (KY) Heller Foxx Lummis objection to the request of the gen- Smith (NE) Bono Mack Davis (TN) Herseth Sandlin Garrett (NJ) Mack Sullivan tleman from Texas? Boozman DeFazio Higgins Gingrey (GA) Manzullo Thornberry There was no objection. Boswell DeGette Hill Gohmert Marchant Boustany Delahunt Himes Goodlatte McCarthy (CA) Tiahrt f Boyd DeLauro Hinchey Granger McClintock Walden Braley (IA) Dent Hinojosa Graves (GA) Mica Westmoreland IMMIGRATION TIDE HAS TURNED Bright Deutch Hirono Hall (TX) Miller (FL) AGAINST OBAMA Brown (SC) Diaz-Balart, L. Holden Brown, Corrine Diaz-Balart, M. Holt NOT VOTING—44 (Mr. SMITH of Texas asked and was Brown-Waite, Dingell Honda Barrett (SC) Gutierrez Nadler (NY) given permission to address the House Ginny Djou Hoyer Barrow Hall (NY) Oberstar for 1 minute and to revise and extend Buchanan Doggett Inglis Berry Harman Obey his remarks.) Burgess Donnelly (IN) Inslee Blumenauer Hodes Poe (TX) Buyer Doyle Jackson Lee Boren Israel Radanovich Mr. SMITH of Texas. Madam Speak- Calvert Dreier (TX) Boucher Jackson (IL) Rangel er, the immigration tide has turned Camp Driehaus Johnson (GA) Brady (PA) Johnson, Sam Sa´ nchez, Linda against the administration. A recent Cao Edwards (MD) Johnson (IL) Butterfield Kilpatrick (MI) T. Capito Edwards (TX) Johnson, E. B. Carney Kirk Shea-Porter Quinnipiac poll found that 60 percent of Capps Ehlers Jones Davis (AL) Lowey Space voters disapprove of the way President Capuano Ellison Kagen Dicks Maloney Towns Obama is handling illegal immigration. Cardoza Ellsworth Kanjorski Engel Meeks (NY) Van Hollen Fifty percent of Democrats and 87 per- Carnahan Emerson Kaptur Fallin Mollohan Vela´ zquez Carson (IN) Eshoo Kennedy Flake Moore (WI) Wilson (OH) cent of Republicans now agree that im- Cassidy Etheridge Kildee Gonzalez Murphy (NY) Young (FL) migration reform should, quote, ‘‘move

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6859 in the direction of stricter enforcement United States Naval Civil Affairs. Barely a year Strategic Economic Development Council. of laws against illegal immigration.’’ later the teenager became chief telephone op- David is also a former member of the Rotary While the Obama administration sues erator for the military government. And the Club of Guam, a former president of the to stop Arizona’s immigration enforce- young David got back to school, attending the Guam Chapter of the Navy League of the ment law, a CBS poll shows that 73 per- Navy Dependent School on Saipan until it United States, a founder and current member cent of Americans now say the law is closed in 1951, then moving to Guam to com- of the Rotary Club of Saipan, a director of the just right or doesn’t go far enough. plete his education at George Washington Make-A-Wish Foundation for Guam and the Across the country, candidates are High School. Northern Mariana Islands, state chairman for running on pro-enforcement, no am- David’s first private-sector employment was Employer Support of the Guard and Reserve, nesty platforms. While the Obama ad- with the Atkins Kroll group in Guam, where he and district chairman for the Boy Scouts of ministration is moving in one direc- was hired as a traffic clerk in the steamship America. tion, the American people are moving department in 1952. He subsequently worked His deep commitment to the Commonwealth in the other. in the company’s merchandising department and Guam communities has been recognized f and automotive department, rising to be sales repeatedly over the years. Mr. Sablan has manager. In 1961, David was hired by Bank of been named the Saipan Chamber of Com- A TRIBUTE TO DAVID MANGARERO Hawaii as a loan administrator and was even- merce Businessperson of the Year, the Guam SABLAN tually appointed assistant branch manager of Business Executive of the Year, and the Ro- (Mr. SABLAN asked and was given the bank’s Guam office. tary Club of Saipan Citizen of the Year. permission to address the House for 1 In 1965, Atkins Kroll offered David a chal- David and his wife of 27 years, Rita C. minute and to revise and extend his re- lenge that would lead to his return home: es- Sablan, are the parents of five children: David marks.) tablish an Atkins Kroll operations base in Jr., Victoria, Patricia, Stephen, and Deanna. Mr. SABLAN. Madam Speaker, I rise Saipan with jurisdictional responsibilities for f today to pay tribute to David the Micronesian market. David successfully PASS THE DREAM ACT Mangarero Sablan, who has served the established the company’s Saipan office, later (Ms. JACKSON LEE of Texas asked Northern Mariana Islands with honor branded as Microl Corporation in Saipan, and and was given permission to address and distinction as a business leader, a led the company’s growth through the acquisi- the House for 1 minute and to revise community leader, and in numerous tion of exclusive Toyota distribution rights for appointed positions for both the Com- and extend her remarks.) Saipan, Guam, and Micronesia, and the fur- Ms. JACKSON LEE of Texas. Madam monwealth and the Federal Govern- ther diversification of the company’s business Speaker, I heard quite the contrary ment. to include insurance and shipping. from my good friend on the other side Mr. Sablan is of the generation born David remained with Atkins Kroll/Microl Cor- of the aisle. In fact, I listened to a very during Japanese times. But it was the poration until 1979, when he accepted a job eloquent comment being made in the coming of the Americans that coin- as an economic consultant to the Common- other body as they discussed the cided with his rise to leadership. At the wealth legislature. In 1982, the Common- DREAM Act. And many Americans un- age of 13, he was already chief tele- wealth governor appointed him Special Assist- derstand and appreciate the value of phone operator for the American mili- ant for Planning and Budget. Later that year, legislation that would allow young peo- tary government, and by 30 in charge David was tapped once again to return to ple who have lived here and graduated of Atkins Kroll company expansions Microl Corporation, where he served as Presi- with honors and high marks to be able throughout Micronesia, selling auto- dent and Chief Executive Officer until 1986, to go to college even if they came with mobiles, insurance, and shipping serv- when he retired after a total of 31 years of their parents undocumented, to allow ices. service. Also in 1986, David was designated them to access citizenship, to pay back In government service, David Sablan by President Ronald Reagan to serve on the their dues to the American people, to was designated by President Ronald Northern Mariana Islands Commission on Fed- give of their talents to make this eco- Reagan to serve on the Northern Mar- eral Laws. nomic engine run and to serve their iana Islands Commission on Federal After leaving Atkins Kroll/Microl, David country. Laws and by governors of our Common- moved to Modesto, California and established There was an amazing story re- wealth as head of the Planning and his own trading company to serve the Micro- counted of a young man who tried over Budget Office. nesian market. In 1990, the newly-elected and over again to be able to join the His commitment to the community governor of the Commonwealth appointed United States military and was re- is evidenced in his work with the David to head the Planning and Budget Office, jected over and over again because of Chamber, the Rotary, Make-a-Wish, where he served until 1993, when he was his undocumented status. By some and Boy Scouts of America. hired to run a subsidiary of Tan Holdings Cor- manner he managed to go on to school The Northern Mariana Islands salute poration, one of the largest privately-owned and enter into law school. Now, even as David Mangarero Sablan. companies in the Asia-Pacific Region. David a person that is still seeking the appro- Madam Speaker, I rise today to pay tribute continues to represent Tan Holdings as the priate status, he still wants to join the to David Mangarero Sablan, who has served president of Century Insurance Company, Marine Corps. the Northern Mariana Islands with honor and Century Tours, and Century Travel; the vice- The DREAM Act is the right kind of distinction as a business leader, a community president of CTSI Logistics, Asia-Pacific Air- comprehensive immigration reform, or leader, and in numerous appointed positions lines, and Cosmos Distributing; and the vice- part of it. It is time to move forward. for both the Commonwealth and United States chairman of the board of Asia Pacific Hotels. f governments. Since 1968, David has also been a leader The son of Elias Parong and Carmen of the Commonwealth’s tourism industry. He RECOGNIZING 10TH ANNUAL Mangarero Sablan, David was born in was a founder, president, and part owner of FOOTY’S BUBBLES AND BONES Garapan, Saipan on April 2, 1932, during the Pacific Micronesia Corporation, which owned GALA Japanese occupation of the Northern Mariana the Saipan Beach Inter-Continental Hotel; a (Ms. ROS-LEHTINEN asked and was Islands. He attended the Japanese public ele- founder, president, and part owner of Tasi given permission to address the House mentary school from 1937 to 1944, when his Tours and Transportation; a board member of for 1 minute and to revise and extend life was disrupted by the invasion of American the Pacific Asia Travel Association, and a her remarks.) forces. David’s family, along with much of the long-time board member of the Marianas Visi- Ms. ROS-LEHTINEN. Madam Speak- native Chamorro and Carolinian population of tors Authority. er, I am so proud to rise tonight to rec- Saipan, fled to caves in the hills for protection David’s commitment to the development of ognize South Florida’s own Joseph from artillery bombardment and the battles the regional economies and business commu- ‘‘Pepe’’ Badia, the president of Badia’s being waged across the island. The family nities is similarly extensive. He was a long- Spices, who will be honored on October lived packed in a cave with 50 other civilians time member and director of the Guam Cham- 8 for his many contributions to our for three weeks with only sugarcane to eat. ber of Commerce; a long-time member, three- community at the 10th annual Bubbles Once the fighting ended in September 1944, time president, and current board member of & Bones gala. the twelve-year-old David was hired to be a the Saipan Chamber of Commerce; and a Pepe’s life is the classic story of a messenger for the Supply Department of the long-time member of the Commonwealth’s refugee in the United States, the land

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6860 CONGRESSIONAL RECORD — HOUSE September 22, 2010 of opportunity. Pepe came as a lone 14- these facilities, too, demanded nursing nurses who worked at the aging naval hospital year-old Hispanic immigrant who, staff. gladly transferred to the brand new Dr. Torres through hard work and determination, Training was made available at a se- Hospital on As Terlaje Hill on Saipan. Dr. has become the leader of one of the ries of schools through Micronesia, Torres Hospital was a civilian-run, eighty-four largest and fastest growing spice com- raising the skills of our native nurses. bed inpatient and outpatient care facility where panies in the United States. Pepe’s ac- From 1944 to 1978, some 250 of our local nurses could, with seniority and patience, de- complishments will be highlighted at people found work in nursing. velop a specialized practice, in surgery or ob- an event in South Florida by John We, the people of the Northern Mar- stetrics for example. Kross, known as Footy, and this will iana Islands, salute these nurses and The population in the Northern Mariana Is- benefit Here’s Help, a nonprofit sub- thank them for their professionalism, lands was growing now and there was a cor- stance abuse treatment facility which courage and service. responding growth in the demand for nurses. assists over 300 inner city youths. Madam Speaker, to begin the story of the Health centers on Tinian and Rota had been Congratulations to our very own Jo- pioneer, native nurses of the Northern Mariana built and were expanding. And public health seph ‘‘Pepe’’ Badia, a great civic activ- Islands, one must go back to the late 1930s dispensaries were opened in some villages on ist in South Florida. and early 1940s, to the tiempon Hapones or Saipan, all of them staffed by nurses. Japanese times in the Marianas. In those days f Nursing remained one of the few profes- nursing was one of the few professions open sions open to women. It still had its attrac- RECOGNIZING PERIPHERAL ARTE- to our local women and so attracted attention. tions: a regular salary, the status that the RIAL DISEASE AWARENESS But the realities of the work meant that only nurse’s uniform conveyed. But at its heart MONTH those whose hearts, minds, and bodies were nursing also remained—and remains—gruel- (Mr. PAULSEN asked and was given strong could meet the arduous challenges and ing work that demanded strength of mind and permission to address the House for 1 strict discipline required. It is believed that body, an attention to detail and self-discipline. minute and to revise and extend his re- Mrs. Rosa Blanco Camacho, now almost nine- We, the people of the Northern Mariana Is- marks.) ty, is the only one of these pre-war nurses lands, appreciate and salute the following Mr. PAULSEN. Madam Speaker, I alive today. nurses, who served from 1944 to 1978, for rise tonight to take a moment to rec- World War II changed everything. The Mari- their professionalism, courage, and service: ognize September as Peripheral Arte- anas were the site of some of the bloodiest Dolores Reyes Agulto, Joaquin Santos rial Disease (PAD) Awareness Month. battles in the Pacific. After the invasion, the is- Aguon, Jesus Castro Aldan, Jose Palacios PAD is a very dangerous and increas- land of Saipan was a wasteland, littered with Aldan, Josepha Castro Aldan, Merced Deleon ingly common illness that affects ap- thousands of military and civilian casualties. Guerrero Aldan, Vicente Matagolai Aldan, Estefania Rabauliman Amirez, Dionisia proximately 9 million Americans every Makeshift field hospitals were hastily erected, and young native women—and men—were Taitano Apatang, Lucia Villagomez Arizapa, year. Yet a recent study showed that Elena Camacho Arriola, Jesus Saimon only 25 percent of people are even quickly enlisted to assist military medical per- Arriola, Magdalena Demapan Arriola, Maria aware of its existence. sonnel in caring for the wounded and dying. Kokure Arriola, Maria Benavente Atalig, That’s why I have introduced House On-the-job field training for these native Maria Hocog Atalig, Rosina Ayuyu Atalig, Resolution 1438, which aims to promote nurses and corpsmen was the order of the Rosario Imamura Atlaig, Rosario Cabrera increased awareness and diagnosis of day. Besides the challenge of learning how to Attao, Teresita San Nicolas Attao, Rosa peripheral arterial disease to address take care of the wounded, these native re- Litulumar Ayuyu, Carmen Nekai Babauta, Maria Lizama Babauta, Roberto San Nicolas the high mortality rate of this treat- cruits faced a more basic obstacle: they had to learn how to communicate in English. Few Babauta, Urbano Crisostimo Babauta, able disease. PAD occurs when arteries Teresita Atalig Barcinas, Lucia Castro in the legs become restricted or American servicemen spoke or understood Barcinas, Sylvia Barcinas, Felisa Chargualaf clogged with fatty deposits, reducing Japanese, and few, if any, knew the native Basa, Trinidad Arriola Benavente, Maria blood flow to the legs. This can result Chamorro or Carolinian languages. Attao Bermudes, Maria Pura Tagabuel Billy, in muscle pain, disability, amputation, They faced tasks unlike anything they had Olympia Selepeo Borja, Petra Hoashi Borja; and even death. seen before; and the hours were grueling. Rosita San Nicolas Borja, Alejandro Reyes In addition, it is often an early warn- From Monday to Sunday the nurses worked Cabrera, Ana Torres Cabrera, Angelica Muna on at the hospital sites. Only on Sundays were Cabrera, Anita Torres Cabrera, Herminia ing sign that other arteries, including Pangelinan Cabrera, Jose Manibusan those in the heart and brain, may also they packed onto trucks and allowed to return to spend time with their families and the rest Cabrera, Magdalena Brel Cabrera, Maria be blocked, increasing the risk of a Duenas Cabrera, Dela Cruz Cabrera, heart attack or stroke. of the civilian population, which had been Victorina Bias Cabrera, Salomae Hocog Madam Speaker and fellow Members, gathered up by the military and encamped at Calvo, Dolores Benavente Camacho, we must take the proper steps to curb Camp Susupe. Estefania Flores Camacho, Fermina this increasingly dangerous and deadly When the war ended in 1945, the U.S. Navy Mendiola Camacho, Lucia Leon Guerrero disease. built a permanent hospital on Maturana Hill, Camacho, Namiko Ketebengang Camacho, Saipan, where the native nurses were em- Rita Duenas Camacho, Rosa Ada Camacho, f ployed and which served both the military and Rosa Blanco Camacho, Ana Songsong Castro, civilian population. The Navy also built a lepro- Carmen Moses Castro, Daniel Pangelinan b 1850 Castro, Loretta Mesngon Castro, Maria sarium on Tinian with three native nurses. The A TRIBUTE TO OUR FIRST NURSES Manibusan Castro, Ruth Albert Castro, U.S. also began to offer more formal training Taeko Elizabeth Kumangai Castro, Antonia (Mr. SABLAN asked and was given for the nurses from the Northern Marianas. Taimanao Celis, Maria Muna Celis, Rita permission to speak out of order.) Some of those from Saipan and Rota were Sablan Celis, Antonio Santos Cepeda, Juan Mr. SABLAN. Madam Speaker, as sent to the U.S. Naval Hospital School of Cruz Cepeda, Rosa Manibusan Cepeda, Ana early as the tiempon Hapones, the Jap- Nursing in Guam. When this training facility Maria Gogue Charfauros; anese times, in the Marianas our local closed in 1952, those nurses who were in the Ramona Seman Chong, Carmen Attao Con- women began to train as nurses. Nurs- middle of their studies were sent to the Trust cepcion, Irminia Benavente Cox, Conrado ing was one of the few professions open Deleon Guerrero Crisostomo, Ana Kokure Territory School of Nursing in Chuuk. Later, Dela Cruz, Jesus Ogo Dela Cruz, Francisco to women. But the realities of the work that school was relocated to Pohnpei, then to Palacios Deleon Guerrero, Gustav Acosta meant that only those whose hearts, Palau, and then in the late 1960s to Saipan. Deleon Guerrero, Mariana Camacho Deleon minds and bodies were strong could The final move was to the Marshall Islands in Guerrero, Anunciasion Cruz Demapan, meet the arduous challenges and dis- 1986. Despite these frequent moves, over the Justina Rdiall Demapan, Luis Cepeda cipline required. years the Trust Territory School of Nursing Demapan, Micaela Sablan Demapan, Juanita World War II opened the door wider. graduated many students from all the Trust Duenas Diaz, Maria Mendiola Diaz, Elisa With thousands of military and civilian Territory districts, including the Marianas Dis- Maratita Dim, Elizabeth Naputi Dudley, Ines casualties littering our islands, the Cruz Duenas, Margarita Attao Duenas, trict. Monica Camacho Duenas, Estefania Atalig U.S. forces had to recruit nurses from When the U.S. Department of the Interior Dumale, Luis Osomai Elameto, Amania the local population. After the war, the assumed administration of the Northern Mar- Mechaet Elidechedong, Vicenta Lizama Navy, then the civilian administration, iana Islands in 1962, the U.S. Navy closed its Evangelista, Mary Farley, Rosa Tenorio set up the hospitals and clinics; and hospital on Maturana Hill and the native Fejeran, Rosa Maliti Fejeran, Rita Castro

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6861 Flawau, Lorenza Mendiola Garcia, Ramon Elizabeth Sablan Torres-Untalan, Rita for his family and friends. He never Guerrero, Vicente Guerrero, Maria Esteves Songao Toves, Sophia Olopai Towai, failed to say, ‘‘I love you,’’ his grand- Halstead, Carmen Wesley Hamilton, Hasmid Consolacion Faisao Tudela, Margarita mother said. Hugs and kisses were his Haro; Cabrera Tudela, Remedio Bermudes Tudela, trademark. While his family will con- Ana Ogo Hocog, Felisisima Ada Hocog, Maria Salii Udui, Isabel Camacho Maria Ayuyu Hocog, Guadalupe Reyes Villagomez, Margarita Aquininog tinue to miss him every day, they Hofschneider, Maria Manibusan Igibara, An- Villagomez, Josepha Arriola Weilbacher, know he was fulfilling a lifelong dres Taisacan Igisaiar, Lucia Seman Iriarte, Donicia Pialur Ythemar, Paul Joseph dream. Carmina Weilbacher Jack, Berthilia Ythemar. Private First Class Coleman was al- Camacho John, Ensel John, Engracia Aldan f ways known to say that he loved the Johnson, Carmen Olopai Kaipat, Damiana uniform and that he was so proud to be Olkeriil Kaipat, Diego Litulumar Kaipat, SPECIAL ORDERS Isaac Borja Kaipat, Natividad Dela Cruz serving his country. A few weeks ago, Kaneshi, Ana Igisaiar Kileleman, Neiar The SPEAKER pro tempore. Under this country lost a true hero. I know Kolios, Violet Laird, Consolacion Limes the Speaker’s announced policy of Jan- that his fellow soldiers, his country, Laniyo, Lourdes Olopai Laniyo, Mariano uary 6, 2009, and under a previous order and especially his family will miss him Repeki Laniyo, Maria Taitano Lieto, of the House, the following Members greatly. Teresita Pialur Limes, Hermana Ling, Dan- will be recognized for 5 minutes each. I am proud to pay tribute to such a iel Mettao Lisua, Dionicio Mendiola Lizama; fine grandson, son, patriot, and soldier. Joaquin Reyes Lizama, Juana Hocog f Lizama, Maria Ada Lizama, Soledad The SPEAKER pro tempore. Under a f Mesngon Lizama, Vicente Lizama, Carmen previous order of the House, the gen- HYUNDAI MOTORS Mendiola Lizama-Torres, Susana Rogopes tleman from North Carolina (Mr. Macaranas, Vivian Nee Adamson The SPEAKER pro tempore. Under a JONES) is recognized for 5 minutes. Malmstrom, Magdalena Sablan Manahane, previous order of the House, the gen- Milagro Hocog Manglona, Magdalena (Mr. JONES addressed the House. His tleman from Alabama (Mr. BRIGHT) is Manglona Manglona, Delfina Villagomez remarks will appear hereafter in the recognized for 5 minutes. Manibusan, Donicia Rasiang Marciano- Extensions of Remarks.) Mr. BRIGHT. Madam Speaker, ear- Hosono, Francisco Acosta Masga, Maria Cruz f lier this week Hyundai Motors an- Masga, Nathania Maui, Martha Muna nounced it would move production of IN MEMORY OF PRIVATE FIRST Mendiola, Bernadita Reyes Mercado, Juan its Elantra sedan from South Korea to Itibus Mettao, Likiak Kun Mongkeya, CLASS CHAD COLEMAN Lorenza Ilo Mongkeya, Carmen Santos its flagship American facility in Mont- Muna, Isidro Camacho Muna; The SPEAKER pro tempore. Under a gomery, Alabama. It was a welcome Vicenta Santos Muna, Jose Naog, Isidro previous order of the House, the gen- announcement for Montgomery and the Nekai, Rosa San Nicolas Norita, Dominina tleman from Georgia (Mr. WESTMORE- surrounding area, which I am proud to Fitial Olopai, Gregoria Fitial Omar, Eliza- LAND) is recognized for 5 minutes. represent. beth Atalig Paeda, Maria Indalecio Palacios, Mr. WESTMORELAND. Madam Since 2005, the Hyundai Motors facil- Maria Taman Palacios, Milagro Sablan Speaker, it is with honor and great sor- ity in Montgomery has produced the Palacios, Rita Taman Palacios, Dolores row that I rise on this occasion tonight Cepeda Pangelinan, Jose Basa Pangelinan, award-winning and increasingly pop- Juan Basa Pangelinan, Magdalena Terlaje to pay tribute and to tell everyone ular Sonata. Despite a slumping econ- Pangelinan, Maria Aldan Pangelinan, Maxi- about Private First Class Chad Cole- omy, production of the Sonata remains ma Cruz Pangelinan, Paul William Perry, man, who heeded his Nation’s call of at near-peak capacity. In fact, produc- Rafaela Odoshi Perry, Maria Toves duty by joining the Army in October of tion of the Santa Fe recently shifted Quitugua, Remedio Naog Quitugua, Viviana 2008 after attending Newnan High from Montgomery to the new Kia facil- Osomai Rabauliman, Casimira Manglona School in my home State of Georgia. ity in nearby West Point, Georgia, with Ramos, Lourdes Maliti Rangamar, Dolores On August 27, 2010, he made the ulti- relatively little change overall in pro- Cruz Rasa, Consolacion Sablan Rasiang, mate sacrifice, proudly serving his Fuana Remeliik; duction. Angelina Sablan Reyes, Joaquina country in Afghanistan as a member of What struck me about the announce- Pangelinan Reyes, Rosario Taman Rios, the 101st Airborne Division. ment, however, is that Hyundai is em- Maria Borja Roberto, Angela Muleta Growing up in Wisconsin, Chad bracing the global nature of the auto- Romolor, Pedro San Nicolas Rosario, Rosa moved to Newnan, Georgia, with his mobile industry. Instead of moving full Benavente Royal, Takeshi Aloka Royal, parents, Brian and Shanon Coleman, production of the Elantra to the United Juan Satur Ruben, Vicente Faibar when he was 16. After high school, Chad States, Hyundai will split its manufac- Rubuenog, Ana Ayuyu Sablan, Daniel entered basic training at Fort Knox turing between Montgomery, Alabama Magofna Sablan, Dolores Reyes Sablan, Mar- garita Mendiola Sablan, Olympia Reyes and completed advanced training at and its existing Korean plant. A Sablan, Ramona Cabrera Sablan, Rita Diaz Fort Campbell, becoming a cavalry Hyundai spokesman noted: ‘‘Hyundai’s Sablan, Rosalia Tenorio Sablan, Fidelia scout. He was deployed to Afghanistan philosophy is to build our vehicles Sablan Salas, Margarita Villagomez Salas, as part of the 33rd Cavalry Regiment of where we sell them, and with the addi- Rosa Manibusan Salas, Isabel Manibusan the 101st Airborne Division. tion of the Elantra to our U.S. produc- San Nicolas, Juana Manibusan San Nicolas; For anyone who knew Chad as a tion mix, we now manufacture our Dolores Apatang Santos, Isabel Esteves young boy, it came as no surprise to three most popular models right here Santos, Maria Camacho Santos, Maria them that he would grow up into a fine Arriola Santos, Maria Luisa Duenas Santos, in the United States.’’ In a global econ- Martha Cabrera Santos, Carlos Rapagau soldier. As a boy, he was compas- omy, it makes sense to keep produc- Satur, Esteban Nepaial Satur, Guillermo sionate and caring and showed an in- tion close to where the car will actu- Litulumar Saures, Lourdes Mettao Saures, terest in serving his country at an ally be sold. Maria Benavente Sedmik, Antonia early age. His grandmother, Mary Ann Hyundai has been a wonderful com- Rabauliman Seman, Isabel Jones Seman, Coleman, recalls him building large munity partner with Alabama and spe- Margarita Benavente Seman, John Frank forts out of Lincoln Logs and how he cifically within the River Region of our Skilling, Teresita Wabol Skilling, Cresencia would maneuver the plastic Army sol- central Alabama location. In addition Maratita Songao, Francisco Maratita diers that he bought at the Dollar Songao, Mary Grace Lejjena Songsong, to the 2,700 direct jobs created from the Maria Asuncion Stoll, Carmen Maratita Su- Store in and out of the forts that he $1.2 billion facility, Hyundai has zuki, Margarita Somol Tagabuel, Gisina had built. brought in 72 suppliers throughout Songao Taimanao, Gloria Ramos Taimanao, As a teenager, Chad spent time at the North America, creating an additional Marcelina Atalig Taitano, Sabina Rivera local VFW hall. He would play cards 5,500 jobs. This partnership has come Taro; with the veterans and listen to their despite the fact that needless trade Lino Pangelinan Tenorio, Maria Hattori stories. But most of all, he was a friend barriers exist between the United Tenorio, Natividad Cruz Tenorio, Rita to the distinguished men and women States and our friends in South Korea. Sablan Tenorio, Soledad Takai Tenorio, Elena Litulumar Teregeyo, Enriquetta Peter who had served their country so brave- I can only imagine what both coun- Teregeyo, Maria Reyes Thompson, Dirruchei ly before him. tries could achieve if we were able to Terry Tmakiung, Jovita Blanco Tomokane, The only thing that came close to come together and enact the U.S.- Francisco Ada Torres, Maria Jones Torres, Chad’s love for his country was his love South Korea Free Trade Agreement.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6862 CONGRESSIONAL RECORD — HOUSE September 22, 2010 I recently joined with a bipartisan nity and was a constant fixture in the mired in this war. And, of course, we coalition to form the U.S.-South Korea civic and cultural fabric of south Flor- still have more than 2 months remain- Free Trade Agreement Working Group. ida. ing before the calendar turns. This group, composed of Members of Although he was deeply committed Meanwhile, these deaths appear to be Congress who represent diverse dis- to the struggle for a free Cuba, I know in vain. While Afghan citizens who tricts from across the country, wants that the role he cherished the most was turned out to vote this weekend must to see this agreement ratified. that of devoted husband, father, and be saluted for their courage, well, the Despite being signed by President grandfather. fact that courage was required to exer- Bush over 3 years ago, Congress has yet Ricardo leaves behind his beloved cise a basic democratic right is rather to pass the agreement. President wife and partner, Nieves Fraga, and his telling in and of itself. But the par- Obama cites the U.S.-South Korea Free children—Jorge, Alina, and Ricky—as liamentary elections were marred by Trade Agreement as one of our biggest well as his grandchildren. violence, not to mention all kinds of domestic trade priorities and would Ricardo, we will never forget you nor fraud and irregularities. Time Maga- like to see disagreements worked out your selfless legacy. Rest in peace, my zine quotes one candidate as saying, by the next G20 meeting in November. friend. ‘‘It was complete anarchy. Everyone It’s already late September and very Madam Speaker, I am proud to praise was trying to manipulate this elec- little progress has been made to get the Citizens’ Crime Watch of Miami- tion.’’ this agreement passed. Dade County and its executive direc- Mr. Speaker, Afghanistan’s financial The benefits to the U.S. are obvious. tor, Carmen Caldwell, who has served infrastructure is crumbling almost as Passing a free trade agreement with our area in so many ways over the badly as is its democratic infrastruc- South Korea, who is our seventh larg- years. Neighborhood volunteers are ture. One of the nation’s most promi- est trading partner, would add an esti- truly the backbone of our commu- nent banks is teetering on the brink of mated $10 billion to $12 billion to our nities. Volunteers have done so much collapse, at the same time that cronies gross domestic product. What we have to reduce crime and to help keep our and relatives of President Karzai ap- already seen in Alabama could be ex- south Florida neighborhoods safer. pear to have used the bank to line their panded across this great country of Citizens’ Crime Watch of Miami-Dade own pockets. ours. County will be celebrating its 35th an- And in yesterday’s New York Times, Madam Speaker, our number one pri- niversary at the Doubletree Miami there was a long story about how fami- ority must be getting Americans back Mart/Airport Hotel on October 1 and lies are dressing their little girls as to work. We have already seen the ben- will be honoring the leaders of south boys, just so they can get a job and an efits of a close partnership with South Florida’s war on crime. education—and even so they can pre- Korea. Let’s expand on that relation- It is my honor and privilege to recog- serve the family’s honor to have more ship. I can think of no better way to nize the many dedicated and hard- boys than girls. create jobs for Americans at virtually working members of Citizens’ Crime Steven Walt of Harvard University, a no cost than to pass the U.S.-South Watch of Miami-Dade County and to member of the Afghanistan Study Korea Free Trade Agreement. thank each of them for what they do to Group, summarizes the bleakness of help keep us safe. the situation. In the last few years, b 1900 Madam Speaker, I would like to con- Walt says, ‘‘We have had a fraudulent Without question, there are many gratulate the International Ballet Fes- presidential election, an inconclusive issues we must tackle in this difficult tival of Miami for another spectacular offensive in Marja, a delayed and down- economic and political time. But trade, year of performances. Since 1995, this graded operation in Kandahar, and a especially an agreement that enjoys bi- yearly celebration of the arts has run on the corrupt bank of Kabul. Cas- partisan support such as the one with brought some of the world’s leading ualty levels are up, and aid groups in South Korea, can and should be an ballet companies to our area of south Afghanistan now report that the secu- issue in which we work together. Let’s Florida. rity situation is worse than ever, de- not let partisan politics get in the way In addition to being known as a hub spite a heightened U.S. presence.’’ of this agreement. for international commerce, south Mr. Speaker, other than that, Mrs. Florida has a thriving and diverse arts Lincoln, how was the play? f community. Through the dedication of Seriously, there is little to be en- The SPEAKER pro tempore. Under a Pedro Pablo Pena, the festival has be- couraged by in Afghanistan. And that previous order of the House, the gen- come a yearly staple on the south Flor- is the situation that it is in now. Now, tleman from Indiana (Mr. BURTON) is ida calendar with five spectacular per- a new book that has come out this recognized for 5 minutes. formances at four theaters. Ballet com- week by Bob Woodward reveals that (Mr. BURTON of Indiana addressed panies from as far away as Hungary, even top White House officials were the House. His remarks will appear Australia, and Italy have participated deeply skeptical about escalating the hereafter in the Extensions of Re- in this festival. war. The Special Envoy to Afghanistan marks.) I congratulate Pedro Pablo Pena and and Pakistan is quoted as saying of our f everyone who made this year’s Inter- strategy, point blank, ‘‘It can’t work.’’ national Ballet Festival of Miami a re- He is right, Mr. Speaker. But what THE SPIRIT OF SOUTH FLORIDA sounding success. Your efforts have en- can work is a smart security approach, The SPEAKER pro tempore. Under a riched south Florida, and we are all the one that replaces the military surge previous order of the House, the gentle- better for it. with a civilian surge. At this point, a woman from Florida (Ms. ROS- f military occupation can’t cure what LEHTINEN) is recognized for 5 minutes. ails Afghanistan; it can only spread the Ms. ROS-LEHTINEN. Madam Speak- THE DEADLIEST YEAR OF THE disease. But an influx of humanitarian er, I rise to remember the life and leg- AFGHAN WAR aid can deliver a brighter, peaceful fu- acy of a great south Floridian and fel- The SPEAKER pro tempore (Mr. ture for Afghanistan, elections that are low Cuban America, Ricardo Mayo-Al- BRIGHT). Under a previous order of the free and fair, government leaders with varez. House, the gentlewoman from Cali- legitimacy and integrity, schools that Ricardo was an irreplaceable member fornia (Ms. WOOLSEY) is recognized for educate all children—even the Afghan of the Cuban American community. 5 minutes. girls, or especially the Afghan girls— Having fled Cuba’s communist regime, Ms. WOOLSEY. Mr. Speaker, the bad and an economy that creates oppor- Ricardo continued the fight for a free news in Afghanistan just continues to tunity and lifts people out of poverty. Cuba in south Florida. pile up. This week, a helicopter crash The current policy is not redeemable. Ricardo became a successful entre- in the southern part of the country It will continue to engender death, de- preneur and started a chain of phar- brought the number of 2010 coalition struction, instability, and chaos. There macies in south Florida. He generously fatalities to 529. That makes this the is only one answer, Mr. Speaker: Bring gave of his time to serve his commu- deadliest of the 9 years we have been our troops home.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6863 The SPEAKER pro tempore (Mrs. I think it must come forward at some comes about and that happens. That is DAHLKEMPER). Under a previous order time. The indications that we are get- what takes place. of the House, the gentlewoman from ting is that will not happen until a Our officers in uniform take their or- North Carolina (Ms. FOXX) is recog- lame duck session. That means after ders from, on up through the ranks, the nized for 5 minutes. the election and after a new United commander in chief at the top. They (Ms. FOXX addressed the House. Her States Senate is elected and after a get the message from the top. So you remarks will appear hereafter in the new United States House of Represent- don’t hear the straight answer from Extensions of Remarks.) atives is elected. Then the people who them that we like to think that we are f no longer represent the will of the getting from our military personnel. I The SPEAKER pro tempore. Under a American people come back to do the believe if you could hear that straight previous order of the House, the gen- essential business of the United States answer, you would hear a far different tone coming out of our Joint Chiefs, tleman from Oregon (Mr. DEFAZIO) is of America, but they don’t have the for example. But the study should be recognized for 5 minutes. support any longer of the voters who done. It should not be an experiment to (Mr. DEFAZIO addressed the House. have chosen some different people. His remarks will appear hereafter in But the two pieces of legislation I am play with. What has happened over in the Senate is that they refused to in- the Extensions of Remarks.) talking about that were attached to the DOD authorization bill are the voke cloture because it is inappro- f Don’t Ask, Don’t Tell policy, which is priate and improper to stick the repeal The SPEAKER pro tempore. Under a something that was implemented under of the Don’t Ask, Don’t Tell in the previous order of the House, the gen- President Bill Clinton back in the era DOD authorization bill. If HARRY REID tleman from Kansas (Mr. TIAHRT) is when he wanted to put gays in the and others believe it should be repealed recognized for 5 minutes. military, found that he ran into a po- and we should open up the military to (Mr. TIAHRT addressed the House. litical buzz saw, and settled for a com- openly gay people, then they should His remarks will appear hereafter in promise. And I didn’t support it at the put it up as a stand-alone piece of leg- the Extensions of Remarks.) time, to be straight about that, Madam islation. They should allow for amend- f Speaker, but in retrospect it was a ments on it. They should debate it, and The SPEAKER pro tempore. Under a pretty good policy. Essentially it was they should allow for a recorded vote. previous order of the House, the gentle- we have people with different inclina- And why not do it right now, HARRY woman from Ohio (Ms. KAPTUR) is rec- tions, and those who come to serve REID? Why not bring that up right now as a stand-alone piece of legislation? ognized for 5 minutes. America can do so without announcing Why not roll it out on the floor of the (Ms. KAPTUR addressed the House. their sexual preferences. And as long as United States Senate right now? And if Her remarks will appear hereafter in they keep that to themselves, they can you can pass it over there, send it over the Extensions of Remarks.) serve in the United States military. here to the House, and I hope that f That policy has served our military NANCY PELOSI picks that up. I hope well for these last 15 or so years that it A SIGNIFICANT DAY FOR AMERICA Speaker PELOSI picks that up and runs The SPEAKER pro tempore. Under has been in place. I suspect it has actu- it out here for a debate and a stand- the Speaker’s announced policy of Jan- ally been longer than that. Don’t Ask, alone vote so the American people can uary 6, 2009, the gentleman from Iowa Don’t Tell, Bill Clinton’s policy. see where these Members of Congress Now, because of the activism of the (Mr. KING) is recognized for 60 minutes stand. homosexual community, they have as the designee of the minority leader. When you roll it into and you hide it Mr. KING of Iowa. Madam Speaker, pushed an effort, and the President has in a DOD authorization bill, then you it is a privilege and honor to have the made a campaign promise that he will are trying to push a social activist pol- opportunity to address you here on the repeal Don’t Ask, Don’t Tell and re- icy without the accountability of a re- floor of the United States House of cruit into the military openly gay peo- corded vote. And that is what the Sen- Representatives and to do so on such a ple. That is a social experiment with ators objected to, and that is why they significant day. This is a day of events, our military, Madam Speaker. The voted no on cloture. That is why Don’t I believe, that will be marked for a military is not a place to conduct so- Ask, Don’t Tell will not be repealed, at long time in at least political history, cial experiments. One would think that least in this period of time between and hopefully it will be marked in the our military personnel should have a now and the November elections. If hearts and minds of the American peo- say on this. One should do a study. there is a pledge over there to bring it ple as well. There has been a request for that study up in a lame duck session, we know And I can think of a couple of events through the Department of Defense to how those pledges work. If they do so, today, one that is unfolding as we get the results of what our soldiers, a policy of that magnitude in a lame speak, and another that unfolded ear- sailors, airmen, and marines think of duck session, after watching the dy- lier when the United States Senate had this, and then make a determination namics in the United States Senate a cloture vote and didn’t have the on whether to go forward with a dif- change because of the elections that votes to force HARRY REID’s version of ferent policy. will take place election night in No- the Department of Defense authoriza- I am hearing continually Don’t Ask vember, and after watching a change tion bill to actually come up for a vote Don’t Tell worked. Opening it up un- that will take place here in the House before the United States Senate. dermines the effectiveness of our mili- of Representatives, to come forward tary and it breaks down their readi- with a bunch of lame ducks and try to b 1910 ness, and it is bad for America’s na- pass legislation that is rejected by the The cloture vote failed because he at- tional security. That seems to be the American people would be another in- tached two unrelated issues, unessen- tone that comes from the enlisted per- sult. It would be another affront to the tial issues, to that bill. The politics of sonnel. It comes from some of the offi- American voters, the American tax- it are such, pick your side of the argu- cer personnel. But we know that when payers, to American citizens. ment. My side of the argument, Madam you are, let’s see, one of the joint Don’t Ask, Don’t Tell needs to stand. Speaker, is that they were unnecessary chiefs, for example, or if you are the That is what the American people pieces of legislation that were attached Secretary of Defense, and the President want. That is what the military wants. to experiment socially with the mili- of the United States is your com- And there is a study out there that tary, not essential legislation. And the mander in chief, and if he should tell needs to be completed. I want to look objection on the part of even the Re- you in a Cabinet meeting, for example, at the results of that, and I want to publicans that supported each piece of that you are going to support the re- look at the methodology of it. I am not that legislation was that procedurally, peal of Don’t Ask, Don’t Tell, or you necessarily endorsing the results. I the majority leader in the United are going to be mum on your opinion have not seen them, nor have I seen the States Senate had crossed the line. and keep it to yourself, so this repeal methodology. So the Department of Defense au- of Don’t Ask, Don’t Tell that opens up But I believe, Madam Speaker, that thorization bill is now frozen in place. access to the military for gays, so that our military personnel that put their

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6864 CONGRESSIONAL RECORD — HOUSE September 22, 2010 lives on the line every day, that strap we are going to give you all citizen- So what do we know about this? on that vest and that helmet and that ship, and we are going to let you all Each congressional district has, uniform and face the heat and the cold vote to redirect the direction of Amer- roughly, 700,000 people. Let’s just say, and the bullets and the shrapnel and ica, and just know that I represent the if you had 600,000 illegals in your the IEDs, and all of the things that put Democrats, and remember that we are 700,000-person congressional district, them at peril, deserve better than a so- the ones that gave you amnesty and you would only have a universe of cial experiment taking place here in the path to citizenship. So report to be- 100,000 people who you could draw from the halls of Congress, just to pay off a come an American citizen, remember to get votes. So, when you look around political constituency group before an who said so, Teddy Kennedy, vote for America and you see that some of us election. That is what offended the his party. get elected with 30,000 or 40,000 votes Senators over there today who voted Now there are some people on my and others like me require about no on cloture. side who got this wrong. I have said for 120,000 votes to win an election, you The other component in that legisla- a long time that the driving force on begin to understand that the high pop- tion was brought up for the same rea- immigration here in the United States ulations of illegals within some of son. It is called the DREAM Act. It is is this. these congressional districts have a one of those things that happens. We b 1920 voice. They have a voice here in this come up with bad ideas for legislation Congress. Even though they supposedly On the one side, it’s kind of like a set here in this Congress, and we try to put can’t vote, they have a voice in Con- of barbells. Over here on one side, we nice-sounding titles on them so some- gress. They have leverage because they have business that thinks that they’ve how or another if it has a good name, somehow got a right to cheap labor. create congressional seats in places it has a better chance of becoming law. Among these businesses, there are where there is sympathy for illegal im- Well, if we had named it the Selective Democrats and Republicans, increas- migrants. That is how the political Amnesty For a Certain Class of Illegals ingly numbers of Democrats on the Big power comes. That is one of the ways Act, I don’t think it would have had Business side of this who want the that it comes. much chance to get to where it has. Then you also have the businesses cheap labor. Yet there is a business in- But it is called the DREAM Act. I that depend on the illegal labor, and terest. It’s all the way over on this side would like to be able to say that you that’s just those who use the labor. of the barbell. Then you’ve got the bar are dreaming if you think you can im- through the middle, and on the other There are the businesses then that pose amnesty on 2 or more million peo- side of the barbell are those who want market to the illegal labor, and they ple that came here illegally and set it open borders and amnesty for the sake begin to see that they are dependent up as a reward just because the com- of all the political power that it brings upon that flow of cash that goes passion of your heart says that is what them. through in that fashion, and now you should do. The people that support Now, Madam Speaker, that might be you’ve got a constituency group that the DREAM Act are the people that are something that doesn’t exactly reso- advocates for open borders. It is for looking at this thing in the same way nate when I say that, that illegal im- their self-interests, but they advocate they are supporting the broader overall migration gives people political power for open borders for their self-interest amnesty policy. What is the bottom in America, and I know I have to ex- purposes whether it is for the political line motivation? We would like to plain that. It’s this: power that Teddy Kennedy so clearly think that we are all looking at this We’ve already completed the census. laid out the clarion call for—that’s this policy from a constitutional perspec- We’ve counted everybody in the United side of the barbell—or whether it’s the tive and a rule of law perspective, and States. I hope we have. Now redis- weights over on this side, the business setting up statutes so there is a frame- tricting is beginning all the way across interests, that believe they have a work that strengthens America and America. According to a CIS report of right to cheap labor. that respects the rule of law. But in- a couple, three years ago, there are be- By the way, that labor is subsidized stead, we have seen the immigration tween nine and 11 congressional seats by the taxpayer because cheap labor law in America has simply been pushed in America that would shift from the can’t sustain itself in this society any off the edge and hijacked towards the States they are in because we count longer. This society has become a wel- line of opening up our border for the people rather than citizens for the pur- fare state. I mentioned the barbells— cynical political purposes of wanting to poses of reapportionment in America. cheap labor’s interest on this side, ad- provide for people to come here and If you go across the South to States vocating for amnesty, and the people vote that will vote for a certain party. like Florida, Texas, California—and over on this side, advocating for am- Madam Speaker, I heard this about 3 perhaps Arizona—Florida, Texas and nesty because they get a massive years ago, and I heard it right outside California, by my recollection, would amount of political power. this House of Representatives out here be States that would lose a seat if you Here in the middle is this barbell, the on the West Lawn when there were were to count citizens rather than just bar for the barbell, and it gets about 150,000 people that came to pro- people. Those seats, those nine to 11 in squeezed. That is the middle class. test they wanted their amnesty. Many the aggregate altogether—and there That bar that holds up either end is the of them presumably were illegal. But would be other States that would lose middle class in America. The blue col- Senator Ted Kennedy, alive and rel- seats—would be scattered back around lar people, the middle-income people, atively well at the time, went out to America and reapportioned to the the people who just want to buy mod- speak to that group of roughly 150,000 States that are a little bit short right est homes and raise their families and people. He said to them: Some say re- now. Utah, for example, is on the cusp give them a chance to go off to college, port to be deported. Then he waited for of picking up a seat. Well, if we count- to go to work every day, to church on the interpreter. ed citizens instead of people—‘‘people’’ Sunday, and to live life as the Amer- Then he said: I say report to become is a class that includes illegals, the ican Dream are being squeezed. The an American citizen. And then he wait- people who shouldn’t be here—then middle class is being crushed in the ed for it to be interpreted. And then there would be States like Utah and In- middle of this. there was a cheer and applause that diana that would pick up a seat. A There are the people who, let’s say, went up from the 150,000, the mul- State like Iowa is more likely to keep emerge from high school, whether they titudes that came to the Capitol to de- the number of seats that it has, but the be Americans who drop out or those mand that they receive amnesty and seats would be scattered across the who finish and don’t go on to higher exemption from America’s immigra- United States in such a way that there education. There was a time—oh, there tion laws. would be a nine to 11 shift. There would was a happier time—when a person who But I report this to you, Madam be nine to 11 congressional seats that decided that he just didn’t want to stay Speaker, because I heard clearly that would shift, and they would shift from in the educational system any longer, day the clarion call that came from the hands, according to that analysis, but who was a hard and smart worker, Senator Teddy Kennedy that said: We from Democrats into the hands of Re- could walk from that school and go are going to give you all amnesty, and publicans. over and get a job in a factory or in a

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6865 processing plant and punch that time I thought could have been, and perhaps not a lawful resident of this respective clock and go to work for 8 hours a day at one time should have been, Presi- State, so you can’t give them in-State and do that for 40 or more hours a week dent of the United States. Now he is tuition discounts without a statutory and make a respectable living and take advocating that we grant amnesty to change, without changing the law. So care of his family. Maybe he pinched the people who are here illegally, and they want to change the law. his pennies and paid for his house even- he is openly stating that he needs So, let’s just say the tuition to go tually, drove a respectable car and illegals to take care of his home. to—who shall I pick on? I’m reluctant lived life. Madam Speaker, if you get to the to pick on anybody, actually, but let’s Those times aren’t entirely gone, but point of desperation where your house say tuition to go to the University of they are diminished dramatically be- is so big and your home is such an ex- Iowa as out-of-State tuition, $20,000 a cause, first, we have expanded the pro- pansive mansion that you can’t go out year; in-State tuition, $10,000 a year. fessional class in America, the profes- and cut your own grass or trim around And we have someone who is in the sional class that believes that now your own flowers or paint the trim country illegally, who was brought they have a right to live in a gated around the windows or do the things here the day before their 16th birthday, community and to hire cheap labor to that you do and if you must have serv- and they had been in America for 3 take care of their lawns. We have that ants to take care of that place and if years. I think that’s another one of the class of people that has expanded. Then you can’t afford to hire legal workers qualifiers. So we’ll say to them, Well, over on the other side we’ve got the to take care of that place, I would sug- you wanted to be a good citizen, so illegals and the low-skilled people who gest you put it up for sale and go get we’re going to give you this in-State are more mobile than the American an apartment somewhere where you tuition discount to go to the Univer- sity of Iowa, and it’s going to save you population. They can travel to the jobs can manage the maintenance of it $10,000 a year. That’s the equivalent of more quickly because they’re not tied yourself if you have to cross the line a $10,000-a-year scholarship fund for to any hard assets like real estate, for and break the law to do the mainte- someone who is not in the United example. So they can get in their vans nance on your home. States legally. or minibuses and go to Washington and I’m shocked that a man of that stat- Now, think—to the General Powells pick apples if they decide to do that, ure would make a statement like that. of the world and others who think that and their wage scale is about half of Furthermore, I’d put a little reminder the DREAM Act is anything other than what it would be if we had a tighter out there for the General Powells and some form of class amnesty, think labor supply. Illegals are undercutting others in the world to think about the what that is like then to have—what if the lower-skilled labor in America, and DREAM Act and about what the we had ICE come up and deliver that de they’re taking away the opportunities DREAM Act really means. It means facto scholarship for $10,000 a year. We for those Americans who don’t want to this: just put them on the road in their go on to a higher education and take If you are under the age of 35 and if Humvee and they can drive out there on more professional jobs. you were brought illegally into this and we are going to hand these out to There used to be—and in my mind country before you were 16, then you those people that came here the day there always will be—great pride in are not at fault and are no longer ac- before their 16th birthday—it was their those working men and women. They countable as long as you would agree parents’ decision, not theirs—and we put their hands to the task. A little to go into the military for 2 years or will give them a de facto scholarship of dirt under your fingernails and some would agree to go off to college for a $10,000 a year. Well, that’s a great deal; calluses on your hands is an honorable couple of years. If you will do that, right? And then they go off to college thing. All work is honorable—all pro- then we’ll give you that path to citi- and sit down in a classroom and we feel ductive work is honorable—but this so- zenship because, after all, you really so good about ourselves. ciety has now morphed into a welfare were nurtured in this country, legal or But we should keep in mind that state. illegal, and we’ll give you that path to somebody wanted to go across the I want to go back to the welfare state citizenship. You just have to agree to river, across the State border and go to part; but when I crossed over to this go on to an education a little higher the University of Iowa and take classes side, I mentioned the gated commu- than high school or go off to the mili- at that university but they were not a nities. Think of what has happened to tary for a couple of years. Now, I don’t resident of Iowa any more than the il- the elitist attitude, the elitist attitude know how you would sign up for a cou- legal that’s the beneficiary of the that says, Well, I don’t have to worry ple of years to do that, but I’m trustful DREAM Act is a resident of Iowa. And about the security for America. I don’t that there is a special program that so they have to pay the out-of-State have to worry about walking down the way. tuition at $20,000 a year, paying twice streets anywhere in America and being b 1930 the tuition. They’re paying, over the mugged or having illegal drugs pushed course of a 4-year education, a $40,000 on my children because I will live in And we will chase you down with premium to go to a school out of this protected environment, in a gated your citizenship papers and get you to State—like, let’s just say, Illinois to community, with a fence around the become a complete citizen. And if Iowa—a $40,000 premium, while at the house and with, maybe, steel iron bars you’re a resident of a State, then you same time this other student that sits with spikes on them on top of the get to enjoy the in-State tuition dis- in the desk next to them has been de- fence. That’s out there. Then they counts. We know that this has hap- livered a scholarship that’s a $40,000 raise their children to go off to Ivy pened around the country in a number discount, a $40,000 difference between League schools so they can come back of places. California is one of those the two. And if ICE would have driven and live in other gated communities. places. up with their Humvee to deliver the de They live in an isolated America— Iowa tried to pass the DREAM Act. I facto scholarship, they would have had upper class people, professional class heard about what was going on there. to deport that student because they people, living in isolated America. The DREAM Act started. The founda- would have been in violation of Amer- But you know what? tion of it was—and, I believe, still re- ica’s immigration law, unlawfully They open the gates for somebody mains—in-State tuition discounts for present in the United States. who is illegal to come in and fix their kids who are in the United States ille- Now, that should be enough to bring roofs or to trim their lawns or to work gally and then suspends the enforce- a pause to someone who has worn as in their gardens or to clean their man- ment of the law against them so that many stars as General Powell has and sions, to take care of their laundry and they can’t be deported as long as they deserves to wear. But let me take it an- to run errands. I mean, we heard Colin are going to college—or now we expand other step for those General Powells Powell just the other day say that, it to the military. and others in the world, Madam Speak- first of all, he supports the DREAM Now, think about this. An in-State er. Act. He also said that he needs the tuition discount for someone who is in Let’s set that illegal student down in illegals to take care of his place. the United States illegally, that’s the a classroom with their de facto schol- What’s he thinking? This is a man who equivalent of a scholarship. They’re arship of $10,000 a year sitting in a

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6866 CONGRESSIONAL RECORD — HOUSE September 22, 2010 classroom. Now, let’s just say it’s not a And then what? Then they can start opinions into the media without having regular student that came across the under the family reunification plan, to pay a consequence to the Com- river from Illinois. Let’s, instead, going back and pulling their whole ex- mander in Chief, or whatever kind of think about what will inevitably hap- tended family into the United States retribution that would come out of the pen. Inevitably, it will be the widow or under the family reunification. And White House. widower of someone who has given that’s out of our control. Don’t Ask, Don’t Tell. Again, experi- their life in a place like Iraq or Af- Madam Speaker, when you look at ment in the military. Can you get a ghanistan to protect our freedom and the numbers, America’s legal immigra- straight answer out of the Pentagon liberty. And this widow or widower tion standards only have between 7 and any more with the Chicago-style poli- wants to go off to college to sit in this 11 percent of the people that come into tics of the Commander in Chief? I say classroom to upgrade their education the United States legally. Only 7 to 11 not. so they can take care of their family, percent of them are based on merit. And now maybe this looks like it’s take care of those children that per- The balance of that is based on some just a coincidence that we come across haps lost a father or a mother, and other connection, either the visa lot- the DREAM Act and the repeal of they’re paying the premium of out-of- tery or the family reunification plan or Don’t Ask, Don’t Tell—both of those State tuition, $40,000 more for a 4-year some other category, but not based on social experiments wrapped up under education. And they’re sitting at a skill sets and merit. the Department of Defense Authoriza- desk next to an illegal student that, if Now, if we look at some of the other tion bill and rejected by the majority— the law were applied, would have been countries and the policies that they I believe it was the majority, at least. deported but, instead, gets a tuition have—you can look at Canada, United No. It was rejected at least on a cloture discount. Kingdom—Australia, for example, they vote in the United States Senate. And Now, how do you reconcile that sce- set up a scoring points system that re- you think that those two, Madam Speaker, might be anomalies. nario with the warrior’s widow sitting wards people for being able to con- I will make another point to tell you. at a desk paying a premium of $40,000 tribute to the host country. It’s a pattern. Here’s the thing that and the illegal—that’s eligible for de- Now, I have long said that the immi- supports my conclusion. There’s been portation by every standard except the gration policy in the United States of an effort to take calories out of the DREAM Act—getting a $40,000 discount America should be designed to enhance diets of our young people, an effort to on that tuition, Madam Speaker? the economic, social, and cultural well- reduce the calories accessible to our That’s an outrage. That’s an outrage to being of the United States. That should young people by 1.5 trillion calories. I do that to those Americans who want be, actually, the policy of—any sov- think that’s a year, but I don’t know. to go to school out of State. It’s an ereign nation of the world should es- Take a couple of Doritos out of the outrage to do that to the families of tablish an immigration policy for the Dorito bag, thinking those kids are our veterans. It’s an outrage to do that purposes of enhancing the economic, only going to go for one bag and not to the rule of law. social, and cultural well-being of that two. Reduce the calories in a Power I will submit that the people that are particular sovereign state. In this case, Bar from 150 calories down to 90, think- for the DREAM Act haven’t thought it’s the United States of America. ing that overweight, voracious feeder about this on a rational basis. They’ve We should also understand that one that you have that’s 16 years old isn’t simply thought about it from whatever of the essential pillars of American going to go for a second Power Bar. If their particular sympathy basis is. exceptionalism is the rule of law. And the kids want the calories, they’re This class of people that are here ille- if we have contempt for the rule of law, gally are here because most of them, going to eat them. Reducing the size of if we have some of the highest profile the servings just means they’ll open up the class that is part of the DREAM people in America openly speak about more packages. Act target—because most of them, hiring illegals to take care of their But the military stepped in in sup- their parents brought them here home and at the same time advocate port of this effort, this healthy youth against their will. Yes, I concede that for the DREAM Act, which is amnesty effort. Data that has been reported, at point. But where do you enforce the for a specific class of people, reward for least, says that Americans kids are—30 law if you don’t enforce it against illegal behavior, a magnet for bringing percent of them are overweight. And someone who is 35 years old and was more children into the United States the Pentagon has said it affects our na- brought here to the United States the that would be here illegally, and get- tional readiness, that we can’t recruit day before their 16th birthday? Do you ting them to qualify under the DREAM young people to come into the mili- enforce it the day after? Or you can Act so they can go off and be funded tary, can’t recruit enough of them be- take it back the other way and you can partly by the taxpayers and go off to cause too many of them are overweight say, if somebody was brought to the college, or the argument that comes and can’t meet the physical standards. United States the day after they were from the Department of Defense, which Madam Speaker, I’ll submit that you born, should they be deported? Yes. Be- is that it’s good for our military readi- can take an overweight 16-, 17-, 18-, or cause that’s the line. We drew that line ness to have the DREAM Act. That’s 20-year-old, and they’re still a pretty and that’s the law, and we can’t grant another Colin Powell argument, And it good physical specimen even though amnesty. We set the standards. And be- does come out of the Pentagon to some they’ve got a little bit of weight hang- cause we haven’t enforced the law, we degree. Now, how can it be that a Na- ing over their belt. And it’s not a secu- set up, instead, the effect of a magnet tion of 306 million people can’t field an rity risk for the United States of that brings illegal people into the army without granting citizenship to America. We can solve that problem. If United States of America, and it is es- people that are here illegally? it came down to not having enough sentially a magnet that turns out to be people to put on the uniform because b 1940 a reward for breaking the law. some of them were too fat, let’s just So, if the DREAM Act passes and I mean, I could not have pitched such get some basic training uniforms for you’re pregnant and outside the United an idea, Madam Speaker. I can’t with a some that are a little bigger and put States of America and you can’t quite straight face make such a proposal. them on those young people and put get here in time to have the baby, This military is working with a so- them out there in basic training a lit- don’t you know that you can just cial experimentation agenda. And who tle while longer. Once they’re on the sneak in and keep that child and raise is to think that the military, the Pen- military diet and the military exercise them here and nurture them here— tagon, and the United States is for the plan, we’ve seen millions of them come maybe you only get them in when they DREAM Act when they have a Com- back home squared away, upright, gut are 14 years old and they go to a school mander in Chief that tells them what gone, toned up, in shape, proud, with a in America for 3 years. They qualify for they think. They’re for the DREAM look in their eye that they’re another the DREAM Act, presto. They can get Act because it’s important for military noble soldier and patriot. an in-State tuition discount, a college readiness. I don’t take them that seri- This is not a national security risk education. They can go into the mili- ously any more. I don’t think they are because 30 percent of our kids are over- tary. They can get their citizenship. able to deliver their own objective weight. This is an indication of what

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6867 goes on when the White House starts to nant tumor. It’s a cancer. Then it me- came to the floor that was conditioned pour down in a cascade through the ex- tastasizes. It goes into this robust upon an executive order by the Presi- ecutive branch of government an ide- growth and it swallows up and con- dent and another bill coming from the ology that’s inconsistent with the mili- sumes and chokes off our liberty and United States Senate that then satis- tary. our freedom and takes away our per- fied just barely enough. Didn’t satisfy It’s inconsistent to force openly gay sonal choices, and already under the any Republicans, and it dissatisfied 34 policy on our Department of Defense. statute that exists today, shrinks down Democrats. Thirty-four Democrats And there isn’t any pattern out there our health savings accounts and cuts voted ‘‘no’’ on ObamaCare. that could show us that that would be our ability to contribute to them by All of those 34 Democrats voted for a successful result. more than half and almost eliminates NANCY PELOSI for Speaker. Many of It’s inconsistent with the rule of law catastrophic insurance and takes away them told their constituents in the 2008 to propose the idea that for national personal choices one after another election that they wouldn’t commit to security purposes, we should pass the after another. voting for Speaker PELOSI, that they DREAM Act and put these people that I’m hopeful that repeal of ObamaCare were an independent voice. We even came here illegally into the military as a stand-alone—rip it out by the have one at least that’s running tele- and give them citizenship along the roots, follow through on discharge po- vision ads that says he’s an inde- way. That undermines the American sition number 11, which is here, Madam pendent voice that’s willing to stand dream. Speaker, at the desk, and any Member up to President Obama, and stand up to It’s inconsistent to think that a gen- of Congress that wants to establish NANCY PELOSI, and vote against eral that has worn four stars honorably that they’re opposed to ObamaCare and ObamaCare, but at the same time vote would think that the rule of law they want to see it repealed can come for NANCY PELOSI. doesn’t apply when it’s time to hire down here to the well and ask the Now, when you do something like en- somebody to cut your grass. It’s got to Clerk of the House for Discharge Peti- able Speaker PELOSI’s agenda by voting apply every time. Equal justice under tion Number 11—that’s legislation that her into that position, and then when the law. Lady justice is blindfolded. I introduced to repeal ObamaCare—and you see cap-and-tax come down on top She stands there with the scale. She’s sign that discharge position. There are of us that penalizes coal country in a blindfolded. It must be that way or at least 173 signatures on Discharge big way, West Virginia, Pennsylvania, America is undermined. And this Position Number 11, which repeals some of those States come to mind, broader philosophy of illegal immigra- ObamaCare. Wyoming, you see that agenda being tion and how to deal with it is some- And the last language of the bill—it’s driven out of the Speaker of the House, thing that I’m invested in pretty deep- only 40 words—it says, ‘‘as if it had when you put up the vote, stood up ly. never been enacted.’’ That’s the quote. here and audio out of your voice said I want to roll over if I can, Madam So it pulls it all out by the roots, and the name, PELOSI for Speaker, that’s Speaker, as to what’s going on down- it’s what Americans want. Pick your the most important vote that gets cast stairs right now in the basement of number, but well over 60 percent of in any individual Congress in any 2- this Capitol. There is a pledge to Amer- Americans want to see repeal of year period. And it enables the agenda ica that’s being rolled out. It’s being ObamaCare. I see numbers that go up of the leader, Speaker PELOSI. discussed by the Republicans here in to 73 percent that want to see repeal of And then when that same individual the United States Congress. It is some- ObamaCare. So those who want to keep votes ‘‘no’’ on ObamaCare and postures thing that brings back memories of the it, they’re not the balance of the dif- himself to say he’s independent, willing Contract with America that was rolled ference. If it’s 73 percent that want to to stand up to the President and the out here in 1994 about this same time repeal, it doesn’t mean that 27 percent Speaker of the House because here’s in September. want to keep it. It means that some of the signal, voted against ObamaCare, And this is, I understand after doing those 27 percent want to keep it and that’s no sign of independence. That’s a a quick Web search, named Pledge to some of them are undecided. sign of being let off the hook by the America. And now, I don’t know all But if a Member voted for the Speak- Speaker. That’s the sign of a permis- that’s in that that’s being unfolded er of the House, Speaker PELOSI, and sion slip to vote ‘‘no’’ so you can go right now. I just know what I wanted the San Francisco agenda, ObamaCare, back and tell your constituents that to have in that, what I hope is in it. cap-and-tax, and others, put that vote you are an independent voice. I’m hopeful that the document is a up—the most important vote that any The distinction here is we have a dis- clear document, a document that says Member of Congress ever makes is for charge petition. And a signature on the we have made these promises, we’re their leader, their Speaker. And if that discharge petition says you mean it. It going to keep these promises. vote went up for Speaker PELOSI, it en- says that you want to see the bill come And I expect that there’s going to be abled the San Francisco-Obama agenda to the floor unamended, with an up or language in there that says that we are to be forced to the floor of this House down vote to repeal ObamaCare. One going to support a 100 percent repeal of against the will of the American peo- hundred seventy-two Republicans ObamaCare, all of it. Pull it out root ple, who let everyone here know their signed the discharge petition number and branch, lock, stock, and barrel, so objections in a constitutional and 11. One Democrat has signed discharge there is not one vestige of ObamaCare peaceful and litter-free way. petition number 11 so far. There are DNA left behind, because this toxic But still their hearts were hardened others out there that are going to need stew of ObamaCare has become a ma- and they imposed ObamaCare on us, to say to their constituents, listen, I lignant tumor in our land. And it even though the bill itself could not really do stand up to Speaker PELOSI. threatens to metastasize. have passed that night except that the Watch me. I will go down and ask the It’s affecting us already. It’s driving President promised that he would write Clerk of the House for discharge peti- up our premiums for health insurance, an Executive order that would amend tion number 11 and get my pen out, and especially for young people that most the language that was coming to the I will sign my name on that. That can’t afford it. It’s got to go. It’s got to floor. That was part of the deal. And means that if it comes to the floor that be pulled out by the roots. It’s got to part of the deal was that there would I’ll vote to repeal ObamaCare. That’s be eradicated. And that’s got to be step be a reconciliation package that would what sits out there right now, Madam one, plank one. It’s got to be our prom- be passed in the Senate that would cir- Speaker, and that’s the distinction. ise, our pledge to America that we will cumvent the filibuster that would But I believe that we will move for- repeal ObamaCare in its entirely. Not come to the House to seek to fix some ward with a pledge to America that re- the most egregious aspects of it, not a more of the problems. peals ObamaCare, rips it out by the component here and a component roots in its entirety without equivo- there, not chipping away at it and leav- b 1950 cation. And I trust that’s what’s being ing other pieces there—because if that Oh, no, a bill didn’t come here to the discussed downstairs as we have this should happen, that foundation of floor of the House that had the support discussion up here. I hope and expect. ObamaCare then, as I said, it’s a malig- of the majority of the Members. A bill That’s one of my requests.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6868 CONGRESSIONAL RECORD — HOUSE September 22, 2010 Another one would be that we pass But it’s not. It’s English. But speaking seling. That simple. And that should English as the official language of the of Swahili, it happens that in some have, I think, strong bipartisan sup- United States of America. That’s an places like Kenya, for example, they do port. And that’s been demonstrated in issue that has somewhere between 83 speak some Swahili, but the official some votes here in this Congress. So and 87 percent support all across this language of Kenya is English. And they then it would enshrine the Hyde country. We haven’t discussed it very are grateful for it. It’s brought so much amendment and the Mexico City pol- much in this Congress because we along the way. icy. And we are going to repeal know who holds the gavel. But Ameri- So I am hopeful that this very sim- ObamaCare so we wouldn’t have to go cans want to have an official language. ple, common sense, powerful, unifying after that specific component of An official language of the United force of language, official English, ObamaCare that ends up funding abor- States needs to be English. And there which has a massive numbers of co- tions. I will call that the Ben Nelson are at least 28 States that have estab- sponsors on it and a vast support of the language. lished English as the official language. American people, even though we Fifth thing I would like to see in the And it’s no longer possible to drive haven’t debated it during the time that pledge to America that’s being un- from Mexico to Canada without driving NANCY PELOSI’s been the Speaker of folded right now as we speak, Madam through a State that has English as the the House in a real legitimate way any- Speaker, I would like to pass legisla- official language. That’s how the map way—there is a lot of things we haven’t tion that modernizes E-Verify. E- looks when you happen to look at the debated, won’t be allowed to come to Verify right now is you are limited. map. the floor—I am hopeful that that You can only use E-Verify with a new English is the official language of the pledge to America has official English hire. So when you look at someone’s State of Iowa. It’s the official language in it. application and you can’t verify wheth- of Nebraska. It’s the official language I believe that we should have a House er they can work in the United States of 26 other States. That’s because of rule that gives a priority that we actu- legally, then you have to give them the the simplicity that every other coun- ally first pass a budget resolution. But job. And then once you give them the try in the world understands you have I also believe that we should have a job, they are on your payroll. They to do business in a language, and that House rule that gives priority to the qualified for your insurance and all of if you encourage a multitude of lan- balanced budget that’s offered so that the burden that comes along with guages and require the interpretation it can be offered and it can be debated bringing somebody into your employ- in those languages that costs a lot of here on the floor and brought to a re- ment. money and causes a lot of confusion. corded vote so the American people can b 2000 And for a long time people that see how hard it is to balance this budg- watch and study humanity understand et. It’s hard, Madam Speaker. And it’s Then and only then can you run their that a common language is the most going to be really painful to bring the data through E-Verify and it might powerful unifying force known to man. thing to a balanced budget. And if we come back and it can’t confirm. And if I mean when they were working on the do it all at once there will be some se- it does that, you have probably got Tower of Babel, God understood it. He rious whiplash in this country. someone on your hands that can’t le- looked down at the Tower of Babel as Now, I voted for a balanced budget gally work in the United States. And they were trying to build that tower here. I have asked for one to come to so you give them their time to cure into the heavens to try to achieve the floor. We brought one under the their data and if they can’t get it heaven without going through God. Republican Study Committee. It first cured, then you have to fire them. And it was a blasphemy towards him. started out balancing in 10 years and I just simply, with the legislation And God looked down at the Tower of then 9 years. It wasn’t aggressive that I am hopeful that we are able to Babel and he said, behold, they are one enough to suit me. But at least it was bring, probably not this year, next people. They speak all one language. a vote on a balanced budget. And we year, to fix E-Verify so that you can And nothing that they propose to do started to debate what it takes to bal- use it on current employees, legacy will now be impossible for them. That’s ance the budget. And if you don’t do employees, so someone can decide I how powerful one language was. And so that you never get there. If you don’t want to clean up all my workforce. I to break up the Tower of Babel, God define your goal and your target, you have had some people that have been gave them, caused them to babble, and never get there. here for a year or two or 5 or 10. Some scattered them to the four winds. And So I would want to see a rule come may have been here illegally. I just there is at least a Biblical belief that here to the floor that we could support want to have a legal workforce. I want that’s where the different languages in a bipartisan way that would give to run all their names through E- came from that have been located precedence towards a balanced budget Verify. Why not? Why not give the em- around the world. to be offered first. And if the majority ployer the tool. But we know that if we come to- or the other party, be they majority or The second thing is why not let them gether as Americans and we speak all minority, offers a balanced budget, use E-Verify with a prospective em- one language we can communicate then that budget would take prece- ployee with a legitimate job offer? We quickly, we can understand each other, dence over the budget that’s offered have that under a drug testing law in we don’t need to go through expensive that is let’s say the chosen budget from Iowa, and it’s completely without any interpretations. And we also are listen- the majority of the Budget Committee. litigation or complaint. If you show up ing to the advertisements for different So that we have a record on what it and you want a job, you can go through means of learning foreign languages takes to balance the budget and who’s all of the hoops and they can say to under the immersion process. It’s the willing to vote for a balanced budget. you, I have done the interview, you best way, the immersion process. And I would think that we could get have passed all the tests but this one. Now, I encourage the studying and together on that in a bipartisan way. You have got to go off and take a drug the learning of languages. I think it’s And then we need to work to pay test before I can put you to work. great that Americans take that upon down the national debt. And I want to That’s what we do in Iowa, and no com- themselves to do that. It’s important see the day that we have a balanced plaints, no lawsuits. It’s the employer’s for our foreign trade and our inter- budget and we start to pay down this prerogative, and I encourage them to national travel. It’s important for our national debt. That’s the third thing I do that. They should be able to provide military and our State Department. would like to see in the pledge to a drug-free workplace. We should also It’s important for international rela- America. be able to provide, as employers, an il- tions. But a Nation should have a lan- The fourth thing is I want to put an legal-free workplace, modernizing E- guage where you can go from corner to end to Federal funding of abortions. Verify so it can be used on current leg- corner in that Nation and expect that And I would phrase it this way. I want acy employees and with a legitimate you can communicate in one language. to statutorily prohibit all Federal job offer is a legitimate thing to do. If it had been Swahili, then so be it, funds from going to any entity that The third component that we need to Swahili should be our official language. provides abortion services or coun- do, Madam Speaker, out of this is we

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6869 need to clarify that wages and benefits ployers get to write off the expense of against the law to deduct wages to paid to illegals are not deductible for hiring people illegally in this country illegals, but they are not enforcing it. Federal income tax purposes. Doing and be able to have the Federal Gov- Another piece that this law does is it that allows the IRS, during a normal ernment subsidize their commission of requires the IRS and the Social Secu- audit, to run the Social Security num- a crime when they hire somebody who rity Administration and the Depart- bers and the information data of the is not legally present. ment of Homeland Security to set up a employees of the audited company And your bill is right to the core of cooperative arrangement. So they have through E-Verify. And if they come what the American people are asking to sit down at the table and decide, back, they can’t lawfully work in the for, Democrats, Republicans and inde- well, here are these no-match Social United States—and we will give the pendents, saying, come on, why don’t Security numbers. We will roll these employer safe harbor if they use E- we get together in Washington and do over here in the Department of Home- Verify. Then the IRS can deny the the right thing and eliminate these ab- land Security so they can go check business expense. surd situations. them out when they go look at the em- This is a piece of legislation that I And this one is so logical, it is so ployers, and the IRS can take those have drafted called the New IDEA Act. moderate, and it’s so appropriate for numbers as well when they bring it So the net result is this, if you paid out the time. And if there is nothing else into their audit and bring the focus on a million dollars in wages, and the that we can agree on before we adjourn so that we are coordinating the agen- IRS—well, let’s just say multiple mil- this year, I would like to see, we should cies in America to get at the goal. The goal is to enforce the law. The lions—but the IRS has determined that agree, that the taxpayer should not be goal should not be to advance amnesty a million dollars of those wages have subsidizing the employment of illegal by the DREAM Act or any other way. gone to illegals, then they can deny aliens and the exploitation of those And we cannot be the great Nation workers. that as a business expense. And we that we are yet to become if we don’t I want to thank the gentleman for know when that happens it goes over take our path up that way by sup- on the profit side of the ledger, and it coming forward with this bill. porting and strengthening the rule of Mr. KING of Iowa. I want to thank becomes taxable as income. law, one of the essential pillars of So now you have got income tax to the gentleman from California for American exceptionalism. That’s the pay on a million dollars instead of hav- hustling here to the floor to weigh in. argument, amnesty or the rule of law. ing a million-dollar deduction that I yield to my other friend in life, Dr. It’s two choices. avoids that income tax. The corporate PAUL BROUN. And it looks now like the DREAM income tax on that is a profit, plus the Mr. BROUN of Georgia. Thank you, Act is not coming at us until perhaps interest, plus the penalty, calculates Mr. KING. I appreciate your leading, in a lame duck session. If it does, out out to be, if you are a $10 an hour ille- and I appreciate your leadership not of that Senate in a lame duck session, gal, you become about a $16 an hour il- only on this issue but on many others. that is an offense to the American peo- legal. The American people just say where ple to bring a bill like that with impu- When you get to that point, now you are the jobs, and these illegal aliens nity against the American people when have lots of employers that have de- here in this country must go home. We you no longer represent them because cided that they want to make a deci- must secure the border first and fore- of the election that will take place in sion to clean up their workforce and most. We must make English the offi- November. hire only legals and that shuts off the cial language of America. We must en- So, Madam Speaker, again, I thank magnet here in the United States in an force the laws on the books, but we my colleagues for coming to the floor. effective way. cannot put it on the back of the em- I appreciate your attention on this The last thing I want to do, right be- ployers or the States. matter. I appreciate the American peo- fore I yield, is I want to sell off all of We must put it on the back of the ple’s attention on this matter, and I this property that the United States Federal Government. believe they will stand with the rule of has taken over and nationalized, in- I congratulate you on a great job, not law and against amnesty. cluding the shares of General Motors only on this issue, but all that you are f doing. And we will continue to fight to and Chrysler. PROPOSAL TO REGULATE FLY Madam Speaker, may I inquire as to secure the borders, make English the ASH the balance of my time? official language, and do things that The SPEAKER pro tempore. The gen- the American people are just crying The SPEAKER pro tempore. Under a tleman has 4 minutes remaining. out for to create jobs here in America. previous order of the House, the gen- Mr. KING of Iowa. I yield to the gen- I congratulate you. tleman from West Virginia (Mr. MOL- tleman from California. Mr. KING of Iowa. I thank the gen- LOHAN) is recognized for 5 minutes. Mr. BILBRAY. I appreciate the gen- tlemen from Georgia and from Cali- Mr. MOLLOHAN. Madam Speaker, I tleman yielding. fornia for coming in to weigh in on rise today to call attention to an issue I wanted to take this chance because this. We are here at a time when we that threatens the economic viability I saw you on the floor. I think there have got to reestablish the rule of law, of many industries and the existence of are a lot of issues that are controver- and we have got to shut off the bleed- thousands of jobs in and around the sial and a lot of people see Democrats ing at the border, and we have got to coal fields of our Nation. That issue, and Republicans disagreeing on. shut off the jobs magnet. Madam Speaker, is the Environmental I want to use this time to com- This bill, the New IDEA Act, does Protection Agency’s proposal to regu- pliment the gentleman from Iowa for shut down, if not completely off, the late fly ash, coal ash, as a hazardous the fact that he has introduced the jobs magnet. And New IDEA stands for material. Over the past 2 years, Madam Speak- most moderate, the most logical and I the New Illegal Deduction Elimination er, the EPA has peppered the Federal think the most American bill when it Act. Government and the Federal docket comes to the immigration issue. This is Madam Speaker, we often say here with a myriad of proposed rules and something that really, really hits to there are no new ideas here in Con- undertaken aggressive, zealous en- the core of the problem and doesn’t gress, that it’s just recycled old ideas. forcement actions targeted at indus- blame the immigrant, but goes to the Well, this was kind of an audacious tries in Appalachian States. source of illegal immigration, and move to declare it to be the New IDEA This much continued pattern of rule- that’s the illegal employers who are ex- Act, but it defines what goes on. making and enforcement action is de- ploiting them. The New Illegal Deduction Elimi- structive to the central economic en- I think if there was one place that nation Act, right now, we have not gine that fuels this Nation’s energy Democrats and Republicans should be eliminated illegal deductions. needs. able to work together, that all Ameri- Instead, we have the IRS that’s not cans could agree on, that this Con- calling the shots on this. It’s letting b 2010 gress, this month, should eliminate the the deductions come, so people can hire In its latest round of regulatory bra- absurd situation to where illegal em- illegals with impunity. It really is vado, EPA released a proposed rule in

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6870 CONGRESSIONAL RECORD — HOUSE September 22, 2010 June to impose additional regulation of impact on job creation and economic Sudan that it was capable of change, coal combustion byproducts, fly ash, recovery. This rule option would be that it was capable of including the under subtitle C of the Resource Con- deeply damaging in West Virginia and south into a comprehensive plan to run servation and Recovery Act, RCRA, as throughout the Nation, and, therefore, the Government of Sudan. a hazardous waste. I’m speaking today, I strongly encourage EPA to pursue However, at the end of the 6-year pe- Madam Speaker, in opposition to the subtitle D option, the nonhaz- riod, which is on January 9, 2011, about EPA’s extreme and burdensome rule- ardous option, in its rulemaking proc- 6 short months from now, the Com- making option to regulate fly ash as a ess. prehensive Peace Agreement promised hazardous waste under subtitle C. I appreciate, Madam Speaker, the op- an opportunity for the people of the This rule, Madam Speaker, would un- portunity to speak this evening about south to determine whether the regime necessarily jeopardize construction and the importance of protecting West Vir- in Khartoum had changed enough that manufacturing jobs in addition to in- ginia jobs, the Nation’s jobs, and rea- they wanted to remain a part of Sudan creasing the costs of highway and sonably priced infrastructure. or whether they wanted to secede. Dr. other infrastructure projects which are f John Garang wanted to see a unified so vitally needed in my district and in Sudan, but, as you know, his untimely THE COMPREHENSIVE PEACE districts throughout the country. Why? death in a plane crash ended his dream. AGREEMENT IN SUDAN Because fly ash is an essential and rea- The people in the marginalized area sonably priced ingredient in products The SPEAKER pro tempore. Under of Abyei, the region that holds in the used by these industries, and this rule the Speaker’s announced policy of Jan- soil of Sudan oil wealth, would decide would in and of itself dramatically in- uary 6, 2009, the gentleman from New if they would remain and keep their crease that cost. Jersey (Mr. PAYNE) is recognized for 60 special administrative status in the Why is EPA pursuing the subtitle C minutes as the designee of the major- north or become a part of the south. option when the agency determined ity leader. That has to be determined. It should under both Democratic and Republican Mr. PAYNE. Madam Speaker, I rise have been determined even before Jan- administrations, Madam Speaker, today with Majority Leader STENY uary 9 of 2011. through two reports to Congress and HOYER to ring the alarm on the current The CPA laid out very clear bench- two final regulatory determinations situation in Sudan and underscore our marks to be met for those referendums that coal ash does not warrant regula- support for a timely, free, and fair ref- to take place and also included de- tion as a hazardous waste? During erendum on the independence of south tailed instructions for power sharing EPA’s four prior reviews of this issue, Sudan and Abyei in January 2011. and oil revenue. Still to date, these de- it concluded that States can safely Let me begin by thanking the major- tails have not been worked out. Now, manage coal ash under Federal nonhaz- ity leader for calling this critical, im- today, Khartoum threatens to pull out ardous waste rules. EPA’s subtitle C portant Special Order and for his con- of the agreement as Bashir’s regime option is wholly inconsistent with its tinued leadership on this issue, having has refused to cooperate on key meas- own past decisions. led codels to Sudan, having had peri- ures that must be put into place. Khar- Clearly, Madam Speaker, the 2009 im- odic meetings with administration offi- toum has repeatedly played games, poundment failure to Tennessee Valley cials, bringing in persons from Sudan, stalled, held up and obscured so many Authority’s Kingston facility, which south Sudan, in his continuing push for critical steps in fulfilling the CPA, so started all of this review, called impor- peace. And so, once again, I commend much that today it is unclear whether tant attention to this particular issue Majority Leader STENY HOYER. the referendum in January can actu- and reinforced the need for operational I was elected to Congress in 1988 and ally be held freely and fairly. changes to avoid future accidents. The was sworn into office in 1989, the same Must I remind the House that this is Federal Government must absolutely year that Omar al-Bashir came to the regime that carried out the first work to ensure safety and environ- power in a coup in Sudan. I have close- genocide to be declared by Congress mental protection where coal impound- ly followed the situation in Sudan ever when it was in progress? Nearly half a ments are concerned. EPA’s subtitle D since then, and I must say that I’m ex- million Darfurians have lost their lives option, regulating fly ash as a nonhaz- tremely concerned about what is hap- as a result, and more than 2 million ardous waste, provides these important pening now. The continuing and Darfurians have been displaced. protections while protecting the im- emboldened intransigence of the Bashir While Darfur is no longer on the portant economic opportunities avail- regime threatens to unravel the peace front pages of newspapers, the people able through beneficial recycling of that was won 5 years ago and spark a still suffer. Last week, chief prosecutor coal fly ash. return to conflict. of the International Criminal Court, Madam Speaker, regulating fly ash On January 9, 2005, members of the Luis Moreno Ocampo, was at my Brain as a hazardous material is overkill, United States Government, including Trust at the Congressional Black Cau- putting precious jobs at stake, and myself, witnessed the signing of the cus Foundation’s Annual Legislative would cost $1.5 billion a year to imple- Comprehensive Peace Agreement in Conference and called it a silent geno- ment according to EPA’s own esti- Nairobi, Kenya. The Comprehensive cide that is happening in Darfur. Khar- mates. These costs will be absorbed by Peace Agreement ended the ghastly 21- toum has strangled aid, cut off IDP American families who are already fac- year civil war between the north and camps, and is watching the people of ing constraints of tough economic the south of Sudan, a war that claimed Darfur slowly starve to death. times. the lives of 2 million southerners and Coal combustion by-products are cur- displaced more than 4 million; a war in b 2020 rently recycled for several perfectly which the Bashir regime used aerial This is the regime headed by a Presi- safe and beneficial uses, including ce- bombings against innocent, defenseless dent who has been indicted by the ment, road materials, and wallboard. children, women, men, disabled people, International Criminal Court for war These beneficial uses of coal ash create and elderly; a war that nearly de- crimes and for genocide. Again, as the jobs. The subtitle C option would un- stroyed the entire region of south CPA is supposed to come into full com- necessarily stigmatize coal ash and ob- Sudan. But what was so great about pletion in less than four months, there struct its beneficial use in these vital, the people of south Sudan—they could is the threat of massive violence once important infrastructure projects. It’s not destroy the spirit of the people of again against the people of the south. counterproductive to add more waste the south. We have seen several reports of armed to our landfills when we could be safely The Comprehensive Peace Agree- shipments into the south to arm the putting it to use in our roads and ment, championed by the late Dr. John Misseriya militias that were such a de- bridges, creating more jobs and build- Garang, who led the struggle in the stabilizing force in the north-south ing projects at reasonable prices. south, outlined a path to secure lasting war. This is very serious. In closing, Madam Speaker, EPA’s peace, a 6-year interim period, during As the administration rolls out a new subtitle C option for coal ash regula- which Khartoum would have an oppor- policy that includes incentive packages tion will have a significantly adverse tunity to show the people of south to sway Khartoum to do the right

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6871 thing, let us remember also that this is Secretary of State Clinton was right pendence, which was guaranteed by the the same regime that welcomed with when she said a year ago that ‘‘the 2005 Comprehensive Peace Agreement. open arms and harbored Osama bin Comprehensive Peace Agreement be- The CPA ended Africa’s bloodiest Laden from 1991 to 1995. It was from tween the north and south will be a civil war, a war which took almost 2 Khartoum that he planned an assas- flashpoint for renewed conflict if not million lives and displaced 4 million. sination attempt against Egyptian fully implemented through five na- Yet the risk of descending into war President Hosni Mubarak. Is this a re- tional elections, a referendum on self- again seems all too real. gime deserving of a second chance determination for the south, resolution Now, as on my congressional delega- again and again and again? I dare say, of the border disputes, and the willing- tion to Sudan 3 years ago, our focus re- no. ness of the respective parties to live up mains the same: Promoting peace, sta- So what have we learned? In the to their agreements.’’ bility, and reconstruction across the words of the late Dr. John Garang, the Unfortunately, Sudan’s elections in whole of Sudan. This is not only our Bashir regime, as Dr. Garang said, April 2010 certainly did not meet any- moral obligation but an important na- Bashir and his regime is too deformed one’s standards for a legitimate elec- tional security goal as well. We must to be reformed. The U.S. must provide tion. Those elections were marred by work to ensure that Sudan does not be- leadership in the international commu- widespread violation of political rights, come a safe haven for terrorists. To- nity. I call on President Obama, Sec- irregularities in voter registration, in- night we are here to send a message to retary Clinton and Special Envoy timidation, and violence in some areas, all those who live in and care about Gration to provide clear leadership and and the continuing conflict in Darfur Sudan. We support full implementation to not give in to this regime and make that suppressed voter participation. of the Comprehensive Peace Agree- sure that they live up to what they Predictably, the National Congress ment. We support a timely, peaceful, have said. Party has consistently delayed and free, and fair referendum on independ- I urge the President to meet with reneged on its CPA commitments. ence. And we support an end to the vio- First Vice President of Sudan and Madam Speaker, this is a critical mo- lence in Darfur. President of Southern Sudan Salva ment for Sudan. The CPA-mandated These are immense challenges, to be Kiir, and to make it clear to him that referendum is just 4 months away. The sure. But Sudan’s central government the United States will provide support, CPA has not yet been fully imple- has shown that it pays close attention that the south needs to ensure that the mented. Voter registration for the ref- to the international community’s in- CPA does not crumble and war does not erendum has not yet taken place, and tentions and actions, which is why we break out again in the south. The mes- key procedures have not even been es- must present a unified, comprehensive sage to Khartoum must be that a dis- tablished. position in our response to both the on- missal of the CPA in any form will not In addition, the violence in Darfur going violence in Darfur and the north- be tolerated. We demand a free and fair persists. The Bashir regime continues south conflict. referendum for the people of south to restrict and disrupt United Nations I want to be absolutely clear: Darfur Sudan and Abyei. We demand justice peacekeeping, humanitarian oper- remains and will remain a point of and accountability. We demand a real ations, and human rights organizations focus for this Congress. We recognize end to genocide in Darfur. in Darfur, leaving more than 2 million that peacekeepers are struggling and in At this time I yield to Mr. BRAD MIL- people still displaced and vulnerable. LER, a member of the Subcommittee on The Bashir regime must know that many cases failing to fulfill their civil- Africa and Global Health who has done the whole world is watching. We can- ian protection mandate, and that hu- a tremendous amount during his time not divert our attention from Sudan. manitarian groups are swimming in on the committee. We must remain committed and insist redtape and facing daunting security Mr. MILLER of North Carolina. Mr. upon the full implementation of the challenges. Speaker, I also rise to call attention to CPA to ensure sustainable peace in President Obama and the inter- critical issues that Sudan now faces. Sudan. national community must continue to More than 3 years ago, I was part of a Mr. PAYNE. Let me thank the gen- push Khartoum on the issue of humani- congressional delegation to Sudan led tleman for his statement. I appreciate tarian access and independent human by Majority Leader STENY HOYER, who his work on the Subcommittee on Afri- rights monitoring in the region. will speak shortly. Other members of ca and Global Health. b 2030 that delegation are here to speak to- At this time I would like to hear night as well. from the gentleman who called for the In the wake of what appears to be a This past January marked the fifth Special Order today, the majority lead- near collapse of the latest efforts in anniversary of the signing of the Com- er from Maryland, Mr. STENY HOYER. Doha, we must continue to strive for a prehensive Peace Agreement, or the Mr. HOYER. I thank my friend for viable peace process. Congress is CPA, that ended more than 20 years of yielding and for leading this Special watching. Congress will hold you ac- civil war between the north and the Order. I was pleased to, with him, un- countable. Tonight, however, I want to south of Sudan. That conflict was dertake this Special Order because of focus my remarks on the need for full marked by northern aggression against the timeliness of the crisis that con- CPA implementation and specifically the south. It resulted in the deaths of fronts Sudan and the implementation on ensuring that the referendum on more than 2 million people, and more of the agreement. I want to thank all southern independence takes place on than 4 million people in Southern of the Members for participating in time and, as I said, in a free, fair and Sudan fled their homes, becoming ‘‘in- this Special Order as well. It is impor- peaceful manner and that results are ternally displaced persons,’’ or IDPs, in tant that we in the Congress stay fo- respected by Khartoum and the inter- the jargon of relief efforts in conflicts cused and send a message, as I will national community. around the world. here, that we are focused. And I ap- With the referendum approaching on The CPA committed the northern- plaud the gentleman for his statement January 9, 2011, our own Secretary of dominated National Congress Party tonight. I applaud him even further for State has said that we can hear the and the southern-dominated Sudan his continuing leadership. Nobody in loud sound of a ticking time bomb— People’s Liberation Movement to gov- the Congress, in either the House or Secretary Clinton’s words—the possi- ern jointly for 6 years, followed by a the Senate, has been more focused over bility of new bloodshed. referendum on self-determination for a longer period of time, has traveled What can we do to prevent it? Southern Sudan and Abyei. That ref- more extensively throughout the The U.S. has stepped up its diplo- erendum must happen as scheduled in 4 world, and to some of the most trou- matic efforts in southern Sudan, and is months, and the referendum must be bled spots in the world, and to Sudan, providing $12 million for elections se- free, fair, credible, and a true reflec- than the gentleman from New Jersey curity, allowing the government of tion of the will of the people. If not, (Mr. PAYNE) and I thank him for his southern Sudan to establish 11 joint the CPA will mark only a 6-year pause leadership. operation centers in Juba and in the 10 in Sudan’s civil war, not an end to the In fewer than 4 months, Southern states in collaboration with other part- war. Sudan will hold a referendum on inde- ners.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6872 CONGRESSIONAL RECORD — HOUSE September 22, 2010 I also want to applaud President To the government of south Sudan: sion and leadership on this issue. Your Obama for attending Secretary General The U.S. Congress is committed to statement here was so thorough. I real- Ban Ki-moon’s high-level meeting on the referendum, and firmly believes ly appreciate your leadership. Sudan this Friday at the United Na- that it is the best mechanism for you At this time, I would like to recog- tions in order to discuss what more the to express your right of self-determina- nize the co-chair of the Sudan Caucus, international community can do to en- tion. Alternative approaches will only a gentleman who has traveled to sure a fair and safe vote. My hope is renew the turmoil that the CPA was Sudan. He has been a fighter on this that a powerful package of multilat- designed to end—and will severely issue. He has been to meetings with the eral pressures and incentives will come weaken the future of your people. Chinese and with other persons who out of this meeting and those that fol- We need you to step up as well. We had to be convinced that they should low. need you to come to the table as a change their ways. It is my pleasure to I also support the administration’s ready and willing partner, and we need introduce and to yield to him as much efforts to prepare for January with you to devote resources, time and en- time as he may consume, the gen- former South African President Mbeki, ergy to finalizing an operational plan tleman from Massachusetts, Represent- who is leading the African Union’s ef- and budget, agreeing on voter registra- ative CAPUANO. forts in Sudan as well as with inter- tion criteria and procedures, and hiring Mr. CAPUANO. I would like to thank national financial institutions and and training registration workers. the gentleman from New Jersey. He international development agencies; There is hard work in front of you, but has been a great leader on this issue but more can and must be done. We the reward in the form of your people’s and on so many other issues with re- must hurry to establish a formal mech- right to choose their own future is gard to international matters. anism to help get the north and south clearly precious. I would also like to thank the major- to agreement on all of the outstanding To the Obama administration and ity leader for organizing this Special issues. Such a mechanism must include the international community: Order during such an important week. Thank you. Thank you for your ef- buy-in from civil society in an orga- The reason we are doing this this forts to strengthen peace in Sudan but nized way. The CPA is a positive model week, really, is that the President is to keep them going. We will all have to on this front. scheduled to be at the United Nations work vigorously to ensure that the ref- The international community, in- this week to meet on the Sudan issue. erendum is a success, but the con- cluding our own administration, must It seems like things are coming to a sequences of failure should be more continue to remind those countries head. As you’ve heard many, many than ample motivation for us all. with a stake in the outcome, including Friday’s high-level meeting at the times—and I’m not going to repeat the Russia, Egypt and especially China, United Nations must be a productive facts, because the facts have been that it is in their own best interests to and serious one, and more conversa- said—we have an election that is sched- advance peace and stability in Sudan. tions must follow. They must be fo- uled to come up in January which is This is an international responsibility. cused on how the international com- very critical to this region. Let me be We must support U.N. peacekeepers munity will work together to assist in clear: and urge them to do more to protect ci- the technical, logistical and oper- To me, this may not be the most im- vilians. We cannot simply throw our ational stages of the vote; to monitor portant issue to most of my constitu- hands up in complaint about a rel- and observe the process from start to ents. I know that. I realize that. Jobs atively ineffective peacekeeping sys- finish; to guarantee implementation of are more important. The economy is tem. We must fix it. the results; and to mediate in case of more important. But America has al- Finally, efforts in south Sudan must any disagreement. You have the Con- ways been and, I think, always should not be solely focused on the day of the gress’ full support in this effort. be more than just about business. It referendum but also, of course, on the To the humanitarian community, es- has to be about morality and ethics as day after. pecially to the American-based NGOs well. In this case, the morality of a The international community must working on the ground in Sudan: genocide, or the immorality of a geno- step up efforts to prevent southern You represent the best of American cide—the immorality of keeping people Sudan from becoming what the econo- selflessness and generosity. You do enslaved, literally enslaved at a recent mists called a ‘‘pre-failed state.’’ We God’s work. Thank you for that. point in the history of Sudan—is some- know the dangers that failed states This Congress pledges to continue ad- thing that, I think, only America is pose to our own national security. We vocating for improved humanitarian qualified to stand up and scream about. have seen that. If we want to prevent access so that you can continue to do Up until now, the history in this re- the emergence of a new one, the inter- your jobs and advance the goals for gion has been terrible. There have been national efforts on everything from which you have put your safety and, civil wars. There has been genocide. road building to literacy education to yes, even your lives on the line. Im- There has been every form of human establishing a viable economy in one of proving the daily lives of people living degradation you can find, mostly per- the world’s most underdeveloped areas in one of the world’s most war-torn re- petrated either directly or indirectly deserves and should have our support. gions is a moral responsibility for us by the government in Khartoum. Regardless of the steps we and the all. b 2040 international community take, the de- Finally, to the people of Sudan: cision to turn this vote into a founda- We stand with you. You deserve far At the same time, I’m one of those tion for peace instead of one for further more than the bloodshed and death and people that believes anyone can change war ultimately rests in the hands of dislocation that year after year have their ways on any given day. That’s the Sudanese. So my message to Khar- brought you. You deserve what we all not to forget the past, but it’s also the toum is this: deserve—a chance to live our lives and only way to find a way forward. The Step up. Step up, Khartoum. At the raise our children in peace. America government in Khartoum is at that risk of sounding cynical, surprise us. will do everything in its power to en- crossroads right now. They have a This referendum is part of a peace sure that January is the beginning of choice, whether to actually move for- agreement that you signed in 2005. that chance, not its untimely end. ward and allow the people of south Come to the table. Work to advance a Again, I thank the gentleman from Sudan to make their own decisions le- peaceful outcome, and don’t lead your New Jersey—one of the senior Members gitimately in January, whether they country back into war. The adminis- of this Congress, the leader of our ef- wish to go their own way or wish to re- tration has clearly communicated to fort on the African continent—a con- main associated with Sudan, and then you that there are both painful pres- tinent so critically important to the to enforce whatever the people of sures and real incentives on the table. future of the global community. I Sudan decide and to do it in a peaceful It is your choice, of course, and rest as- thank him for yielding me this time. way. This is important to the Amer- sured that the United States Congress I yield back. ican people on a moral side, as I said, is watching your choice and will hold Mr. PAYNE. Let me, once again, but it is also important on a very real- you accountable. thank the majority leader for his pas- istic side. This particular area—I’ll be

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6873 honest. I don’t think—as a matter of Leader HOYER for reserving this valu- gressional district in Marin County fact, I am certain. I could not have able time tonight to bring attention to that had a very interesting forum found Darfur on a map before I got to Sudan. where we discussed with Darfurian citi- Congress. I might have been able to While it may have slipped from the zens, former citizens of Darfur in the come close to finding where Sudan was, front page of the newspapers and head- south. Your district is so progressive, but it would have been a guess. I know lines of the nightly news, the crisis in and it was my pleasure to be there in that most of my constituents, most Sudan is still in a very critical stage. the great State of California. Americans are not sitting there know- In Darfur, rape is being used as a At this time, I would like to ask the ing all about this, but they will know means of terror and warfare. Hundreds gentleman from Virginia who has it if it goes the wrong way, and they of thousands of people are living in ref- served in Africa—he has done out- will know it because the entire region ugee camps or are displaced from their standing work prior to coming to Con- will go up in flames. There will be mil- homes. Militias with strong ties to the gress, very knowledgeable, and a de- lions of people put at risk. government in Khartoum brutalize lightful advocate for people who are Everybody in America knows where Darfurians. So we have a long way to striving for justice—Representative Somalia is because it’s a lawless re- go before the people of Darfur can feel PERRIELLO, I yield to you as much time gion. They know where Eritrea is, safe and return to a normal life. as you may consume. Ethiopia, all difficult parts. This is The Comprehensive Peace Agreement Mr. PERRIELLO. Thank you very right next door. It sits in a critical re- was supposed to lay out a framework much, Chairman PAYNE. History will gion. If civil war starts again in a seri- for peace between the north and the look kindly on your willingness to ous way, if genocide raises its ugly south, but as we get closer to the date speak up and fight for those who had head again, the entire region will go for the referendum, security and fair- no voice in this body. Mr. HOYER, our up. Most countries in that area will be ness seems to have become farther out leader, your willingness to commit to directly affected, and it will directly of reach than it was earlier on. The this issue and to answer the call of affect America and the rest of the south is forced to hope that President Matthew 25, to serve those who are the world. Something like that cannot go Bashir, a man indicted by the Inter- least among us, is one, I believe, will on without doing it. national Criminal Court for war resonate as well. That is why I am here today, to re- crimes, they are to hope he will sup- Tonight we have a simple question: mind the American people, who I port an honest and clean election, free When we say ‘‘never again,’’ do we think, across the board, agree that from intimidation and free from cor- mean it? When we say ‘‘genocide, never genocide is something that needs to be ruption. Many remain skeptical that, again,’’ ‘‘crimes against humanity, screamed about and stopped whenever when the time comes, President Bashir never again,’’ ‘‘women and children possible, agree that people should have will actually allow the south to vote dying, 30,000 a day, from hunger and their own right to self-determination— unobstructed. preventable disease, never again,’’ it’s that’s not the point—but also to put As Chairman PAYNE knows, because easy to put on a bumper sticker, it’s the issue in front. he has visited with and he has been easy to say at a public event, but mak- I also want to thank the administra- honored by the people in my district ing it a reality is never simple. tion. The Obama administration has who are working in regards to Darfur We face today, without the luxury of put this issue at the top of its agenda, and have been on top of this issue from ignorance, the knowledge that people and I respect them and thank them for the beginning, they know that the peo- suffer around the world unspeakable that. There are carrots and sticks on ple of Darfur are suffering. They have atrocities, and for too long that has in- the table for Khartoum if they choose long supported the rights of the Suda- cluded the people of Sudan, throughout to take those carrots. If they don’t, nese people from a project called Tents Sudan. Today we focus primarily on none of us really want to implement of Hope, to letter writing and fund- the important issue of democracy and those sticks, but none of us are allowed raising. I think the project is called peace for those who have suffered for to sit back and simply let genocide go Dear Darfur, Love Petaluma. That was two decades in southern Sudan, but we forward without doing what we can. the first one. That is where I live. Then also know that the Comprehensive So that’s why I came today, to say there was, Dear Darfur, Love Marin Peace Agreement cannot be used to thank you to the administration, to County; and later, Dear Darfur, Love hold hostage the women, children, and encourage the Khartoum regime to San Francisco. vulnerable of Darfur and Blue Nile re- make the right choices—it’s not too So Marin and Sonoma Counties, gion and other areas. late—and to thank the administration where I represent, consistently have We sit here today with an oppor- for all it is doing and to encourage stood for peace and justice in Sudan, tunity to shed light, and, more impor- them to do more. I join my colleagues and they have been really outraged at tantly, to produce results for those in asking the administration to meet what they have seen. In fact, they who have suffered for too long. It is not with Salva Kiir, the leader of south teach about the issue in schools where enough for this to be something we Sudan, at least meet with him and talk their students are raising funds for the speak from this floor or even some- to him, hear it directly from him. And people of Darfur, and they’re helping thing that we use when we engage di- I hope that we won’t have to be back paint the tents for the Tents of Hope. rectly in our diplomacy and conversa- here in January talking about this With their support, I join my col- tions with Sudan. issue, other than to congratulate the leagues in the House on calling on the b 2050 people of south Sudan and Sudan for Obama administration to put more having conducted a lawful and pressure on the Government of Sudan. This is larger than that. It must rank thoughtful plebiscite. We must demand that Khartoum and up when we talk to Egypt, Russia, Thank you, and I yield back. President Bashir allow a fair ref- China, and others who do so many deal- Mr. PAYNE. Let me thank the gen- erendum and to permit international ings with this regime, a regime that I tleman again. As I indicated, he co- assistance and monitoring. believe is ultimately irreparable. chairs the Sudan Caucus, and he has Further, the plight of the Darfurians We can now say that we will support been very, very involved from day one. must not be pushed to the side in def- the Democratic process for Southern We really appreciate his leadership. erence to the north-south situation. Sudan and ensure a fair referendum. At this time, I would like to yield The genocide continues, and Sudan will And we know from the history of this such time as she may consume to the never be free of oppression and violence country that supporting democracy is gentlelady from California, a member until President Bashir and his reign of not something we do because it’s easy. of the Subcommittee on Africa and terror is brought to an end and he is We do it because it’s right. It’s not Global Health, a person who has trav- held accountable. something because it happens over- eled to Africa, Congresswoman WOOL- Thank you, Mr. PAYNE. night. It’s something we support be- SEY. Mr. PAYNE. Let me thank the gen- cause we know through the arc of his- Ms. WOOLSEY. First, I’d like to tlelady, the cochair of the Progressive tory bending towards justice, we move thank Chairman PAYNE and Majority Caucus. And let me commend your con- towards a more democratic and free

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6874 CONGRESSIONAL RECORD — HOUSE September 22, 2010 world, and that that should apply as and economic negotiations, when it Darfur or to corruption and poor lead- much to the people of Sudan and the came time for a commitment to peace- ership in any part of Sudan. Too much continent of Africa as it does here for keeping and multilateral operations blood has been shed and too many lives those blessed enough to be born in the that are so important, to those who have been lost. The United States must United States. have given tireless hours, and those continue to work with our inter- And we also know, and I know from who unfortunately are not here to see national allies to provide aid and pro- my experience of working in areas such this through to completion. mote peace—because that’s the right as Sierra Leone, that democracy and We are at a moment where, after thing to do. We should do everything fair elections are not something that years of struggle, we are brought to the we can to see to it that the citizens and happen on the day of the vote. They edge of the promised land. There is a leaders of Sudan come together, put an are something that must be built to- chance for us to see this through. Let end to tribal violence, and commit wards by ensuring a fair process of reg- us ensure a fair and just election proc- themselves to the welfare of Sudan. istration, of accountability, of avoiding ess for Southern Sudan. Let us use that Again, with my thanks to Mr. PAYNE the kind of intimidation and corrup- as a springboard to ensure democracy and to the majority leader for their tion that builds up in these situations. and basic justice and decency for the leadership, I yield back the balance of And I think it’s important to note west, the east, the north, and the cen- my time to the gentleman from New that we are keeping an eye on this ter of Sudan as well. Jersey. early, but we must be vigilant. The I thank Mr. HOYER. I thank Mr. Mr. PAYNE. Let me thank the gen- people of Darfur and the people of PAYNE. I thank all of those who have tleman for the continued good work Southern Sudan have a chance to spoken up. And I hope that this will that you do. speak. not be another case where we sit by As we conclude, you’ve heard the One of the greatest gifts of the Great- and let ‘‘never again’’ echo silently and words from our leader, Representative est Generation was the idea of global powerlessly through the ages, but in- HOYER, you’ve heard Members of the security in a world of expanding free- stead we look back proudly on what we Congress express themselves. I, too, dom and democracy. In the same way, stood up to do as Americans and as would like to say that this has been a they have handed that torch to us. As human beings. bipartisan effort. Congressman WOLF, Mr. PAYNE. Let me certainly once Americans, they asked us to make sure Senator BROWNBACK. The last hearing I again commend the gentleman from we were looking on that in terms of the had, I invited him to come to the Virginia. The work that he’s done community of nations. House hearing, and he did an out- speaks for him. And it’s a pleasure to And we’ve seen good bipartisan sup- standing job. have him in our House of Representa- port. I want to recognize the leadership But many of us say that this issue tives, and we will certainly look for- of Congressman FRANK WOLF and Sen- must be resolved. And it’s the historic ward to your continued leadership in ator BROWNBACK and others who’ve problem of the region of Egypt and been willing to shed a light on this the next Congress. At this time I’d like to introduce a Sudan. Back at the end of the Ottoman issue and speak up, not just on peace gentleman from Georgia who has Empire back in 1914, the British came vaguely, but the reality that we must shown interest in many issues as it re- in and jointly kind of ruled Egypt and be willing to hold this regime account- lates to human rights, the gentleman Sudan. And finally during the Suez able even when that’s difficult, even from the great State, as I mentioned Canal crisis in the early 1950s, the when that costs us diplomatic points. from Georgia, Representative BARROW. Egyptian revolution started to move With indicted world criminals like Mr. BARROW. I thank the gen- forward, and it was felt that Egypt and Haroun who are put into government tleman. I thank him for his leadership Sudan had to separate if Egypt was positions after having overseen some of in this area. going to get its independence. the worst atrocities of the last 25 I, too, want to join in thanking the Interestingly enough, Sudan was the years, we must ask ourselves whether majority leader for his leadership and first black nation to get independence we mean never again, whether we’re se- his passion on this issue and bringing from any of the colonial powers, back rious about justice and accountability. this matter to the attention of the on January 1 of 1956. However, right I’ve spent time with the rebel groups House this evening. prior to that independence, the war in Darfur. I’ve spent time with those Madam Speaker, I rise today in sup- broke out between the north and the who are suffering under decisions, port of the people of Sudan and to south. criminal decisions, horrific decisions pledge my continued commitment to And one of the problems that we have made by these individuals. Yes, we achieving lasting peace and security seen today was because the British had must start with this comprehensive for the Sudanese people. two administrations. It had an admin- peace agreement, we must not allow it Three years ago, I traveled to the istration for the north, and it had an to backslide. But we must also see this Darfur region of Sudan as part of an of- administration for the south. And way as the beginning of a process of ensur- ficial, bipartisan congressional delega- back during its administration, it cre- ing justice and accountability more tion. During that time, I was able to ated the difference between the north broadly. meet with a host of individuals ranging and the south. And those problems just One of the great Sudanese figures of from the President of Southern Sudan, continued to move forward. And some the modern era, Manute Bol, recently United Nations peacekeepers, min- of those issues remain today. The fact passed away. In fact, he spent his final isters from the government of South- that the many groups of Sudan, many days in a hospital in my district having ern Sudan, the Speaker of Parliament, diverse—there are about 38 million peo- given away literally everything he and rebel leader and Darfur Peace ple in Sudan. It’s interesting that 49 had—not just his financial resources Agreement-signatory, Mr. Minni percent are black, and 38 percent are but every ounce of energy he had in his Minawi. Each of these individuals holds Arab, and 11 percent are Nubians. soul and body to ensure this. He is just an essential stake in peace. And the problem in Darfur would sur- the tallest and most symbolic and Sudan’s Democratic and geographic prise many people because the known of those who have given their integrity, as well as the lives of its peo- Darfurians were people who worked lives in the fight for democracy and ple, depend on the continued leadership with the National Congress Party. The freedom for those in Southern Sudan. of these and many other individuals. Darfurians were persons who were in We must not allow Mr. Bol and oth- This year, as we mark the fifth anni- the armed services of the government ers to have died in vain. Those who are versary of the signing of the Com- of Sudan. in a position to ensure otherwise, in- prehensive Peace Agreement that put cluding those in this body on both sides an end to Sudan’s 21-year-old civil war, b 2100 of the aisle, must stand up and ensure I’m encouraged by the gains that have When the Government of Sudan those that who had the courage to been made, but there is still much turned on the Darfurian people, bomb- stand up and demand what was right, more work to be done. ing them, killing them, then allowing that we had their back, that we had The United States cannot and will the Janjaweed to come and rape and their back when it came to diplomacy not turn a blind eye to genocide in burn and pilfer, kill animals, throw

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6875 them into wells, shocked many people Mr. PAYNE. I yield back. Mr. COFFMAN of Colorado, for 5 min- because Darfurians were relatively f utes, September 23. loyal to the Government of Sudan. Ms. FOXX, for 5 minutes, today. So this is terrible government, a gov- LEAVE OF ABSENCE Mr. TIAHRT, for 5 minutes, today. ernment that has tried to have an By unanimous consent, leave of ab- Arabization program. And the war be- sence was granted to: f tween the north and the south is be- Ms. BORDALLO (at the request of Mr. cause Dr. John Garang and the people HOYER) for today and the balance of SENATE BILL REFERRED of the south who were Christians and the week on account of official busi- A bill of the Senate of the following animus did not want to live under ness in district. title was taken from the Speaker’s sharia law, which was being imposed by Mr. JACKSON of Illinois (at the re- table and, under the rule, referred as al-Bashir. quest of Mr. HOYER) for today on ac- follows: So we have to continue to push to count of travel delays. make sure that the CPA from January Ms. KILPATRICK of Michigan (at the S. 624. An act to provide 100,000,000 people with first-time access to safe drinking water 9 is upheld in 2011. We have to remem- request of Mr. HOYER) for today. ber those—Rebecca Garang, the widow and sanitation on a sustainable basis by 2015 f of Dr. John Garang, who still today is by improving the capacity of the United States Government to fully implement the raising her children. Those who have SPECIAL ORDERS GRANTED Senator Paul Simon Water for the Poor Act fought with the SPLA, SPLM for By unanimous consent, permission to of 2005; to the Committee on Foreign Affairs. many, many years will have their op- address the House, following the legis- portunity. lative program and any special orders f Whatever the people of Sudan and heretofore entered, was granted to: the south decide, that is what we (The following Members (at the re- ENROLLED BILL SIGNED should allow to be the word. It should quest of Mr. BRIGHT) to revise and ex- Lorraine C. Miller, Clerk of the be up to the people of the south, what- tend their remarks and include extra- House, reported and found truly en- ever they decide. Whether they decide neous material:) rolled a bill of the House of the fol- to remain a part of Sudan or whether Mr. BRIGHT, for 5 minutes, today. lowing title, which was thereupon they decide to separate, we should en- Ms. WOOLSEY, for 5 minutes, today. sure that whatever their decision is Mr. DEFAZIO, for 5 minutes, today. signed by the Speaker: that we will guarantee that the will of Ms. KAPTUR, for 5 minutes, today. H.R. 3562. An act to designate the federally the people be done. (The following Members (at the re- occupied building located at 1220 Echelon Parkway in Jackson, Mississippi, as the I would like to once again thank our quest of Mr. TIAHRT) to revise and ex- majority leader for his continued inter- tend their remarks and include extra- ‘‘James Chaney, Andrew Goodman, Michael est, Members who have come to par- Schwerner, and Roy K. Moore Federal Build- neous material:) ing’’. ticipate. Mr. BURTON of Indiana, for 5 minutes, GENERAL LEAVE today, September 23 and 24. f Mr. PAYNE. Madam Speaker, I ask Mr. POE of Texas, for 5 minutes, Sep- unanimous consent that all Members tember 28 and 29. ADJOURNMENT may have 5 legislative days in which to Mr. JONES, for 5 minutes, September revise and extend their remarks and in- 28 and 29. Mr. PAYNE. Madam Speaker, I move clude extraneous material on the sub- Mr. WESTMORELAND, for 5 minutes, that the House do now adjourn. ject of this Special Order on Sudan. today. The motion was agreed to; accord- The SPEAKER pro tempore. Is there Ms. ROS-LEHTINEN, for 5 minutes, ingly (at 9 o’clock and 3 minutes p.m.), objection to the request of the gen- today and September 23. the House adjourned until tomorrow, tleman from New Jersey? Mr. THOMPSON of Pennsylvania, for 5 Thursday, September 23, 2010, at 10 There was no objection. hminutes, September 23. a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 2923, the Combat Methamphetamine Enhancement Act, as amended, for printing in the CONGRES- SIONAL RECORD.

ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 2923, THE COMBAT METHAMPHETAMINE ENHANCEMENT ACT OF 2010, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go-Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: Enacting H.R. 2923 could increase revenues and direct spending, but CBO estimates that nay net budget impact would not be significant in any year. The bill would require retail businesses that sell certain pharmaceuticals through the mail to submit a self-certification document to the Drug Enforcement Administration (DEA). The bill also would prohibit distributors of certain pharmaceuticals from selling products to persons who have not registered or self- certified with DEA. Violators of the bill’s provisions would be subject to civil and criminal fines. Civil fines are recorded as revenues and deposited in the U.S. Treasury. Criminal fines are recorded as revenues, then deposited in the Crime Victims Fund, and later spent. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 4195, To authorize the Peace Corps Commemorative Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes, as amended, for printing in the CONGRESSIONAL RECORD.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 8634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6876 CONGRESSIONAL RECORD — HOUSE September 22, 2010 ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 4195, A BILL TO AUTHORIZE THE PEACE CORPS COMMEMORATIVE FOUNDATION TO ESTABLISH A COMMEMORATIVE WORK IN THE DISTRICT OF COLUMBIA AND ITS ENVIRONS, AND FOR OTHER PURPOSES, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go-Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: H.R. 4195 would authorize a nonprofit organization to establish a commemorative work on federal lands in the District of Columbia. Under current law, sponsors of the project would donate 10 percent of the memorial’s estimated cost to the federal government for future maintenance. That receipt would be fully offset by transfers to the National Park Foundation (a nonprofit organization), where funds would be retained until used. Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 6130, the Strengthening Medicare Anti-Fraud Measures Act of 2010, as amended, for printing in the CONGRESSIONAL RECORD. ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 6130, STRENGTHENING MEDICARE ANTI-FRAUD MEASURES ACT OF 2010, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go-Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Note: H.R. 6130 would give the Secretary of Health and Human Services additional authority to exclude individuals from participation in federal health care programs if they are affiliated with an entity that has been sanctioned. Enact- ing this legislation could affect direct spending for Medicare and Medicaid. CBO expects the bill would result in the exclusion of few individuals who would not be excluded under current law. CBO estimates that enacting H.R. 6130 would have no significant budgetary impact. h

EXECUTIVE COMMUNICATIONS, 9503. A letter from the Assistant Secretary, 9511. A letter from the Attorney Advisor, ETC. Legislative Affairs, Department of State, Department of Homeland Security, transmit- transmitting Transmittal No. DDTC 10-092, ting the Department’s final rule — Security Under clause 2 of rule XIV, executive pursuant to the reporting requirements of Zone; Potomac River, Charles County, MD communications were taken from the Section 36(c) of the Arms Export Control [Docket No.: USCG-2008-1089] (RIN: 1625- Speaker’s table and referred as follows: Act; to the Committee on Foreign Affairs. AA87) received August 19, 2010, pursuant to 5 9494. A communication from the President 9504. A letter from the Assistant Secretary, U.S.C. 801(a)(1)(A); to the Committee on of the United States, transmitting A Request Legislative Affairs, Department of State, Transportation and Infrastructure. For Budget Amendments For Fiscal Year transmitting Transmittal No. DDTC 10-095, 9512. A letter from the Attorney Advisor, 2011 proposals in the Fiscal Year 2011 Budget pursuant to the reporting requirements of Department of Homeland Security, transmit- for the Department of the Interior (H. Doc. Section 36(c) of the Arms Export Control ting the Department’s final rule — Safety No. 111–144); to the Committee on Appropria- Act; to the Committee on Foreign Affairs. Zone; Allegheny, Monogahela, and Ohio Riv- tions and ordered to be printed. 9505. A letter from the Assistant Secretary, ers, Pittsburgh, PA [Docket No.: USCG-2008- 9495. A letter from the Under Secretary, Legislative Affairs, Department of State, 0992] (RIN: 1625-AA00) received August 19, Department of Defense, transmitting report transmitting Transmittal No. DDTC 10-096, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the on proposed obligations of funds provided for pursuant to the reporting requirements of Committee on Transportation and Infra- the Cooperative Threat Reduction Program; Section 36(c) of the Arms Export Control structure. to the Committee on Foreign Affairs. Act; to the Committee on Foreign Affairs. 9513. A letter from the Attorney Advisor, 9506. A letter from the Assistant Secretary, 9496. A letter from the Assistant Secretary, Department of Homeland Security, transmit- Legislative Affairs, Department of State, Legislative Affairs, Department of State, ting the Department’s final rule — Security transmitting Transmittal No. DDTC 10-083, transmitting Transmittal No. DDTC 10-056, Zone; Captain of the Port Sector Lake pursuant to the reporting requirements of pursuant to the reporting requirements of Michigan, Chicago River Main Branch and Section 36(d) of the Arms Export Control Section 36(c) of the Arms Export Control Monroe Harbor, Chicago, IL [Docket No.: Act; to the Committee on Foreign Affairs. Act; to the Committee on Foreign Affairs. 9507. A letter from the Attorney Advisor, USCG-2008-1098] (RIN:1625-AA00) received Au- 9497. A letter from the Assistant Secretary, gust 19, 2010, pursuant to 5 U.S.C. Legislative Affairs, Department of State, Department of Homeland Security, transmit- ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- transmitting Transmittal No. DDTC 10-077, tation and Infrastructure. pursuant to the reporting requirements of Zone; Captain of the Port San Juan Tropical Cyclone Safety Zone [Docket No.: USCG- 9514. A letter from the Attorney Advisor, Section 36(c) and 36(d) of the Arms Export Department of Homeland Security, transmit- Control Act; to the Committee on Foreign 2008-1056] (RIN: 1625-AA00) received August 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Safety Affairs. Zone; Golden Gate Ferry Vessel Mutual As- 9498. A letter from the Assistant Secretary, the Committee on Transportation and Infra- sistance Plan Exercise, San Francisco Bay, Legislative Affairs, Department of State, structure. CA [Docket No.: USCG-2008-1068] (RIN: 1625- transmitting Transmittal No. DDTC 10-098, 9508. A letter from the Attorney Advisor, AA00) received August 19, 2010, pursuant to 5 pursuant to the reporting requirements of Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on Section 36(c) of the Arms Export Control ting the Department’s final rule — Safety Transportation and Infrastructure. Act; to the Committee on Foreign Affairs. Zone; Vestin Fireworks Display; San Diego 9499. A letter from the Assistant Secretary, Bay, San Diego, CA [Docket No.: USCG-2008- 9515. A letter from the Attorney Advisor, Legislative Affairs, Department of State, 1075] (RIN: 1625-AA00) received August 19, Department of Homeland Security, transmit- transmitting Transmittal No. DDTC 10-097, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Safety pursuant to the reporting requirements of Committee on Transportation and Infra- Zone; Gulf Intracoastal Water Way Mile 539, Section 36(c) of the Arms Export Control structure. Ingleside, Texas [Docket No.: USCG-2008- Act; to the Committee on Foreign Affairs. 9509. A letter from the Attorney Advisor, 0999] (RIN: 1625-AA00) received August 19, 9500. A letter from the Assistant Secretary, Department of Homeland Security, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Legislative Affairs, Department of State, ting the Department’s final rule — Safety Committee on Transportation and Infra- transmitting Transmittal No. DDTC 10-090, Zones: Mock Cannon Battle between the S/V structure. pursuant to the reporting requirements of Lady Washington and Hawaiian Chieftain, 9516. A letter from the Attorney Advisor, Section 36(c) of the Arms Export Control San Francisco, CA [Docket No.: USCG-2008- Department of Homeland Security, transmit- Act; to the Committee on Foreign Affairs. 1076] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety 9501. A letter from the Assistant Secretary, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; AVI Resort and Casino Fireworks Legislative Affairs, Department of State, Committee on Transportation and Infra- Show, Colorado River, Laughlin, NV [Docket transmitting Transmittal No. DDTC 10-087, structure. No.: USCG-2008-0804] (RIN: 1625-AA00) re- pursuant to the reporting requirements of 9510. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Section 36(c) of the Arms Export Control Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Act; to the Committee on Foreign Affairs. ting the Department’s final rule — Safety tation and Infrastructure. 9502. A letter from the Assistant Secretary, Zone; Transformers Film Production; San 9517. A letter from the Attorney Advisor, Legislative Affairs, Department of State, Diego Bay, San Diego, CA [Docket No.: Department of Homeland Security, transmit- transmitting Transmittal No. DDTC 10-094, USCG-2008-1086] (RIN: 1625-AA00) received ting the Department’s final rule — Safety pursuant to the reporting requirements of August 19, 2010, pursuant to 5 U.S.C. Zone; St. Croix Coral Reef Swim, Buck Is- Section 36(c) of the Arms Export Control 801(a)(1)(A); to the Committee on Transpor- land Channel, ASVI [Docket No.: USCG-2008- Act; to the Committee on Foreign Affairs. tation and Infrastructure. 0809] (RIN: 1625-AA00) received August 19,

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6877 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the received August 19, 2010, pursuant to 5 U.S.C. Zone; Sunken Barge, New Haven Harbor, Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- New Haven, CT [Docket No.: USCG-2008-1266] structure. tation and Infrastructure. (RIN: 1625-AA00) received August 19, 2010, 9518. A letter from the Attorney Advisor, 9528. A letter from the Attorney Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- ting the Department’s final rule — Safety ting the Department’s final rule — Safety ture. Zone; Underwater Object, Massachusetts Zone; Delivery of Dry Dock to Detyens Ship- 9538. A letter from the Attorney Advisor, Bay, MA [Docket No.: USCG-2008-1272] (RIN: yard, Charleston, South Carolina [Docket Department of Homeland Security, transmit- 1625-AA00) received August 19, 2010, pursuant No.: USCG-2008-1145] (RIN: 1625-AA00) re- ting the Department’s final rule — Safety to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived August 19, 2010, pursuant to 5 U.S.C. Zone; Sunken Barge, New Haven Harbor, Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- New Haven, CT [Docket No.: USCG-2008-1250] 9519. A letter from the Attorney Advisor, tation and Infrastructure. (RIN: 1625-AA00) received August 19, 2010, Department of Homeland Security, transmit- 9529. A letter from the Attorney Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Department’s final rule — Safety Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- zone; AVI May Fireworks Display; Laughlin, ting the Department’s final rule — Safety ture. Nevada [Docket No.: USCG-2008-1260] (RIN: Zone; Sodium Cyanide, South of Greens 9539. A letter from the Attorney Advisor, 1625-AA00) received August 19, 2010, pursuant Bayou in Harris County, Texas [Docket No.: Department of Homeland Security, transmit- to 5 U.S.C. 801(a)(1)(A); to the Committee on USCG-2008-0983] (RIN: 1625-AA00) received ting the Department’s final rule — Safety Transportation and Infrastructure. August 19, 2010, pursuant to 5 U.S.C. Zone: Weather-Forced Restriction of the 9520. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- Depoe Bay Bar on the Oregon Coast [Docket Department of Homeland Security, transmit- tation and Infrastructure. No.: USCG-2008-1202] (RIN: 1625-AA00) re- ting the Department’s final rule — Safety 9530. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Zone; Allegheny, Monongahela, and Ohio Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Rivers, Pittsburgh, PA [Docket No.: USCG- ting the Department’s final rule — Safety tation and Infrastructure. 2008-0932] (RIN: 1625-AA00) received August Zone; Vessel Restriction, Glacier NW Gravel 9540. A letter from the Attorney Advisor, 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Pit Dock, Maury Island, WA [Docket No.: Department of Homeland Security, transmit- the Committee on Transportation and Infra- USCG-2008-1127] (RIN: 1625-AA00) received ting the Department’s final rule — Safety structure. August 19, 2010, pursuant to 5 U.S.C. Zone; Naval Underwater Detonation; San 9521. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- Clemente Island, California [Docket No.: Department of Homeland Security, transmit- tation and Infrastructure. USCG-2008-1138] (RIN: 1625-AA00) received ting the Department’s final rule — Safety 9531. A letter from the Attorney Advisor, August 19, 2010, pursuant to 5 U.S.C. Zone; Monte Foundation Fireworks Extrava- Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- ganza Fireworks Display, Aptos, CA [Docket ting the Department’s final rule — Safety tation and Infrastructure. No.: USCG-2008-0935] (RIN: 1625-AA00) re- Zone; Sea World Fireworks Display, Mission 9541. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Bay, San Diego, CA [Docket No.: USCG-2008- Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- 0985] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety tation and Infrastructure. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Stack Demolition, Hudson River, 9522. A letter from the Attorney Advisor, Committee on Transportation and Infra- Tomkins Cove, NY [Docket No.: USCG-2008- Department of Homeland Security, transmit- structure. 1153] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety 9532. A letter from the Attorney Advisor, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Baltimore Captain of the Port Zone Department of Homeland Security, transmit- Committee on Transportation and Infra- [Docket No.: USCG-2008-0936] (RIN: 1625- ting the Department’s final rule — Draw- structure. AA00) received August 19, 2010, pursuant to 5 bridge Operation Regulations; Long Island, 9542. A letter from the Attorney Advisor, U.S.C. 801(a)(1)(A); to the Committee on New York Inland Waterway from East Rock- Department of Homeland Security, transmit- Transportation and Infrastructure. away Inlet to Shinnecock Canal, Yaphank, ting the Department’s final rule — Security 9523. A letter from the Attorney Advisor, NY, Maintenance [USCG-2008-1142] received Zone; HMCS Charlottetown [Docket No.: Department of Homeland Security, transmit- August 19, 2010, pursuant to 5 U.S.C. USCG-2008-0941] (RIN: 1625-AA87) received ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- August 19, 2010, pursuant to 5 U.S.C. Zone: The intercoastal waterways between tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- the Great Bridge Lock on the Southern 9533. A letter from the Attorney Advisor, tation and Infrastructure. Branch of the Elizabeth River and the Department of Homeland Security, transmit- 9543. A letter from the Attorney Advisor, Virgina-North Carolina state border [Docket ting the Department’s final rule — Safety Department of Homeland Security, transmit- No.: USCG-2008-0938] (RIN: 1625-AA00) re- Zone; USS Midway Fireworks Display; San ting the Department’s final rule — Safety ceived August 19, 2010, pursuant to 5 U.S.C. Diego Bay, San Diego, California [Docket Zone: Weather-Forced Restrictions on the 801(a)(1)(A); to the Committee on Transpor- No.: USCG-2008-1115] (RIN: 1625-AA00) re- Chetco River Bar and Entrance, Oregon tation and Infrastructure. ceived August 19, 2010, pursuant to 5 U.S.C. [Docket No.: USCG-2008-1204] (RIN: 1625- 9524. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- AA00) received August 19, 2010, pursuant to 5 Department of Homeland Security, transmit- tation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety 9534. A letter from the Attorney Advisor, Transportation and Infrastructure. Zone; Captain of the Port Zone, North Caro- Department of Homeland Security, transmit- 9544. A letter from the Attorney Advisor, lina [Docket No.: USCG-2008-0939] (RIN: 1625- ting the Department’s final rule — Safety Department of Homeland Security, transmit- AA00) received August 19, 2010, pursuant to 5 Zone; Fireworks Display, Potomac River, ting the Department’s final rule — Security U.S.C. 801(a)(1)(A); to the Committee on National Harbor, MD [Docket No.: USCG- Zone: Republican Governors Association Transportation and Infrastructure. 2008-1123] (RIN: 1625-AA00) received August Conference, Inter-Continental Hotel, Miami, 9525. A letter from the Attorney Advisor, 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Flordia [Docket No.: USCG-2008-1069] (RIN: Department of Homeland Security, transmit- the Committee on Transportation and Infra- 1625-AA87) received August 19, 2010, pursuant ting the Department’s final rule — Safety structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Zone; Gulf of Alaska, Narrow Cape, Kodiak 9535. A letter from the Attorney Advisor, Transportation and Infrastructure. Island, AK [Docket No.: USCG-2008-1159] Department of Homeland Security, transmit- 9545. A letter from the Attorney Advisor, (RIN: 1625-AA00) received August 19, 2010, ting the Department’s final rule — Safety Department of Homeland Security, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone; BIG NIGHT Fireworks Display; San ting the Department’s final rule — Safety mittee on Transportation and Infrastruc- Diego Bay, San Diego, California [Docket Zone; Ironman 70.3 California; Oceanside ture. No.: USCG-2008-1103] (RIN: 1625-AA00) re- Harbor, Oceanside, CA [Docket No.: USCG- 9526. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. 2008-1219] (RIN: 1625-AA00) received August Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to ting the Department’s final rule — Safety tation and Infrastructure. the Committee on Transportation and Infra- Zone; Spirit of the Lake Regatta, Lake Supe- 9536. A letter from the Attorney Advisor, structure. rior, Superior, WI [Docket No.: USCG-2008- Department of Homeland Security, transmit- 9546. A letter from the Attorney Advisor, 0970] (RIN: 1625-AA00) received August 19, ting the Department’s final rule — Safety Department of Homeland Security, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone: Intrepid Sea, Air and Space Museum ting the Department’s final rule — Special Committee on Transportation and Infra- Visit, Hudson River, New York, NY [Docket Local Regulations for Marine Events; San structure. No.: USCG-2008-1100] (RIN: 1625-AA87) re- Francisco Bay Navy Fleet Week Parade of 9527. A letter from the Attorney Advisor, ceived August 19, 2010, pursuant to 5 U.S.C. Ships and Blue Angels Demonstrations, San Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Francisco Bay, CA [Docket No.: USCG-2008- ting the Department’s final rule — Safety tation and Infrastructure. 0967] (RIN: 1625-AA08) received August 19, Zone; Detonation of Underwater Ordnance; 9537. A letter from the Attorney Advisor, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Northwest Harbor, San Clemente, California Department of Homeland Security, transmit- Committee on Transportation and Infra- [Docket No.: USCG-2008-0979](RIN: 1625-AA00) ting the Department’s final rule — Safety structure.

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H6878 CONGRESSIONAL RECORD — HOUSE September 22, 2010 9547. A letter from the Attorney Advisor, Royal, Virginia, and for other purposes make capital investments in eligible institu- Department of Homeland Security, transmit- (Rept. 111–612, Pt. 1). Ordered to be printed. tions in order to increase the availability of ting the Department’s final rule — Safety Mr. OBERSTAR: Committee on Transpor- credit for small businesses, to amend the In- Zone; Blue Water Resort and Casino Spring tation and Infrastructure. H.R. 5717. A bill to ternal Revenue Code of 1986 to provide tax Classic; Colorado River, Parker, AZ [Docket authorize the Board of Regents of the Smith- incentives for small business job creation, No.: USCG-2008-1221] (RIN: 1625-AA00) re- sonian Institution to plan, design, and con- and for other purposes (Rept. 111–621). Re- ceived August 19, 2010, pursuant to 5 U.S.C. struct a facility and to enter into agree- ferred to the House Calendar. 801(a)(1)(A); to the Committee on Transpor- ments relating to education programs at the Mr. BERMAN: Committee on Foreign Af- tation and Infrastructure. National Zoological Park facility in Front fairs. House Resolution 252. Resolution call- 9548. A letter from the Attorney Advisor, Royal, Virginia, and for other purposes; with ing upon the President to ensure that the Department of Homeland Security, transmit- an amendment (Rept. 111–612, Pt. 2). Referred foreign policy of the United States reflects ting the Department’s final rule — Safety to the Committee of the Whole House on the appropriate understanding and sensitivity Zone; Allegheny, Monongahela, and Ohio State of the Union. concerning issues related to human rights, Rivers, Pittsburgh, PA [Docket No.: USCG- [Filed on September 22, 2010] ethnic cleansing, and genocide documented 2008-1222] (RIN: 1625-AA00) received August in the United States record relating to the Mr. OBERSTAR: Committee on Transpor- 19, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Armenian Genocide, and for other purposes tation and Infrastructure. H.R. 4714. A bill to the Committee on Transportation and Infra- (Rept. 111–622). Referred to the House Cal- amend title 49, United States Code, to au- structure. endar. thorize appropriations for the National 9549. A letter from the Attorney Advisor, Transportation Safety Board for fiscal years DISCHARGE OF COMMITTEE Department of Homeland Security, transmit- 2011 through 2014, and for other purposes; The Committee on the Judiciary dis- ting the Department’s final rule — Regu- with an amendment (Rept. 111–613). Referred charged from further consideration. H.R. 2923 lated Navigation Area, Biscayne Bay, FL to the Committee of the Whole House on the referred to the Committee of the Whole [Docket No.: USCG-2008-0933] (RIN: 1625- State of the Union. House on the State of the Union. AA11) received August 19, 2010, pursuant to 5 Mr. OBERSTAR: Committee on Transpor- The Committee on House Administration U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. H.R. 1997. A bill to discharged from further consideration. H.R. Transportation and Infrastructure. direct the Secretary of Transportation to up- 4790 referred to the Committee of the Whole 9550. A letter from the Attorney Advisor, date a research report and issue guidance to House on the State of the Union. Department of Homeland Security, transmit- the States with respect to reducing lighting The Committee on the Judiciary dis- ting the Department’s final rule — Safety on the Federal-aid system during periods of charged from further consideration. H.R. 5809 Zone; San Juan Harbor, Puerto Rico [Docket low traffic density, and for other purposes referred to the Committee of the Whole No.: USCG-2008-1233] (RIN: 1625-AA87) re- (Rept. 111–614, Pt. 1). Ordered to be printed. House on the State of the Union. ceived August 19, 2010, pursuant to 5 U.S.C. Mr. WAXMAN: Committee on Energy and f 801(a)(1)(A); to the Committee on Transpor- Commerce. H.R. 2923. A bill to enhance the tation and Infrastructure. ability to combat methamphetamine (Rept. TIME LIMITATION OF REFERRED 9551. A letter from the Attorney Advisor, 111–615, Pt. 1). Referred to the Committee of BILL Department of Homeland Security, transmit- the Whole House on the State of the Union. Pursuant to clause 2 of rule XII the ting the Department’s final rule — Draw- Mr. WAXMAN: Committee on Energy and bridge Operation Regulation; Atlantic Intra- Commerce. H.R. 5710. A bill to amend and re- following action was taken by the coastal Waterway, Cape Canaveral, FL authorize the controlled substance moni- Speaker: [Docket No.: USCG-2008-1020] received Au- toring program under section 3990 of the H.R. 1997. Referral to the Committee on gust 19, 2010, pursuant to 5 U.S.C. Public Health Service Act; with an amend- Science and Technology extended for a pe- 801(a)(1)(A); to the Committee on Transpor- ment (Rept. 111–616). Referred to the Com- riod ending not later than November 15, 2010. tation and Infrastructure. mittee of the Whole House on the State of f 9552. A letter from the Attorney Advisor, the Union. Department of Homeland Security, transmit- Mr. WAXMAN: Committee on Energy and PUBLIC BILLS AND RESOLUTIONS ting the Department’s final rule — Safety Commerce. H.R. 5756. A bill to amend title I Zone; San Juan Harbor, San Juan, PR [Dock- Under clause 2 of rule XII, public of the Developmental Disabilities Assistance bills and resolutions of the following et No.: USCG-2008-1234] (RIN: 1625-AA00) re- and Bill of Rights Act of 2000 to provide for ceived August 19, 2010, pursuant to 5 U.S.C. grants and technical assistance to improve titles were introduced and severally re- 801(a)(1)(A); to the Committee on Transpor- services rendered to children and adults with ferred, as follows: tation and Infrastructure. autism, and their families, and to expand the By Mr. ELLSWORTH: 9553. A letter from the Attorney Advisor, number of University Centers for Excellence H.R. 6159. A bill to amend the Internal Rev- Department of Homeland Security, transmit- in Developmental Disabilities Education, Re- enue Code of 1986 to allow a credit for infant ting the Department’s final rule — Security search, and Service; with amendments (Rept. formula rebates paid under the special sup- Zone; On the Waters in Kailua Bay, Oahu, HI 111–617). Referred to the Committee of the plemental nutrition program for women, in- [Docket No.: USCG-2008-1235 formerly COTP Whole House on the State of the Union. fants, and children; to the Committee on Honolulu 08-009] (RIN: 1625-AA87) received Mr. WAXMAN: Committee on Energy and Ways and Means. August 19, 2010, pursuant to 5 U.S.C. Commerce. H.R. 5809. A bill to amend the By Mrs. DAHLKEMPER (for herself, 801(a)(1)(A); to the Committee on Transpor- Controlled Substances Act to provide for Mr. LEWIS of California, Mr. COFFMAN tation and Infrastructure. take-back disposal of controlled substances of Colorado, Mr. GORDON of Ten- 9554. A letter from the Attorney Advisor, in certain instances, and for other purposes; nessee, and Mr. CARNAHAN): Department of Homeland Security, transmit- with an amendment (Rept. 111–618, Pt. 1). Re- H.R. 6160. A bill to develop a rare earth ma- ting the Department’s final rule — Safety ferred to the Committee of the Whole House terials program, to amend the National Ma- Zone: Weather-Forced Restrictions on the on the State of the Union. terials and Minerals Policy, Research and Tillamook Bay Entrance on the Oregon Mr. FRANK: Committee on Financial Serv- Development Act of 1980, and for other pur- Coast [Docket No.: USCG-2008-1245] (RIN: ices. H.R. 2336. A bill to encourage energy ef- poses; to the Committee on Science and 1625-AA00) received August 19, 2010, pursuant ficiency and conservation and development Technology. to 5 U.S.C. 801(a)(1)(A); to the Committee on of renewable energy sources for housing, By Mr. CONYERS (for himself and Mr. Transportation and Infrastructure. commercial structures, and other buildings, SMITH of Texas): f and to create sustainable communities; with H.R. 6161. A bill to enact title 54, United REPORTS OF COMMITTEES ON an amendment (Rept. 111–619). Referred to States Code, ‘‘National Park System’’, as the Committee of the Whole House on the positive law; to the Committee on the Judi- PUBLIC BILLS AND RESOLUTIONS State of the Union. ciary. Under clause 2 of rule XIII, reports of Mr. FRANK: Committee on Financial Serv- By Mr. WATT: committees were delivered to the Clerk ices. H.R. 4790. A bill to amend the Securities H.R. 6162. A bill to provide research and de- for printing and reference to the proper Exchange Act of 1934 to require shareholder velopment authority for alternative coinage calendar, as follows: authorization before a public company may materials to the Secretary of the Treasury, make certain political expenditures, and for increase congressional oversight over coin [Omitted from the Record of September 20, 2010 other purposes; with an amendment (Rept. production, and ensure the continuity of cer- with a redesignation] 111–620, Pt. 1). Referred to the Committee of tain numismatic items; to the Committee on Mr. BRADY of Pennsylvania: Committee the Whole House on the State of the Union. Financial Services. on House Administration. H.R. 5717. A bill to Ms. PINGREE of Maine: Committee on By Mr. BOOZMAN: authorize the Board of Regents of the Smith- Rules. House Resolution 1640. Resolution H.R. 6163. A bill to require the Secretary of sonian Institution to plan, design, and con- providing for consideration of the Senate Health and Human Services to approve waiv- struct a facility and to enter into agree- amendment to the bill (H.R. 5297) to create ers under the Medicaid Program under title ments relating to education programs at the the Small Business Lending Fund Program XIX of the Social Security Act that are re- National Zoological Park facility in Front to direct the Secretary of the Treasury to lated to State provider taxes that exempt

VerDate Mar 15 2010 21:58 Nov 24, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H22SE0.REC H22SE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 22, 2010 CONGRESSIONAL RECORD — HOUSE H6879 certain retirement communities; to the through increased funding for research and By Mr. LARSEN of Washington (for Committee on Energy and Commerce. commercial development of regenerative himself and Mr. DEFAZIO): By Mr. BACA: medicine products and development of a reg- H.R. 6184. A bill to amend the Water Re- H.R. 6164. A bill to amend the Internal Rev- ulatory environment that enables rapid ap- sources Development Act of 2000 to extend enue Code of 1986 to allow a credit against proval of safe and effective products, and for and modify the program allowing the Sec- tax for certain fruit and vegetable farmers; other purposes; to the Committee on Energy retary of the Army to accept and expend to the Committee on Ways and Means. and Commerce. funds contributed by non-Federal public en- By Ms. SCHWARTZ (for herself, Mr. By Ms. CHU (for herself and Ms. LEE of tities to expedite the evaluation of permits, PASCRELL, Mr. BRADY of Texas, and California): and for other purposes; to the Committee on Mr. NUNES): H.R. 6174. A bill to direct the Secretary of Transportation and Infrastructure. H.R. 6165. A bill to amend the Internal Rev- Education to award grants to eligible enti- By Mr. MCCAUL: enue Code of 1986 to provide incentives for ties to establish or expand linked learning H.R. 6185. A bill to designate the facility of life sciences research; to the Committee on pathways and a system of pathways, and for the United States Postal Service located at Ways and Means. other purposes; to the Committee on Edu- 122 North Holderrieth Boulevard in Tomball, By Mr. REHBERG: cation and Labor. Texas, as the ‘‘Tomball Veterans Post Of- H.R. 6166. A bill to authorize the produc- By Mr. CONNOLLY of Virginia: fice’’; to the Committee on Oversight and tion of palladium bullion coins to provide af- H.R. 6175. A bill to amend title 5, United Government Reform. fordable opportunities for investments in States Code, to provide that payments under By Mr. POSEY: precious metals, and for other purposes; to the Federal employees’ group life insurance H.R. 6186. A bill to amend the Congres- the Committee on Financial Services. program shall be made in a lump sum, unless sional Budget Act of 1974 to establish discre- By Mr. OBERSTAR (for himself and the insured or the beneficiary elects other- tionary and mandatory deficit reduction ac- Mr. CUMMINGS): wise; to the Committee on Oversight and counts; to the Committee on Rules, and in H.R. 6167. A bill to amend title 46, United Government Reform. addition to the Committee on the Budget, States Code, to require the Federal Maritime for a period to be subsequently determined Commission to maintain an Office of Dispute By Mr. DEUTCH: H.R. 6176. A bill to amend section 340B of by the Speaker, in each case for consider- Resolution and Customer Advocate, and for the Public Health Service Act to allow cer- ation of such provisions as fall within the ju- other purposes; to the Committee on Trans- risdiction of the committee concerned. portation and Infrastructure. tain covered entities to resell or transfer a covered outpatient drug to an individual By Mr. TAYLOR (for himself, Mr. By Mr. CAMP (for himself and Mr. CAN- with HIV/AIDS in connection with medica- SKELTON, Mr. JONES, and Mr. BART- TOR): LETT): H.R. 6168. A bill to amend the Internal Rev- tion regimen adherence services being pro- H.R. 6187. A bill to direct the Secretary of enue Code of 1986 to allow a deduction for vided to the individual by a licensed health the Army to seek to enter into certain con- certain small business income; to the Com- care professional of the entity; to the Com- tracts regarding roller systems; to the Com- mittee on Ways and Means. mittee on Energy and Commerce. mittee on Armed Services. By Mr. BURGESS (for himself, Mr. By Mr. DJOU: By Mr. WALZ (for himself and Mr. MARKEY of Massachusetts, and Mr. H.R. 6177. A bill to amend title 10, United States Code, to ensure the timeliness of in- BOOZMAN): SMITH of New Jersey): H.R. 6188. A bill to amend title 38, United H.R. 6169. A bill to authorize the issuance formation used in considering a member of States Code, to make certain improvements of United States bonds to fund Alzheimer’s the Armed Forces for an administrative sep- in the laws relating to default procedures for research; to the Committee on Ways and aration, and for other purposes; to the Com- Means, and in addition to the Committee on mittee on Armed Services. loans guaranteed by the Department of Vet- Energy and Commerce, for a period to be By Mr. DJOU: erans Affairs; to the Committee on Veterans’ subsequently determined by the Speaker, in H.R. 6178. A bill to require applicants for Affairs. each case for consideration of such provi- assistance under section 811 of the Cranston- By Mr. WHITFIELD (for himself and sions as fall within the jurisdiction of the Gonzalez National Affordable Housing Act Mr. POLIS): H.R. 6189. A bill to amend the Energy Em- committee concerned. for supportive housing for persons with dis- ployees Occupational Illness Compensation By Mr. PRICE of Georgia (for himself, abilities to hold public meetings regarding Program Act of 2000 to establish the Advi- Mr. GINGREY of Georgia, Mr. FLEM- such applications; to the Committee on Fi- sory Board on Toxic Substances and Worker ING, Mr. PAUL, Mr. CONAWAY, Mr. nancial Services. Health for the contractor employee com- KING of Iowa, Mr. FRANKS of Arizona, By Mr. DJOU: pensation program under subtitle E of such Mr. GOHMERT, Mr. COFFMAN of Colo- H.R. 6179. A bill to exempt employment in Act; to the Committee on the Judiciary, and rado, Mr. ROONEY, Mr. POSEY, and the mobile amusement industry from the nu- in addition to the Committee on Education Mr. ROE of Tennessee): merical limitation applicable to non- H.R. 6170. A bill to prohibit the Secretary immigrants provided status under section and Labor, for a period to be subsequently of Health and Human Services from pre- 101(a)(15)(H)(ii)(b) of the Immigration and determined by the Speaker, in each case for cluding patients from entering into any con- Nationality Act; to the Committee on the consideration of such provisions as fall with- tract with their health care providers; to the Judiciary. in the jurisdiction of the committee con- Committee on Energy and Commerce. By Mr. HALL of New York: cerned. By Mr. PRICE of Georgia (for himself, H.R. 6180. A bill to amend the conservation By Mr. PRICE of Georgia (for himself, Mr. GINGREY of Georgia, Mr. FLEM- provisions of the Food Security Act of 1985 Mr. JORDAN of Ohio, Mr. AKIN, Mr. ING, Mr. SHADEGG, Mr. DANIEL E. to promote the conservation and improve- ALEXANDER, Mr. BARTON of Texas, LUNGREN of California, Mr. KING of ment of the soil, water, and wildlife re- Mrs. BLACKBURN, Mr. BRADY of Texas, Iowa, Mr. THOMPSON of Pennsylvania, sources of lands containing muck soils, and Mr. BROUN of Georgia, Mr. BURTON of Mr. CONAWAY, Mr. GOHMERT, Mr. for other purposes; to the Committee on Ag- Indiana, Mr. COFFMAN of Colorado, FRANKS of Arizona, Mr. POSEY, Mr. riculture. Mr. CONAWAY, Mr. FLEMING, Mr. ROONEY, Mr. BILBRAY, Mr. COFFMAN By Mr. HASTINGS of Florida (for him- FRANKS of Arizona, Mr. GARRETT of of Colorado, Mr. MCCLINTOCK, and self, Mr. DEUTCH, and Mr. KLEIN of New Jersey, Mr. GOHMERT, Mr. Mr. ROE of Tennessee): Florida): HENSARLING, Mr. HERGER, Mr. ISSA, H.R. 6171. A bill to prohibit conditioning li- H.R. 6181. A bill to amend the Internal Rev- Mr. SAM JOHNSON of Texas, Mr. KING censure of a health care provider upon par- enue Code of 1986 to encourage investments of Iowa, Mr. MACK, Mr. MCCLINTOCK, ticipation in a health plan; to the Committee in infrastructure, and for other purposes; to Mr. SHADEGG, and Mr. UPTON): on Energy and Commerce. the Committee on Ways and Means. H.J. Res. 96. A joint resolution making By Mr. BISHOP of New York (for him- By Mr. KRATOVIL: full-year continuing appropriations for fiscal self, Mr. GEORGE MILLER of Cali- H.R. 6182. A bill to amend the Federal year 2011 at lower, previous year levels, and fornia, Mr. HOLT, Mr. COURTNEY, Mr. Water Pollution Control Act to authorize the for other purposes; to the Committee on Ap- LOEBSACK, Mr. HARE, Ms. WOOLSEY, Administrator of the Environmental Protec- propriations. Mr. POLIS, Mr. ANDREWS, Mrs. tion Agency to make additional capitaliza- By Mr. CARTER (for himself, Ms. MCCARTHY of New York, Mr. tion grants to the water pollution control re- SCHWARTZ, Mr. CRENSHAW, Mr. CAR- GRIJALVA, and Ms. FUDGE): volving funds of States that adopt smart SON of Indiana, Mr. HILL, Mr. H.R. 6172. A bill to promote minimum growth principles; to the Committee on WITTMAN, Mr. ROGERS of Kentucky, State requirements for the prevention and Transportation and Infrastructure. Ms. MCCOLLUM, Mr. OWENS, Mr. treatment of concussions caused by partici- By Mr. LANGEVIN (for himself, Mr. YOUNG of Florida, Mr. LUETKEMEYER, pation in school sports, and for other pur- KENNEDY, Mr. KUCINICH, Mrs. LOWEY, Mr. ETHERIDGE, Mr. ELLSWORTH, Mr. poses; to the Committee on Education and and Mr. MCGOVERN): RUPPERSBERGER, Mr. DJOU, Mr. GON- Labor. H.R. 6183. A bill to amend title 5, United ZALEZ, Mr. CUELLAR, Mr. BROWN of By Mr. CASTLE (for himself and Ms. States Code, to provide for a corporate re- South Carolina, Mr. KINGSTON, Mrs. DEGETTE): sponsibility investment option under the SCHMIDT, Mr. HENSARLING, Mr. ED- H.R. 6173. A bill to provide for a Federal Thrift Savings Plan; to the Committee on WARDS of Texas, Mr. CARNEY, Mr. initiative to support regenerative medicine Oversight and Government Reform. RODRIGUEZ, Mr. BOREN, Mr. BURTON

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of Indiana, Mr. ISSA, Mr. NUNES, Ms. Mr. WATT, Mr. KUCINICH, Mr. THOMP- H. Res. 1650. A resolution calling on the TITUS, Mr. LAMBORN, Mr. SON of Mississippi, Ms. KILROY, Mr. Government of the People’s Republic of BUTTERFIELD, Mr. GENE GREEN of FATTAH, Mr. DELAHUNT, and Ms. China to immediately release Chen Texas, Mr. THOMPSON of Pennsyl- WASSERMAN SCHULTZ): Guangcheng and his relatives from house ar- vania, Mr. SABLAN, Mr. JOHNSON of H. Res. 1642. A resolution recognizing the rest and to cease persecuting and harassing Georgia, Mr. SHULER, Mr. LEWIS of centennial of the City of Lilburn, Georgia Chen Guangcheng, his relatives, and sup- California, Mr. DONNELLY of Indiana, and supporting the goals and ideals of a City porters; to the Committee on Foreign Af- Mr. WILSON of South Carolina, Mr. of Lilburn Day; to the Committee on Over- fairs. CULBERSON, Mr. GARAMENDI, Mr. sight and Government Reform. LARSON of Connecticut, Mr. CAO, Mr. By Ms. GRANGER: f PITTS, Ms. GRANGER, Mr. BRADY of H. Res. 1643. A resolution recognizing the ADDITIONAL SPONSORS Texas, Mr. ELLISON, Mr. SMITH of 75th anniversary of RadioShack Corpora- Texas, Mr. DAVIS of Tennessee, Mr. tion’s original listing as a public company on Under clause 7 of rule XII, sponsors GOHMERT, Mr. GUTIERREZ, Mr. THORN- the New York Stock Exchange; to the Com- were added to public bills and resolu- BERRY, Ms. BORDALLO, Mr. OLSON, Mr. mittee on Financial Services. tions as follows: KING of New York, Mr. GINGREY of By Mr. KIND (for himself and Mr. H.R. 25: Mr. HOEKSTRA. Georgia, Mr. HALL of Texas, Mr. WAMP): H.R. 173: Mr. BARROW. NEUGEBAUER, Mr. BRADY of Pennsyl- H. Res. 1644. A resolution expressing sup- H.R. 197: Ms. HERSETH SANDLIN. vania, Mr. ROONEY, Mr. BLUNT, Mr. port for designation of a ‘‘National Veterans H.R. 211: Mr. BUTTERFIELD. MARIO DIAZ-BALART of Florida, Mr. History Project Week’’; to the Committee on H.R. 235: Mr. KISSELL. CRITZ, Mrs. BLACKBURN, Mr. HINCHEY, Veterans’ Affairs. H.R. 275: Mr. ROGERS of Michigan. Mr. BURGESS, Mr. MCCAUL, Mr. By Mr. LOEBSACK (for himself and H.R. 503: Ms. CASTOR of Florida and Mr. MCMAHON, Mr. COFFMAN of Colorado, Mr. EHLERS): COOPER. Mr. CONAWAY, Mr. QUIGLEY, Ms. H. Res. 1645. A resolution expressing sup- H.R. 571: Mr. CHILDERS, Mr. JOHNSON of TSONGAS, Mr. HINOJOSA, Mr. FARR, port for designation of the week beginning on November 8, 2010, as National School Psy- Georgia, and Mr. PATRICK J. MURPHY of Mr. SAM JOHNSON of Texas, Mr. Pennsylvania. LEVIN, Ms. JACKSON LEE of Texas, Mr. chology Week; to the Committee on Edu- H.R. 613: Mr. KLINE of Minnesota. REYES, Mr. ORTIZ, Mr. BACHUS, Mr. cation and Labor. H.R. 816: Mr. TIERNEY and Mr. DEUTCH. KING of Iowa, Ms. BALDWIN, Mr. POE By Mr. DANIEL E. LUNGREN of Cali- H.R. 868: Mr. SPACE. of Texas, Mr. AKIN, and Mr. JONES): fornia (for himself, Mr. BRADY of H.R. 877: Mr. KING of Iowa, Mr. HARPER, H. Con. Res. 319. Concurrent resolution rec- Pennsylvania, Mr. CAPUANO, Mr. Mr. ROE of Tennessee, and Mrs. BLACKBURN. ognizing the anniversary of the tragic shoot- DAVIS of Alabama, Mrs. DAVIS of H.R. 878: Mr. SULLIVAN. ings that occurred at Fort Hood, Texas, on California, Mr. GONZALEZ, Mr. HARP- H.R. 903: Mr. MCCOTTER. November 5, 2009; to the Committee on ER, Ms. ZOE LOFGREN of California, H.R. 1024: Mr. HIMES and Mr. CLYBURN. Armed Services. and Mr. MCCARTHY of California): H.R. 1030: Mr. ALTMIRE. By Mr. HARE (for himself, Mr. OBER- H. Res. 1646. A resolution recognizing the H.R. 1067: Mr. BARTLETT, Mr. FRANK of STAR, Mr. MICA, Ms. EDDIE BERNICE commitment and efforts made by the Li- Massachusetts, Mr. GOHMERT, Mr. CLAY, and JOHNSON of Texas, and Mr. BOOZMAN): brary of Congress to promote the joy of read- H. Res. 1639. A resolution recognizing the ing through the sponsorship of the National Mr. BOCCIERI. contributions of the National Waterways Book Festival; to the Committee on House H.R. 1074: Mr. SMITH of New Jersey. Conference on the occasion of its 50th anni- Administration. H.R. 1082: Mr. CHANDLER, Mr. DOYLE, and versary, and for other purposes; to the Com- By Mr. MELANCON: Mr. TIM MURPHY of Pennsylvania. mittee on Transportation and Infrastruc- H. Res. 1647. A resolution urging the Sec- H.R. 1203: Mr. THOMPSON of California and ture. retary of Veterans Affairs to acquire and uti- Mr. DEUTCH. By Ms. HIRONO (for herself, Mrs. lize the Our Lady of Lourdes Regional Med- H.R. 1210: Ms. EDDIE BERNICE JOHNSON of MCMORRIS RODGERS, Mr. DICKS, Mr. ical Center in Lafayette, Louisiana as a full- Texas. TERRY, Mr. COSTELLO, Mr. POMEROY, service Department of Veterans Affairs hos- H.R. 1228: Mr. ROYCE. Mrs. DAVIS of California, Mr. ED- pital to better serve veterans throughout the H.R. 1326: Mr. YOUNG of Florida and Ms. WARDS of Texas, Mr. SKELTON, Mr. Acadiana region of Louisiana; to the Com- MATSUI. YOUNG of Alaska, Mr. ORTIZ, Mr. mittee on Veterans’ Affairs. H.R. 1362: Mr. COSTELLO, Mr. WILSON of SCOTT of Virginia, Mr. SMITH of New By Mr. OBERSTAR (for himself, Mr. Ohio, Mr. GRAVES of Missouri, Mr. KISSELL, Jersey, Mr. OBERSTAR, Mr. FILNER, CAMP, Mr. MCDERMOTT, Mr. BLUNT, and Ms. SPEIER. Mr. ETHERIDGE, Mr. REYES, Mr. HOLT, Mr. POMEROY, Mr. SMITH of New Jer- H.R. 1616: Mrs. MCCARTHY of New York, Mr. Mr. SIMPSON, Mr. LARSEN of Wash- sey, Mr. COOPER, Mr. SENSEN- DEUTCH, Mr. HARE, Mr. MORAN of Virginia, ington, Mr. KIRK, Mr. GRIJALVA, Mrs. BRENNER, Mr. KILDEE, Mr. YOUNG of Mr. CLYBURN, Mr. SCHIFF, Mr. SCOTT of Vir- BLACKBURN, Mr. BURGESS, Mr. Florida, Mr. STARK, Mr. PENCE, Mr. ginia, Mr. ARCURI, Ms. EDDIE BERNICE JOHN- CARTER, Ms. HERSETH SANDLIN, Mr. COBLE, Ms. RICHARDSON, Mr. TIBERI, SON of Texas, Ms. WATSON, Mr. ACKERMAN, MCCARTHY of California, Mr. POLIS, Mr. GORDON of Tennessee, Mr. BUR- Mr. PATRICK J. MURPHY of Pennsylvania, Mr. Mr. FORTENBERRY, Mrs. KIRKPATRICK TON of Indiana, Mr. MOORE of Kansas, HODES, Ms. PINGREE of Maine, Mr. PETERS, of Arizona, and Mr. LUJA´ N): Mr. MORAN of Kansas, Mr. MCGOV- Mr. FARR, Mr. CLAY, and Mr. MURPHY of New H. Res. 1641. A resolution celebrating Sep- ERN, Mrs. BACHMANN, Mr. York. tember 30, 2010, as the 60th Anniversary of RUPPERSBERGER, Mrs. MCMORRIS H.R. 1625: Mr. BARTLETT. Impact Aid; to the Committee on Education RODGERS, Mr. GRIJALVA, Mr. AKIN, H.R. 1708: Mr. BLUMENAUER. and Labor. Mr. LIPINSKI, Mr. GERLACH, Mr. H.R. 1806: Mr. LOEBSACK, Ms. SPEIER, Ms. By Mr. JOHNSON of Georgia (for him- CRITZ, Mr. BARTLETT, Ms. BORDALLO, CASTOR of Florida, and Mr. SKELTON. self, Ms. LORETTA SANCHEZ of Cali- Mr. DJOU, Ms. BEAN, Mr. CARDOZA, H.R. 1923: Mr. UPTON. fornia, Mr. BROUN of Georgia, Mr. and Mr. ALEXANDER): H.R. 1943: Mr. ACKERMAN and Mr. HIMES. BISHOP of Georgia, Mr. GINGREY of H. Res. 1648. A resolution supporting the H.R. 1948: Mr. LOBIONDO. Georgia, Mr. LINDER, Mr. WESTMORE- goals and ideals of National Adoption Day H.R. 1990: Mrs. DAHLKEMPER. LAND, Mr. PRICE of Georgia, Mr. and National Adoption Month by promoting H.R. 2000: Mr. GOODLATTE. SCOTT of Georgia, Ms. RICHARDSON, national awareness of adoption and the chil- H.R. 2089: Mrs. MCCARTHY of New York. Mr. MICHAUD, Mr. GARAMENDI, Mr. dren in foster care awaiting families, cele- H.R. 2109: Mr. VAN HOLLEN. BARROW, Mr. BLUMENAUER, Mr. brating children and families involved in H.R. 2138: Mr. PAULSEN. BRADY of Pennsylvania, Mr. LEWIS of adoption, recognizing current programs and H.R. 2149: Mr. MURPHY of Connecticut. Georgia, Mr. CONNOLLY of Virginia, efforts designed to promote adoption, and en- H.R. 2156: Mr. COURTNEY. Mr. RUSH, Mr. LYNCH, Mr. KINGSTON, couraging people in the United States to H.R. 2296: Ms. TITUS. Mr. DUNCAN, Mr. MOORE of Kansas, seek improved safety, permanency, and well- H.R. 2324: Mr. JOHNSON of Georgia. Mr. WELCH, Mr. PERLMUTTER, Mr. being for all children; to the Committee on H.R. 2338: Mr. WITTMAN. CARDOZA, Mr. DAVIS of Illinois, Mr. Ways and Means. H.R. 2345: Mr. LOBIONDO. CARTER, Ms. PINGREE of Maine, Ms. By Mr. POSEY: H.R. 2365: Mr. CARSON of Indiana, Mr. NAD- TITUS, Ms. JACKSON LEE of Texas, Mr. H. Res. 1649. A resolution amending the LER of New York, Mr. ENGEL, and Mr. CLAY. DOGGETT, Ms. CLARKE, Mr. CARSON of Rules of the House of Representatives to es- H.R. 2378: Mr. OWENS, Mr. TONKO, Ms. NOR- Indiana, Ms. WATERS, Ms. FUDGE, Ms. tablish the Committee on Regulatory Review TON, and Mr. MARKEY of Massachusetts. EDWARDS of Maryland, Ms. LEE of and American Jobs; to the Committee on H.R. 2406: Mr. SULLIVAN and Mr. KLINE of California, Mr. CUMMINGS, Ms. EDDIE Rules. Minnesota. BERNICE JOHNSON of Texas, Ms. KAP- By Mr. SMITH of New Jersey (for him- H.R. 2408: Mr. PATRICK J. MURPHY of Penn- TUR, Mr. PAYNE, Mr. CARNAHAN, Ms. self, Mr. WOLF, Mr. PITTS, and Mr. sylvania and Mr. PLATTS. CHU, Mrs. NAPOLITANO, Mr. CLEAVER, FORTENBERRY): H.R. 2425: Mr. ROTHMAN of New Jersey.

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H.R. 2625: Mr. DEFAZIO, Ms. KILROY, Mr. H.R. 5016: Mr. MARSHALL. H.R. 5976: Mr. DICKS and Mr. LARSEN of SMITH of Washington, Mr. ARCURI, Mr. PE- H.R. 5028: Mr. BLUMENAUER. Washington. TERS, Mr. LANGEVIN, Mrs. LOWEY, Mr. H.R. 5034: Mr. RAHALL and Mr. BOREN. H.R. 5987: Mr. LUJA´ N, Mr. HONDA, Mr. CAR- CARNAHAN, Mr. GEORGE MILLER of California, H.R. 5037: Ms. ZOE LOFGREN of California. SON of Indiana, Mr. ROSS, Mr. ANDREWS, Ms. Ms. HIRONO, Mr. PATRICK J. MURPHY of Penn- H.R. 5044: Ms. CASTOR of Florida, Mr. PINGREE of Maine, Mr. ACKERMAN, Mr. FARR, sylvania, Mr. WEINER, Mr. SCOTT of Virginia, CARNAHAN, Ms. SUTTON, Mr. LIPINSKI, and and Mr. JACKSON of Illinois. Ms. CASTOR of Florida, Ms. WASSERMAN Mr. GRIJALVA. H.R. 6008: Mr. DINGELL. SCHULTZ, Mr. MAFFEI, MR. FARR, Mr. SCHIFF, H.R. 5081: Mr. HALL of New York, Mr. H.R. 6025: Mr. RAHALL, Mr. MURPHY of Con- Ms. WATSON, Ms. DELAURO, Mr. HIMES, Ms. ADLER of New Jersey, and Mr. BUCHANAN. necticut, and Mr. COURTNEY. H.R. 5111: Ms. JENKINS and Mr. COBLE. ESHOO, Mr. ACKERMAN, Mr. HODES, Mr. H.R. 6028: Mr. ROSS and Mr. MATHESON. H.R. 5115: Mr. MORAN of Virginia. MORAN of Virginia, Mr. DOYLE, Mr. BRADY of H.R. 6034: Mr. DRIEHAUS. H.R. 5218: Mr. SIRES. Pennsylvania, Mrs. NAPOLITANO, Mr. STARK, H.R. 6043: Mr. CROWLEY. H.R. 5258: Ms. PINGREE of Maine. Mr. HARE, Mr. SARBANES, Mr. CLAY, Ms. H.R. 6072: Mr. RYAN of Ohio, Mrs. H.R. 5270: Mr. COURTNEY. DAHLKEMPER, and Mr. CAPUANO. TSONGAS, Ms. PINGREE of Maine, and Mr. H.R. 5376: Mr. COSTA and Mr. SCHAUER. H.R. 6073: Mr. PITTS, Mr. HASTINGS of Flor- MURPHY of New York. H.R. 5393: Mr. WESTMORELAND. ida, Mr. NEAL of Massachusetts, Mr. RYAN of H.R. 2672: Mr. AKIN. H.R. 5400: Mr. MILLER of North Carolina. H.R. 2766: Mr. INSLEE and Mr. BISHOP of H.R. 5458: Mr. PIERLUISI. Ohio, and Mr. BURGESS. New York. H.R. 5477: Mr. SABLAN, Mr. OWENS, and Ms. H.R. 6097: Mr. POSEY. H.R. 2946: Ms. MARKEY of Colorado, Mr. MOORE of Wisconsin. H.R. 6099: Mr. LEWIS of Georgia. CARSON of Indiana, Ms. EDDIE BERNICE JOHN- H.R. 5504: Mr. CLAY, Mr. OLVER, and Mr. H.R. 6110: Mrs. CHRISTENSEN. SON of Texas, and Mr. DJOU. RYAN of Ohio. H.R. 6116: Ms. ZOE LOFGREN of California. H.R. 2964: Mr. CLAY. H.R. 5533: Mr. GRIJALVA, Mr. HIMES, and H.R. 6117: Mr. INSLEE and Mr. LARSEN of H.R. 3039: Mr. SABLAN. Mr. MURPHY of Connecticut. Washington. H.R. 3174: Mr. KLINE of Minnesota. H.R. 5549: Mr. PETERS and Mr. SCOTT of H.R. 6118: Mrs. CHRISTENSEN, Ms. FUDGE, H.R. 3240: Mr. ROTHMAN of New Jersey. Virginia. Ms. EDDIE BERNICE JOHNSON of Texas, Ms. H.R. 3289: Mr. KLINE of Minnesota. H.R. 5575: Mr. GUTIERREZ and Ms. EDWARDS CLARKE, Ms. WATSON, Mr. ELLISON, Mr. H.R. 3355: Mr. HARE. of Maryland. SCOTT of Virginia, Mr. CARSON of Indiana, H.R. 3431: Mr. CRITZ. H.R. 5577: Ms. ZOE LOFGREN of California Mr. PAYNE, Mr. RUSH, Mr. LEWIS of Georgia, H.R. 3464: Mr. KINGSTON, Mr. SALAZAR, Mr. and Mr. MARKEY of Massachusetts. Mr. DAVIS of Illinois, Mr. JOHNSON of Geor- HARPER, and Mr. SMITH of Nebraska. H.R. 5580: Mr. CAMPBELL. gia, Mr. FATTAH, Mr. CLEAVER, Ms. JACKSON H.R. 3567: Ms. EDDIE BERNICE JOHNSON of H.R. 5588: Mr. ISRAEL. LEE of Texas, Mr. CUMMINGS, Mr. AL GREEN Texas and Ms. ESHOO. H.R. 5597: Mr. LATHAM and Mr. GENE GREEN of Texas, and Ms. WATERS. H.R. 3580: Mr. GRAVES of Georgia, Mrs. of Texas. H.R. 6126: Mr. BOUCHER. LUMMIS, Mr. MCCLINTOCK, and Mr. GOHMERT. H.R. 5643: Mrs. DAVIS of California. H.R. 6127: Mr. WALDEN. H.R. 3586: Mr. SESSIONS, Mr. GENE GREEN of H.R. 5710: Mr. SCHOCK. H.R. 6128: Ms. HIRONO, Mr. GRIJALVA, Mr. Texas, Mr. CLEAVER, and Mr. DAVIS of Illi- H.R. 5746: Mr. DELAHUNT, Mr. ROTHMAN of ELLISON, Ms. TITUS, Mr. HARE, Mr. LARSEN of nois. New Jersey, Mrs. CAPPS, Mr. MCINTYRE, Mr. Washington, Mr. MAFFEI, Mr. HOLT, Mr. H.R. 3666: Mr. HOEKSTRA, Mr. HARE, Mr. BERMAN, Ms. PINGREE of Maine, Mr. PASTOR TONKO, Mr. BACA, Mr. HINCHEY, Ms. BALDWIN, WALZ, Mr. GEORGE MILLER of California, and of Arizona, Mr. MCGOVERN, Mrs. MCCARTHY Mr. SHERMAN, Mr. KILDEE, Mr. RUSH, Ms. Mr. WILSON of Ohio. of New York, Mr. TEAGUE, Mr. LEVIN, Mr. BERKLEY, Mr. DICKS, Mr. ARCURI, Mr. STARK, H.R. 3721: Mr. PETERS. KENNEDY, Mr. LARSEN of Washington, Mr. Mr. FILNER, Mr. BLUMENAUER, Ms. ROYBAL- H.R. 3765: Mr. WITTMAN and Mr. LATTA. HASTINGS of Florida, and Mr. THOMPSON of ALLARD, and Mr. WU. H.R. 3790: Mr. MORAN of Virginia. California. H.R. 6130: Mr. PASCRELL. H.R. 3851: Mr. DOYLE and Mrs. H.R. 5747: Mr. JACKSON of Illinois and Mr. H.R. 6139: Mr. KING of New York and Mr. CHRISTENSEN. FRANK of Massachusetts. ACKERMAN. H.R. 3974: Ms. MATSUI. H.R. 5753: Mr. PAYNE. H.R. 6146: Mr. WITTMAN, Mr. NYE, and Ms. H.R. 4116: Mr. ALTMIRE. H.R. 5778: Mr. KINGSTON and Mr. COBLE. BORDALLO. H.R. 5783: Ms. SCHAKOWSKY. H.R. 4121: Mrs. EMERSON and Mr. CUELLAR. H. Con. Res. 96: Mr. ELLISON. H.R. 5790: Mrs. BLACKBURN, Mr. BOUSTANY, H.R. 4149: Mr. COHEN and Ms. HERSETH H. Con. Res. 230: Mr. CARTER. Mr. BURGESS, Mr. CULBERSON, Mr. DUNCAN, SANDLIN. H. Con. Res. 267: Mr. PITTS and Mr. SCOTT Mr. GOHMERT, Ms. GRANGER, Mr. HARE, Ms. H.R. 4199: Mr. ROSS. of Georgia. JACKSON LEE of Texas, Mr. SAM JOHNSON of H.R. 4296: Ms. KAPTUR and Mr. NADLER of H. Con. Res. 296: Mr. CONNOLLY of Virginia Texas, Mr. MANZULLO, Mr. POE of Texas, Mr. New York. and Mr. ROGERS of Kentucky. ROSS, Mr. MARIO DIAZ-BALART of Florida, H.R. 4322: Mr. COOPER, Mr. WAMP, Mr. H. Con. Res. 303: Mr. MCCAUL, Mr. ROGERS and Mr. BRADY of Texas. LEWIS of California, Mrs. BIGGERT, Mr. of Alabama, Mrs. BACHMANN, and Mr. H.R. 5791: Mr. STARK. CARDOZA, Mr. TANNER, and Mr. CASTLE. MCKEON. H.R. 5792: Mr. STARK. H.R. 4335: Mr. STARK. H. Con. Res. 311: Mr. CAMP. H.R. 5793: Mr. STARK. H.R. 4520: Mr. COOPER and Mr. PITTS. H. Con. Res. 316: Mr. WAMP, Ms. FOXX, Mr. H.R. 5809: Ms. BORDALLO, Mr. QUIGLEY and H.R. 4541: Mr. PUTNAM, Mr. KENNEDY, Mr. LINDER, and Mr. BURTON of Indiana. Ms. SLAUGHTER. EUTCH OSEY H. Res. 111: Mr. COFFMAN of Colorado. D , and Mr. P . H.R. 5820: Mr. CUMMINGS, Mr. ENGEL, Mr. H.R. 4544: Ms. ROYBAL-ALLARD and Ms. H. Res. 397: Mr. WALDEN. CLAY, Ms. WOOLSEY, Mr. DEFAZIO and Ms. BERKLEY. H. Res. 764: Mr. ADLER of New Jersey, and BERKLEY. Mr. GARY G. MILLER of California. H.R. 4720: Mr. SMITH of Washington. H.R. 5828: Mr. DINGELL and Mrs. CAPITO. H. Res. 872: Mr. BARTON of Texas, Mr. H.R. 4733: Mr. OLVER and Ms. ZOE LOFGREN H.R. 5829: Ms. CORRINE BROWN of Florida LATTA, Mr. WAMP, Mrs. BLACKBURN, Mr. of California. and Ms. LORETTA SANCHEZ of California. H.R. 4735: Mrs. MCMORRIS RODGERS. H.R. 5866: Mrs. BIGGERT. ISSA, Mr. MARCHANT, Ms. GRANGER, Mr. H.R. 4798: Mr. YOUNG of Alaska. H.R. 5882: Mrs. LUMMIS, Mr. SHADEGG, Mr. NEUGEBAUER, Mr. POSEY, Mr. BISHOP of Utah, H.R. 4806: Mr. WAXMAN. MCCLINTOCK, Mr. DANIEL E. LUNGREN of Cali- Mr. GINGREY of Georgia, Mr. ROONEY, Mr. H.R. 4808: Mr. BACA, Mr. ETHERIDGE, Ms. fornia, Mr. CONAWAY, Mr. COFFMAN of Colo- BARTLETT, Mr. KING of Iowa, Mr. TIAHRT, Mr. GIFFORDS, Mr. KENNEDY, Ms. WASSERMAN rado, Mrs. BACHMANN, Mr. WILSON of South CHAFFETZ, Mr. FLEMING, Mrs. BACHMANN, Mr. SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. GOR- Carolina, and Mr. JONES. SHIMKUS, Mr. FRANKS of Arizona, Mr. KLINE DON of Tennessee, Mr. SIRES, Mr. WALZ, Mr. H.R. 5892: Mr. COSTELLO. of Minnesota, Mr. BROUN of Georgia, Mr. MCNERNEY, Ms. MCCOLLUM, Mrs. H.R. 5906: Mr. PRICE of Georgia, Mr. PENCE, Mr. SHADEGG, Mr. JORDAN of Ohio, NAPOLITANO, Mr. PASCRELL, and Mr. PETERS. HERGER, Mr. PITTS, and Mr. MCCLINTOCK. Mr. MCCLINTOCK, Mr. PITTS, Mr. LAMBORN, H.R. 4830: Mrs. LOWEY and Mr. H.R. 5929: Mr. KENNEDY. Mr. HENSARLING, Mr. SCHOCK, and Mr. POE of BLUMENAUER. H.R. 5931: Mrs. CAPPS and Mr. HOLT. Texas. H.R. 4844: Mr. COSTELLO, Ms. CHU, and Mr. H.R. 5933: Mr. SCHIFF, Mr. FRANK of Massa- H. Res. 913: Mr. STARK. NEUGEBAUER. chusetts, Mr. MCNERNEY, Mr. SMITH of New H. Res. 1129: Mr. BUCHANAN and Mr. ROO- H.R. 4890: Mr. LUJA´ N and Mr. TEAGUE. Jersey, Mr. HONDA, Mr. WESTMORELAND, Mr. NEY. H.R. 4914: Mr. WAXMAN, Mr. HINOJOSA, and RAHALL, Mr. MILLER of North Carolina, Mr. H. Res. 1207: Mr. HERGER, Mr. CALVERT, Mr. Ms. FUDGE. GUTIERREZ, Mr. HILL, Mr. MITCHELL, Mr. CARTER, and Mr. HARPER. H.R. 4959: Mr. RYAN of Ohio and Mr. MCMAHON, Mr. SCOTT of Virginia, Mr. PE- H. Res. 1217: Mr. CRITZ. TIERNEY. TERS, Mr. AL GREEN of Texas, Mr. CHANDLER, H. Res. 1226: Mr. COURTNEY, Mr. COHEN, Mr. H.R. 4993: Mr. HIMES, Mr. LATOURETTE, Mr. Mr. KENNEDY, and Mr. HOLT. CONAWAY, Mr. TONKO, Mr. VAN HOLLEN, Mr. GENE GREEN of Texas, and Mr. COHEN. H.R. 5942: Mr. RODRIGUEZ. SHULER, Mr. GEORGE MILLER of California, H.R. 5000: Mr. LARSON of Connecticut and H.R. 5967: Mr. SCHAUER, Mr. MCDERMOTT, Mr. STEARNS, Mr. WELCH, Mr. DOYLE, Mr. Mr. CARNAHAN. Mr. LARSON of Connecticut, Mr. MORAN of HIMES, Mr. BOSWELL, Mr. FLEMING, Mrs. H.R. 5001: Mr. GENE GREEN of Texas. Virginia, and Mr. GRAYSON. CAPPS, and Mr. BERRY.

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H. Res. 1264: Mr. WITTMAN, Ms. FOXX, Mr. H. Res. 1531: Mr. LATHAM, Mrs. H. Res. 1622: Mr. SABLAN, Mr. MCGOVERN, JOHNSON of Georgia, and Mr. ROSS. DAHLKEMPER, Mr. PITTS, Mrs. MALONEY, Mr. and Mr. FILNER. H. Res. 1275: Ms. NORTON. BOSWELL, Mr. LUETKEMEYER, Mr. SPACE, Mr. H. Res. 1624: Mrs. CHRISTENSEN, Mr. H. Res. 1314: Mr. MORAN of Virginia. SMITH of Nebraska, Ms. BERKLEY, Mr. CROW- EHLERS, Mr. SABLAN, Ms. ZOE LOFGREN of H. Res. 1355: Mr. FILNER and Mr. HIMES. LEY, and Mr. HINCHEY. California, Mr. FILNER, Mr. GARAMENDI, Mr. H. Res. 1377: Mr. HARE, Mrs. NAPOLITANO, H. Res. 1545: Mrs. MCCARTHY of New York NADLER of New York, Mr. INSLEE, Ms. Ms. RICHARDSON, Mr. NADLER of New York, and Mr. ETHERIDGE. HIRONO, Ms. MATSUI, Mr. DELAHUNT, Mr. CAS- Mr. RAHALL, Ms. EDDIE BERNICE JOHNSON of H. Res. 1576: Ms. NORTON and Mr. CALVERT. TLE, Ms. SPEIER, Mr. CONNOLLY of Virginia, Texas, Mr. COBLE, Mr. YOUNG of Alaska, Mr. H. Res. 1587: Mr. BROUN of Georgia, Mr. Mr. MICHAUD, Ms. JACKSON LEE of Texas, and FILNER, and Ms. ROYBAL-ALLARD. BURTON of Indiana, Mr. KLINE of Minnesota, Mr. KUCINICH. H. Res. 1396: Ms. SCHAKOWSKY. and Mr. LINDER. H. Res. 1625: Mr. SERRANO, Mrs. CAPPS, Mr. H. Res. 1430: Mr. POLIS. H. Res. 1588: Mr. COURTNEY, Mr. FRANKS of BROWN of South Carolina, Mrs. CHRISTENSEN, H. Res. 1433: Mr. SMITH of Texas, Mr. Arizona, Mr. HERGER, Mr. HOLT, Mr. MURPHY Mr. NADLER of New York, Mr. CARNAHAN, and FORBES, Mr. WAMP, Ms. LORETTA SANCHEZ of of Connecticut, and Mr. PASCRELL. Mr. FARR. California, Mr. WITTMAN, Mrs. LOWEY, Mr. H. Res. 1600: Mr. OLSON, Ms. FUDGE, Mr. H. Res. 1627: Mr. BLUMENAUER. CONNOLLY of Virginia, and Mr. HIMES. COHEN, Ms. ROYBAL-ALLARD, Mr. LANGEVIN, H. Res. 1628: Mr. BURTON of Indiana, Mr. H. Res. 1442: Mr. PERLMUTTER, Mr. OLSON, Mr. WITTMAN, Mr. MURPHY of Connecticut, WILSON of Ohio, Mr. RYAN of Ohio, and Mr. Mr. WESTMORELAND, Mr. MCGOVERN, Mr. Mr. WU, Mrs. BACHMANN, Mr. GRIJALVA, Mr. STUPAK. JOHNSON of Georgia, Mr. PENCE, Mr. SHULER, ALEXANDER, Mr. MARKEY of Massachusetts, H. Res. 1629: Mr. BARTON of Texas, Mr. DON- Mr. ROE of Tennessee, Mr. COSTELLO, Mr. Mr. DAVIS of Tennessee, Ms. DELAURO, Mr. NELLY of Indiana, and Mr. GRIFFITH. ISSA, Mrs. MILLER of Michigan, Mr. BURTON PIERLUISI, Mr. YOUNG of Alaska, Ms. H. Res. 1636: Mrs. BONO MACK and Mr. of Indiana, Mr. COHEN, Mr. SHUSTER, Mr. SCHWARTZ, and Mr. BOSWELL. MCCLINTOCK. ADERHOLT, Mr. PETRI, Mr. MORAN of Kansas, H. Res. 1603: Mr. BARROW, Mr. SHULER, Mr. H. Res. 1637: Ms. KILROY, Mr. CONNOLLY of Mr. NEAL of Massachusetts, and Mr. WAMP. HILL, Mr. MURPHY of New York, Mr. PETER- Virginia, Mrs. DAVIS of California, Mr. FIL- H. Res. 1444: Mr. DINGELL and Mr. SON, Mr. MINNICK, Ms. HERSETH SANDLIN, Mr. NER, Ms. MCCOLLUM, Ms. SHEA-PORTER, Mr. BLUMENAUER. BOOZMAN, Mr. MOORE of Kansas, Mr. CHAN- HOLDEN, Mr. SABLAN, Mr. DELAHUNT, Mr. H. Res. 1461: Mrs. DAVIS of California, Mr. DLER, Mr. CHILDERS, Mr. MATHESON, Ms. HINOJOSA, Mr. HASTINGS of Florida, Mr. BOS- CAMP, and Mr. TERRY. MARKEY of Colorado, Mr. TANNER, Ms. LO- WELL, Ms. DELAURO, Mr. GRIJALVA, Ms. H. Res. 1476: Ms. WOOLSEY, Ms. CORRINE RETTA SANCHEZ of California, Mr. MELANCON, BORDALLO, Ms. ROYBAL-ALLARD, Ms. NORTON, BROWN of Florida, Mr. CLAY, and Mr. Mr. BERRY, Mr. BOREN, Mr. BISHOP of Geor- Mr. WU, Mr. COURTNEY, Mr. COSTELLO, and SERRANO. gia, and Mr. BOSWELL. Mr. CAO. H. Res. 1485: Mr. RYAN of Ohio, Ms. SUTTON, H. Res. 1604: Mr. GRIJALVA. H. Res. 1638: Ms. CHU, Mr. PAYNE, Ms. WAT- Mr. BROUN of Georgia, and Mr. MCCLINTOCK. H. Res. 1607: Mr. PLATTS and Mr. SON, Ms. EDDIE BERNICE JOHNSON of Texas, H. Res. 1502: Mr. SMITH of Texas, Mr. CAMP- NEUGEBAUER. Ms. CLARKE, Mrs. CHRISTENSEN, Mr. JOHNSON BELL, Mr. CHAFFETZ, Mr. NEUGEBAUER, Mr. H. Res. 1615: Mr. PAUL, Mr. BILIRAKIS, Mr. of Georgia, Ms. JACKSON LEE of Texas, Ms. MARCHANT, Mr. ISSA, Mr. HENSARLING, Mr. MANZULLO, Mr. SESSIONS, Mr. PENCE, Mr. NORTON, Mr. WATT, Ms. WATERS, Mr. PENCE, Mr. MANZULLO, Mr. KING of Iowa, Mr. WOLF, Mr. INGLIS, Mr. PITTS, Mr. BURTON of CUMMINGS, Ms. FUDGE, Mr. RUSH, Mr. BISHOP of Utah, Mr. GINGREY of Georgia, Mr. Indiana, and Ms. FOXX. ELLISON, Mr. CLEAVER, Mr. LEWIS of Georgia, CONAWAY, Mr. GOHMERT, Mr. SHADEGG, Mr. H. Res. 1617: Mrs. BLACKBURN, Mr. and Mr. CARSON of Indiana. FRANKS of Arizona, Mr. LAMBORN, Mr. PITTS, BOOZMAN, Mr. BROWN of South Carolina, Mr. and Mr. BARTLETT. CALVERT, Mr. DENT, Mr. LAMBORN, Mr. f H. Res. 1503: Mr. KLEIN of Florida. MCCAUL, Ms. NORTON, Mr. PRICE of Georgia, H. Res. 1523: Ms. LINDA T. SA´ NCHEZ of Cali- Ms. SHEA-PORTER, Mr. TIBERI, and Mr. DELETIONS OF SPONSORS FROM fornia, Ms. NORTON, Mr. HARPER, Mr. WITTMAN. PUBLIC BILLS AND RESOLUTIONS CARNAHAN, and Ms. EDDIE BERNICE JOHNSON H. Res. 1618: Mr. OWENS. Under clause 7 of rule XII, sponsors of Texas. H. Res. 1621: Mr. COURTNEY, Mr. DOYLE, Mr. H. Res. 1524: Mr. MCGOVERN. TEAGUE, Mr. BLUMENAUER, Mr. CRITZ, Ms. were deleted from public bills and reso- H. Res. 1528: Ms. CHU and Mr. GEORGE MIL- BORDALLO, Ms. DELAURO, Mr. KILDEE, Mr. lutions as follows: LER of California. CLAY, Mrs. NAPOLITANO, and Mr. TONKO. H.R. 413: Mr. POE of Texas.

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