Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

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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, TUESDAY, SEPTEMBER 28, 2010 No. 132 House of Representatives The House met at 10:30 a.m. and was secutive elections for the next 17 years. ficking, money laundering, and other called to order by the Speaker pro tem- But in 2009, the FMLN opposition party crimes are stymied. But the Funes ad- pore (Mr. YARMUTH). won the presidency. It was a watershed ministration is taking courageous and f moment for El Salvador. positive steps to confront these chal- Sadly, many things did not change lenges. These include naming an In- DESIGNATION OF SPEAKER PRO over these years. The ability of the spector General for the National Civil- TEMPORE courts and justice system to hold ian Police, Zaira Navas, who is serious The SPEAKER pro tempore laid be- elites, government officials, and mem- about ensuring that an honest, hard- bers of the security forces accountable fore the House the following commu- working police force is not sullied by for crimes, including human rights nication from the Speaker: corrupt cops. crimes, continued to fail, reinforcing a WASHINGTON, DC, September 28, 2010. culture of impunity. The newly created This month, Inspector General Navas I hereby appoint the Honorable JOHN A. police, although light years ahead of suspended from duty over 150 police of- YARMUTH to act as Speaker pro tempore on the old security forces, was infiltrated ficers. These ‘‘bad apples’’ are under in- this day. by criminal elements and human rights vestigation for corruption and links to NANCY PELOSI, abusers who blocked investigations and criminal and drug organizations. Rath- Speaker of the House of Representatives. collaborated with criminal groups. The er than embracing this effort to clean f poor did not benefit from trade and in- up the police, intransigent forces chose vestment, and international aid dimin- MORNING-HOUR DEBATE instead to create a new commission in- ished, including U.S. aid. And the mi- side the National Assembly to inves- The SPEAKER pro tempore. Pursu- gration of Salvadorans to the U.S. is as tigate the Inspector General. This ac- ant to the order of the House of Janu- great or greater as it was during the tion has been accompanied by renewed ary 6, 2009, the Chair will now recog- civil war. And some things got worse. death threats against her life. nize Members from lists submitted by Little could I have imagined the vio- the majority and minority leaders for lence in El Salvador becoming worse Last December, Senator LEAHY morning-hour debate. after the war, but it has. Criminal net- praised the hard work of PCN Inspector The Chair will alternate recognition works invaded the country and use it General Navas and the importance of between the parties, with each party to traffic drugs, guns, human beings, strengthening the rule of law in El Sal- limited to 30 minutes and each Mem- and other contraband throughout the vador. I agree. I believe Inspector Gen- ber, other than the majority and mi- hemisphere. Youth gangs are exploited; eral Navas is taking courageous action, nority leaders and the minority whip, poor neighborhoods are terrorized; se- and I encourage the State Department limited to 5 minutes. curity and judicial authorities are cor- and the U.S. Embassy to support her in f rupted; and crime, violence, and mur- these efforts. President Funes is ex- der have exploded. ploring the possibility of establishing MANY CHALLENGES FACING EL This is the reality inherited by an independent commission, similar to SALVADOR: PRESIDENT FUNES Mauricio Funes when he became presi- the one created in Guatemala, under DESERVES U.S. SUPPORT dent 18 months ago. I have had the the auspices of the United Nations, to The SPEAKER pro tempore. The privilege of meeting President Funes. I investigate drug and criminal networks Chair recognizes the gentleman from find his administration to be prag- and key human rights crimes. This Massachusetts (Mr. MCGOVERN) for 5 matic, committed to improving the would ensure an independent investiga- minutes. lives of the majority poor, and address- tion into many of the criminal cases Mr. MCGOVERN. Mr. Speaker, in ing the crime and corruption that are and charges of official corruption that 1992, when the historic Peace Accords robbing the country of its much- have languished in the Fiscalia for were signed ending El Salvador’s 12 longed-for peace. However, there are years. It could open new paths to end- years of civil war, many of us antici- longstanding institutional problems ing impunity. pated a new and prosperous era for that that remain obstacles to reform, the country. In the following years, polit- pursuit of justice, and even the consoli- President Funes is also working with ical competition flourished and elec- dation of democracy. Among them, in Mexican President Calderon, the toral processes matured. The ruling my opinion, is the Attorney General’s Obama administration, and his Central ARENA party maintained its power, Office—the Fiscalia—where countless American neighbors to confront the es- base, and organization, winning con- cases of murder, corruption, drug traf- calating penetration of the region by

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 01:01 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.000 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H6998 CONGRESSIONAL RECORD — HOUSE September 28, 2010 major drug cartels and criminal net- time moved on, the gangs became killers for ‘fresh eyes’ to the war effort in Afghan- works. He is seeking coordinated strat- hire. Now the situation is that the gangs istan. egies and action, increased aid and as- have become part of the whole thing. They ‘‘The group would be comprised of sistance, stronger laws and policies, control territory and they are disputing territory with the drug traffickers. Why? Be- nationally known and respected indi- and more effective social investment. cause they need to finance their way of life: viduals who love their country more El Salvador has experienced several basically, getting arms. than their political party and would tragic episodes of violence carried out HAVE STATE INSTITUTIONS BEEN INFILTRATED? serve to provide much-needed clarity by drug members, and public revulsion I am convinced that the army is not infil- to a policy that increasingly appears at gang crimes is at an all-time high. trated by the cartels. The grenades and the adrift. President Funes is seeking to respond arms that these people have, they have not ‘‘Candidly, after reading yesterday’s decisively to this terrible situation, gotten them through the army. That does Washington Post piece adapted from while not repeating the mistaken poli- not mean that there are not other institu- Bob Woodward’s Obama’s Wars, I have cies that sounded tough but failed to tions that are infiltrated. Since my govern- serious concerns that the needed clar- reduce crime or keep young people out ment started, we have dismissed more than ity about our aim in Afghanistan ever of gangs. He has also established an ad- 150 police officers, out of a total of slightly existed within the administration. visory commission on gangs and gang- more than 20,000, because of suspicions they were involved with organized crime. I have Woodward writes, ‘Even at the end of related violence. One program that my suspicions that the judicial system is the process, the President’s team wres- might be a model is the Center for For- also infiltrated by organized crime. tled with the most basic questions mation and Orientation at St. Francis Yes, organized crime has penetrated cer- about the war, then entering its ninth of Assisi Parish in Mejicanos. It has tain institutions, but these institutions have year: What is the mission? What are we had success working with young people not collapsed. We are talking about rotten trying to do? What will work?’ on rejecting gang life and providing apples, and we still have the opportunity and ‘‘These are sobering questions—but the time to get rid of them. those who want to leave the gangs with they are questions that must be an- advice, education, and training. Its HOW DO YOU EXPLAIN THAT CIVILIAN INSTITU- swered, and the Afghanistan-Pakistan TIONS REMAIN STRONGER IN EL SALVADOR pastor, Father Antonio Rodriguez, has Study Group is just the means to ar- THAN IN GUATEMALA OR MEXICO? made important contributions to the rive at these answers in a way that The 1992 peace accords [which ended the discussions about how to address the honors our men and women in uniform. youth violence. civil war] allowed for a sort of re-foundation of the Salvadoran state. Through that proc- ‘‘In the halls of Congress or the Mr. Speaker, it is in the best interest ess, it was possible to cleanse the army and White House, at Foggy Bottom or the of the U.S. to support the Funes ad- security forces that were linked to gross vio- Pentagon, public discussions can at ministration as it seeks to strengthen lations of human rights. And now we have a times be detached from the actual lives the rule of law, clean up institutional professional armed force. If that cleansing of that are most directly impacted by the corruption and crime, and help lead the the armed forces had not taken place, we decisions being made. This couldn’t be region in breaking impunity and con- would probably be in the same situation as further from the case for this mother. Guatemala. fronting criminal threats. She doesn’t have that luxury when it [From the Los Angeles Times, Sept. 11, 2010] ARE CURRENT U.S. POLICIES ON DRUGS AND comes to the war in Afghanistan. And IMMIGRATION ON THE RIGHT TRACK? SALVADORAN LEADER SPEAKS OF CRIMINAL we mustn’t either. GANGS’ LINKS TO DRUG CARTELS There will be [cartels] as long as there are consumers of drugs. ‘‘This is not a matter of politics—or El Salvador’s president, Mauricio Funes, at least it ought not be—for it is al- the country’s first leftist leader since the Furthermore, the only way we can prevent more migrants from coming to the U.S. is by ways in our national interest to openly end of its civil war in 1992, finds himself pre- assess the challenges before us and to occupied with a deepening struggle against providing jobs, opportunities and develop- criminal gangs and international drug car- ment. The same thing applies to narcotics. If chart a clear course to victory. Frank- tels. the United States is concerned about [ille- ly, I’ve been deeply troubled by Wood- Since winning office in 2009, Funes has de- gal] immigration and drug traffic, the best ward’s reporting which indicates that ployed the army to back up police, who are solution is a strategic alliance that together discussions of the war strategy were in- trying to curb a drug-fueled homicide rate will bring development and job opportunities and social benefits to El Salvador. fused with political calculations. An that claims about 12 victims a day. Afghanistan-Pakistan Study Group On Thursday, he signed a controversial law f could help redeem what was clearly a criminalizing gang membership. The gangs AFGHANISTAN-PAKISTAN STUDY responded by shutting down nationwide pub- deeply flawed process.’’ lic transportation with the threat of vio- GROUP I close with a line from my con- lence. The SPEAKER pro tempore. The stituent. She said, ‘‘The casualties suf- During a visit to Los Angeles this week to Chair recognizes the gentleman from fered aren’t just numbers to me. Each meet with community leaders on immigra- Virginia (Mr. WOLF) for 5 minutes. name, each face, represents a family tion issues, Funes spoke with Times editors Mr. WOLF. Mr. Speaker, I rise today who is paying the ultimate price—the about the growing links between Salvadoran to share with my colleagues the text of loss of a son or a daughter, brother or gangs and international drug cartels, and he sister, father or mother; a family that argued that boosting U.S.-led economic in- a letter I sent today to President vestment holds the most hope for defeating Obama, Secretary Gates, Admiral will never be the same. Therefore, I drug violence and illegal immigration. Mullen, and all other parties in the ad- wholeheartedly support the formation WHO CONTROLS THE NARCOTICS TRAFFIC IN EL ministration charged with executing of an Afghanistan-Pakistan Study SALVADOR? the war effort. I will enclose in my cor- Group in the hope that it will help to Everybody. There are Salvadoran cartels respondence to the administration a turn the tide of this war and lessen the in connection with Colombian cartels. Gua- copy of a letter from a constituent who number of casualties as well.’’ temalan cartels are there. And recently we is a mother of six children, all of whom I hope the President and his advisers have found evidence of the presence of [the are currently serving or have served in will heed the eloquent words of this Mexican-based drug cartel] Los Zetas. the U.S. military. military mother who has six children Just a few days after I came to office, I re- I submit for the RECORD a copy of my serving and another child is married to ceived an intelligence report saying that Los a marine. And many have served in Zetas were exploring the territory and that original letter to the President as well they had started to make contacts with Sal- as a copy of the letter from my con- both Afghanistan and Iraq. vadoran narcotraffickers and Salvadoran stituent. CONGRESS OF THE UNITED STATES, gangs, particularly the MS [Mara My letter today to the administra- HOUSE OF REPRESENTATIVES, Salvatrucha, a transnational gang born in tion will read, in part, ‘‘I implore you August 4, 2010. L.A.’s Salvadoran immigrant community]. It to consider my constituent’s views— Hon. BARACK H. OBAMA, The President, is the one that has shown, up to now, to have the views of an ‘American mother with the most firepower. Washington, DC. The change that has occurred lately is that children glad to serve our country,’ and DEAR MR, PRESIDENT: On September 14, the [criminal] gangs have become involved in to move swiftly to establish an Afghan- 2001, following the catastrophic and delib- the business. At the beginning, the gangs istan-Pakistan Study Group, modeled erate terrorist attack on our country, I were just a group of rebel youngsters. As after the Iraq Study Group, to bring voted to go to war in Afghanistan. I stand by

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.002 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H6999 that decision and have the utmost con- ington. While the Vietnam and Afghanistan experts with whom I have spoken in recent fidence in General Petraeus’s proven leader- parallels are imperfect at best, the shadow of days believe that time is of the essence in ship. I also remain unequivocally committed history looms large. Eroding political will moving forward with a study panel, and to the success of our mission there and to has consequences—and in the case of Afghan- waiting for Congress to reconvene is too long the more than 100,000 American troops sacri- istan, the stakes could not be higher. A year to wait. As such, I am hopeful you will use ficing toward that end. In fact, it is this ago, speaking before the Veterans of Foreign an executive order and the power of the bully commitment which has led me to write to War National Convention, you rightly said, pulpit to convene this group in short order, you. While I have been a consistent sup- ‘‘Those who attacked America on 9/11 are and explain to the American people why it is porter of the war effort in both Afghanistan plotting to do so again. If left unchecked, the both necessary and timely. Should you and Iraq, I believe that with this support Taliban insurgency will mean an even larger choose not to take this path, respectfully, I comes a responsibility. This was true during safe haven from which al Qaeda would plot intend to offer an amendment by whatever a Republican administration in the midst of to kill more Americans. So this is not only vehicle necessary to mandate the group’s the wars, and it remains true today. a war worth fighting . . . this is fundamental creation at the earliest possible opportunity. In 2005, I returned from my third trip to to the defense of our people.’’ Indeed it is The ISG’s report opened with a letter from Iraq where I saw firsthand the deteriorating fundamental. We must soberly consider the the co-chairs that read, ‘‘There is no magic. security situation. I was deeply concerned implications of failure in Afghanistan. Those formula to solve the problems of Iraq. How- that Congress was failing to exercise the nec- that we know for certain are chilling—name- ever, there are actions that can be taken to essary oversight of the war effort. Against ly an emboldened al-Qaeda, a reconstituted improve the situation and protect American this backdrop I authored the legislation that Taliban with an open staging ground for fu- interests.’’ The same can be said of Afghani- created the Iraq Study Group (ISG). The ISG ture worldwide attacks, and a destabilized, stan. was a 10-member bipartisan group of well-re- nuclear-armed Pakistan. I understand that you are a great admirer spected, nationally known figures who were Given these realities and wavering public of Abraham Lincoln. He, too, governed dur- brought together with the help of four rep- and political support, I urge you to act im- ing a time of war, albeit a war that pitted utable organizations—the U.S. Institute for mediately, through executive order, to con- brother against brother, and father against Peace, the Center for the Study of the Presi- vene an Afghanistan-Pakistan Study Group son. In the midst of that epic struggle, he re- dency, the Center for Strategic and Inter- modeled after the Iraq Study Group. The lied on a cabinet with strong, often times op- national Studies, and the Baker Institute for participation of nationally known and re- posing viewpoints. Historians assert this Public Policy at Rice University—and spected individuals is of paramount impor- served to develop his thinking on complex charged with undertaking a comprehensive tance. Among the names that surfaced in my matters. Similarly, while total agreement review of U.S. efforts there. This panel was discussions with others, all of whom more may not emerge from a study group for Af- intended to serve as ‘‘fresh eyes on the tar- than meet the criteria described above, are ghanistan and Pakistan, I believe that vig- get’’—the target being success in Iraq. ISG co-chairs Baker and Hamilton; former orous, thoughtful and principled debate and While reticent at first, to their credit Senators Chuck Robb, Bob Kerrey and Sam President Bush, State Secretary Rice and discussion among some of our nation’s great- Nunn; former Congressman Duncan Hunter; est minds on these matters will only serve Defense Secretary Rumsfeld came to support former U.S. ambassador Ryan. Crocker; the ISG, ably led by bipartisan co-chairs, the national interest. The biblical admoni- former Secretary of Defense James Schles- tion that iron sharpens iron rings true. former Secretary of State James Baker and inger, and General Keane. These names are former Congressman Lee Hamilton. Two Best wishes. simply suggestions among a cadre of capable P.S. We as a nation must be successful in Af- members of your national security team, men and women, as evidenced by the make- ghanistan. We owe this to our men and Secretary of Defense Robert Gates and CIA up of the ISG, who would be more than up to women in the military serving in harm’s way Director Leon Panetta, saw the merit of the the task. and to the American people. ISG and, in fact, served on the panel. Vice I firmly believe that an Afghanistan-Paki- President Biden, too, then serving in the stan Study Group could reinvigorate na- DEAR CONGRESSMAN WOLF: I have read your Senate, was supportive and saw it as a means tional confidence in how America can be suc- proposal for the formation of an Afghani- to unite the Congress at a critical time. A cessful and move toward a shared mission in stan/Pakistan Study Group with deep per- number of the ISG’s recommendations and Afghanistan. This is a crucial task. On the sonal interest and approbation. I applaud its ideas were adopted. Retired General Jack Sunday morning news shows this past week- respectful, well-reasoned, bipartisan ap- Keane, senior military adviser to the ISG, end, it was unsettling to hear conflicting proach to rethinking the war in Afghanistan. was a lead proponent of ‘‘the surge,’’ and the statements from within the leadership of the The following are my personal thoughts re- ISG referenced the possibility on page 73. administration that revealed a lack of clar- garding this war. Please accept them as the Aside from the specific policy recommenda- ity about the end game in Afghanistan. How insights of an average American mother. tions of the panel, the ISG helped force a mo- much more so is this true for the rest of the It has been troubling to me how distant ment of truth in our national conversation country? An APSG is necessary for precisely this war is for so many Americans. Many are about the war effort. I believe our nation is again facing such a that reason. We are nine years into our na- only vaguely aware of the events taking moment in the Afghanistan war effort, and tion’s longest running war and the American place, other than perhaps the recent increase that a similar model is needed. In recent people and their elected representatives do in the number of casualties. Even gathering days I have spoken with a number of knowl- not have a clear sense of what we are aiming information of what is daily happening in Af- edgeable individuals including former senior to achieve, why it is necessary and how far ghanistan hasn’t been easy. I comb the inter- diplomats, public policy experts and retired we are from attaining that goal. Further, an net daily searching many different online and active military. Many believe our Af- APSG could strengthen many of our NATO news sources in an attempt to be informed. ghanistan policy is adrift, and all agreed allies in Afghanistan who are also facing Our country is at war and yet so often the that there is an urgent need for what I call dwindling public support, as evidenced by top news items contain nothing regarding it. an Afghanistan-Pakistan Study Group the recent Dutch troop withdrawal, and Often it is the local papers in towns with sol- (APSG). We must examine our efforts in the would give them a tangible vision to which diers, sailors and marines serving in Afghan- region holistically, given Pakistan’s stra- to commit. istan that contain the most news. Other tegic significance to our efforts in Afghani- Just as was true at the time of the Iraq times it is the news stations with an embed- stan and the Taliban’s presence in that coun- Study Group, I believe that Americans of all ded reporter who will have a flurry of arti- try as well, especially in the border areas. political viewpoints, liberals and conserv- cles while the reporter is there but then This likely will not come as a surprise to atives alike, and varied opinions on the war nothing once they return. you as commander in chief. You are well ac- will embrace this ‘‘fresh eyes’’ approach. The War on Terror is not just impersonal quainted with the sobering statistics of the Like the previous administration’s support news but it is a war that strikes very close past several weeks—notably that July sur- of the Iraq Study Group, which involved tak- to home. My father has a dear friend whose passed June as the deadliest month for U.S. ing the group’s members to Iraq and pro- son-in-law died in the Twin Towers. I have a troops. There is a palpable shift in the na- viding high-level access to policy and deci- friend who lost a son in Iraq during the bat- tion’s mood and in the halls of Congress. A sion makers, I urge you to embrace an Af- tle for Fallujah. A student of mine lost her July 2010 CBS news poll found that 62 per- ghanistan-Pakistan Study Group. It is al- fiancee in the war. My children and son-in- cent of Americans say the war is going badly ways in our national interest to openly as- law have served in both Iraq and Afghanistan in Afghanistan, up from 49 percent in May. sess the challenges before us and to chart a and have buddies injured or killed in action. Further, last week, 102 Democrats voted clear course to success. One of my daughters is currently serving against the war spending bill, which is 70 As you know, the full Congress comes back in Afghanistan in a Combat Support Hos- more than last year; and they were joined by in session in mid-September—days after pital. She arrived in time to experience first 12 members of my own party. Senator Lind- Americans around the country will once hand the peak number of casualties in June say Graham, speaking last Sunday on CNN’s again pause and remember that horrific and July. In a recent news interview her ‘‘State of the Union,’’ candidly expressed morning nine years ago when passenger air- Commanding Officer said they are seeing an concern about an ‘‘unholy alliance’’ emerg- lines became weapons, when the skyline of almost constant stream of casualties; some- ing of anti-war Democrats and Republicans. one of America’s greatest cities was forever thing that none of them were prepared for, I have heard it said that Vietnam was not changed, when a symbol of America’s mili- but will remember the horrors of the rest of lost in Saigon; rather, it was lost in Wash- tary might was left with a gaping hole. The their lives.

VerDate Mar 15 2010 01:01 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.003 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7000 CONGRESSIONAL RECORD — HOUSE September 28, 2010 It has sometimes appeared that the efforts cheese of exemptions and special provi- b 1200 in Afghanistan have trudged along, with suc- sions. It actually penalizes people who AFTER RECESS cess measured in part by the areas in which manufacture here in the United States. we have gained some measure of control I would suggest that, if we can bor- The recess having expired, the House versus the price paid in human lives both ci- was called to order by the Speaker pro vilian and military. The casualties suffered row trillions of dollars for tax changes, aren’t just numbers to me; each name, each shouldn’t the trillions be used to fix tempore (Mr. CUELLAR) at noon. face, represents a family who is paying the the broken system and not to push f ultimate price, the loss of a son or daughter, problems ahead a couple of years? brother or sister, father or mother; a family PRAYER that will never be the same. Therefore, I Instead, the debate is largely about extending $3.5 trillion in expiring Bush Reverend Roy Bennett, Calvary As- wholeheartedly support the formation of an sembly of God Church, Jefferson City, Afghanistan/Pakistan Study Group in the tax cuts or maybe about only extend- hope that it will help to turn the tide of this ing $2.8 trillion, not to mention the Missouri, offered the following prayer: war and lessen the number of casualties as cost of borrowing that money from the Our Heavenly Father, we come to well. Chinese, the Europeans, or the Japa- You today, asking Your divine blessing I, too, have a deep respect and confidence nese. Missing in the debate is how upon this House of Representatives. As in Gen. Petraeus and would not want my much of that we can afford at all, not they are called upon to make many de- comments to be construed as being critical cisions, we ask for Your divine direc- of the leadership of our military. I have no just the borrowed money and the deficit, but the lost opportunity to get the tion for not only this House, but for formal training in political science or his- our President and all others that are tory so please accept these comments as sim- tax system right. called upon to lead this great Nation. ply the perspective of an American mother Yet it is not just about taxation. We with children glad to serve our country. Lord, help them to remember we are must also look at the expending side of not great because of our vast resources God bless you and give you wisdom as you the equation, which is widely acknowl- serve in the leadership of our country. or our manufacturing abilities, but be- Sincerely, edged. Our defense budget can be re- cause our forefathers believed when ——— duced and redirected. There are hints Your word said, ‘‘Blessed is the Nation P.S. It meant so much to see my sons receive of this in the Obama administration, whose God is the Lord.’’ And as they a standing ovation when introduced during but we can do far more. We cannot con- looked to You, Lord, You led them, and last week’s luncheon. It is these very Lance tinue to spend above the rate of infla- Your blessing was upon this great land. Corporals, Corporals and Sergeants who are tion, not counting the wars in Afghani- almost daily listed among the casualties. My But today, Lord, we need Your divine stan and Iraq, while we spend billions direction and blessing to be upon this son, ——— remarked that listening to your of dollars to protect West Germany speech ‘‘restored his faith in the republic.’’ Nation more than ever. And now, Lord, Thank you again for recognizing their serv- from the Soviet Union, neither of let Your blessings be upon each one of ice. which exists anymore. these men and women that are leaders f We lavish agricultural subsidies on today. This we pray in Jesus’ name. the richest agribusiness, but it doesn’t Amen. b 1040 help most farmers or ranchers. We can f FISCAL SOLUTIONS AND help far more for far less. ECONOMIC RECOVERY There is the bottomless pit in the THE JOURNAL name of homeland security. Dana The SPEAKER pro tempore. The The SPEAKER pro tempore. The Priest’s brilliant writing in The Wash- Chair recognizes the gentleman from Chair has examined the Journal of the ington Post pointed out: It is out-of- Oregon (Mr. BLUMENAUER) for 5 min- last day’s proceedings and announces control spending, layer upon layer of utes. to the House his approval thereof. activities, that doesn’t make us any Mr. BLUMENAUER. Mr. Speaker, Pursuant to clause 1, rule I, the Jour- safer. Perhaps we may be less safe with the political parties are missing an op- nal stands approved. all the expenditure. portunity to deal with both the dis- f content and the fundamental causes we There are some on the other side of see in the political process today. You the aisle who talk about eliminating PLEDGE OF ALLEGIANCE don’t have to identify with the tea health care reform. No. We should ac- The SPEAKER pro tempore. Will the party to be frustrated with the tax sys- tually accelerate the reforms that are gentleman from Missouri (Mr. SKEL- tem. It is incomprehensible, expensive, in the health care bill so that they TON) come forward and lead the House unfair, and unsustainable. People of all won’t just save money but will actu- in the Pledge of Allegiance. parties and philosophies understand ally improve health care. We can in- Mr. SKELTON led the Pledge of Alle- that the long-term debt of the United vest in value over volume. We must not giance as follows: States and the fiscal practices that ignore why the long-term picture is I pledge allegiance to the Flag of the drive it are heading for a train wreck. such a problem and certainly we don’t United States of America, and to the Repub- The answer is not to ignore real prob- want to make it worse. lic for which it stands, one nation under God, lems, change the subject, or make it Many tea party sympathizers and indivisible, with liberty and justice for all. worse. A tax discussion should, frank- Jon Stewart fans could agree on this f ly, address why the system is incom- path forward. It would be nice, instead prehensible, the lack of certainty, how of campaign documents that get people MESSAGE FROM THE SENATE it doesn’t pay for what America needs, past an election but that don’t solve a A message from the Senate by Ms. and how we spend through tax breaks problem, to work on areas of agree- Curtis, one of its clerks, announced about what we collect overall. ment with the public which start us on that the Senate has passed a bill of the There are real problems that we a path to fiscal solutions and economic following title in which the concur- should be zeroing in on, like the alter- recovery. rence of the House is requested: native minimum tax. It was a million- S. 3847. An act to implement certain de- aire’s tax some 40 years ago that now f fense trade cooperation treaties, and for threatens 30 million American fami- other purposes. lies, not the billionaires. They won’t RECESS f pay it at all. It will be the near rich and the middle class. It was a system The SPEAKER pro tempore. Pursu- WELCOMING REVEREND ROY that was actually made worse the way ant to clause 12(a) of rule I, the Chair BENNETT the Bush tax cuts were structured. declares the House in recess until noon The SPEAKER pro tempore. Without We should deal with the corporate today. objection, the gentleman from Mis- tax. Yes, it is the second highest stated Accordingly (at 10 o’clock and 45 souri (Mr. SKELTON) is recognized for 1 rate in the world, but few companies minutes a.m.), the House stood in re- minute. pay the full amount because of a Swiss cess until noon. There was no objection.

VerDate Mar 15 2010 01:01 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.004 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7001 Mr. SKELTON. Mr. Speaker, I rise sage from the Secretary of the Senate on bol that we can work together while we today to personally welcome to the September 28, 2010 at 10:00 a.m.: help poor people around the globe. That the Senate passed with an amend- House our guest chaplain, Pastor Roy f Bennett of Missouri. His son David is ment H.R. 553. That the Senate passed without amend- WHERE IS THE TAX POLICY? accompanying him in the gallery. A ment H.R. 3553. native of the Show-Me State, Pastor That the Senate passed without amend- (Mr. BURGESS asked and was given Bennett was raised on a farm in south- ment H.R. 3808. permission to address the House for 1 east Missouri, and attended high school That the Senate passed without amend- minute and to revise and extend his re- in Zalma. Moving with his family to ment H.R. 2923. marks.) St. Louis following high school, he at- That the Senate passed with amendments Mr. BURGESS. Mr. Speaker, as you tended Brooks Bible Institute, and was H.R. 946. know, we’re back in town for a 1- or 2- That the Senate passed with amendments ordained in the Assemblies of God. Ex- H.R. 2092. day workweek. But where is the tax celling in his ministry, Pastor Bennett That the Senate concur in House amend- policy that this country so desperately would go on to serve congregations in ment to the text of the bill with an amend- needs to know? People are waiting. We the communities of Marble Hill, ment; Senate agrees to the House amend- heard it all the month of August while Potosi, Salem, and Versailles. ment to the title of the bill. S. 1510. we were home in our districts. End-of- For the past 7 years, Pastor Bennett That the Senate concur in House amend- the-year tax planning; businesses mak- has grown a vibrant congregation at ments to the text and title of the bill. S. ing hiring decisions; employee pay the First Assembly of God Church in 2868. raises; and yes, people doing estate That the Senate passed with an amend- Jefferson City, Missouri, where he cur- ment H.R. 2701. planning—no one can move because rently serves as senior pastor. As his 50 That the Senate passed S. 1338. this Congress has yet to act on exten- years of service throughout rural Mis- That the Senate passed S. 3802. sion of tax policy. We’re all on hold souri demonstrate, Pastor Bennett has With best wishes, I am until next year. Now the Internal Rev- been an invaluable leader for several Sincerely, enue Service cannot even begin to communities throughout our State. LORRAINE C. MILLER. print the forms that it will send out for I join my colleagues in welcoming f people who want to be in compliance Pastor Bennett to the U.S. House of ANNOUNCEMENT BY THE SPEAKER with our tax laws—forms that Ameri- Representatives, and we thank his son, PRO TEMPORE cans will need to be and be expected to David, who is with him today—one of fill out in January are not yet being his two sons. David is a former member The SPEAKER pro tempore. Pursu- printed. of the Armed Services. ant to clause 4 of rule I, the following Now, Mr. Speaker, Madam Speaker, enrolled bills were signed by the f we worked late when it suited your Speaker on Friday, September 24, 2010: purpose. Cap-and-trade, may I remind COMMUNICATION FROM THE S. 1674, to provide for an exclusion you, was passed in this House late on a CLERK OF THE HOUSE under the Supplemental Security In- Friday night. The first version of The SPEAKER pro tempore laid become program and the Medicaid pro- health care passed this House in No- fore the House the following commu- gram for compensation provided to in- vember, late on a Saturday night. And nication from the Clerk of the House of dividuals who participate in clinical the second version of health care, the Representatives: trials for rare diseases or conditions; Senate version, which is now the law, S. 3717, to amend the Securities Ex- OFFICE OF THE CLERK, passed late on a Sunday night. This Washington, DC, September 24, 2010. change Act of 1934, the Investment House is capable of working late, but it Hon. NANCY PELOSI, Company Act of 1940, and the Invest- seems only when it suits the purpose of Speaker, House of Representatives, ment Advisers Act of 1940 to provide the Speaker of the House. Washington, DC. for certain disclosures under section Madam Speaker, I urge us to com- DEAR MADAM SPEAKER: Pursuant to the 552 of title 5, United States Code, (com- permission granted in Clause 2(h) of Rule II plete this important task before we go monly referred to as the Freedom of In- home. The House should not adjourn of the Rules of the U.S. House of Representa- formation Act), and for other purposes; tives, the Clerk received the following mes- until our work is done. S. 3814, to extend the National Flood sage from the Secretary of the Senate on f September 24, 2010 at 12:43 p.m.: Insurance Program until September 30, That the Senate passed S. 3839. 2011. b 1210 That the Senate passed S. 3196. f That the Senate passed without amend- A COMPREHENSIVE PEACE ment H.R. 6190. SENATOR PAUL SIMON WATER AGREEMENT Appointments: (3). FOR THE WORLD ACT KEY FACTS (Mr. POLIS asked and was given per- State and Local Law Enforcement Con- (Mr. BLUMENAUER asked and was mission to address the House for 1 gressional Badge of Bravery Board. given permission to address the House minute and to revise and extend his re- Federal Law Enforcement Congressional Badge of Bravery Board. for 1 minute.) marks.) Public Safety Officer Medal of Valor Re- Mr. BLUMENAUER. Mr. Speaker, al- Mr. POLIS. One of the most troubled view Board. most 1 billion people lack access to areas of the world is at the threshold of With best wishes, I am safe drinking water and basic sanita- a great breakthrough for peace and for Sincerely, tion. Sick children miss 300 million humanity. I call upon the Israeli and LORRAINE C. MILLER. school days a year from waterborne ill- Palestinian leadership to remain com- f ness. And it kills 5,000 children every mitted to peace talks. I applaud the day. Our Water for the World Act em- COMMUNICATION FROM THE courageous decision of both Prime phasizes building sustainable expertise CLERK OF THE HOUSE Minister Netanyahu and President in these troubled countries. Their Abbas to work together to achieve The SPEAKER pro tempore laid be- version of the Water for the World bill peace. fore the House the following commu- passed out of the Senate Foreign Rela- A majority of Israelis and Palestin- nication from the Clerk of the House of tions Committee unanimously, and it ians supports an agreement of creating Representatives: passed the full Senate unanimously. a Palestinian state. The majorities in OFFICE OF THE CLERK, Our House version has over 80 bipar- both populations support a negotiated Washington, DC, September 28, 2010. tisan cosponsors. This legislation does two-state solution, and there is not a Hon. NANCY PELOSI, not provide new money, but helps us lot left to negotiate. Speaker, House of Representatives, focus existing resources much more ef- We have known the basic parameters Washington, DC. DEAR MADAM SPEAKER: Pursuant to the fectively to save lives. of such an agreement for many years. permission granted in Clause 2(h) of Rule II I hope that our leadership on both It is critical that, as new developments of the Rules of the U.S. House of Representa- sides of the aisle will schedule and sup- threaten to derail the process, Presi- tives, the Clerk received the following mes- port this important legislation, a sym- dent Abbas must put his people and

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Force effort which includes Active Duty, Re- flight pattern towards Andrews Air I call upon both parties, in the inter- serve, and Air National Guard members; Force Base in the final few minutes of ests of their people and the people of Whereas there are 18 Air Force Reserve the journey home for some of Amer- the United States and the world, to squadrons, 10 National Guard squadrons, and ica’s wounded warriors. Twice per continue to engage in a good-faith ne- 4 Active Duty squadrons; week, on schedule, these aeromedical gotiation to create a Comprehensive Whereas the aeromedical evacuation sys- crews bring our wounded servicemem- Peace Agreement to end the cycle of tem is comprised of aeromedical evacuation bers home right here to the National violence and to replace it with a cycle crews, aeromedical staging facilities, Capital Area after having fallen ill or of peace and prosperity for both peo- aeromedical liaison teams, support and com- having suffered injury during an al- munications personnel, and command and ready difficult deployment overseas. ples. control teams; f Whereas the Air Force has up to 500 This powerful image is part of a much larger system. ANNOUNCEMENT BY THE SPEAKER aeromedical evacuation, aeromedical staging, aeromedical liaison, support, commu- The Air Force has up to 500 PRO TEMPORE nications, and command and control per- aeromedical personnel deployed to Af- The SPEAKER pro tempore. Pursu- sonnel deployed to Afghanistan, to Iraq, in ghanistan, Iraq, in Europe, and in the ant to clause 8 of rule XX, the Chair Europe, and in the United States, as part of United States as part of the team pro- will postpone further proceedings the team providing care and helping ensure viding care and helping to ensure that today on motions to suspend the rules that wounded soldiers, sailors, airmen, and wounded soldiers, sailors, airmen, and on which a recorded vote or the yeas Marines get safely home to their families; marines get safely home to their fami- Whereas a normal aeromedical evacuation lies. It takes an average of 3 days for and nays are ordered, or on which the crew is composed of 2 flight nurses and 3 vote incurs objection under clause 6 of technicians; wounded troops to arrive at hospitals rule XX. Whereas a normal critical care air trans- in the United States. This is over 40 Record votes on postponed questions port team, composed of a critical care physi- days faster than during the Vietnam will be taken later. cian, critical care nurse, and a respiratory war. We have Air Force aeromedical f technician, augments an aeromedical evacu- evacuation to thank for being the ation crew when ICU level patients are transportation spine of the effort to RECOGNIZING MILITARY MEDICAL transported; and bring our ill and injured men and AND AIR CREWS Whereas Air Mobility Command plays a women home as safely and as quickly Mr. CRITZ. Mr. Speaker, I move to crucial role in providing humanitarian sup- as possible. suspend the rules and agree to the reso- port at home and around the world: Now, Ultimately, aeromedical evacuation therefore, be it by the Air Force is part of an inte- lution (H. Res. 1605) recognizing the Resolved, That the House of Representa- service of the medical and air crews in tives— grated combat casualty care system helping our wounded warriors make (1) recognizes the service of the medical that includes front-line medics and the expeditious and safe trip home to and air crews in helping our wounded war- corpsmen of the Army, Navy and Air the United States and commending the riors make the expeditious and safe trip Force, as well as medical evacuation personnel of the Air Force for their home to the United States; and and casualty evacuation by Army, commitment to the well-being of all (2) commends the personnel of the Air Navy and Marine Corps flight, air am- our service men and women, as amend- Force for their commitment to the well- bulance and ground ambulance crews. being of all our service men and women. ed. We owe our sincerest gratitude to The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- each and every person in this system tion. ant to the rule, the gentleman from who has yielded an extraordinary 98 The text of the resolution is as fol- Pennsylvania (Mr. CRITZ) and the gen- percent survival rate for wounded serv- lows: tleman from North Carolina (Mr. icemembers. H. RES. 1605 JONES) each will control 20 minutes. So, Mr. Speaker, if you are ever facing south on the Hill and see a C–17 on Whereas aeromedical evacuation by the The Chair recognizes the gentleman Air Force is part of an integrated combat from Pennsylvania. the horizon, you might now just sigh in casualty care system that includes front-line GENERAL LEAVE relief because it might be one of our medics and Corpsmen of the Army, Navy, Mr. CRITZ. Mr. Speaker, I ask unani- aeromedical evacuation transports and Air Force, as well as medical evacuation mous consent that all Members have 5 bringing our wounded warriors home to and casualty evacuation by Army, Navy, and legislative days within which to revise receive world-class medical care. Marine Corps flight, air ambulance, and and extend their remarks on the reso- I urge my colleagues to support ground ambulance crews; House Resolution 1605. Whereas aeromedical evacuation missions lution under consideration. The SPEAKER pro tempore. Is there I reserve the balance of my time. provide support for all of the Armed Forces; Mr. JONES. I yield myself such time objection to the request of the gen- Whereas, since September 11, 2001, the as I may consume. aeromedical evacuation system has moved tleman from Pennsylvania? Mr. Speaker, I rise in support of over 81,000 patients, including almost 14,000 There was no objection. House Resolution 1605, as amended, battle-injured soldiers; Mr. CRITZ. I yield myself such time recognizing the service of the military Whereas troops wounded in Operation En- as I may consume. medical and aircrews who help our during Freedom and Operation Iraqi Free- Mr. Speaker, I rise today in support dom reach United States military hospitals wounded warriors return home quickly of House Resolution 1605, recognizing and safely and commending the mem- out of theater in 30 hours on average; the service of the medical and aircrews Whereas the majority of patients are nor- bers of the Air Force for their commit- mally flown to Ramstein Air Base in Ger- in helping our wounded warriors make ment to our service men and women. many, and then to appropriate care facilities the expeditious and safe trip home to I thank the gentleman from Cali- in the United States; the United States and commending the fornia (Mr. THOMPSON) for introducing Whereas our wounded troops arrive at personnel of the Air Force for their this resolution. United States hospitals in an average of 3 commitment to the well-being of all The key to our having our men and days; our servicemen and -women. women survive after being wounded in Whereas now troops wounded in Operation I would like to thank the gentleman combat is immediate medical care, fol- Enduring Freedom and Operation Iraqi Free- from California (Mr. THOMPSON) for lowed by the quick and safe evacuation dom arrive at United States hospitals on average 7 days faster than they did during Op- bringing this resolution before the from the battlefield. No one does this eration Desert Storm and over 40 days faster House. better than the United States military. than during the Vietnam conflict; Mr. Speaker, twice a week, those of Mr. Speaker, today’s combat cas- Whereas yielding a survival rate of 98 per- us who have south-facing offices in the ualty care system is a complex, inte- cent for wounded service members by adopt- Cannon, Longworth and Rayburn grated effort that brings a wounded

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In addition to these 13 unfortu- vide critical transportation to the next Whereas civilian and military law enforce- nate Americans who were murdered level of medical care. We owe our ut- ment personnel of the Department of Defense that day, 31 more were wounded. Many most gratitude to all of the dedicated acted swiftly and courageously to neutralize of them were seriously wounded, but a individuals who have a part in this life- the threat; quick response from Army medics saving endeavor. Whereas Army medics immediately began saved lives and mitigated the severity treating the wounded, greatly reducing the But today we specifically recognize loss of life; of some of the injuries. Soldiers and ci- the men and women of the United Whereas nearby Army personnel selflessly vilians rushed to remove those in need States Air Force. Their commitment to evacuated wounded individuals to safety of medical attention from the building, excellence has raised aeromedical eval- prior to the threat being eliminated; and even while the threat of the gunman uation to an unprecedented level of Whereas the Fort Hood regional commu- was still present. At the same time, success. One only has to travel to An- nities, the State of Texas, military service law enforcement personnel worked to drews Air Force Base to witness first- organizations and countless Americans eliminate the danger to Fort Hood and hand the care, compassion and love united in support of the Fort Hood victims to the surrounding community. and their families: Now, therefore, be it given to our returning wounded. The Resolved by the House of Representatives (the I would like to convey my deepest Air Force pilots, crew chiefs, doctors, Senate concurring), That Congress— sympathies to the families and friends nurses, and medics have worked tire- (1) recognizes the shootings that occurred of those killed and injured in the Fort lessly to bring the wounded safely at Fort Hood, Texas, on November 5, 2009, as Hood shootings and express gratitude home. a tragic event in the history of the Army and to the soldiers, Army civilians, and I urge my colleagues who have not the United States; local residents who assisted in the res- had that opportunity to watch the Air (2) extends its deepest sympathies to the cue and recuperation of the victims, es- Force unloading these medical trans- families and friends of the victims of the pecially as the anniversary of this shootings who had already sacrificed a great port planes to go out to Andrews and deal by righteously answering their coun- event draws closer. see it. It is truly unforgettable. I have try’s call to serve; b 1220 been out there myself, and I must say (3) honors the civilian law enforcement I urge my colleagues to recognize the that it is heartwarming and a hum- personnel of the Department of Defense for bling experience to see this fine work effectively implementing their training to soldiers and civilians killed and wound- done by the United States Air Force in promptly eliminate the threat, thereby lim- ed by voting in favor of House Concur- the care for these wounded. iting additional loss of life or injury; rent Resolution 319. Mr. Speaker, I join all of my col- (4) commends the Fort Hood command LIST OF SOLDIERS AND THE FORMER SOLDIER team for its timely response and situational WHO LOST THEIR LIVES AT FORD HOOD leagues to honor the military medical control; and personnel and aircrews whose skills Lieutenant Colonel Juanita Warman. (5) expresses gratitude to the Fort Hood Major Libardo Caraveo. and professionalism ensure that our communities, military personnel stationed Captain John Gaffaney. wounded warriors return home quickly at Fort Hood, military service organizations, Captain Russell Seager. and safely. I, therefore, strongly urge and the American people for promptly ex- Staff Sergeant Justin Decrow. all Members to support this resolution. tending comfort and assistance to the vic- Sergeant Amy Krueger. I yield back the balance of my time. tims of the shootings and their families. Specialist Jason Hunt. The SPEAKER pro tempore. Pursu- Specialist Frederick Greene. Mr. CRITZ. Mr. Speaker, I have no Private First Class Aaron Nemelka. further requests for time, and I yield ant to the rule, the gentleman from Private First Class Michael Pearson. back the balance of my time. Pennsylvania (Mr. CRITZ) and the gen- Private First Class Kham Xiong. The SPEAKER pro tempore. The tleman from North Carolina (Mr. Private Francheska Velez. question is on the motion offered by JONES) each will control 20 minutes. Michael Cahill. the gentleman from Pennsylvania (Mr. The Chair recognizes the gentleman I reserve the balance of my time. CRITZ) that the House suspend the from Pennsylvania. Mr. JONES. Mr. Speaker, I yield my- rules and agree to the resolution, H. GENERAL LEAVE self such time as I may consume. Res. 1605, as amended. Mr. CRITZ. Mr. Speaker, I ask unani- Mr. Speaker, on November 5, 2009, 13 The question was taken; and (two- mous consent that all Members have 5 people were killed and 31 wounded at thirds being in the affirmative) the legislative days within which to revise Ft. Hood, Texas, when a gunman at- rules were suspended and the resolu- and extend their remarks on the reso- tacked unarmed military civilian per- tion, as amended, was agreed to. lution under consideration. sonnel who were preparing for deploy- A motion to reconsider was laid on The SPEAKER pro tempore. Is there ment or who recently returned to the the table. objection to the request of the gen- United States from deployments. This f tleman from Pennsylvania? was an attack that devastated the peo- There was no objection. ple there and across this Nation. It was RECOGNIZING FIRST ANNIVER- Mr. CRITZ. I yield myself such time a senseless act of horror that betrayed SARY OF FORT HOOD SHOOTINGS as I may consume. our respect and dignity for human life. Mr. CRITZ. Mr. Speaker, I move to Mr. Speaker, I rise today in support I want to thank my colleague, Rep- suspend the rules and agree to the con- of House Concurrent Resolution 319, resentative JOHN CARTER of Texas, for current resolution (H. Con. Res. 319) recognizing the anniversary of the introducing this legislation to give all recognizing the anniversary of the tragic shootings that occurred at Fort Members the opportunity today to tragic shootings that occurred at Fort Hood, Texas, on November 5, 2009. once again stand in support of the men Hood, Texas, on November 5, 2009. I am grateful to my colleague from and women at Ft. Hood and their fami- The Clerk read the title of the con- Texas (Mr. CARTER) for his work in au- lies who suffered in that time of trial. current resolution. thoring this resolution. This resolution also honors those The text of the concurrent resolution Mr. Speaker, last November a gun- military and civilian law enforcement is as follows: man opened fire at the Soldier Readi- officers who acted swiftly and coura- H. CON. RES. 319 ness Processing Center at Fort Hood, geously to neutralize the threat, as where military and civilian personnel Whereas, on November 5, 2009, a gunman well as the medical personnel who im- entered the Soldier Readiness Processing had recently returned from deployment mediately began treating the wounded, Center at Fort Hood, Texas, and opened fire or were preparing to go overseas. This thereby reducing the loss of life. on military and civilian personnel who were was an event that saddened every While we wait for the justice system preparing for deployment or who had re- American, and it is important that we to decide the fate of the gunman, it is

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When the call went out for nals the requirement that such prepa- our Nation’s defense, a star that will medics, multiple members of that ration apply to all of our military in- burn brightly for decades to come. group threw off their cap and gown be- stallations. While we honor the sacrifice of our fore they graduated and took off next Mr. Speaker, I reserve the balance of veterans and our troops on Veterans door to the processing center to work my time. Day and Memorial Day, I hope Ameri- with the wounded. Without regard to Mr. CRITZ. Mr. Speaker, I yield such cans will remember every day how their own safety, civilian and military time as he may consume to my friend blessed we are to live in a land where law enforcement personnel, including and colleague, the chairman of the our servicemen and -women and their Sergeants Munley and Todd, acted Military Construction and Veterans Af- families are willing to sacrifice so swiftly and courageously to neutralize fairs Appropriations Subcommittee and much in service to country. Let us all the threat, using the active shooter original cosponsor of this resolution, rededicate ourselves to honoring our training program they had recently the gentleman from Texas (Mr. ED- troops, our veterans, and their fami- completed. WARDS). lies. Let us remember them not just on 1230 Mr. EDWARDS of Texas. Mr. Speak- Veterans Day and Memorial Day with b er, I rise in support of House Concur- our words but every day. Army medics immediately reverted rent Resolution 319 and want to com- Today, we send our prayers to those to their combat-honed training and mend my colleague from Texas (Mr. who were wounded, physically and began treating the wounded, greatly CARTER) for offering this resolution emotionally, by the unprovoked attack reducing the loss of more life. Fellow and also for his tremendous leadership last year at Ft. Hood, and we ask that soldiers from everywhere descended day in and day out on behalf of the in- God keep them in His loving arms, upon this area and, while the shooting credible soldiers and families of Ft. those who gave that day, in the words was going on, risked their lives to Hood. of Lincoln, ‘‘their last full measure of evacuate their brethren safely to Mr. Speaker, on behalf of citizens all devotion to country.’’ Darnall Army Hospital. across America, we rise today to ex- Michael Grant Cahill, civilian physi- Fort Hood regional communities, the press our deepest respect for the sol- cian assistant; Major L. Eduardo State of Texas, military service organi- diers and families of Ft. Hood, Texas, Caraveo; Staff Sergeant Justin M. zations, and countless Americans as we approach the 1-year anniversary DeCrow; Captain John P. Gaffaney; united in support of Fort Hood victims of the tragic shooting there. I want to Specialist Frederick Greene; Specialist and their families, collecting millions reaffirm to the Ft. Hood families that Jason Dean Hunt; Sergeant Amy of dollars in charitable donations. My they are still in the thoughts and pray- Krueger; Private First Class Aaron office has worked hard to ensure that ers of our Nation. Thomas Nemelka; Private First Class the Fort Hood victims receive all the It is a tragedy beyond words that Michael Pearson; Captain Russell benefits to which they are entitled as Americans who were willing to risk Seager; Private Francheska Velez; combat victims. Additionally, we are their lives for our country and combat Lieutenant Colonel Juanita Warman; working with the Department of De- abroad ended up losing their lives here and Private First Class Kham Xiong. fense to overcome regulatory obstacles While these heroes are now in God’s at home in an attack that just 1 year that have prevented the victims and loving arms, we here on Earth shall not ago would have seemed unimaginable. their families from receiving chari- forget them. table donations. I am hopeful our Sen- While the 12 soldiers and one civilian Mr. JONES. Mr. Speaker, I yield such ate colleagues will agree to these legis- killed at Ft. Hood last November did time as he may consume to the gen- not die in combat in a foreign country, lative adjustments included in this tleman from Texas (Mr. CARTER), who they gave their lives defending Amer- introduced this resolution, as much year’s defense authorization bill to en- ica, and for that, we will always con- time as he might consume. sure that Fort Hood victims and their sider them heroes. The spouses, chil- Mr. CARTER. I thank my friend for families receive every benefit to which dren, and families of the fallen may not yielding. they are rightly entitled. have worn our Nation’s uniform, but Mr. Speaker, I rise today in strong I want to thank the House Armed they, too, have served our Nation support of House Concurrent Resolu- Services Committee and the House through their deep personal sacrifice. tion 319 commemorating the 1-year an- leadership for working with my office We will never ever forget that sac- niversary of the terrible shooting at to swiftly bring this resolution to the rifice. We cannot bring back their Ft. Hood, Texas. floor. loved ones, but I hope that they will On November 5, 2009, a gunman en- I ask my colleagues to join me in forever feel the collective love and tered the Soldier Readiness Processing honoring the Fort Hood victims and gratitude and prayers of millions of Center at Ft. Hood, Texas, and merci- their families by passing this House their fellow Americans. lessly opened fire on military and civil- Concurrent Resolution 319. Mr. Speaker, during this attack last ian personnel who were preparing for Mr. Speaker, I intentionally did not year, Ft. Hood was a scene of unspeak- deployment or who had recently re- discuss the accused shooter in an effort able tragedy, but I know it as a place turned from being overseas in a deploy- to protect his right to a fair and impar- of great triumph—a place where service ment. Thirteen people were killed in tial trial when that trial occurs. to country isn’t just an idea; it is a this attack, including 12 soldiers, one Mr. PETRI. Mr. Speaker, as the House con- way of life, a place where the American of whom was an expecting mother and siders H. Con. Res. 319 recognizing the anni- spirit is alive and well. one former soldier. Thirty-one people versary of the shootings at Fort Hood last No- I hope the world will see the Ft. Hood were wounded. Some of the wounded, vember, I would like to pay tribute to all of the I saw as its Representative in Congress like Staff Sergeant Patrick Zeigler, 43 shooting casualties and recognize two of for 14 years through three combat de- have required months of care and reha- my constituents. ployments. When I think of Ft. Hood, I bilitation, and that is an ongoing situ- Staff Sergeant Amy Krueger of Kiel, Wis- think of soldiers, their families, their ation. consin, was one of those who lost their lives children, and their neighbors in nearby But wonderful stories come out of that day. Following the 9/11 terrorists attacks, communities who care for each other this. One story that I heard, as a young she was moved to join the Army because she and are proud to serve and, yes, sac- soldier saw his sergeant get shot the wanted to help keep America safe. She was rifice for our Nation’s freedom. third time, he jumped between his ser- proud of her military service and returned to Ft. Hood is known as ‘‘The Great geant and the shooter and took the rest Kiel High School to share her experiences Place’’ because that is what it is: past, of the rounds into his body because he with current students. Staff Sergeant Krueger present, and future. The actions of one just was afraid his sergeant wouldn’t had been to Afghanistan previously and, like deranged gunman should not, and will be able to survive any more. others in the Soldier Readiness Processing

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.016 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7005 Center that day, was about to be deployed foreign conflicts over the course of the his- GENERAL LEAVE again. tory of the United States; Mr. CRITZ. I ask unanimous consent In his remarks at the Fort Hood memorial Whereas thousands of these Americans that all Members have 5 legislative service shortly after the shooting, President serving overseas were detained and interned days within which to revise and extend as prisoners of war (‘‘POW’’) or went missing their remarks on the resolution under Obama shared a story that symbolizes Staff in action (‘‘MIA’’) during their wartime serv- Sergeant Krueger’s energy, drive and deter- ice; consideration. mination. He said, ‘‘When her mother told her Whereas more than 138,000 members of the The SPEAKER pro tempore. Is there she couldn’t take on Osama bin Laden by her- United States Armed Forces who fought in objection to the request of the gen- self, Amy replied ‘Watch me.’ ’’ That spirit was World War II, the Korean War, the Vietnam tleman from Pennsylvania? evident to all who knew her. War, the Cold War, the Gulf War, and Oper- There was no objection. In the small Wisconsin town of Kiel, the ation Iraqi Freedom were detained or in- Mr. CRITZ. Mr. Speaker, I yield my- news of Staff Sergeant Krueger’s death was terned as POWs, many suffering and thou- self such time as I may consume. met with an outpouring of love and support for sands dying from starvation, forced labor, I rise today in support of House Reso- and severe torture; lution 1630, expressing support for Na- her family and friends, as well as respect for Whereas, in addition to those POWs, more her service to our country. On Memorial Day tional Prisoner of War/Missing in Ac- than 84,000 members of the Armed Forces tion Recognition Day. I would like to this year, the town unveiled a memorial in her who served in those wars remain listed by thank the gentleman from Illinois (Mr. honor that includes words that meant so much the Department of Defense as unaccounted LIPINSKI) for sponsoring this resolu- to her: ‘‘All Gave Some—Some Gave All.’’ As for; Whereas there remains today members of tion. we mark this sad day one year later, we re- Mr. Speaker, on September 17, a very member Staff Sergeant Krueger and send our the Armed Forces being held in Iraq and Af- ghanistan; important and symbolic flag flew over thoughts and prayers to her loved ones. the United States Capitol, one that Private First Class Amber Bahr of Random Whereas these thousands of American POWs and MIAs gave an immeasurable sac- represents both the deepest and rawest Lake, Wisconsin, is a Sixth District resident rifice for their country and for the well-being wounds of war as well as uncommon who was injured in the shootings. As the of their fellow Americans; valor and the most selfless of sac- events unfolded that terrible day, Amber im- Whereas their bravery and sacrifice should rifices. This is the POW/MIA flag. mediately reacted to help her injured com- be forever memorialized and honored by all Etched in black and white on this flag Americans; rades and did not even realize that she too is a silhouette of a young man whose had been shot. This generous spirit was also Whereas the uncertainty, hardship, and pain endured by the families and loved ones face cannot be seen. This is the face of cited by President Obama as an example of every soldier, sailor, airman, and ma- the bravery and caring of these soldiers for of POWs and MIAs should not be forgotten; Whereas Congress first passed a resolution rine who has endured imprisonment one another. commemorating ‘‘National POW/MIA Rec- and the harshest of conditions as a Our service men and women have joined ognition Day’’ in 1979; prisoner at the hands of the enemy, the military to serve their country; many, like Whereas the President annually honors and of every brave soul who did not re- Amy, to join the fight against terrorism. I am ‘‘National POW/MIA Recognition Day’’ on turn home from battle but remains un- sure they did not expect that they would be the third Friday of each September through accounted for in a distant land. fighting it here on U.S. soil. Presidential proclamation; and Whereas in 2010, ‘‘National POW/MIA Rec- As a Nation, it is our sacred duty to I join my colleagues in supporting H. Con. ensure that these missing soldiers are Res. 319 as we take time to remember and ognition Day’’ is honored on September 17: Now, therefore, be it not forgotten and to work tirelessly pay our respects to those lives lost, as well as until every story ends and all are ac- Resolved, That the House of Representa- commend and thank the civilian and military counted for. By recovering our missing law enforcement personnel, the medics and all tives— (1) recognizes that National POW/MIA Rec- soldiers, we also recover a missing others who helped those in need that day. piece of our national heritage and Mr. JONES. I yield back the balance ognition Day is one of the six days specified by law (pursuant to section 902 of title 36, honor, those who fought to preserve it. of my time. United States Code) as a day on which the Honoring American POWs and MIAs is Mr. CRITZ. Mr. Speaker, I have no POW/MIA flag is to be flown over specified a reminder to look back on our proud further requests for time, and I yield Federal facilities and national cemeteries, history, a tapestry woven of thousands back the balance of my time. military installations, and post offices; of individual stories and sacrifices and The SPEAKER pro tempore. The (2) extends the gratitude of the House of question is on the motion offered by Representatives and the nation to those who of lives dedicated to the preservation the gentleman from Pennsylvania (Mr. have served the United States in captivity to of the freedom we hold so dear. This is the embodiment of our country’s sol- CRITZ) that the House suspend the hostile forces as prisoners of war; rules and agree to the concurrent reso- (3) recognizes and honors the more than emn promise to the prisoners of war 84,000 members of the Armed Forces who re- lution, H. Con. Res. 319. and missing in action of our Armed main unaccounted for and their families; Forces. We will never stop searching The question was taken; and (two- (4) recognizes the untiring efforts of na- thirds being in the affirmative) the for you, and you are not forgotten. tional POW/MIA organizations in ensuring I urge my colleagues to recognize and rules were suspended and the concur- that America never forgets the contribution commend the service of the thousands rent resolution was agreed to. of the nation’s prisoners of war and unac- A motion to reconsider was laid on counted for military personnel; of former prisoners of war and service- the table. (5) applauds the personnel of the Defense members missing in action by voting in POW/Missing Personnel Office, the Joint favor of House Resolution 1630. f POW/MIA Accounting Command, the Armed I reserve the balance of my time. SUPPORTING NATIONAL POW/MIA Forces Identification Laboratory, the Life Mr. JONES. Mr. Speaker, I yield my- RECOGNITION DAY Sciences Equipment Laboratory, and the self such time as I may consume. military departments for continuing their Mr. Speaker, I rise in support of Mr. CRITZ. Mr. Speaker, I move to mission of achieving the fullest possible ac- House Resolution 1630 to express sup- suspend the rules and agree to the reso- counting of all Americans unaccounted for port for National Prisoner of War/Miss- lution (H. Res. 1630) expressing support as a result of the previous conflicts of the ing in Action Recognition Day. for National POW/MIA Recognition United States; and I would like to commend the gen- Day, as amended. (6) calls on all Americans to recognize Na- tleman from Illinois (Mr. LIPINSKI) for The Clerk read the title of the resolu- tional POW/MIA Recognition Day with ap- introducing this resolution. At the tion. propriate remembrances, ceremonies, and ac- The text of the resolution is as fol- tivities. heart of this resolution is the principle lows: that the American military never The SPEAKER pro tempore. Pursu- leaves a fallen comrade behind. More H. RES. 1630 ant to the rule, the gentleman from than 84,000 members of the Armed Whereas the United States depends upon Pennsylvania (Mr. CRITZ) and the gen- Forces remain unaccounted for from the service and sacrifices of courageous tleman from North Carolina (Mr. World War II, the Korean war, Viet- young Americans to protect and uphold the JONES) each will control 20 minutes. nation’s ideals; nam, the cold war, and the gulf war, Whereas generations of American men and The Chair recognizes the gentleman and U.S. military personnel have been women have served bravely and honorably in from Pennsylvania. held in Afghanistan and Iraq.

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.027 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7006 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Since the Vietnam war, achieving the did not. They all deserve our recogni- I want to thank my colleagues who fullest possible accounting of our POWs tion and our gratitude. joined me in cosponsoring this resolu- and MIAs has been a national priority. Also deserving special recognition tion, as well as House Armed Services The Department of Defense organiza- are those Americans who never return Committee Chairman SKELTON for his tions principally responsible for the ac- from war—who are missing in action. help in moving that resolution. counting effort have made significant Indeed, there remain today over 84,000 I want to thank Mr. CRITZ for his progress even at the cost of the lives of missing in action soldiers, sailors, air- work on this issue and other issues in some involved in the physically de- men, and marines who are unaccounted serving our veterans, and also Mr. manding, dangerous fieldwork re- for on the battlefields of World War II, JONES for all his work for our veterans. quired. So I want to especially com- Korea, Vietnam, the cold war, and the Until they are home, our thoughts mend the efforts of the Defense POW/ gulf war. and prayers will forever remain with Missing Persons Office, the Joint POW- One particular group of American he- the families, friends and loved ones of MIA Accounting Command, the Armed roes I want to mention today are the those Americans who have suffered Forces Identification Laboratory, the more than 500 U.S. marines and sailors through tremendous hardship for their Life Sciences Equipment Laboratory, from World War II who remain unac- country. counted for on the small Pacific atoll and each of the military services. They I ask all my colleagues to join in sup- of Tarawa. I worked with Armed make up the core of the Department of port of National POW/MIA Recognition Forces Committee Chairman IKE SKEL- Defense’s accounting community. Day and to take a moment to reflect TON to include language in the 2010 de- Yet with all the progress that has upon the immeasurable sacrifices made fense reauthorization urging the De- been made, more needs to be done. The by America’s service men and women fense Department to review new re- House Armed Services Committee took to ensure our freedom. the lead a year ago with the enact- search on the location of the remains of U.S. servicemen on Tarawa and to do Mr. JOHNSON of Georgia. I rise today in ment, for the first time, of a statutory support of H. Res. 1630, a resolution express- requirement that the POWs and miss- everything feasible to see that they are recovered. ing support for National POW/MIA Recognition ing from all America’s prior wars be Day. fully accounted for. In addition, the b 1240 Mr. Speaker, as Members of Congress our legislation mandated that by 2015, the The Joint POW/MIA Accounting most solemn obligation is to defend the United Department of Defense achieve the Command, JPAC, has just returned States and protect the American people from fullest possible accounting of no less from Tarawa with word that they have those who would do them harm. But we mere- than 200 persons a year. To achieve this recovered the remains of what they be- ly make national security policy. The men and requirement will require additional re- lieve to be two U.S. servicemen. I, women in uniform who shoulder the burden of sources and an improved integration of along with the families of those miss- defending our nation—who fight and sacrifice effort among the DOD accounting coming servicemembers, look forward to around the world on our behalf—they are the munity. We look forward to the De- receiving the full report on this mis- tip of the spear, who risk life and limb to keep partment of Defense plan to improve sion. us safe. the way it has conducted the account- It is our obligation to honor the ex- Those American warriors who are captured ing mission. traordinary service of all American or missing in action must be honored, and this It is also important for us to under- POWs and MIAs. Congress first passed resolution does honor them. We extend the stand and commend the efforts of the a resolution commemorating National gratitude of this body and the nation to those families and loved ones of those who POW/MIA Recognition Day in 1979. who have served and continue to serve the remain unaccounted for. Their unflag- Since then, the third Friday of every United States in captivity to hostile forces as ging grassroots efforts, as well as those September has been set aside to give prisoners of war, and those who remain miss- of national POW/MIA organizations, remembrance to our Nation’s prisoners ing. But more importantly, we must make have been essential to ensure that both of war, unaccounted for military per- every effort to find and liberate them. Amer- the Congress and the executive branch sonnel, and their families and friends. ican service men and women must know that remain committed to the accounting So long as members of our Armed they will not be forgotten. They will not be effort. Forces remain unaccounted for, we abandoned. Finally, we must not forget those must expend every effort to bring them who died as POWs or survived captivity home to the country in whose defense More than 138,000 members of the Armed despite starvation, forced labor, and se- they fought and sacrificed. It is vital Forces who fought in World War II, the Korean vere torture. For this reason, this reso- that today’s troops and their families war, the Vietnam war, the cold war, the gulf lution in support of National Prisoner know the U.S. will pursue all possible war, and Operation Iraqi Freedom were de- of War/Missing in Action Recognition measures to fulfill the promise of retained or interned as POWs. Many of them Day is an important one, and I urge covery. endured unimaginable suffering. Today, more unanimous support for its adoption. I want to highlight the unwavering than 84,000 members of the Armed Forces re- I yield back the balance of my time. commitment of the military commands main unaccounted for. And there remain today Mr. CRITZ. I yield such time as he devoted to recovering remains and pro- members of the Armed Forces held captive in may consume to my friend and col- viding solace and closure to the fami- Iraq and Afghanistan. league, and the sponsor of this resolu- lies of Americans who remain missing Mr. Speaker, let us pause to honor those tion, the gentleman from Illinois (Mr. in action from previous conflicts. The who have been captured or missing while LIPINSKI). Joint POW/MIA Accounting Command serving our country at war. I urge my col- Mr. LIPINSKI. Mr. Speaker, I rise has successfully undertaken countless leagues to support this resolution, a small today in support of H. Res. 1630, ex- missions throughout the world to bring token of our solemn appreciation. pressing support for National POW/MIA home the remains of fallen service- Mr. CRITZ. Mr. Speaker, I have no Recognition Day, which occurred on members, and the efforts of the Defense further requests for time, and I yield September 17. Department’s POW/Missing Personnel back the balance of my time With every war America wages, our Office, the Armed Forces Identification The SPEAKER pro tempore. The Nation owes a greater debt to the cou- Laboratory, the Life Sciences Equip- question is on the motion offered by rageous and selfless members of the ment Laboratory, and numerous vet- the gentleman from Pennsylvania (Mr. United States Armed Forces who have erans and POW/MIA organizations are CRITZ) that the House suspend the fought to secure our freedom and lib- more than deserving of recognition as rules and agree to the resolution, H. erty. During the course of these con- well. Res. 1630, as amended. flicts, more than 138,000 brave Amer- And, unfortunately, we cannot forget The question was taken; and (two- ican service men and women have been the two U.S. servicemen who are cur- thirds being in the affirmative) the detained or interned as prisoners of rently listed as held captive in Iraq and rules were suspended and the resolu- war. Many suffered through torture, Afghanistan. We will continue to pray tion, as amended, was agreed to. forced labor, and unspeakable hard- for a swift and auspicious end to their A motion to reconsider was laid on ships. Some POWs return home; others ordeal. the table.

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.020 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7007 CONDEMNING REMOVAL OF However, the theft of the cross is in- sistence of hard working Americans at the MOJAVE CROSS MEMORIAL excusable. We support this measure’s time of the Great Depression; Whereas the Hoover Dam is the model for Mrs. CHRISTENSEN. Mr. Speaker, I condemnation of that theft and urge all Federal law enforcement officials to major water management projects around move to suspend the rules and agree to the world; and the resolution (H. Res. 1378) con- continue their efforts to recover the Whereas the Hoover Dam is registered as a demning the theft from the Mojave Na- cross and bring those responsible for National Historic Landmark on the United tional Preserve of the national Mojave the theft to justice. States National Register of Historic Places Cross memorial honoring American Mr. Speaker, I reserve the balance of and is considered one of seven modern engi- soldiers who died in World War I. my time. neering wonders by the American Society of The Clerk read the title of the resolu- Mr. HASTINGS of Washington. Mr. Civil Engineers: Now, therefore, be it tion. Speaker, I yield myself such time as I Resolved, That the House of Representa- The text of the resolution is as fol- may consume. tives— (1) celebrates and acknowledges the thou- lows: Mr. Speaker, I want to commend Mr. LEWIS of California for his leadership sands of workers and families that overcame H. RES. 1378 in bringing this resolution before the difficult working conditions and great chal- Whereas in 1934, World War I veterans lenges to make construction of the facility placed a cross memorial on Sunset Rock House. The recent theft of the Mojave possible; near Barstow, California, with a wooden Cross memorial honoring American (2) celebrates and acknowledges the eco- plaque proclaiming the simple monument soldiers who died in World War I is an nomic, cultural, and historic significance of honored the lives of all who have defended act that merits our strongest con- the Hoover Dam and its role in meeting fu- America and freedom; demnation. So I urge my colleagues to ture challenges; Whereas in 2002, Congress declared the Mo- support this resolution. (3) recognizes the past, present, and future jave Cross a national memorial, the only Mr. Speaker, I yield back the balance benefits of its construction to the agricul- such memorial dedicated to the war dead of of my time. tural, industrial, and urban development of World War I; Mrs. CHRISTENSEN. I yield back the the Southwestern United States; and Whereas in 2003, Congress passed legisla- balance of my time, Mr. Speaker. (4) joins the States of Arizona, California, Nevada, and the entire Nation in celebrating tion to protect the Mojave Cross memorial The SPEAKER pro tempore. The by providing for a land swap that would the 75th anniversary of the dedication of the leave the cross on private land, to be main- question is on the motion offered by Hoover Dam. tained by the Veterans of Foreign Wars; the gentlewoman from the Virgin Is- The SPEAKER pro Tempore. Pursu- Whereas, on April 28, 2010, the United lands (Mrs. CHRISTENSEN) that the ant to the rule, the gentlewoman from States Supreme Court, in Salazar v. Buono, House suspend the rules and agree to California (Mrs. NAPOLITANO) and the reversed a Court of Appeals judgment that the resolution, H. Res. 1378. gentleman from Washington (Mr. invalidated an effort by Congress to preserve The question was taken; and (two- HASTINGS) each will control 20 minutes. the Mojave Cross memorial through a land thirds being in the affirmative) the The Chair recognizes the gentle- transfer and remanded the case for further rules were suspended and the resolu- woman from California. proceedings; and tion was agreed to. Whereas, on May 9, 2010, the Mojave Cross GENERAL LEAVE memorial was reportedly vandalized and sto- A motion to reconsider was laid on the table. Mrs. NAPOLITANO. Mr. Speaker, I len: Now therefore, be it ask unanimous consent that all Mem- Resolved, That the House of Representa- f tives— bers may have 5 legislative days in (1) condemns the illegal removal of the Mo- CELEBRATING 75TH ANNIVERSARY which to revise and extend their re- jave Cross memorial by vandals as a repul- OF HOOVER DAM marks and include extraneous material sive act that is an insult to the brave men Mrs. NAPOLITANO. Mr. Speaker, I on the resolution under consideration. and women who have served in the Armed move to suspend the rules and agree to The SPEAKER pro tempore. Is there Forces and who have given their lives to de- the resolution (H. Res. 1636) celebrating objection to the request of the gentle- fend the country; and woman from California? (2) urges the National Park Service and the 75th anniversary of the Hoover Dam. There was no objection. Federal law enforcement to continue work- Mrs. NAPOLITANO. I yield myself ing with the Veterans of Foreign Wars to re- The Clerk read the title of the resolu- cover the Mojave Cross memorial. tion. such time as I may consume. Mr. Speaker, House Resolution 1636, The SPEAKER pro tempore. Pursu- The text of the resolution is as fol- a bipartisan resolution, commemorates ant to the rule, the gentlewoman from lows: the 75th anniversary of the dedication the Virgin Islands (Mrs. CHRISTENSEN) H. RES. 1636 of Hoover Dam, and recognizes the and the gentleman from Washington Whereas the Hoover Dam, a concrete arch- past, the present, and the future bene- (Mr. HASTINGS) each will control 20 gravity storage dam, was built in the Black minutes. Canyon of the Colorado River between the fits of its construction to the agricul- The Chair recognizes the gentle- States of Nevada and Arizona, forever chang- tural, to the industrial, and to the ing how water is managed across the West; woman from the Virgin Islands. urban development of the southwestern Whereas, on September 30, 1935, President United States. GENERAL LEAVE Franklin D. Roosevelt dedicated the Hoover During its 75-year history, Hoover Mrs. CHRISTENSEN. Mr. Speaker, I Dam; Dam has played a pivotal role in shap- ask unanimous consent that all Mem- Whereas the construction of the dam cre- bers may have 5 legislative days in ated Lake Mead, a reservoir that can store ing what the Southwest is today, from which to revise and extend their re- two years average flow of the Colorado River a region with an inconsistent supply of marks and include extraneous material providing vitally critical flood control, water, to now providing water for more on the resolution under consideration. water supply, and electrical power to help than 18 million people, including irri- The SPEAKER pro tempore. Is there create and support the economic growth and gation water for over 1 million acres of development of the Southwestern United objection to the request of the gentle- farm land in the States of Arizona, States; California, Nevada and 500,000 acres in woman from the Virgin Islands? Whereas the Hoover Dam has prevented an There was no objection. estimated $50,000,000,000 in flood damages in Mexico. That beautiful natural re- Mrs. CHRISTENSEN. Mr. Speaker, the Lower Colorado River Basin, provides source that sparkles adds life and econ- House Resolution 1378 was introduced water for more than 18,000,000 people, for omy to our west. in May by Representative LEWIS of 1,000,000 acres of farmland in Arizona, Cali- While this facility was completed California. The resolution condemns fornia, and Nevada, and for 500,000 acres in three-quarters of a century ago, it con- the theft of a cross from the Sunrise Mexico, and produces on average 4,000,000,000 tinues for today and tomorrow to pro- Rock in the Mojave National Preserve. kilowatt-hours of hydroelectric power each vide water and power certainty for mil- This cross was first placed on Federal year; lions of people. We currently have leg- Whereas the Hoover Dam, an engineering islation pending in the Senate, Senate land in 1934 as a memorial to American marvel at 726.4 feet from bedrock to crest, soldiers who died in the First World was the highest dam in the world at con- bill 2819, and H.R. 4349, the Hoover War. Legal proceedings regarding construction; Power Allocation Act of 2010. This leg- stitutional issues raised by the cross Whereas the Hoover Dam is an enduring islation would allocate hydropower are ongoing. symbol of the country’s ingenuity and per- generated at Hoover Dam, estimated at

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.022 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7008 CONGRESSIONAL RECORD — HOUSE September 28, 2010 4 billion kilowatt hours of hydro- On page 2, line 12 before the period insert: ship, and I urge my colleagues to sup- electric power each year, for the next ‘‘as amended, assigned, and assumed’’. port its adoption. 50 years. I would want to reiterate our On page 2, line 21 after ‘‘lease’’ insert: I reserve the balance of my time. ‘‘with the owner of the retained use estate’’. support for the enactment of this im- On page 3, line 19, strike ‘‘with’’ and insert: Mr. HASTINGS of Washington. Mr. portant legislation. ‘‘without’’. Speaker, H.R. 714 has been adequately Mr. Speaker, I ask my colleagues to On page 4, line 5, strike ‘‘and’’ and insert: explained by the gentlelady from the support the passage of this bipartisan ‘‘(E) include provisions to ensure the pro- Virgin Islands, and we have no objec- resolution. Hoover Dam is truly a mar- tection of the natural, cultural, and historic tions at all to this legislation. vel of engineering, of technology and features of the resort and associated prop- I yield back the balance of my time. human endeavor. And tomorrow this erty, consistent with the laws and policies Mrs. CHRISTENSEN. Mr. Speaker, I applicable to property managed by the Na- yield back the balance of my time. reenactment of its 75-year dedication tional Park Service; and’’. will take place in Las Vegas. On page 4, line 6, strike ‘‘(E)’’ and insert: The SPEAKER pro tempore. The Mr. Speaker, I reserve the balance of ‘‘(F)’’. question is on the motion offered by my time. On page 5, line 3, strike ‘‘effective date’’ the gentlewoman from the Virgin Is- and insert: ‘‘award’’. lands (Mrs. CHRISTENSEN) that the b 1250 On page 5, line 24, strike ‘‘that’’ and insert: House suspend the rules and concur in Mr. HASTINGS of Washington. I ‘‘who’’. the Senate amendments to the bill, yield myself such time as I may con- The SPEAKER pro tempore. Pursu- H.R. 714. sume. ant to the rule, the gentlewoman from The question was taken; and (two- Mr. Speaker, generations ago water the Virgin Islands (Mrs. CHRISTENSEN) thirds being in the affirmative) the and power visionaries came up with the and the gentleman from Washington rules were suspended and the Senate idea of making the West bloom by har- (Mr. HASTINGS) each will control 20 amendments were concurred in. nessing our rivers. The Hoover Dam is minutes. A motion to reconsider was laid on a legendary example of that vision. The Chair recognizes the gentle- the table. When completed in 1935, it was the woman from the Virgin Islands. f tallest dam and the largest hydro- GENERAL LEAVE HOUSING, EMPLOYMENT, AND LIV- electric generator in the world. It lit- Mrs. CHRISTENSEN. I ask unani- ING PROGRAMS FOR VETERANS erally helped create cities in the arid mous consent that all Members may ACT OF 2010 West and to this day, as my friend from have 5 legislative days within which to California pointed out, still provides revise and extend their remarks and in- Mr. FILNER. Mr. Speaker, I move to numerous benefits: emissions-free hy- clude extraneous material on the bill suspend the rules and pass the bill dropower, drinking and irrigation under consideration. (H.R. 5360) to amend title 38, United water, and recreation and flood con- The SPEAKER pro tempore. Is there States Code, to modify the standard of trol. objection to the request of the gentle- visual acuity required for eligibility This bipartisan resolution is a fitting woman from the Virgin Islands? for specially adapted housing assist- honor to the Hoover Dam and to those There was no objection. ance provided by the Secretary of Vet- who had the foresight to create one of Mrs. CHRISTENSEN. Mr. Speaker, I erans Affairs, as amended. the world’s best-known engineering yield myself such time as I may con- The Clerk read the title of the bill. marvels. sume. The text of the bill is as follows: Mr. Speaker, I yield back the balance Mr. Speaker, I rise in strong support H.R. 5360 of my time. of H.R. 417, legislation that I intro- Be it enacted by the Senate and House of Rep- Mrs. NAPOLITANO. Mr. Speaker, duced to authorize the Secretary of the resentatives of the United States of America in very, very swiftly and quickly, before I Interior to enter into a lease with the Congress assembled, yield back the balance of my time, I owners of Caneel Bay Resort in my SECTION 1. SHORT TITLE; TABLE OF CONTENTS. thank my staff and the minority staff congressional district. (a) SHORT TITLE.—This Act may be cited as on this beautiful resolution that is I have a longer statement which I the ‘‘Housing, Employment, and Living Pro- going to commemorate some magnifi- will submit for the RECORD, but I want grams for Veterans Act of 2010’’ or the cent achievements by the United to begin by thanking Natural Re- ‘‘HELP Veterans Act of 2010’’. (b) TABLE OF CONTENTS.—The table of con- States to really promote what we now sources Committee Chairman NICK RA- tents for this Act is as follows: know as the Southwest. HALL and Subcommittee Chairman ´ Sec. 1. Short title; table of contents. I yield back the balance of my time. RAUL GRIJALVA for their strong and Sec. 2. References to title 38, United States The SPEAKER pro tempore. The steadfast support of this bill. I also Code. question is on the motion offered by want to thank Ranking Member Sec. 3. Modification of standard of visual the gentlewoman from California (Mrs. HASTINGS and Subcommittee Ranking acuity required for eligibility NAPOLITANO) that the House suspend Member BISHOP for their support as for specially adapted housing the rules and agree to the resolution, well. assistance provided by the Sec- H. Res. 1636. Mr. Speaker, H.R. 714 passed the retary of Veterans Affairs. The question was taken; and (two- House in February of 2009 and was ap- Sec. 4. Authorities regarding housing loans guaranteed by the Department thirds being in the affirmative) the proved by the other body, with an of Veterans Affairs. rules were suspended and the resolu- amendment, on May 14 of this year. We Sec. 5. Reauthorization and improvement of tion was agreed to. have been working to secure the enact- Department of Veterans Affairs A motion to reconsider was laid on ment of this or a similar bill for more small business loan program. the table. than 4 years, which will mean that the Sec. 6. Assistance for flight training. Sec. 7. Seven-year increase in amount of as- f largest employer on the island of St. John in my district will be able to sistance for individuals pur- VIRGIN ISLANDS NATIONAL PARK make badly needed upgrades to its fa- suing apprenticeships or on-job LAND LEASE training. cilities and keep operating and save Sec. 8. Extension of authority for certain Mrs. CHRISTENSEN. Mr. Speaker, I jobs of over 400 employees during these qualifying work-study activi- move to suspend the rules and concur challenging economic times. ties for purposes of the edu- in the Senate amendments to the bill In conclusion, Mr. Speaker, I want to cational assistance programs of (H.R. 714) to authorize the Secretary of thank the Natural Resources Com- the Department of Veterans Af- the Interior to lease certain lands in mittee Chief of Staff Jim Zoia, Chief fairs. Virgin Islands National Park, and for Counsel Rick Healy, and National Sec. 9. Expansion of work-study allowance other purposes. Parks, Forest and Public Land Sub- to include certain outreach The Clerk read the title of the bill. services conducted through committee Staff Director David Wat- congressional offices. The text of the Senate amendments kins for all their hard work and assist- Sec. 10. Temporary reduction of required is as follows: ance on this bill. H.R. 714 is an example amount of wages for on-the-job Senate amendments: of an effective public-private partner- training programs.

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0655 E:\CR\FM\K28SE7.025 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7009 Sec. 11. Reauthorization of Veterans’ Advi- or allow for subordination to a superior lien (2) in section 3743— sory Committee on Education. that— (A) by striking ‘‘that is provided a direct Sec. 12. Homeless women veterans and ‘‘(i) is created by a duly recorded covenant loan under this subchapter, or’’; homeless veterans with chil- running with the realty in favor of— (B) by striking the comma between ‘‘sub- dren reintegration grant pro- ‘‘(I) a public entity that provides assist- chapter’’ and ‘‘shall’’; gram. ance in response to a major disaster as deter- (C) by striking ‘‘direct or’’; and Sec. 13. Technology review and grant pro- mined by the President under the Robert T. (D) by striking ‘‘for the amount of such di- gram. Stafford Disaster Relief and Emergency As- rect loan or, in the case of a guaranteed Sec. 14. Child care; President’s Budget. sistance Act (42 U.S.C. 5121 et seq.); or loan,’’; Sec. 15. Increase in amount of reporting fee ‘‘(II) a private entity to secure an obliga- (3) in section 3745— payable to educational institution to such entity for the homeowner’s (A) by striking ‘‘(a)’’; and tions that enroll veterans re- share of the costs of the management, oper- (B) by striking subsection (b); ceiving educational assistance. ation, or maintenance of property, services, (4) in section 3746, by striking ‘‘made or’’ Sec. 16. Modification of advance payment of or programs within and for the benefit of the both places it appears; and initial educational assistance development or community in which the vet- (5) in section 3750, by striking ‘‘made or’’. or subsistence allowance. eran’s realty is located; and (d) AUTHORITY TO ENTER INTO A CON- Sec. 17. Increase in amount of subsistence ‘‘(ii) the Secretary determines will not TRACT.—Section 3742, as amended by sub- allowance payable to veterans prejudice the interests of the veteran bor- section (c), is further amended by adding at participating in vocational re- rower and of the Government by the oper- the end the following new subsection: habilitation program. ation of such a covenant. ‘‘(f) The Secretary shall enter into a con- Sec. 18. Expansion of availability of employ- ‘‘(B) In respect to a superior lien described tract with an appropriate entity for the pur- ment assistance allowance for by subparagraph (A) that is created after pose of carrying out the program under this veterans using employment June 6, 1969, the Secretary’s determination subchapter.’’. services. must have been made prior to the recorda- (e) FUNDING.—Section 3742(b), as amended Sec. 19. Promoting jobs for veterans teach- tion of the covenant.’’. by subsection (c), is further amended by adding in rural areas. (b) EXTENSION OF AUTHORITY TO POOL ing at the end the following new paragraph: Sec. 20. Promoting jobs for veterans through LOANS.—Paragraph (2) of section 3720(h) is ‘‘(4) The Secretary may only guarantee a the establishment of an intern- amended by striking ‘‘2011’’ and inserting loan under this subchapter to the extent that ship program. ‘‘2016’’. a limitation commitment to guarantee loans Sec. 21. Veterans entrepreneurial develop- SEC. 5. REAUTHORIZATION AND IMPROVEMENT for a fiscal year has been provided in advance ment summit. OF DEPARTMENT OF VETERANS AF- in an appropriations Act.’’. FAIRS SMALL BUSINESS LOAN PRO- (f) AUTHORIZATION OF APPROPRIATIONS.— Sec. 22. Increase in the maximum amount of GRAM. specially adapted housing as- (1) IN GENERAL.—Section 3749 is amended to (a) REAUTHORIZATION.— read as follows: sistance authorized to be pro- (1) IN GENERAL.—Chapter 37 is amended by vided by the Secretary of Vet- striking section 3751. ‘‘§ 3749. Authorization of appropriations erans Affairs. (2) CLERICAL AMENDMENT.—The table of ‘‘There are authorized to be appropriated Sec. 23. Department of Veterans Affairs sections at the beginning of such chapter is to carry out this subchapter such sums as housing loans for construction amended by striking the item relating to may be necessary.’’. of energy efficient dwellings. section 3751. (2) CLERICAL AMENDMENT.—The table of Sec. 24. Pilot program on specially adapted (b) EXPANSION OF ELIGIBILITY FOR SMALL sections at the beginning of chapter 37 is housing assistance for veterans BUSINESS LOANS.—Chapter 37 is further amended by striking the item relating to residing temporarily in housing amended— section 3749 and inserting the following new owned by a family member. (1) in section 3741, by striking paragraph item: Sec. 25. Compliance with Statutory Pay-As- (2); and ‘‘3749. Authorization of appropriations.’’. You-Go Act of 2010. (2) in section 3742(a)(3)(A), by striking (g) LOAN FEE.— SEC. 2. REFERENCES TO TITLE 38, UNITED ‘‘veterans of the Vietnam era or’’. (1) IN GENERAL.—Chapter 37 is further STATES CODE. (c) REPEAL OF AUTHORITY TO MAKE DIRECT amended by inserting after section 3749 the Except as otherwise expressly provided, LOANS.—Chapter 37, as amended by sub- following new section: whenever in this Act an amendment or re- sections (a) and (b), is further amended— ‘‘§ 3749A. Loan Fee peal is expressed in terms of an amendment (1) in section 3742— to, or a repeal of, a section or other provi- (A) in subsection (a)— ‘‘(a) REQUIREMENT OF FEE.—(1) The Sec- sion, the reference shall be considered to be (i) in paragraph (2), by striking ‘‘(A) loan retary shall collect a fee from each veterans’ made to a section or other provision of title guaranties, or (B) direct loans’’ and inserting small business concern obtaining a loan 38, United States Code. ‘‘loan guaranties’’; and guaranteed under this subchapter. ‘‘(2) No loan may be guaranteed under this SEC. 3. MODIFICATION OF STANDARD OF VISUAL (ii) in paragraph (3)(A), by striking ‘‘and ACUITY REQUIRED FOR ELIGIBILITY that at least 51 percent of a business concern subchapter until the fee payable under this FOR SPECIALLY ADAPTED HOUSING must be owned by disabled veterans in order section has been remitted to the Secretary. ASSISTANCE PROVIDED BY THE SEC- for such concern to qualify for a direct ‘‘(3) The fee may be included in the loan RETARY OF VETERANS AFFAIRS. loan’’; guaranteed under this subchapter and paid (a) IN GENERAL.—Section 2101(b)(2)(A) is (B) in subsection (b)— from the proceeds thereof. amended by striking ‘‘with 5/200’’ and all (i) by striking paragraph (1) and redesig- ‘‘(b) DETERMINATION OF FEE.—The amount that follows through the period and inserting nating paragraphs (2) through (4) as para- of the fee shall be the full cost of the loan the following: ‘‘with central visual acuity of graphs (1) through (3), respectively; and guarantee plus an additional amount deter- 20/200 or less in the better eye with the use of (ii) in paragraph (2), as so redesignated, by mined by the Secretary as sufficient to cover standard correcting lenses (for purposes of striking ‘‘make or’’; applicable administrative expenses.’’. this subparagraph, an eye which is accom- (C) in subsection (c), by striking ‘‘made (2) CLERICAL AMENDMENT.—The table of panied by a limitation in the fields of vision or’’; sections at the beginning of such chapter is such that the widest diameter of the visual (D) in subsection (d)— amended by inserting after the item relating field subtends an angle no greater than 20 de- (i) by striking paragraph (2); to section 3749 the following new item: grees shall be treated as having a central vis- (ii) by striking ‘‘(1) Except as provided in ‘‘3749A. Loan fee.’’. ual acuity of 20/200 or less).’’. paragraph (2) of this subsection, the’’ and in- (h) DEFINITIONS.—Section 3741 is amended (b) EFFECTIVE DATE.—The amendment serting ‘‘The’’; and by adding at the end the following new para- made by subsection (a) shall apply with re- (iii) by striking ‘‘make or’’; and graphs: spect to specially adapted housing assistance (E) in subsection (e)— ‘‘(2) The term ‘cost ’ has the meaning given provided on or after the date of the enact- (i) in paragraph (1)— the term ‘cost of a loan guarantee’ within ment of this Act. (I) in the first sentence, by striking ‘‘or, if the meaning of section 502(5)(C) of the Fed- SEC. 4. AUTHORITIES REGARDING HOUSING the loan was a direct loan made by the Sec- eral Credit Reform Act of 1990 (2 U.S.C. LOANS GUARANTEED BY THE DE- retary, may suspend such obligation’’; and 661a(5)(C)). PARTMENT OF VETERANS AFFAIRS. (II) in the second sentence, by striking ‘‘or ‘‘(3) The term ‘guarantee’— (a) COVENANTS AND LIENS IN RESPONSE TO while such obligation is suspended’’; ‘‘(A) has the meaning given the term ‘loan DISASTER-RELIEF ASSISTANCE.—Paragraph (3) (ii) by striking ‘‘or suspend’’ each place it guarantee’ in section 502 of the Federal Cred- of section 3703(d) is amended to read as fol- appears; it Reform Act of 1990 (2 U.S.C. 661a); and lows: (iii) by striking ‘‘or suspension’’ each place ‘‘(B) includes a loan guarantee commit- ‘‘(3)(A) Any real estate housing loan (other it appears ment (as defined in section 502 of the Federal than for repairs, alterations, or improve- (iv) by striking ‘‘or suspends’’ each place it Credit Reform Act of 1990 (2 U.S.C. 661a)). ments) shall be secured by a first lien on the appears; and ‘‘(4) The term ‘obligation’ means the loan realty. In determining whether a loan is so (v) in paragraph (4), by striking ‘‘or sus- or other debt obligation that is guaranteed secured, the Secretary may either disregard pended’’ each place it appears; under this subchapter.’’.

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.015 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7010 CONGRESSIONAL RECORD — HOUSE September 28, 2010 SEC. 6. ASSISTANCE FOR FLIGHT TRAINING. enrolls in a program of training on the job ‘‘2021A. Homeless women veterans and home- Subsection (e)(1) of section 3032 is amended approved under section 3677 of title 38, less veterans with children re- by striking ‘‘60 percent’’ and inserting ‘‘75 United States Code, on or after October 1, integration grant program.’’. percent’’. 2013. SEC. 13. TECHNOLOGY REVIEW AND GRANT PRO- SEC. 7. SEVEN-YEAR INCREASE IN AMOUNT OF (c) GAO REPORT.—Not later than October GRAM. ASSISTANCE FOR INDIVIDUALS PUR- 1, 2013, the Comptroller General shall submit (a) REVIEW AND EVALUATION OF NEW TECH- SUING APPRENTICESHIPS OR ON- to the Committee on Veterans’ Affairs of the NOLOGY.—The Secretary of Veterans Affairs JOB TRAINING. House of Representatives and the Committee shall establish a team of individuals from ap- During the seven-year period beginning on on Veterans’ Affairs of the Senate a report propriate disciplines to be responsible for re- the date of the enactment of this Act, the on the effects of eliminating the requirement viewing new technologies, processes, and Secretary of Veterans Affairs shall apply— under section 3677(b)(1)(A)(ii) of title 38, products and for determining which such (1) section 3032(c)(1) of title 38, United United States Code, for a private employer technologies, processes, and products may be States Code— to provide wage increases to veterans en- beneficial to the Department of Veterans Af- (A) in subparagraph (A), by substituting rolled in a program of training on the job ap- fairs or to the veterans served by the Depart- ‘‘80 percent’’ for ‘‘75 percent’’; proved under section 3677 of such title. ment. Upon completion of the review under (B) in subparagraph (B), by substituting SEC. 11. REAUTHORIZATION OF VETERANS’ ADVI- this subsection, the team shall submit the ‘‘60 percent’’ for ‘‘55 percent’’; and SORY COMMITTEE ON EDUCATION. review to the Secretary, who shall dissemi- (C) in subparagraph (C), by substituting Section 3692(c) is amended by striking ‘‘De- nate the review within the Department, as ‘‘40 percent’’ for ‘‘35 percent’’; cember 31, 2009’’ and inserting ‘‘December 31, appropriate. (2) section 3233(a) of such title— 2020’’. (b) SPECIALLY ADAPTED HOUSING ASSISTIVE (A) in paragraph (1), by substituting ‘‘80 SEC. 12. HOMELESS WOMEN VETERANS AND TECHNOLOGY GRANT PROGRAM.— percent’’ for ‘‘75 percent’’; HOMELESS VETERANS WITH CHIL- (1) IN GENERAL.—Chapter 21 is amended by (B) in paragraph (2), by substituting ‘‘60 DREN REINTEGRATION GRANT PRO- adding at the end the following new section: percent’’ for ‘‘55 percent’’; and GRAM. ‘‘§ 2108. Specially adapted housing assistive (C) in paragraph (3), by substituting ‘‘40 (a) GRANT PROGRAM.—Chapter 20 is amend- technology grant program percent’’ for ‘‘35 percent’’; ed by inserting after section 2021 the fol- ‘‘(a) AUTHORITY TO MAKE GRANTS.—The (3) section 3687(b)(2) of such title— lowing new section: (A) by substituting ‘‘$603’’ for ‘‘$574’’; Secretary shall make grants to encourage ‘‘§ 2021A. Homeless women veterans and the development of new assistive tech- (B) by substituting ‘‘$450’’ for ‘‘$429’’; and homeless veterans with children reintegra- (C) by substituting ‘‘$299’’ for ‘‘$285’’; and nologies for specially adapted housing. tion grant program ‘‘(b) APPLICATION.—A person or entity (4) section 16131(d)(1) of title 10, United ‘‘(a) GRANTS.—Subject to the availability seeking a grant under this section shall sub- States Code— of appropriations provided for such purpose, mit to the Secretary an application for the (A) in subparagraph (A), by substituting the Secretary of Labor shall make grants to grant in such form and manner as the Sec- ‘‘80 percent’’ for ‘‘75 percent’’; programs and facilities that the Secretary retary shall specify. (B) in subparagraph (B), by substituting determines provide dedicated services for ‘‘(c) GRANT FUNDS.—Each grant awarded ‘‘60 percent’’ for ‘‘55 percent’’; and homeless women veterans and homeless vet- under this section shall be in an amount of (C) in subparagraph (C), by substituting erans with children. not more than $250,000 per year. ‘‘40 percent’’ for ‘‘35 percent’’. ‘‘(b) USE OF FUNDS.—Grants under this sec- ‘‘(d) USE OF FUNDS.—The recipient of a SEC. 8. EXTENSION OF AUTHORITY FOR CERTAIN tion shall be used to provide job training, grant under this section shall use the grant QUALIFYING WORK-STUDY ACTIVI- counseling, placement services (including job to develop assistive technologies for use in TIES FOR PURPOSES OF THE EDU- CATIONAL ASSISTANCE PROGRAMS readiness and literacy and skills training) specially adapted housing. OF THE DEPARTMENT OF VETERANS and child care services to expedite the re- ‘‘(e) REPORT.—Not later than March 1 of AFFAIRS. integration of homeless women veterans and each year following a year in which the Sec- Paragraph (4) of section 3485(a) is amended homeless veterans with children into the retary makes a grant, the Secretary shall by striking ‘‘June 30, 2010’’ each place it ap- labor force. submit to Congress a report containing in- pears and inserting ‘‘June 30, 2020’’. ‘‘(c) REQUIREMENT TO MONITOR EXPENDI- formation related to each grant awarded SEC. 9. EXPANSION OF WORK-STUDY ALLOWANCE TURES OF FUNDS.—(1) The Secretary of Labor under this section during the preceding cal- TO INCLUDE CERTAIN OUTREACH shall collect such information as that Sec- endar year, including— SERVICES CONDUCTED THROUGH retary considers appropriate to monitor and ‘‘(1) the name of the grant recipient; CONGRESSIONAL OFFICES. evaluate the distribution and expenditure of ‘‘(2) the amount of the grant; and Section 3485(a)(4) is amended by adding at funds appropriated to carry out this section. ‘‘(3) the goal of the grant. the end the following new subparagraph: The information shall include data with re- ‘‘(f) FUNDING.—From amounts authorized ‘‘(G) The following activities carried out at spect to the results or outcomes of the serv- to be appropriated to the Department for the offices of Members of Congress for such ices provided to each homeless veteran under each fiscal year for which the Secretary is Members: this section. authorized to make a grant under this sec- ‘‘(i) The distribution of information to ‘‘(2) Information under paragraph (1) shall tion, $1,500,000 shall be available for that fis- members of the Armed Forces, veterans, and be furnished in such form and manner as the cal year for the purposes of the program their dependents about the benefits and serv- Secretary of Labor may specify. under this section. ices under laws administered by the Sec- ‘‘(d) ADMINISTRATION THROUGH THE ASSIST- ‘‘(g) TERMINATION.—The authority to make retary and other appropriate governmental ANT SECRETARY OF LABOR FOR VETERANS’ EM- a grant under this section shall terminate on and non-governmental programs. PLOYMENT AND TRAINING.—The Secretary of the date that is five years after the date of ‘‘(ii) The provision of assistance in Labor shall carry out this section through the enactment of this section.’’. ascertaining the status of claims (including the Assistant Secretary of Labor for Vet- (2) CLERICAL AMENDMENT.—The table of appeals) for benefits under laws administered erans’ Employment and Training. sections at the beginning of such chapter is by the Secretary, as well as other con- ‘‘(e) BIENNIAL REPORT TO CONGRESS.—The amended by adding at the end the following stituent services for veterans as the Sec- Secretary of Labor shall include as part of new item: retary determines appropriate.’’. the report required under section 2021(d) of ‘‘2108. Specially adapted housing assistive SEC. 10. TEMPORARY REDUCTION OF REQUIRED this title an evaluation of the grant program technology grant program.’’. AMOUNT OF WAGES FOR ON-THE- under this section, which shall include an (3) EFFECTIVE DATE.—The Secretary of Vet- JOB TRAINING PROGRAMS. evaluation of services furnished to veterans erans Affairs shall begin making grants (a) IN GENERAL.— under this section and an analysis of the in- under section 2108 of title 38, United States (1) REDUCING REQUIREMENT.—Section formation collected under subsection (c). Code, as added by paragraph (1), by not later 3677(b)(1)(A)(ii) is amended by striking ‘‘85 ‘‘(f) APPROPRIATED FUNDS.—(1) In addition than one year after the date of the enact- per centum’’ and inserting ‘‘60 percent’’. to any amount authorized to be appropriated ment of this Act. (2) EFFECTIVE DATE.—The amendment to carry out section 2021 of this title, there made by paragraph (1) shall take effect on is authorized to be appropriated to carry out SEC. 14. CHILD CARE; PRESIDENT’S BUDGET. (a) IN GENERAL.—Chapter 31 is amended by October 1, 2010, and shall apply to a veteran this section $10,000,000 for each of fiscal years adding at the end the following new sections: who enrolls in a program of training on the 2011 through 2016. job approved under section 3677 of title 38, ‘‘(2) Funds appropriated to carry out this ‘‘§ 3123. Child care assistance for single par- United States Code, on or after such date. section shall remain available until ex- ents (b) SUNSET.— pended. Funds obligated in any fiscal year to ‘‘(a) IN GENERAL.—Pursuant to regulations (1) REVERSION.—Effective October 1, 2013, carry out this section may be expended in prescribed by the Secretary to carry out this section 3677(b)(1)(A)(ii) of such title, as that fiscal year and the succeeding fiscal section, the Secretary shall provide reim- amended by subsection (a) of this section, is year.’’. bursements for the actual cost of child care amended by striking ‘‘60 percent’’ and insert- (b) CLERICAL AMENDMENT.—The table of provided by a licensed provider to a veteran ing ‘‘85 percent’’. sections at the beginning of such chapter is who— (2) APPLICATION.—The amendment made by amended by inserting after the item relating ‘‘(1) is participating in a vocational reha- paragraph (1) shall apply to a veteran who to section 2021 the following new item: bilitation program under this chapter;

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‘‘(2) is the sole caretaker of a child; and (b) CLERICAL AMENDMENT.—The table of SEC. 16. MODIFICATION OF ADVANCE PAYMENT ‘‘(3) would not otherwise be able to afford sections at the beginning of such chapter is OF INITIAL EDUCATIONAL ASSIST- such child care. ANCE OR SUBSISTENCE ALLOW- amended by adding at the end the following: ANCE. ‘‘(b) AMOUNT AND DURATION.—The amount of the reimbursement for the actual cost for ‘‘3123. Child care assistance for single par- (a) MODIFICATION.—Section 3680(d)(2) is child care under this section shall be not ents. amended by inserting after the third sen- more than $2,000 per month for each month tence the following new sentence: ‘‘For pur- ‘‘3124. Information included in support of poses of the entitlement to educational as- the veteran is participating in a vocational President’s budget.’’. rehabilitation program under this chapter. sistance of the veteran or person receiving SEC. 15. INCREASE IN AMOUNT OF REPORTING an advance payment under this subsection, ‘‘§ 3124. Information included in support of FEE PAYABLE TO EDUCATIONAL IN- the advance payment shall be charged President’s budget STITUTIONS THAT ENROLL VET- against the final month of the entitlement of ‘‘The Secretary shall include in documents ERANS RECEIVING EDUCATIONAL the person or veteran and, if necessary, the submitted to Congress by the Secretary in ASSISTANCE. penultimate such month. In no event may support of the President’s budget for each any veteran or person receive more than one (a) INCREASE IN AMOUNT OF FEE.—Sub- fiscal year submitted under section 1105 of advance payment under this subsection dur- section (c) of section 3684 is amended— title 31, United States Code, the following: ing any academic year.’’. (1) by striking ‘‘$7’’ and inserting ‘‘$16’’; ‘‘(1) For the calendar year preceding the (b) EFFECTIVE DATE.—The amendment submission— and made by subsection (a) shall apply with re- ‘‘(A) the percentage of veterans receiving (2) by striking ‘‘$11’’ and inserting ‘‘$16’’. spect to an advance payment of educational assistance under this chapter who became (b) TECHNICAL CORRECTION.—Subsection (a) assistance made on or after January 1, 2011. employed; and of such section is amended by striking the SEC. 17. INCREASE IN AMOUNT OF SUBSISTENCE ‘‘(B) the percentage of veterans receiving second comma after ‘‘34’’. ALLOWANCE PAYABLE TO VET- assistance under this chapter who achieved ERANS PARTICIPATING IN VOCA- independence in daily living. (c) EFFECTIVE DATE.—The amendments TIONAL REHABILITATION PROGRAM. ‘‘(2) Any changes made by the Secretary in made by subsections (a) and (b) shall take ef- (a) INCREASE IN SUBSISTENCE ALLOWANCE.— measuring or calculating the performance of fect on January 1, 2011. Section 3108(b)(1) is amended by striking the the department under this chapter.’’. table and inserting the following new table:

‘‘Column Column Column Column I II III IV Column V No One Two Type of depend- depend- depend- More than program ents ent ents two dependents

...... The amount in column IV, plus the following for each dependent in excess of two: Full-time ...... $585.87 $726.72 $856.39 $62.42 Three-quarter time ...... $440.21 $545.83 $640.27 $48.00 Half-time ...... $294.55 $364.94 $428.98 $32.03’’.

(b) EFFECTIVE DATE.—The amendment ‘‘(2) has not been employed as a teacher who has completed a program of long-term made by subsection (a) shall apply with re- prior to receiving assistance under this sec- education or training, as determined by the spect to a payment made for the third month tion; Secretary. beginning after the date of the enactment of ‘‘(3) is employed to teach full-time at an ‘‘(c) SALARY; BENEFITS.—(1) Each recipient this Act and each subsequent month. accredited elementary or secondary school of an internship under this section shall be SEC. 18. EXPANSION OF AVAILABILITY OF EM- that is located in a rural area (as determined paid at a rate determined by the Secretary, PLOYMENT ASSISTANCE ALLOW- by the Bureau of the Census); and except that such rate shall be at least the ANCE FOR VETERANS USING EM- ‘‘(4) on the date on which the veteran ap- maximum annual rate of basic pay payable PLOYMENT SERVICES. plies for a monthly assistance allowance for grade GS–3 of the General Schedule under Paragraph (2) of section 3108(a) is amended under subsection (a), is enrolled in a State- section 5332 of title 5, United States Code, to read as follows: approved course leading to certification as a and shall not exceed the maximum annual ‘‘(2) In the case of a veteran with a service- teacher. rate of basic pay payable for grade GS–5 of connected disability who the Secretary de- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— such schedule. Payments under this para- termines has reached a point of employ- There is authorized to be appropriated to graph shall be derived from amounts availability and who is participating only in a carry out this section $15,000,000 for fiscal able in the ‘General operating expenses’ ac- program of employment services provided year 2012 and each fiscal year thereafter.’’. count of the Department. under section 3104(a)(5) of this title, the Sec- (b) CLERICAL AMENDMENTS.—The tables of ‘‘(2) Each such recipient shall be entitled retary shall pay the veteran a subsistence al- chapters at the beginning of title 38, United to leave on the same basis as employees of lowance as prescribed in this section for States Code, and of part III, are each amend- the Department who are paid at the same an- three months while the veteran is satisfac- ed by inserting after the item relating to nual rate, except that such recipient may torily pursuing such program.’’. chapter 43 the following new item: SEC. 19. PROMOTING JOBS FOR VETERANS not be reimbursed for any unused leave at ‘‘44. Assistance allowance for rural the end of the internship. TEACHING IN RURAL AREAS. veteran teachers ...... 4401’’. (a) IN GENERAL.—Part III is amended by ‘‘(3) The Secretary shall furnish hospital SEC. 20. PROMOTING JOBS FOR VETERANS care, medical services, and nursing home adding at the end the following new chapter: THROUGH THE ESTABLISHMENT OF ‘‘CHAPTER 44—VETERAN TEACHERS AN INTERNSHIP PROGRAM. care to each recipient of an internship under this section on the same basis as a veteran ‘‘Sec. (a) IN GENERAL.—Chapter 7 is amended by described in subsection (B) of paragraph (2) ‘‘4401. Assistance allowance for rural veteran adding at the end the following new section: of subsection (a) of section 1710 of this title teachers. ‘‘§ 712. Internship program unless the recipient is eligible for such care ‘‘§ 4401. Assistance allowance for rural vet- ‘‘(a) INTERNSHIP PROGRAM.—From amounts and services under subparagraph (A) of such eran teachers available in the ‘General operating expenses’ paragraph or under paragraph (1) of such ‘‘(a) REDUCING ADMINISTRATIVE BURDEN.— account of the Department, the Secretary subsection. The Secretary may pay to a rural veteran may carry out an internship program ‘‘(4) The recipient of an internship under teacher a monthly assistance allowance of through which the Secretary shall award in- this section may receive an allowance under $500. ternships to up to 2,000 veterans each year in section 3108 of this title if such recipient is ‘‘(b) DURATION.—The aggregate period for accordance with this section. The recipient entitled to such an allowance. which the Secretary may pay a rural veteran of an internship under this section shall be teacher a monthly assistance allowance employed in the Veterans Benefits Adminis- ‘‘(d) DURATION.—No internship under this under subsection (a) may not exceed 24 tration for the duration of the internship. section shall exceed 12 months in duration. months. ‘‘(b) ELIGIBILITY.—To be eligible to receive ‘‘(e) OUTREACH.—The Secretary shall notify ‘‘(c) RURAL VETERAN TEACHER DEFINED.—In an internship under this section a veteran each participant in a rehabilitation program this section, the term ‘rural veteran teacher’ shall have completed a rehabilitation pro- under chapter 31 of this title of the intern- means a veteran who— gram under chapter 31 of this title. In award- ship program under this section.’’. ‘‘(1) is discharged from service in the ing internships under this section, the Sec- (b) CLERICAL AMENDMENT.—The table of Armed Forces under honorable conditions; retary shall give a preference to a veteran sections at the beginning of such chapter is

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.015 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7012 CONGRESSIONAL RECORD — HOUSE September 28, 2010 amended by inserting after the item relating ‘‘(B) $6,000, or a higher amount specifically SANDLIN for introducing H.R. 5360, also to section 711 the following new item: provided by the Secretary.’’. known as the HELP Veterans Act of ‘‘712. Internship program.’’. (b) GUIDANCE.—Not later than 180 days 2010. For the last 4 years, as the chair after the date of the enactment of this Act, SEC. 21. VETERANS ENTREPRENEURIAL DEVEL- of the Economic Opportunities Sub- the Secretary shall issue guidance on ap- OPMENT SUMMIT. committee, the Congresswoman has (a) IN GENERAL.—Subchapter II of chapter praising the value of energy efficiency improvements for purposes of section 3710(d) of held hearings to investigate the needs 81 is amended by adding at the end the fol- raised by veterans, worked directly lowing new section: title 38, United States Code, as amended by this Act. with veterans service groups to craft ‘‘§ 8129. Veterans entrepreneurial develop- (c) REGULATIONS.— solutions and advance important policy ment summit (1) INTERIM POLICY GUIDANCE.—Not later to respond. ‘‘(a) VETERANS ENTREPRENEURIAL DEVELOP- than 90 days after the date of the enactment This is a comprehensive bill that ad- MENT SUMMIT.—The Secretary may hold an of this Act, the Secretary of Veterans Affairs event, once every year, to provide net- dresses the critical issues facing vet- shall prescribe interim policy guidance on erans: housing, education, employ- working opportunities, outreach, education, energy efficiency audits and the conditions training, and support to small business con- under which the performance of such audits ment. It is a collaboration amongst a cerns owned and controlled by veterans, vet- may be included in the amount guaranteed number of Members working together erans service organizations, and other enti- by the Secretary under section 3710(d) of to make an impact and strengthen the ties as determined appropriate by the Sec- title 38, United States Code, as amended by economic opportunities for veterans. retary. subsection (a). Mr. Speaker, we know that in today’s ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (2) REGULATIONS.—Not later than one year terrible 10 percent unemployment rate There is authorized to be appropriated to after the date of the enactment of this Act, for the Nation, veterans as a whole are carry out this subsection $1,000,000 for each the Secretary shall prescribe regulations to almost double that, and recently re- of fiscal years 2011 and 2021.’’. carry out the amendments made by sub- (b) CLERICAL AMENDMENT.—The table of turned veterans are almost triple that. section (a). We, as a body and as a Nation, need to sections at the beginning of such chapter is (3) ENERGY EFFICIENCY AUDIT DEFINED.—For amended by adding at the end of the items purposes of this subsection, the term ‘‘en- far more directly confront this issue. relating to subchapter II the following: ergy efficiency audit’’ means a measurement This is not a way to say ‘‘thank you’’ ‘‘8129. Veterans entrepreneurial development of the effects of an improvement made to a to our veterans who have served us, summit.’’. dwelling for the purpose of reducing energy and this is one bill that will help make SEC. 22. INCREASE IN THE MAXIMUM AMOUNT OF consumption or increasing energy efficiency an improvement in all this. SPECIALLY ADAPTED HOUSING AS- that is carried out by a certified professional I reserve the balance of my time. SISTANCE AUTHORIZED TO BE PRO- auditor, as determined by the Secretary. Mr. HASTINGS of Washington. Mr. VIDED BY THE SECRETARY OF VET- (d) EFFECTIVE DATE.—The amendments Speaker, this bill has been adequately ERANS AFFAIRS. made by subsections (a) and (b) shall apply (a) IN GENERAL.—Section 2102 is amended— explained by the gentleman from Cali- with respect to a loan secured on or after fornia, and it does enjoy strong bipar- (1) in subsection (b)(2), by striking January 1, 2011. ‘‘$12,000’’ and inserting ‘‘$13,756’’; and tisan support. SEC. 24. PILOT PROGRAM ON SPECIALLY ADAPT- (2) in subsection (d)— ED HOUSING ASSISTANCE FOR VET- Ms. HERSETH SANDLIN. Mr. Speaker, I (A) in paragraph (1), by striking ‘‘$60,000’’ ERANS RESIDING TEMPORARILY IN urge my colleagues to support H.R. 5360, the and inserting ‘‘$65,780’’; and HOUSING OWNED BY A FAMILY MEM- Housing, Employment and Living Programs (B) in paragraph (2), by striking ‘‘$12,000’’ BER. (HELP) for Veterans Act of 2010, which the and inserting ‘‘$13,756’’. (a) TREATMENT OF CERTAIN LIMITATIONS.— Veterans Affairs Committee approved with bi- (b) EFFECTIVE DATE.—The amendments Notwithstanding subsection (d) of section made by subsection (a) shall apply with re- 2102 of title 38, United States Code, and sub- partisan support on Sept. 15, 2010. spect to assistance furnished after the date ject to subsection (b), a grant under section I would like to thank Veterans Affairs Chair- of the enactment of this Act. 2102A of such title shall not count toward the man FILNER and Ranking Member BUYER for SEC. 23. DEPARTMENT OF VETERANS AFFAIRS dollar amount limitations specified in that their leadership on the committee and their HOUSING LOANS FOR CONSTRUC- subsection. support of this legislation. TION OF ENERGY EFFICIENT DWELL- (b) TERMINATION.—Subsection (a) shall I introduced the original version of H.R. INGS. apply only to the first 25 grants made during 5360 on May 20, 2010, with the support of my (a) LOANS AUTHORIZED.—Section 3710(d) is fiscal year 2011. colleague, Economic Opportunity Sub- amended— SEC. 25. COMPLIANCE WITH STATUTORY PAY-AS- (1) in paragraph (1)— committee Ranking Member BOOZMAN. The YOU-GO ACT OF 2010. bill, as introduced, was titled the ‘‘Blinded Vet- (A) by striking ‘‘The Secretary’’ and in- The budgetary effects of this Act, for the serting ‘‘(A) The Secretary’’; purpose of complying with the Statutory erans Adaptive Housing Improvement Act of (B) by striking ‘‘for the acquisition of’’ and Pay-As-You-Go Act of 2010, shall be deter- 2010.’’ The Blinded Veterans Adaptive Hous- all that follows through the end and insert- mined by reference to the latest statement ing Improvement Act aligns the VA’s definition ing ‘‘for any of the following purposes:’’; titled ‘‘Budgetary Effects of PAYGO Legisla- of blindness with existing federal laws with re- (C) by adding at the end the following new tion’’ for this Act, submitted for printing in gards to eligibility criteria for Specially Adapted clauses: the Congressional Record by the Chairman of Housing Grants. The Economic Opportunity ‘‘(i) The acquisition of an existing dwelling the House Budget Committee, provided that Subcommittee that I chair held a hearing in and the cost of making energy efficiency im- such statement has been submitted prior to provements to the dwelling. November 2009 that identified this excessively the vote on passage. restrictive definition as having prevented some ‘‘(ii) The construction of a new dwelling The SPEAKER pro tempore. Pursu- and the cost of making energy efficiency im- visually impaired veterans from qualifying for provements to the dwelling. ant to rule, the gentleman from Cali- the assistance they need to modify their ‘‘(iii) Energy efficiency improvements to a fornia (Mr. FILNER) and the gentleman homes for their disability. dwelling owned and occupied by a veteran.’’; from Washington (Mr. HASTINGS) each Thanks to a concerted bipartisan effort by and will control 20 minutes. Ranking Member BOOZMAN, the other mem- (D) by adding at the end the following new The Chair recognizes the gentleman bers of the Economic Opportunity Sub- subparagraphs: from California. committee, and other members of the full Vet- ‘‘(B) Except as otherwise provided in this GENERAL LEAVE subsection, a loan may be guaranteed under erans Affairs Committee, H.R. 5360 was im- this subsection only if it meets the require- Mr. FILNER. I ask unanimous con- proved and expanded throughout the legisla- ments of this chapter. sent that all Members may have 5 leg- tive process to provide aid and assistance to ‘‘(C) The Secretary shall determine appro- islative days within which to revise many veterans beyond the visually impaired. priate energy efficiency standards for pur- and extend their remarks and include I’m pleased the committee worked together in poses of this subsection and shall require extraneous material on H.R. 5360. a bipartisan way to craft the final version of that dwellings purchased, constructed, or The SPEAKER pro tempore. Is there this legislation. improved using a loan guaranteed under this objection to the request of the gen- Importantly, these benefit improvements for subsection meet such standards.’’; and tleman from California? veterans don’t add a dime to the deficit. They (2) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the fol- There was no objection. are fully paid for by making a change that the lowing new subparagraphs (A) and (B): Mr. FILNER. Mr. Speaker, I yield VA requested to regulations regarding the ‘‘(A) five percent of the total established myself such time as I may consume. VA’s Home Loan Guarantee program. value of the property, dwelling, and improve- I want to commend, Mr. Speaker, H.R. 5360, now known as the HELP Vet- ments; or Congresswoman STEPHANIE HERSETH erans Act, improves benefits to veterans in a

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.015 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7013 number of areas in addition to the assistance for service disabled veteran-owned small busi- porary Residence Adaptation or TRA grant. for blinded veterans, including: nesses when competing with other set aside TRA grants make small grants up to $12,000 Increasing apprenticeship, on-the-job train- groups for VA contracts by changing the word available to adapt the homes of family mem- ing and flight training educational benefits ‘‘may’’ to ‘‘shall’’ when awarding sole source bers with whom a severely injured veteran is through the Montgomery G.I. Bill. contracts to service disabled veteran-owned living. Normally, TRA grants are deducted Extending authorization for the VA’s work- small businesses. from the veterans overall grant, thus reducing study program for student veterans to 2020 The Veterans Affairs Committee unani- subsequent grants. The provision would allow and authorizing new program standards to mously passed both of these provisions in VA to issue up to 25 grants in Fiscal Year allow these veterans to work in Congressional hope that an additional source of credit 2011 without reducing the veterans total offices as part of their work-study. backed by the VA will encourage lenders to in- award. This will help determine whether dis- Temporarily reducing, for the three years, crease the amount of credit and that a level abled veterans would be more likely to use the the requirement for private employers to pro- playing field is the right thing to do for small TRA grant. vide a wage increase for veterans participating businesses owned and controlled by service Mr. Speaker, I want to ensure the Members in an approved on-the-job training program. disabled veterans. It is truly unfortunate that of my support for this excellent bill despite the Reauthorizing the Veterans’ Advisory Com- Chairwoman VELA´ZQUEZ and Speaker PELOSI removal of several provisions that would ben- mittee on Education. continue their history of opposing provisions efit veteran-owned small businesses at this Improving the Vocational Rehabilitation and that would benefit disabled veteran-owned critical time and urge my colleagues to support Employment program by providing reimburse- small business. H.R. 5360. ment for certified child care assistance for sin- Mr. Speaker, it is unfortunate indeed that Mr. HASTINGS of Washington. I gle parents as well as increasing the subsist- about 10 percent of homeless veterans are yield back the balance of my time. ence allowance payable to veterans partici- women and a significant percentage of those Mr. FILNER. I yield back the balance pating in VR&E by 5.2 percent. veterans bring children with them. So I am of my time. Updating regulations for VA educational also pleased that the bill includes another pro- The SPEAKER pro tempore. The benefit programs to increase the reporting vision which I introduced to establish a Home- question is on the motion offered by fees payable to educational institutions as well less Veteran Reintegration Program for the gentleman from California (Mr. as modifying the rules for advance payment of Women or HVRP–W. This program will focus FILNER) that the House suspend the educational assistance to prevent any break in on homeless programs specially designed to rules and pass the bill, H.R. 5360, as educational benefits. serve homeless women veterans and veterans amended. Giving the Department of Labor the author- with children. A veteran, especially one with The question was taken; and (two- ity to make grants to programs and facilities to children at their side should never be home- thirds being in the affirmative) the provide services for homeless women vet- less. rules were suspended and the bill, as erans and homeless veterans with children. Section 13 of the bill contains a provision in- amended, was passed. Again, I wish to thank Ranking Member troduced by Mr. BOOZMAN to encourage re- The title was amended so as to read: BOOZMAN and the rest of my colleagues on the search and development in the field of assist- ‘‘A bill to amend title 38, United States committee for the cooperative and bipartisan ive technologibs used to adapt the homes of Code, to make certain improvements in spirit in which they worked to better serve our severely injured veterans. This authority will the laws administered by the Secretary veterans through this legislation. I urge my make a disabled veterans’ homes just a bit of Veterans Affairs, and for other pur- colleagues to pass H.R. 5360, the HELP Vet- more livable. poses.’’. erans Act. Mr. Speaker, it is no secret that our young A motion to reconsider was laid on Mr. BUYER. Mr. Speaker, I rise to express people need positive role models. That is why the table. my strong support for another bipartisan bill the provisions I introduced as part of H.R. H.R. 5360, despite my deep disappointment 4220 are an important part in this bill. Section f that certain veteran-friendly small business 19 would provide a small temporary stipend to VETERANS BENEFITS AND ECO- provisions passed unanimously by the Vet- veterans who are new teachers in rural areas. NOMIC WELFARE IMPROVEMENT erans Affairs Committee have been stricken Therefore, we are not only helping veterans to ACT OF 2010 from the bill before us today. Those provisions become teachers in rural areas, but we are directly would have improved opportunities for also showing our next generation of America’s Mr. FILNER. Mr. Speaker, I move to small businesses owned and controlled by what it means to make a commitment to the suspend the rules and pass the bill service disabled veterans. nation. (H.R. 6132) to amend title 38, United H.R. 5360, is a bill that is a compilation of Section 20 would also provide one-year in- States Code, to establish a transition several bills reported to the Veterans Affairs ternship jobs at VA for up to 2,000 graduates program for new veterans, to improve Committee by the Subcommittee on Economic of the Vocational Rehabilitation and Employ- the disability claim system, and for Opportunity under the leadership of the distin- ment program. These positions will provide other purposes, as amended. guished Chairwoman STEPHANIE HERSETH service disabled veterans with work experi- The Clerk read the title of the bill. SANDLIN and I appreciate her work and that of ence while helping VA meet the needs of their The text of the bill is as follows: Ranking Member BOOZMAN and Chairman FIL- fellow veterans. H.R. 6132 NER for bringing this bill to the floor. Anyone who has renovated a home recently Be it enacted by the Senate and House of Rep- At a time when small businesses are facing knows the cost of construction continues to resentatives of the United States of America in a continuing shortage of credit, I am delighted climb more rapidly that the overall inflation Congress assembled, to see that the bill includes section five which rate. Severely disabled veteran often need SECTION 1. SHORT TITLE; TABLE OF CONTENTS. I introduced to reestablish the VA’s small busi- their homes adapted to make them more liv- (a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans Benefits and Economic Wel- ness loan program that expired in 1986. Under able. That is why Mr. BOOZMAN introduced fare Improvement Act of 2010’’. section five, VA would be authorized to guar- provisions to make a small increase in the (b) TABLE OF CONTENTS.—The table of con- antee small business loans up to $200,000 grants made under VA’s Specially Adapted tents for this Act is as follows: made by financial institutions. VA would also Home program. These provisions would in- Sec. 1. Short title; table of contents. be required to contract with a financial institu- crease the existing small grant to $13,756 and Sec. 2. Military transition program. tion experienced in this field to manage the the large grant to $65,780. Sec. 3. Waiver of claim development period program. I had originally introduced a similar Mr. Speaker, section 24 contains provisions for claims under laws adminis- provision in H.R. 293 and H.R. 4220. also introduced by Mr. BOOZMAN as H.R. 4259 tered by Secretary of Veterans However, I am deeply disappointed that the known as the WARMER Act. This bill updates Affairs. Democrats on the Small Business Committee the types and maximum values of energy effi- Sec. 4. Tolling of timing of review for ap- led by Chairwoman NADIA VELA´ZQUEZ once ciency loans that VA may guarantee while di- peals of final decisions of Board again chose to favor other small business set recting VA to standardize its appraisal process of Veterans’ Appeals. Sec. 5. Exclusion of certain amounts from aside groups over service disabled veteran- to ensure energy efficiency improvements are determination of annual in- owned small business by objecting to section properly valued. come with respect to pensions 21 which I also included in this bill by amend- Finally, section 25 is a provision introduced for veterans and surviving ment at the Full Committee markup. Section by Mr. MORAN of Kansas to make it easier for spouses and children of vet- 21 would have merely leveled the playing field severely disabled veterans to use the Tem- erans.

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0655 E:\CR\FM\A28SE7.014 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7014 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Sec. 6. Extension of authority of Secretary ‘‘(ii) such payments may only be made dur- tion submits to the Secretary a claim that of Veterans Affairs to obtain ing the first 12 months of such veteran’s par- the Secretary determines is a fully developed certain income information ticipation in the program. claim, the Secretary shall provide expedi- from other agencies. ‘‘(B) In the case of a veteran participating tious treatment to the claim. Sec. 7. VetStar Award program. in the program on a less than full-time basis, ‘‘(3) If the Secretary determines that a Sec. 8. Increase in amount of pension for the Assistant Secretary of Labor for Vet- claim submitted by a claimant as a fully de- Medal of Honor recipients. erans’ Employment and Training may extend veloped claim is not fully developed, the Sec- Sec. 9. Compliance with Statutory Pay-As- the number of months of payments under retary shall provide such claimant with the You-Go Act of 2010. subparagraph (A) and proportionally adjust notice described in section 5103(a) within 30 SEC. 2. MILITARY TRANSITION PROGRAM. the amount of such payments, but the aggre- days after the Secretary makes such deter- (a) IN GENERAL.—Chapter 41 of title 38, gate amount paid with respect to such vet- mination. United States Code, is amended by inserting eran may not exceed $20,000 and the max- ‘‘(4) For purposes of this section: after section 4114 the following new section: imum number of months of such payments ‘‘(A) The term ‘fully developed claim’ means a claim— ‘‘§ 4115. Military transition program may not exceed 24 months. ‘‘(4) Payments under this section shall be ‘‘(i) for which the claimant— ‘‘(a) ESTABLISHMENT; ELIGIBILITY.—(1) Sub- made on a quarterly basis. ‘‘(I) received assistance from a veterans ject to the availability of appropriations for ‘‘(5) Each employer providing a program of service officer, a State or county veterans such purpose, the Secretary of Veterans Af- apprenticeship or on-the-job training pursu- service organization, an agent, or an attor- fairs and the Assistant Secretary of Labor ant to this section shall submit to the As- ney; or for Veterans’ Employment and Training sistant Secretary of Labor for Veterans’ Em- ‘‘(II) submits, together with the claim, an shall jointly carry out a program of training ployment and Training on a quarterly basis appropriate indication that the claimant to provide eligible veterans with skills rel- a report certifying the wages paid to eligible does not intend to submit any additional in- evant to the job market. veterans under such program (which shall be formation or evidence in support of the ‘‘(2) For purposes of this section, the term claim and does not require additional assist- ‘eligible veteran’ means any veteran whom certified by the veteran as being correct) and containing such other information as the As- ance with respect to the claim; and the Secretary of Veterans Affairs deter- ‘‘(ii) for which the claimant or the claim- mines— sistant Secretary may specify. Such report shall be submitted in the form and manner ant’s representative, if any, each signs, ‘‘(A) is not otherwise eligible for education dates, and submits a certification in writing or training services under this title; required by the Assistant Secretary. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— stating that, as of such date, no additional ‘‘(B) has not acquired a marketable skill There is authorized to be appropriated to information or evidence is available or needs since being separated or released from serv- carry out this section $10,000,000 for each fis- to be submitted in order for the claim to be ice in the Armed Forces; cal year for which the program is carried adjudicated. ‘‘(C) was discharged under honorable condi- out. ‘‘(B) The term ‘expeditious treatment’ tions; and ‘‘(e) REPORTING.—The Secretary of Vet- means, with respect to a claim for benefits ‘‘(D)(i) has been unemployed for at least 90 erans Affairs, in coordination with the As- under the laws administered by the Sec- days during the 180-day period preceding the sistant Secretary of Labor for Veterans’ Em- retary, treatment of such claim so that the date of application for the program estab- ployment and Training, shall include a de- claim is fully processed and adjudicated lished under this section; or scription of activities carried out under this within 90 days after the Secretary receives ‘‘(ii) during such 180-day period received a section in the annual report prepared sub- an application for such claim.’’. maximum hourly rate of pay of not more mitted under section 529 of this title. (b) APPEALS FORM AVAILABILITY.—Sub- than 150 percent of the Federal minimum ‘‘(f) TERMINATION.—The authority to carry section (b) of section 5104 of such title is wage. out a program under this section shall termi- amended— ‘‘(b) APPRENTICESHIP OR ON-THE-JOB TRAIN- nate on September 30, 2016.’’. (1) by striking ‘‘and (2)’’ and inserting ING PROGRAM.—The program established (b) CLERICAL AMENDMENT.—The table of ‘‘(2)’’; and under this section shall provide for payments sections at the beginning of such chapter is (2) by inserting before the period at the end to employers who provide for eligible vet- amended by inserting after the item relating the following: ‘‘, and (3) any form or applica- erans a program of apprenticeship or on-the- to section 4114 the following new item: tion required by the Secretary to appeal job training if— ‘‘4115. Military transition program’’. such decision’’. ‘‘(1) such program is approved as provided (c) EFFECTIVE DATE.—The amendments in paragraph (1) or (2) of section 3687(a) of (c) CONFORMING AMENDMENTS.—(1) Sub- made by this section shall apply with respect this title; section (a)(1) of section 3034 of such title is to claims submitted on or after the date of ‘‘(2) the rate of pay for veterans partici- amended by striking ‘‘and 3687’’ and insert- the enactment of this Act. pating in the program is not less than the ing ‘‘3687, and 4115’’. SEC. 4. TOLLING OF TIMING OF REVIEW FOR AP- rate of pay for nonveterans in similar jobs; (2) Subsections (a)(1) and (c) of section 3241 PEALS OF FINAL DECISIONS OF and of such title are each amended by striking BOARD OF VETERANS’ APPEALS. ‘‘(3) the Assistant Secretary of Labor for ‘‘section 3687’’ and inserting ‘‘sections 3687 (a) IN GENERAL.—Section 7266(a) of title 38, Veterans’ Employment and Training reason- and 4115’’. United States Code, is amended— ably expects that— (3) Subsection (d)(1) of section 3672 of such (1) by striking ‘‘In order’’ and inserting ‘‘(A) the veteran will be qualified for em- title is amended by striking ‘‘and 3687’’ and ‘‘(1) Except as provided in paragraph (2), in ployment in that field upon completion of inserting ‘‘3687, and 4115’’. order’’; and training; and (4) Paragraph (3) of section 4102A(b) of such (2) by adding at the end the following new ‘‘(B) the employer providing the program title is amended by striking ‘‘section 3687’’ paragraph: will continue to employ the veteran at the and inserting ‘‘section 3687 or 4115’’. ‘‘(2)(A) The 120-day period described in completion of training. (d) EFFECTIVE DATE.—The amendments paragraph (1) shall be extended upon a show- ‘‘(c) PAYMENTS TO EMPLOYERS.—(1) Subject made by this section shall take effect on the ing of good cause for such time as justice to the availability of appropriations for such date that is one year after the date of the en- may require. purpose, the Assistant Secretary of Labor for actment of this Act. ‘‘(B) For purposes of this paragraph, it Veterans’ Employment and Training shall SEC. 3. WAIVER OF CLAIM DEVELOPMENT PE- shall be considered good cause if a person enter into contracts with employers to pro- RIOD FOR CLAIMS UNDER LAWS AD- was unable to file a notice of appeal within vide programs of apprenticeship or on-the- MINISTERED BY SECRETARY OF VET- the 120-day period because of the person’s job training that meet the requirements of ERANS AFFAIRS. service-connected disability.’’. this section. Each such contract shall pro- (a) IN GENERAL.—Section 5101 of title 38, (b) APPLICABILITY.— vide for the payment of the amounts de- United States Code, is amended by adding at (1) IN GENERAL.—Paragraph (2) of section scribed in paragraph (2) to employers whose the end the following new subsection: 7266(a) of such title, as added by subsection programs meet such requirements. ‘‘(d)(1) If a claimant submits to the Sec- (a), shall apply to a notice of appeal filed ‘‘(2) The amount paid under this section retary a claim that the Secretary determines with respect to a final decision of the Board with respect to any eligible veteran for any is a fully developed claim, the Secretary of Veterans’ Appeals that was issued on or period shall be 50 percent of the wages paid shall provide— after July 24, 2008. by the employer to such veteran for such pe- ‘‘(A) the claimant with the opportunity to (2) REINSTATEMENT.—Any petition for re- riod. Wages shall be calculated on an hourly waive any claim development period other- view filed with the Court of Appeals for Vet- basis. wise made available by the Secretary with erans Claims that was dismissed by such ‘‘(3)(A) Except as provided in subparagraph respect to such claim; and Court on or after July 24, 2008, as untimely, (B)— ‘‘(B) expeditious treatment to such claim. shall, upon the filing of a petition by an ad- ‘‘(i) the amount paid under this section ‘‘(2) If a person submits to the Secretary versely affected person filed not later than with respect to a veteran participating in any written notification sufficient to inform six months after the date of the enactment the program established under this section the Secretary that the person plans to sub- of this Act, be reinstated upon a showing may not exceed $20,000 in the aggregate or mit a fully developed claim and, not later that the petitioner had good cause for filing $1,666.67 per month; and than one year after submitting such notifica- the petition on the date it was filed.

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.019 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7015 SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM (b) ADMINISTRATION.—The Secretary shall am upset because this is the way the DETERMINATION OF ANNUAL IN- establish a process for the administration of majority has been running the Con- COME WITH RESPECT TO PENSIONS the award program, including criteria for— gress, Mr. Speaker. FOR VETERANS AND SURVIVING (1) categories and sectors of businesses eli- SPOUSES AND CHILDREN OF VET- If you want to know why the Amer- ERANS. gible for recognition each year; and ican people are upset with the major- (2) objective measures to be used in select- (a) CERTAIN AMOUNTS PAID FOR REIMBURSE- ing businesses to receive the award. ity, it is because of this. If you don’t MENTS AND FOR PAIN AND SUFFERING.—Para- (c) VETERAN DEFINED.—In this section, the give adequate notice to even a ranking graph (5) of section 1503(a) of title 38, United term ‘‘veteran’’ has the meaning given that member to be on the floor on bills, peo- States Code, is amended to read as follows: term in section 101(2) of title 38, United ple are going to know. Do you know ‘‘(5) payments regarding— States Code. ‘‘(A) reimbursements of any kind (includ- why they are going to know? Because I ing insurance settlement payments) for— SEC. 8. INCREASE IN AMOUNT OF PENSION FOR am going to tell the story. Rules mat- MEDAL OF HONOR RECIPIENTS. ‘‘(i) expenses related to the repayment, re- ter around this place. Section 1562(a) of title 38, United States placement, or repair of equipment, vehicles, Now, let me go back to the first bill. Code, is amended by striking ‘‘$1,000’’ and in- items, money, or property resulting from— The only reason I mention this is be- serting ‘‘$2,000’’. ‘‘(I) any accident (as defined in regulations cause I want to thank—you just passed which the Secretary shall prescribe), but the SEC. 9. COMPLIANCE WITH STATUTORY PAY-AS- YOU-GO ACT OF 2010. it, by voice vote. amount excluded under this subclause shall The budgetary effects of this Act, for the Let me tell you what is upsetting, not exceed the greater of the fair market purpose of complying with the Statutory something else that matters around value or reasonable replacement value of the Pay-As-You-Go Act of 2010, shall be deter- here, and it is the Parliamentarian. equipment or vehicle involved at the time mined by reference to the latest statement You drop that bill, and the Parliamen- immediately preceding the accident; titled ‘‘Budgetary Effects of PAYGO Legisla- ‘‘(II) any theft or loss (as defined in regula- tarian makes those bills go to the ap- tion’’ for this Act, submitted for printing in tions which the Secretary shall prescribe), propriate jurisdictions. Something may the Congressional Record by the Chairman of but the amount excluded under this sub- get added by amendment to a par- the House Budget Committee, provided that clause shall not exceed the greater of the fair ticular bill that some other committee such statement has been submitted prior to market value or reasonable replacement the vote on passage. thinks that they want a view on it. value of the item or the amount of the Then what happens is the majority, not money (including legal tender of the United The SPEAKER pro tempore. Pursu- giving a doggone about the minority, States or of a foreign country) involved at ant to the rule, the gentleman from puts bills onto this floor, whatever the time immediately preceding the theft or California (Mr. FILNER) and the gen- they want to do, so long as it is in com- loss; or tleman from Indiana (Mr. BUYER) each fort with someone else. They don’t care ‘‘(III) any casualty loss (as defined in regu- will control 20 minutes. lations which the Secretary shall prescribe), about the minority or what our views The Chair recognizes the gentleman are, so they just put it on the floor. but the amount excluded under this sub- from California. clause shall not exceed the greater of the fair So once again we try to change the market value or reasonable replacement GENERAL LEAVE ‘‘may’’ to ‘‘shall’’ language in the last value of the property involved at the time Mr. FILNER. I ask unanimous con- bill. The Small Business Committee immediately preceding the casualty loss; and sent that all Members may have 5 leg- prevents it. Now, why would you do ‘‘(ii) medical expenses resulting from any islative days within which to revise that? Why would the Small Business accident, theft, loss, or casualty loss (as de- and extend their remarks and include Committee, run by the Democrat ma- fined in regulations which the Secretary extraneous material on H.R. 6132, as shall prescribe), but the amount excluded jority, alienate the disabled veterans? under this clause shall not exceed the costs amended. Why do you keep doing this? We keep of medical care provided to the victim of the The SPEAKER pro tempore. Is there appealing to you to place the disabled accident, theft, loss, or casualty loss; and objection to the request of the gen- veteran in a higher position with re- ‘‘(B) pain and suffering (including insur- tleman from California? gard to other set-asides, and you won’t ance settlement payments and general dam- There was no objection. do it. ages awarded by a court) related to an acci- Mr. FILNER. Mr. Speaker, I yield Mr. President, don’t stand up and tell dent, theft, loss, or casualty loss, but the myself such time as I may consume. the American people, well, now we are amount excluded under this subparagraph Mr. Speaker, I rise in support of the going to focus on small business. Or, shall not exceed an amount determined by bill, H.R. 6132. Madam Speaker, don’t stand up and the Secretary on a case-by-case basis;’’. Once again, this attacks a part of the say we are now going to focus on small (b) CERTAIN AMOUNTS PAID BY STATES AND employment problem that I mentioned business. What did you do at the mo- MUNICIPALITIES AS VETERANS BENEFITS.— Section 1503(a) of title 38, United States earlier, and many members of our comment of calling? At the moment of Code, is amended— mittee worked on this. Not only Chair- calling, when you had an opportunity (1) by striking ‘‘and’’ at the end of para- woman HERSETH SANDLIN of the Sub- to do something about it, what did you graph (10); committee on Economic Opportunity do? Don’t give the American people (2) by redesignating paragraph (11) as para- but its ranking member, Mr. BOOZMAN, rhetoric. What did you do at the mo- graph (12); and plus our colleagues Mr. WELCH from ment of acting? Oh, no, no, no, we are (3) by inserting after paragraph (10) the fol- Vermont and Mr. TEAGUE from New not going to do it. lowing new paragraph (11): Mexico. It again helps our veterans Oh, you do your stimulus bill. I want ‘‘(11) payment of a monetary amount of up to respond to a $1 billion small busi- to $5,000 to a veteran from a State or munici- find jobs. And Congressman DONNELLY pality that is paid as a veterans’ benefit due from Indiana, Congressman ADLER ness bill on veterans. No, we’re not to injury or disease; and’’. from New Jersey, and Congressman going to do that; we are going to do VA (c) EFFECTIVE DATE.—The amendments HASTINGS of Florida all contributed to construction. made by subsections (a) and (b) shall apply this, along with Chairman HALL of the Now you say, oh, my gosh, what are with respect to determinations of income for Disability Assistance Subcommittee we going to do to stimulate small busi- calendar years beginning after October 1, and his Ranking Member LAMBORN of ness? You had your opportunity over 2011. Colorado. and over and over. SEC. 6. EXTENSION OF AUTHORITY OF SEC- I reserve the balance of my time. So, yes, I am pretty upset, Mr. RETARY OF VETERANS AFFAIRS TO Speaker. I am really upset. I am upset OBTAIN CERTAIN INCOME INFORMA- b 1300 at what happened on that last bill. I TION FROM OTHER AGENCIES. Mr. BUYER. I yield myself such time am retiring. I am leaving Congress. Section 5317 of title 38, United States Code, as I may consume. is amended by striking ‘‘September 30, 2011’’ And I am hopeful that the chairman— and inserting ‘‘September 30, 2015’’. Mr. Speaker, you are moving fast that you are as pugnacious as you can today. Had I known, I would have been be and focus on that to help that dis- SEC. 7. VETSTAR AWARD PROGRAM. here for the first bill. And I am serious abled veteran, and change that lan- (a) ESTABLISHMENT.—The Secretary of Vet- about that comment. You have to give erans Affairs shall establish an award pro- guage, Mr. FILNER, from ‘‘may’’ to gram, to be known as the ‘‘VetStar Award us adequate time to get to the floor so ‘‘shall,’’ and I think it will go a very Program’’, to annually recognize businesses we can respond to the bills. long way. for their contributions to veterans’ employ- I am recognized, and I am making a Mr. Speaker, with regard to the bill ment. statement, because I am really upset. I in front of us, I rise in support of it. It

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.019 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7016 CONGRESSIONAL RECORD — HOUSE September 28, 2010 is the Veterans Benefits and Economic erans Benefits and Economic Welfare Im- VA to assist such veterans in putting together Welfare Improvement Act of 2010. It is provement Act of 2010. I want to thank the au- a regular disability claim to prevent unsatisfac- a bipartisan, omnibus veterans benefits thor, the gentleman from California and Chair- tory decisions and unnecessary appeals. bill that includes many provisions that man of the House Committee on Veterans’ Af- Finally, The RAPID Claims Act ensures that help veterans and their families. fairs (VA), Mr. BOB FILNER, and also members veterans receive an appeals form at the same H.R. 6132 will assist transitioning of the House Committee on Veterans’ Affairs, time as the decision on their disability claim. servicemembers by creating a new pro- for their support of our men and women who This will help veterans more quickly prepare gram through the Veterans Employ- have served our country in the military. and file an appeal if necessary. ment and Training Service to assist Mr. Speaker, this bill incorporates language I am proud to have worked with the Iraq and unemployed veterans who are not eligi- from H.R. 5549, the Rating and Processing In- Afghanistan Veterans of America and the Dis- ble for other VA education programs dividuals’ Disability Claims (RAPID) Act, which abled American Veterans in crafting this legis- by creating a new on-the-job training I have cosponsored. I thank Chairman FILNER lation, as well as 60 bipartisan colleagues who and apprenticeship program. for including this language in H.R. 6132 and I support it. The bill also codifies programs that thank the gentleman from Indiana, Mr. JOE Ms. HERSETH SANDLIN. Mr. Speaker, I the VA is currently using to transform DONNELLY, for his leadership on the RAPID urge my colleagues to support H.R. 6132, the its disability claims processing system provision, which adds more accountability and Veterans Benefits and Economic Welfare Im- and provide veterans the right to equi- transparency to the process by which the Sec- provement Act of 2010, which the Veterans table tolling when a claim reaches the retary of Veterans’ Affairs (VA) reviews vet- Affairs Committee approved with bipartisan Board of Veterans’ Claims. erans’ disability claims. support on September 15th. The bill would assist pensioners by In addition to the language on disability I would like to thank Veterans Affairs Chair- excluding the repayment of medical ex- claims, H.R. 6132 also directs the Secretary of man FILNER for his leadership in introducing penses or medical insurance awards or Veterans Affairs and the Assistant Secretary H.R. 6132, as well as the support and leadership of Ranking Member BUYER. settlements from the veteran’s annual of Labor for Veterans’ Employment and Train- I am proud to be an original cosponsor of income when determining their pension ing to carry out a joint training program to as- this legislation, which contains a number of amount. sist veterans in acquiring critical skills that are I am also pleased and also appreciate important provisions that will directly improve needed in the job market. At a time when op- the chairman’s supporting of the provi- the lives of veterans and the services avail- portunities are limited, the program provided sion by the ranking member, HENRY able to those veterans and their families. In- for under this bill will help our veterans com- BROWN of the Subcommittee on Health cluded among these provisions are four bills to increase the pension for Medal of pete in the job market. that I originally introduced. All four of these Veterans across the nation are facing many Honor recipients to $2,000 a month. bills—H.R. 1088, H.R. 1089, H.R. 2461, and Mr. Speaker, while I am sure we all challenges as they assimilate back into a civil- H.R. 1037—have previously passed the agree that the provisions in this bill ian lifestyle. Our most recent veterans from House, and I am pleased they have been in- are laudable, it is unfortunate that cer- Operation Enduring Freedom and Operation cluded in this legislation. tain provisions have also been left out. Iraqi Freedom have experienced greater fre- H.R. 1089, the Veterans Employment Rights Ranking Member BOOZMAN of the quency of deployment, increased mental Realignment Act, originally passed the House Subcommittee on Economic Oppor- health problem, and strains on their families without opposition by a vote of 423 to 0 on tunity was also successful at the full that continue long after they return from war. May 19, 2009. The provisions before us today committee markup of this bill in add- Given these immense challenges, it is only fit- create a three-year demonstration project to ing a provision that would have pro- ting that Congress works towards helping move the enforcement of the Uniformed Serv- tected the veteran’s Second Amend- these brave men and women who risked their ices Employment and Reemployment Rights ment right to bear arms. His amend- lives for our freedom. Act (USERRA) protections of veterans and ment would have prevented veterans I urge my colleagues to support and pass members of the Armed Services employed by from losing this right without a judi- the Veterans Benefits and Economic Welfare Federal executive agencies to the U.S. Office cial decision or due process. The Improvement Act. of Special Counsel (OSC). amendment was agreed to by voice Mr. DONNELLY of Indiana. Mr. Speaker, I Under a previous demonstration project es- vote. rise today to speak in support of H.R. 6132, tablished by Public Law 108–454, OSC inves- The provision was supported by the The Veterans Benefits and Economic Welfare tigated some federal sector USERRA claims American Legion, AMVETS, the Vet- Improvement Act. This bill combines several from 2004 to 2007. This demonstration project erans of Foreign Wars, the National Al- measures into one solid piece of legislation showed that the OSC had the expertise and liance on Mental Illness, the NRA, and that will serve our veterans by helping them ability to quickly obtain corrective action for the Gun Owners of America. Chairman transition into the job market and improving federally employed veterans, and that success CONYERS of the Judiciary Committee the disability claims and appeals process, warranted a further continuation of this study. raised questions on the jurisdictional among other things. H.R. 1088, the Mandatory Veteran Spe- issue regarding the provision and in- Included in this legislation is a bill I intro- cialist Training Act, originally passed the sisted that it be taken out. duced to help improve the disability claims House by voice vote on May 19, 2009. The Here we go again. So to America, process, H.R. 5549, The RAPID Claims Act. provisions before us today take an important bills are coming to the floor, people are The RAPID Claims Act codifies the already step toward providing better employment as- yanking things out of the bill. So what successful Fully Developed Claim pilot pro- sistance to those who have bravely served is happening is we are rushing bills to gram that Congress created in 2008, with a their country. the floor, rather than allow them to be few improvements. These provisions reduce from 3 years to 18 properly vetted through all jurisdic- Since veterans who participate in the Fully months the period during which Disabled Vet- tions. We are not going to do that. Developed Claim program are gathering their erans’ Outreach Program (DVOP) specialists So what do we have? We have a bill evidence without VA assistance, they should or Local Veterans’ Employment Representa- now on the floor that had a gun provi- be able to notify VA to mark their date of dis- tives (LVER) with the Department of Labor sion taken out of it right before an ability compensation as soon as they begin to (DOL) must complete the specialized veterans election. That is great. I am not run- put their case together. The RAPID Claims Act employment training program provided by the ning again, so those of you who are ensures this date is protected. National Veterans’ Training Institute (NVTI). pleased that I guess the gun provision Additionally, if VA decides that a claim sub- Through several Economic Opportunity Sub- was taken out of the bill, you can an- mitted by a veteran for the Fully Developed committee hearings I chaired during the 110th swer to your constituents about why Claim program is actually ineligible for that Congress, I learned it was taking, on average, that happened. program, VA should immediately notify the 2.5 years before DOL veterans employment So I’m, once again, bothered. It’s un- veteran of what is needed to substantiate the specialists were completing the NVTI program. fortunate. I am leaving an institution claim to allow it to proceed efficiently through This leaves untrained specialists who don’t that I love and respect, but, boy, am I the normal disability claim process. If VA adju- have the necessary skills trying to help vet- bothered with the way it is being run. dicates an incomplete claim without notifying erans with their employment needs, and this I ask Members to support this bill. the veteran, the result would be more inac- bill helps correct that situation. Mr. FALEOMAVAEGA. Mr. Speaker, I rise curately processed claims and a longer ap- H.R. 2461, the Veterans Small Business today in strong support of H.R. 6132, the Vet- peals backlog. The RAPID Claims Act requires Verification Act, passed the House as part of

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.035 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7017 H.R. 3949 with overwhelming bipartisan sup- she may lose their pension if the money ex- net website of the Department of Veterans port on November 3, 2009. The provisions be- ceeds the income limit set by the VA. This Affairs a new hyperlink with a drop-down fore us today clarify the responsibility of the means that the law effectively punishes vet- menu entitled ‘‘Veterans Employment’’. The drop-down menu shall include a direct Secretary of Veterans Affairs to verify the veterans when they suffer from such an accident hyperlink to the VetSuccess Internet eran status of owners of small businesses list- or theft. website, the USA Jobs Internet website, the ed in the VetBiz Vendor Information Pages Such a tragedy happened to one of my con- Job Central website, and any other appro- database. Furthermore, it requires that the VA stituents, a Navy veteran with muscular dys- priate employment Internet websites, as de- notify small businesses already listed in the trophy who was hit by a truck when crossing termined by the Secretary, especially such database of the need to verify their status. the street in his wheelchair. His pension was websites that focus on jobs for veterans. The Economic Opportunity Subcommittee abruptly cut off after he received an insurance (b) ADVERTISEMENT OF INTERNET learned through hearings, and meetings with settlement payment to cover medical ex- WEBSITE.—Subject to the availability of appropriations for such purpose, the Secretary VA staff and the veterans community that the penses for himself and his service dog, and of Veterans Affairs shall, in accordance with database contained firms that didn’t qualify be- material expenses to replace his wheelchair. section 532 of title 38, United States Code, cause the verification process was voluntary. As a result, he could not cover his daily ex- purchase advertising in national media out- Since firms registered in the database can penses and mortgage payments and almost lets for the purpose of promoting awareness qualify to receive set-aside or sole-source lost his home. This is unacceptable. of the VetSuccess Internet website to vet- awards, this new legislation will help ensure The Veterans Pensions Protection Act ex- erans. our veterans are afforded the small business empts the reimbursement of expenses related (c) OUTREACH TO VETERANS OF OPERATION IRAQI FREEDOM AND OPERATION ENDURING opportunities they are due. to accidents, theft, loss or casualty loss from FREEDOM.—The Secretary of Veterans Af- H.R. 1037, the Pilot College Work Study being included into the determination of a vet- fairs shall conduct outreach to veterans of Programs for Veterans Act of 2009, originally eran’s income. Operation Iraqi Freedom and Operation En- passed the House on July 14, 2009 without I want to thank Chairman BOB FILNER as during Freedom to inform such veterans of opposition by a vote of 422 to 0. The provi- well as Subcommittee Chairman JOHN HALL the VetSuccess Internet website. sions before us today improve the educational and Ranking Member DOUG LAMBORN for their (d) VETSUCCESS INTERNET WEBSITE DE- benefits available to our country’s veterans by support on this issue. FINED.—In this section, the term expanding the scope of work-study activities ‘‘VetSuccess Internet website’’ means Mr. Speaker, at a time when our Nation’s www.vetsuccess.gov or any successor Inter- available to veterans receiving educational service men and women are fighting two wars net website maintained by the Department benefits through the VA. abroad and engaged in action in other parts of of Veterans Affairs. Currently, eligible student veterans enrolled the world, we have a duty to our past, present, The SPEAKER pro tempore. Pursu- in college degree programs, vocational pro- and future veterans to provide the very best in ant to the rule, the gentleman from grams or professional programs are eligible to health care, job training, housing assistance, California (Mr. FILNER) and the gen- participate in the work-study allowance pro- educational opportunities, and other services tleman from Indiana (Mr. BUYER) each gram. However, they are limited to positions and benefits. We owe our veterans an enor- will control 20 minutes. involving VA related work, such as processing mous debt, and cannot thank them enough for The Chair recognizes the gentleman VA paperwork, performing outreach services, their service. I urge my colleagues to give from California. and assisting staff at medical facilities or the their unanimous support to this legislation. GENERAL LEAVE offices of the National Cemetery Administra- Mr. BUYER. I yield back the balance Mr. FILNER. Mr. Speaker, I ask tion. of my time. unanimous consent that all Members This legislation both reauthorizes the work- Mr. FILNER. Mr. Speaker, I have no may have 5 legislative days in which to study program for 3 additional years and ex- further requests for time, and I yield revise and extend their remarks and in- pands the list of qualifying work-study activi- back the balance of my time. clude extraneous material on the bill. ties to include positions with State veterans The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there agencies, Centers for Excellence for Veterans question is on the motion offered by objection to the request of the gen- Student Success and other veterans-related the gentleman from California (Mr. tleman from California? positions at institutions of higher learning. FILNER) that the House suspend the There was no objection. Given the wide variety of tasks our men and rules and pass the bill, H.R. 6132, as Mr. FILNER. Mr. Speaker, I yield women in uniform perform while serving their amended. myself such time as I may consume. country, our Nation should be capitalizing on The question was taken; and (two- Mr. Speaker, I would like to thank the unique training and skill sets that veterans thirds being in the affirmative) the Congressman CLIFF STEARNS of Florida who are pursuing their degrees bring to their rules were suspended and the bill, as for introducing this bill, which seeks to educational institutions. amended, was passed. include an important link to the In conclusion, H.R. 6132 takes a number of A motion to reconsider was laid on VetSuccess program on the home page important steps toward helping veterans who the table. of the Department of Veterans Affairs’ have bravely served their country. I urge my f Web site. Like the other two bills be- colleagues to support H.R. 6132. fore us today, it helps those veterans Mr. HASTINGS of Florida. Mr. Speaker, I REQUIRING HYPERLINK TO seeking employment. rise in strong support of H.R. 6132, the Vet- VETSUCCESS WEBSITE I reserve the balance of my time. erans Benefits and Economic Welfare Im- Mr. FILNER. Mr. Speaker, I move to Mr. BUYER. Mr. Speaker, I yield my- provement Act of 2010. This important legisla- suspend the rules and pass the bill self such time as I may consume. tion extends much-needed improvements to (H.R. 3685) to require the Secretary of Mr. Speaker, I rise in support of H.R. benefits and services for our Nation’s vet- Veterans Affairs to include on the 3685, which was introduced by my good erans, who deserve the best we can offer. main page of the Internet website of friend, the deputy ranking member of This legislation makes a number of critical cor- the Department of Veterans Affairs a the House Committee on Veterans Af- rections and updates to streamline services, hyperlink to the VetSuccess Internet fairs, CLIFF STEARNS of Florida. expedite benefits, and ensure that veterans website and to publicize such Internet This bill would make it easier to find can take advantage of educational and voca- website. employment opportunities in their tional training opportunities to develop skills The Clerk read the title of the bill. area and promote the VetSuccess Web relevant to today’s job market. The text of the bill is as follows: site. I am extremely pleased that the underlying I yield such time as he may consume legislation includes my bill, H.R. 4541, the Vet- H.R. 3685 to the gentleman from Florida (Mr. erans Pensions Protection Act of 2010. This Be it enacted by the Senate and House of Rep- STEARNS) to discuss his legislation. legislation protects veterans from losing their resentatives of the United States of America in Mr. STEARNS. Mr. Speaker, I thank Congress assembled, pension benefits because they received pay- the distinguished ranking member, and SECTION 1. PROMOTION OF THE VETSUCCESS ments to cover expenses incurred after an ac- INTERNET WEBSITE. I also thank Chairman FILNER for al- cident, theft, loss or casualty loss. (a) INCLUSION OF HYPERLINK.—Not later lowing this bill to come to the floor. Under current law, if a veteran is seriously than 60 days after the date of the enactment My colleagues, today unemployment injured in an accident or is the victim of a theft of this Act, the Secretary of Veterans Affairs continues to be record high, particu- and receives insurance compensation, he or shall include on the main page of the Inter- larly in my congressional district. In

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.021 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7018 CONGRESSIONAL RECORD — HOUSE September 28, 2010 my hometown, it is 14.5 percent, and erans. You should be able to simply go private sector jobs are not listed since it only the unemployment rate in the veterans to this one site, type your zip code in, lists federal jobs. To find private sector jobs, community is even higher. It is higher and simply get a list of the job listings. you have to click on the Veteran Service than I think many of us can ever re- When I was finally able to type in my dropdown menu and navigate 28 possible member. zip code and found jobs in my home- links and somehow know that VetSuccess is So my bill, H.R. 3685, would simply town of Ocala, Florida, I got a list of the proper link. require the Department of Veterans Af- about 60 jobs, mostly menial jobs driv- There is no simple link for Veteran Employ- fairs to have a drop-down menu enti- ing as a chauffeur and lawn care jobs. ment or Veteran Jobs. Instead you need to tled ‘‘Veterans Employment’’ on its But when I went to Monster.com, the know that the VetSuccess program is what home page. This drop menu would have private side, I don’t need to register to you’re looking for. If you’re unfamiliar with vet- links to VetSuccess, USA Jobs, Job do a quick lookup for the 240 jobs that eran programs, you may not know that Central and other appropriate employ- were listed within 20 miles of my home- VetSuccess is the web portal for private sector ment Web sites. It also would require town. VetSuccess needs to be more like jobs. The title, VetSuccess, isn’t clear. the Secretary of VA to advertise and Monster.com—immediate access to job VetSuccess might be the link for successful promote the VetSuccess Web site and listings by zip code without hiding be- navigation of the VA bureaucracy. The title require direct outreach to veterans of hind vague titles and a crowded drop should clearly mention jobs or employment. Operation Iraqi Freedom and Operation menu with excessive registration re- Then, once you get to the VetSuccess Enduring Freedom. quirement. webpage you must register to look up jobs. This bill comes out of many discus- The purpose of my bill, my col- You can’t just type in your zip code and get sions I have had with the VA over the leagues, is to get the VA thinking a list of jobs. My office had to fill out an exces- past couple of years. And while the VA about how they should properly ad- sively long form, and then monitor our spam has addressed some of my concerns, dress the need for veterans, provide filter to catch the authentication e-mail they continue to miss what I believe is good customer service, and lower the verifying that we signed up and then we wait- the underlying reason for the bill—con- barriers to get this information. This ed for a follow up e-mail to get our password sumer service and usability. type of employment information to finally access the VetSuccess job portal. b 1310 should be easily accessible in plain, This is too high a hurdle for something so The VA should have a clear link that simple language on the VA’s home page simple as a job listing for veterans. You will take veterans to a listing of jobs and the VetSuccess program should should be able to go to this site, type your zip based simply on zip code. Today, if provide these job listings without mak- code and get the job listings. When I was fi- you’re a veteran and you’re looking for ing veterans jump through so many nally able to type in my zip code and found a job, whether it is in the private sec- hoops. jobs in my hometown of Ocala, I got a list of tor or within the United States Gov- So, with that in mind, Mr. BUYER, I 64 jobs, mostly menial, Driving and Lawncare ernment, it can be a daunting task. want to thank you and thank Mr. FIL- jobs. The VA should not make it harder to NER, the chairman, for allowing this When I go to Monster.com, I don’t need to use their job searching services to help bill to come forward. I hope my col- register to do a quick lookup for the 237 jobs find a job, but make it easier. leagues will vote in the affirmative. listed within 20 miles of Ocala. VetSuccess For example, when you go to the VA Today, unemployment continues to be a needs to be more like Monster: immediate ac- home page under quick links, under record high. In the State of Florida the unem- cess to job listings by zip code without hiding ‘‘Federal Jobs for Veterans,’’ this is ployment rate is over 10 percent. In my home- behind vague titles in a crowded drop menu close to what I want, but private sector town of Ocala, it is over 14 percent. It can be with excessive registration requirements. jobs are not listed since it only lists a daunting task finding a job for a civilian. It The purpose of my bill is to get the VA Federal jobs and completely omits pri- can be even harder to find a job if you are a thinking about how they should properly ad- vate sector jobs. To find private sector Guard or Reservist returning from deployment dress the needs of Veterans, provide good jobs on this site, you have to click on or a veteran just exiting the service. The un- customer service and lower the barriers to in- the Veteran Service drop-down menu employment rate in the veteran’s community is formation. This type of employment informa- and navigate 28 possible links and higher than at any time that I remember. tion should be easily accessible in plan lan- somehow know that VetSuccess is the The VA has created a job portal to help vet- guage on the VA’s homepage and the proper link while you’re doing all these erans develop their resume and hunt for jobs. VetSuccess program should provide these job 28 links. There’s no simple link for Vet- Unfortunately, like many government run pro- listings without making veterans jump through eran Employment or Veteran Jobs. In- grams, they built a program without thinking more hoops. stead, you need to know that the about the customer, our veterans. A March 13, 2010 Washington Post article VetSuccess program is what you’re My bill, HR 3685, would require that the De- stated that 21.1 percent of veterans age 18– looking for. partment of Veterans Affairs would have a 24 are unemployed in this nation. These num- If you’re unfamiliar with veterans drop-down menu titled ‘‘Veterans Employ- bers are far above the standard unemploy- programs, you may not know that ment’’ on its homepage. This drop menu ment rate for the nation or for individuals of VetSuccess is the web portal for pri- would have links to VetSuccess, USA Jobs, similar ages. Many of these veterans are vate sector jobs. The title, VetSuccess, Job Central and other appropriate employment members of the National Guard and reserves isn’t even clear in this title. websites. It would also require the Secretary who have deployed multiple times. In 2008, VetSuccess might be the link for suc- of VA to advertise and promote the the unemployment rate among veterans in that cessful navigation of the Veterans Af- VetSuccess website and require direct out- age group was 14 percent, lower than today’s fairs bureaucracy. The title should reach to veterans of Operation Iraqi Freedom veteran unemployment but still above the na- clearly mention jobs or employment to and Operation Enduring Freedom. tional average. make it easier for our veterans. This bill comes out of discussions I had with According to the Bureau of Labor & Statis- Then, my colleagues, once you get to the VA over the past couple of years and tics March 2010 report, the average unem- the VetSuccess web page, you must while the VA has addressed some of my con- ployment rate for veterans over all eras is 8.1 register to look up jobs. You can’t just cerns, they continue to miss the underlying percent. The unemployment rate for all vet- type in your zip code and get a list of reason for my bill: customer service and erans in 2009 was 10.2 percent. jobs. My office had to fill out an exces- usability. The VA should have a clear link that Mr. BUYER. Reclaiming my time, sively long form and then monitor our will take veterans to a listing of jobs based on Mr. Speaker, I want to congratulate spam filter to catch the authentication zip code. the gentleman from Florida on his leg- e-mail verifying that we signed up. And Today, if you are a veteran and are looking islation. He’s worked hard on it. As you then we waited for a follow-up e-mail for a job, whether it is in the private sector or can tell, he has put a lot of time and ef- to get our password to finally access within the government, it can be a difficult fort into this. The only thing I would the VetSuccess job portal. Can you task. The VA should not make it harder to use add is that it’s not just veterans—those imagine the frustration that must their job searching services to help find a job. whom have been recently discharged occur? For example, when you go to the VA home- from the military. We also have This is too high a hurdle for some- page under quick links there is ‘‘Federal Jobs guardsmen and reservists who are re- thing so simple as a job listing for vet- for Veterans.’’ This is close to what I want, but turning. We just had a brigade return

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.078 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7019 from Tennessee. Of this brigade that ‘‘107A. Honoring as veterans certain persons colleagues to join me in supporting has just returned from a theater of who performed service in the reserve com- H.R. 3787. war, 40 percent do not have jobs wait- ponents.’’. I reserve the balance of my time. ing on them. Think about that. Forty The SPEAKER pro tempore. Pursu- Mr. BUYER. Mr. Speaker, I yield my- percent of those just now coming back ant to the rule, the gentleman from self such time as I may consume. from a theater of war don’t have a job California (Mr. FILNER) and the gen- I rise also in support of H.R. 3787, as waiting on them. So it is not just the tleman from Indiana (Mr. BUYER) each amended, introduced by my good veterans who may have served the Na- will control 20 minutes. friend, the former Command Sergeant tion many years ago. It is those who The Chair recognizes the gentleman Major TIM WALZ of the Minnesota Na- are returning who are still active from California. tional Guard. I know where he wanted guardsmen and reservists, yet now GENERAL LEAVE to go with this legislation. I think they don’t have that job to come back Mr. FILNER. Mr. Speaker, I ask what he has done is really struck the to. We had better be leaning forward on unanimous consent that all Members right compromise. I discussed this even this one. may have 5 legislative days in which to at the time in the committee. We don’t Mr. STEARNS, I want to thank you for revise and extend their remarks and in- like to think of America as a coalition your legislation. I want to thank the clude extraneous material on H.R. 3787, government, but in fact that’s what we chairman for supporting the legisla- as amended. are. We are States out there for which tion. The SPEAKER pro tempore. Is there we all have to recognize the constitu- I urge all Members to support H.R. objection to the request of the gen- tions of each of the States and we are 3685. tleman from California? bound together by a U.S. Constitution. I yield back the balance of my time. There was no objection. Different States have their own militia Mr. FILNER. I urge my colleagues to Mr. FILNER. Mr. Speaker, I yield but at the same time they’re also unanimously support H.R. 3685, and I myself such time as I may consume. under the United States Code, and can yield back the balance of my time. Mr. Speaker, today there are over a be called upon. When they’re called The SPEAKER pro tempore. The million men and women serving in our upon to serve in Federal status, in par- question is on the motion offered by country in the National Guard and Re- ticular serving the Nation at war for a the gentleman from California (Mr. serves performing a wide variety of du- period of greater than 180 days or are FILNER) that the House suspend the ties from combat operations around injured on active duty, they gain ac- rules and pass the bill, H.R. 3685. the world to responding to natural dis- cess to not only being called a veteran The question was taken. asters at home. Members in the Na- but also to veterans’ benefits. The SPEAKER pro tempore. In the tional Guard serve two commanders— But this is a pretty good title. It is opinion of the Chair, two-thirds being the President, if called upon to join ac- an honorary title with regard to those in the affirmative, the ayes have it. tive duty components of the armed who served greater than 20 years in the Mr. BUYER. Mr. Speaker, on that I services, and the Governor of their National Guard and they had not been demand the yeas and nays. State. Because of this, they were some called to active duty for an extended The yeas and nays were ordered. of the first on the scene to bring calm period of time, which would make them The SPEAKER pro tempore. Pursu- following Hurricane Katrina. And dur- eligible for VA benefits under the stat- ant to clause 8 of rule XX and the ing the recent British Petroleum oil ute. So I think what the gentleman Chair’s prior announcement, further spill in the gulf, over 1,600 members of from Minnesota has tried to do is to proceedings on this motion will be National Guard units from four States strike the appropriate balance, and I postponed. were mobilized to protect our treasured believe that he has found it. I urge all Members to support H.R. f coastline. At age 60, members of the Guard with 3787, as amended. I congratulate the PROVIDING HONORARY TITLE FOR 20 years of service qualify for benefits former Sergeant Major on a job well ARMY RESERVISTS similar to military retirees but cannot done. Mr. FILNER. Mr. Speaker, I move to be designated as veterans of the armed b 1320 suspend the rules and pass the bill services. As such, these so-called gray- Mr. Speaker, I yield back the balance (H.R. 3787) to amend title 38, United area retirees cannot call themselves of my time. States Code, to deem certain service in veterans even for honorary purposes. Mr. FILNER. Mr. Speaker, I yield the reserve components as active serv- As such, they are not saluted during back the balance of my time. ice for purposes of laws administered veterans’ tributes and don’t enjoy The SPEAKER pro tempore. The by the Secretary of Veterans Affairs, other ceremonial veterans’ honors. question is on the motion offered by as amended. This bill would allow the members of the gentleman from California (Mr. The Clerk read the title of the bill. the Reserve component the honor of FILNER) that the House suspend the The text of the bill is as follows: calling themselves veterans. Specifi- rules and pass the bill, H.R. 3787, as H.R. 3787 cally, this bill would establish mem- amended. Be it enacted by the Senate and House of bers of the National Guard who are eli- The question was taken; and (two- Representatives of the United States of America gible for a non-regular retirement, but thirds being in the affirmative) the in Congress assembled, who were never called to active duty rules were suspended and the bill, as SECTION 1. PROVISION OF STATUS UNDER LAW during their careers, to be called vet- amended, was passed. BY HONORING CERTAIN MEMBERS erans for honorary purposes. The title was amended so as to read: OF THE RESERVE COMPONENTS AS The chief sponsor of this bill is Rep- VETERANS. ‘‘A bill to amend title 38, United States (a) IN GENERAL.—Chapter 1 of title 38, United resentative WALZ from Minnesota. He Code, to recognize the service in the re- States Code, is amended by inserting after sec- served 24 years in the National Guard, serve components of certain persons by tion 107 the following new section: rising to the rank of Command Ser- honoring them with status as veterans ‘‘§ 107A. Honoring as veterans certain persons geant Major; and in fact is the highest under law.’’. who performed service in the reserve compo- ranking enlisted man ever elected to A motion to reconsider was laid on nents this Congress. When he was called to the table. ‘‘Any person who is entitled under chapter active duty for the period required to f 1223 of title 10 to retired pay for nonregular earn him full veteran status, he real- service or, but for age, would be entitled under ized that many of his brothers and sis- CHANGING CERTIFICATION RE- such chapter to retired pay for nonregular serv- ters at arms were denied that honor. QUIREMENTS FOR VA COUN- ice shall be honored as a veteran but shall not This legislation is supported by mem- SELORS be entitled to any benefit by reason of this sec- bers of the Military Coalition and the Mr. FILNER. Mr. Speaker, I move to tion.’’. (b) CLERICAL AMENDMENT.—The table of sec- National Military Veterans Alliance, suspend the rules and pass the bill tions at the beginning of such chapter is amend- which together represent several mil- (H.R. 5630) to amend title 38, United ed by inserting after the item relating to section lion active duty servicemembers, vet- States Code, to provide for qualifica- 107 the following new item: erans, and their families. I urge my tions for vocational rehabilitation

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.039 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7020 CONGRESSIONAL RECORD — HOUSE September 28, 2010 counselors and vocational rehabilita- section (a), for the position held by the indi- I urge my colleagues to support H.R. tion employment coordinators em- vidual by not later than five years after the 5630, and I yield back the balance of my ployed by the Department of Veterans date of the enactment of this Act. time. Affairs. The SPEAKER pro tempore. Pursu- Mr. FILNER. I yield back the balance The Clerk read the title of the bill. ant to the rule, the gentleman from of my time. The text of the bill is as follows: California (Mr. FILNER) and the gen- The SPEAKER pro tempore. The H.R. 5630 tleman from Indiana (Mr. BUYER) each question is on the motion offered by Be it enacted by the Senate and House of Rep- will control 20 minutes. the gentleman from California (Mr. resentatives of the United States of America in The Chair recognizes the gentleman FILNER) that the House suspend the Congress assembled, from California. rules and pass the bill, H.R. 5630. SECTION 1. QUALIFICATIONS FOR VOCATIONAL GENERAL LEAVE The question was taken; and (two- REHABILITATION COUNSELORS AND Mr. FILNER. Mr. Speaker, I ask thirds being in the affirmative) the VOCATIONAL REHABILITATION EM- rules were suspended and the bill was PLOYMENT COORDINATORS EM- unanimous consent that all Members PLOYED BY THE DEPARTMENT OF may have 5 legislative days in which to passed. VETERANS AFFAIRS. revise and extend their remarks and to A motion to reconsider was laid on (a) IN GENERAL.—Chapter 31 of title 38, include extraneous material on H.R. the table. United States Code, is amended by adding at 5630. f the end the following new section: The SPEAKER pro tempore. Is there SECURING AMERICA’S VETERANS ‘‘§ 3123. Qualifications for vocational rehabili- objection to the request of the gen- tation counselors and vocational rehabilita- INSURANCE NEEDS AND GOALS tion employment coordinators tleman from California? ACT OF 2010 There was no objection. ‘‘(a) VOCATIONAL REHABILITATION COUN- Mr. FILNER. I yield myself such Mr. FILNER. Mr. Speaker, I move to SELORS.—Each individual employed by the time as I may consume. suspend the rules and pass the bill Department as a vocational rehabilitation (H.R. 5993) to amend title 38, United counselor shall— Mr. Speaker, I would like to com- ‘‘(1) have completed a masters degree in mend the gentleman from Arkansas, States Code, to ensure that bene- vocational rehabilitation counseling before Representative JOHN BOOZMAN, for in- ficiaries of Servicemembers’ Group being so employed; troducing this bill, which seeks to set Life Insurance receive financial coun- ‘‘(2) by not later than five years after the minimum educational and training seling and disclosure information re- individual is first so employed, obtain cer- standards for certain employees of the garding life insurance payments, and tification by an accredited certifying body Vocational Rehabilitation and Employ- for other purposes, as amended. recognized by the National Commission for The Clerk read the title of the bill. Certifying Agencies; and ment program operated by the Depart- ment of Veterans Affairs. This would, The text of the bill is as follows: ‘‘(3) as a condition of continued employ- H.R. 5993 ment, maintain such certification. of course, help veterans while they set Be it enacted by the Senate and House of Rep- ‘‘(b) VOCATIONAL REHABILITATION EMPLOY- their employment goals. resentatives of the United States of America in MENT COORDINATORS.—Each individual em- I reserve the balance of my time. Congress assembled, ployed by the Department as a vocational re- Mr. BUYER. I yield myself such time habilitation employment coordinator shall— SECTION 1. SHORT TITLE. as I may consume. This Act may be cited as the ‘‘Securing ‘‘(1) have completed a bachelors degree in Mr. Speaker, I rise in strong support the relevant field, as designated by the Sec- America’s Veterans Insurance Needs and retary, before being so employed; of H.R. 5630, a bill which would set cer- Goals Act of 2010’’ or the ‘‘SAVINGS Act of ‘‘(2) by not later than five years after the tain requirements for professional level 2010’’. individual is first so employed, obtain cer- jobs at the Department of Veterans Af- SEC. 2. FINANCIAL COUNSELING AND DISCLO- tification by an accredited certifying body fairs’ Vocational Rehabilitation and SURE INFORMATION FOR recognized by the National Commission for SERVICEMEMBERS’ GROUP LIFE IN- Employment program. SURANCE BENEFICIARIES. Certifying Agencies; and In 2009, the Government Account- (a) FINANCIAL COUNSELING AND DISCLOSURE ‘‘(3) as a condition of continued employ- ability Office reported that one-third INFORMATION.— ment, maintain such certification. of the VA’s regional offices reported (1) IN GENERAL.—Section 1966 of title 38, ‘‘(c) REMEDIATION PLAN.—If an individual United States Code, is amended by adding at employed by the Department as a vocational that their VRE staffs did not have the the end the following new subsection: rehabilitation counselor or a vocational re- skills needed to properly serve the dis- ‘‘(e)(1) In order to be an eligible life insur- habilitation employment coordinator fails to abled veterans who come to them for ance company under this section, a life in- meet a condition of employment applicable help. Although it is our understanding surance company shall— to such individual under subsection (a) or the VA currently hires counselors with ‘‘(A) make available, both orally and in (b), the Director of the Vocational Rehabili- at least a master’s degree in vocational writing, financial counseling to a beneficiary tation and Employment Service shall de- rehabilitation counseling, it does not or other person otherwise entitled to pay- velop a remediation plan for such individual. require counselors to obtain and main- ment upon the establishment of a valid If the individual fails to complete the reme- claim under section 1970(a) of this title; and diation plan, such failure shall be cause for tain certification in their field from a ‘‘(B) at the time that such beneficiary or termination.’’. national certifying organization. There other person entitled to payment establishes (b) CLERICAL AMENDMENT.—The table of are also no educational qualifications a valid claim under section 1970(a) of this sections at the beginning of such chapter is for VRE employment coordinators. title, provide to such beneficiary or other amended by adding at the end the following To ensure that the VA rehabilitation person the disclosures described in paragraph new item: counselors are the best qualified in (2). ‘‘3123. Qualifications for vocational rehabili- their field, H.R. 5630 would set a min- ‘‘(2) The disclosures provided pursuant to tation counselors and voca- imum hiring standard at a master’s de- paragraph (1)(B) shall— tional rehabilitation employ- gree and would require counselors to ‘‘(A) be provided both orally and in writ- ment coordinators.’’. obtain national certification within 5 ing; and (c) APPLICABILITY.— years of hiring and to maintain these ‘‘(B) include information with respect to (1) INDIVIDUALS HIRED AFTER DATE OF EN- qualifications. Employment coordina- the payment of the claim, including— ACTMENT.—Section 3123 of title 38, United ‘‘(i) an explanation of the methods avail- States Code, as added by subsection (a), shall tors would be required to have a rel- able to receive such payment, including— apply with respect to an individual hired by evant bachelor’s degree, to obtain cer- ‘‘(I) receipt of a lump-sum payment; the Department of Veterans Affairs after the tification within 5 years, and to main- ‘‘(II) allowing the insurance company to date of the enactment of this Act. tain these qualifications. Counselors maintain the lump-sum payment; (2) INDIVIDUALS HIRED BEFORE DATE OF EN- and coordinators who fail to comply ‘‘(III) receipt of thirty-six equal monthly ACTMENT.—In the case of an individual hired with these standards will be subject to installments; and as a vocational rehabilitation counselor or a termination. ‘‘(IV) any alternative methods; vocational rehabilitation employment coor- Mr. Speaker, these are commonsense ‘‘(ii) an explanation that any such pay- dinator by the Department of Veterans Af- ment that is maintained by the life insur- fairs before the date of the enactment of this provisions which are designed to ensure ance company or paid in thirty-six equal Act, such individual is required to have the that our disabled veterans are receiv- monthly installments by the company is not qualifications described in section 3123 of ing the best vocational rehabilitation insured by the Federal Deposit Insurance title 38, United States Code, as added by sub- and employment services possible. Corporation;

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.043 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7021 ‘‘(iii) an explanation of the interest rate This bill was sponsored by one of our sure that they don’t ever feel that way earned on any such payment that is main- esteemed colleagues, Representative again. We need to make sure that 100 tained by the life insurance company or paid DEBBIE HALVORSON of Illinois, to en- percent of these survivors feel pro- in thirty-six equal monthly installments by sure that beneficiaries of the Service- tected and safe. the company and how such rate compares to My bill is endorsed by the American the interest rate earned by accounts at fi- members’ Group Life Insurance, SGLI, nancial institutions, including demand ac- receive financial counseling, greater Legion, the National Military Family counts; and disclosure information and other need- Association, the Military Officers As- ‘‘(iv) other relevant information. ed support concerning the proceeds of sociation of America, the Gold Star ‘‘(3) In order to be an eligible life insurance their SGLI life insurance benefits. Mrs. Wives of America, and on and on and company under this section, a life insurance HALVORSON acted very quickly in re- on. I have letters from all of them that company may not charge any fees to a bene- sponse to some of the publicity on this I would like to include in the RECORD. ficiary or other person otherwise entitled to and to some of the pain felt by the sur- However, I want to read an excerpt payment upon the establishment of a valid vivors. from the National Military Family As- claim under section 1970(a) of this title for sociation. any purpose, including for maintaining such Mr. Speaker, I yield such time as she payment with the company. may consume to the gentlewoman from It reads: ‘‘Dear Representative ‘‘(4) The Secretary shall include in each Illinois (Mrs. HALVORSON). Halvorson, the National Military Fam- annual performance and accountability re- Mrs. HALVORSON. I thank the ily Association has long been an advo- port submitted by the Secretary to Congress chairman for yielding. cate for improving the quality of life of information concerning— Mr. Speaker, I rise today on behalf of our military family members who have ‘‘(A) the number of individuals who re- military families and the surviving sacrificed greatly in support of our Na- ceived financial counseling under paragraph family members of our men and women tion. We are writing today in support (1)(A); who were killed in battle as they of H.R. 5993, which seeks to ensure that ‘‘(B) the number of individuals who re- insurance companies provide appro- ceived the disclosures under paragraph fought to defend our freedom. (1)(B); H.R. 5993 will help ensure that the priate information and financial coun- ‘‘(C) the type of information received by families of our soldiers killed in action seling to survivors who receive pay- such individuals during such counseling; and fully understand the benefits that they ments from the SGLI groups. ‘‘(D) any recommendations, complaints, or are entitled to, and it will help them ‘‘H.R. 5993, the Securing America’s other information with respect to such coun- comprehend the financial products Veterans Insurance Needs and Goals, seling that the Secretary considers rel- they are using. which is called the SAVINGS Act, evant.’’. As many of our colleagues know, Mr. which you have introduced, would (2) REGULATIONS.—The Secretary of Vet- mandate that the Secretary of Vet- erans Affairs shall prescribe regulations to Speaker, many of our soldiers participate in the Servicemembers’ Group erans Affairs require insurance compa- carry out section 1966(e) of title 38, United nies providing coverage through these States Code, as added by paragraph (1). Life Insurance program, or the SGLI, (b) OFFICE OF SURVIVORS ASSISTANCE.— as they fight overseas. The SGLI is in- programs to only provide counseling (1) ADVISORY ROLE.—Subsection (b) of sec- tended to provide our servicemembers and disclosure information to family tion 321 of such title is amended— and their families with low-cost life in- members of fallen soldiers. (A) by striking ‘‘The Office’’ and inserting surance under circumstances in which ‘‘The National Military Family Asso- ‘‘(1) The Office’’; and ciation is the leading nonprofit organi- most insurance companies would not (B) by adding at the end the following: zation committed to improving the take the risk of providing life insur- ‘‘(2) The Director of the Office shall attend lives of military families. Our over 40 ance coverage. In the tragic cir- each meeting of the Advisory Council on years of service and accomplishments cumstance that a soldier is killed in Servicemembers’ Group Life Insurance under have made us a trusted resource for section 1974 of this title.’’. action, the surviving family member is families and the Nation’s leaders. As (2) RESOURCES.—Subsection (d) of such sec- then entitled to a policy that helps the only nonprofit organization that tion is amended— ease some of the financial burdens left represents the families of the Army, (A) by striking ‘‘The Secretary’’ and in- behind. Navy, Air Force, Marine Corps, Coast serting ‘‘(1) The Secretary’’; and Currently, the beneficiary may re- (B) by adding at the end the following: Guard, the Commissioned Corps of the ceive the payment in the form of what ‘‘(2) In carrying out paragraph (1), the Sec- Public Health Service, and the Na- is called a ‘‘Retained Asset Account,’’ retary shall ensure that the Office has the tional Oceanic and Atmospheric Ad- which is administered by the insurance personnel necessary to serve as a resource to ministration, the association protects provide individuals described in paragraph company. These financial products are benefits vital to all families, including (1) and (2) of subsection (a) with information similar to a checking account in that on how to receive the Servicemembers’ those of the deployed, wounded, and they allow the beneficiary the ability fallen.’’ Group Life Insurance financial counseling to draw down the funds in increments pursuant to section 1966(e)(1) of this title.’’. until exhausted. b 1330 The SPEAKER pro tempore. Pursu- Unfortunately, there have been re- So as you can see, this is something ant to the rule, the gentleman from cent media reports highlighting that that is badly needed so that the fami- California (Mr. FILNER) and the gen- some beneficiaries did not fully under- lies know exactly what they have tleman from Indiana (Mr. BUYER) each stand that their money was being held available to them so that they can will control 20 minutes. in these accounts. I know I was out- make the best decision with those ben- The Chair recognizes the gentleman raged, as many of my colleagues were, efits. It focuses on making Congress from California. to hear about the lack of disclosure also better aware of what these SGLI GENERAL LEAVE and transparency, which is what we are programs are about. Mr. FILNER. Mr. Speaker, I ask fixing today—addressing disclosure, Again, let me be perfectly clear. unanimous consent that all Members transparency and accountability so Today we are strictly focused on dis- may have 5 legislative days to revise that our families know exactly what closure, transparency, financial coun- and extend their remarks and to in- they have coming to them. They didn’t seling, and oversight. And make no clude extraneous material on H.R. 5993, understand what these accounts were, mistake, we need to do more work on as amended. what was happening to their money improving the SGLI program. I think The SPEAKER pro tempore. Is there when it was sitting in these accounts we are all committed to doing that, objection to the request of the gen- and, three, that these accounts were and that is being done through inves- tleman from California? not FDIC-insured. This left the bene- tigations, through the VA, and through There was no objection. ficiaries feeling as though they were other committees of jurisdiction, but Mr. FILNER. I yield myself such being taken advantage of and that they we can’t wait. Our military families time as I may consume. were part of a financial scheme buried can’t wait. The families of our fallen Mr. Speaker, I rise in strong support in the fine print of their policies. soldiers cannot wait. of H.R. 5993, the Securing America’s The surviving family members of our Today, we have the opportunity to Veterans Insurance Needs and Goals, or fallen soldiers should never feel that move forward on an important protec- SAVINGS, Act. way. It is our responsibility to make tion for our military families, and this

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.023 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7022 CONGRESSIONAL RECORD — HOUSE September 28, 2010 is an urgent issue, and it absolutely insurance policies to obtain profits from the H.R. 5993, the Securing America’s Veterans needs to be our main focus. It is our re- families of fallen soldiers, The American Le- Insurance Needs and Goals (SAVINGS) Act, sponsibility to go above and beyond the gion supports proposed legislation which which you have introduced, would mandate seeks to ensure that insurance companies that the Secretary of Veterans’ Affairs (VA) call of duty. They sure have, and we are open and honest about the policies on need to protect these widows and or- require insurance companies providing cov- which so many military families rely. erage through the SGLI program to provide phans. This is one of the most impor- The legislation you recently introduced, financial counseling and disclosure informa- tant and solemn duties that we have as H.R. 5993, Securing America’s Veterans In- tion to family members of fallen soldiers. It surance Needs and Goals (SAVINGS) Act, Members of Congress. H.R. 5993 will would also require an annual report to Con- would mandate the VA Secretary to require help us fulfill that responsibility in a gress by the VA to make certain insurance those insurance companies offering coverage reasonable and effective manner. through the SGLI program to provide the companies are being responsive to military Before I close, I would like to thank beneficiaries of fallen soldiers with financial families. Chairman FILNER, Chairman HALL, as counseling and disclosure information. In ad- It is critical that these insurance policies well as all of our committee staff who dition, this Act would obligate the VA to provide more transparency, more disclosure, have worked so hard to move this legis- provide a report to Congress annually to en- and more information for military families. lation along, and we have all worked sure that those insurance companies are H.R. 5993 does that by guaranteeing the fam- hard on this bill. being responsive to military families. ilies of our fallen heroes access to oral and I urge my colleagues to stand with It is critical to insure complete trans- written financial counseling. This counseling parency, full disclosure, and increased infor- would assist family members in under- me—protect the families of our fallen mation be afforded to military families on soldiers—by voting ‘‘yes’’ on H.R. 5993. standing their options so that they can make insurance matters. This legislation would sound fiscal decisions during a most stressful GOLD STAR WIVES guarantee the families of our fallen heroes time. OF AMERICA, INC., have access to oral and written financial Thank you again for your support of our September 26, 2010. counseling. This counseling would better service members, retirees, veterans, their Chairman BOB FILNER, help family members understand their op- families, and survivors. Our contact, should House Committee on Veterans’ Affairs, Cannon tions so that they can make sound fiscal de- you have any questions, is Kathleen House Office Building, cisions during a stressful and harrowing period. Moakler, Government Relations Director, at Washington, DC. The American Legion supports H.R. 5993 as In light of recent news that insurance com- [email protected] or introduced so that we can protect the mili- panies could potentially use group life insur- 703.931.6632. tary families of our fallen soldiers. However, ance policies to profit from accounts it The National Military Family Association The American Legion has additional con- maintains for the families of fallen soldiers, is the leading non-profit organization com- cerns not addressed in the original bill which Gold Star Wives of America, Inc. supports mitted to improving the lives of military are equally as important. H.R. 5993. H.R. 5993 would ensure that insur- This legislation does not address Retained families. Our over 40 years of service and ac- ance companies authorized by VA to admin- Asset Accounts (RAA) for disbursement of complishments have made us a trusted re- ister SGLI accounts are fully open and hon- benefits. This is a common practice used by source for families and the Nation’s leaders. est about its practices for these policies on many insurers for distribution of benefits. As the only non-profit organization that rep- which so many servicemembers rely to en- However, The American Legion is concerned resents the families of the Army, Navy, Air sure financial security for their families. this method of disbursement may be a viola- Force, Marine Corps, Coast Guard, and the H.R. 5993, the Securing America’s Veterans tion of Title 38 USC § 1970(d) which requires Commissioned Corps of the Public Health Insurance Needs and Goals (SAVINGS) Act payments be in 36 monthly installments or Service and the National Oceanic and At- of 2010, introduced by Representative Debbie one lump sum. The practice should be either mospheric Administration, the Association Halvorson, would mandate that the Sec- stopped or the law needs to be changed. Of protects benefits vital to all families, includ- retary of Veterans Affairs require insurance further concern to The American Legion is ing those of the deployed, wounded, and fall- companies that provide coverage through the that this legislation does not address the en. Sevicemembers’ Group Life Insurance (SGLI) practice of the insurance company executing Sincerely, program, to offer financial counseling and the program making a profit on the account MARY SCOTT, improved disclosure information to family after the death of a service member and ac- Chairman, Board of Governors. members and survivors of fallen soldiers. It tually misrepresenting or over representing would also require an annual report to Con- the ‘‘interest bearing account,’’ benefit of Mr. FILNER. Mr. Speaker, at this gress by VA to ensure that insurance compa- the program to a payee. time, I guess I thank the gentlelady. nies are being responsive to military fami- It is standard policy of the insurance in- Within a day of the publicity that sur- lies and survivors and that the Office of Sur- dustry to reinvest the money not withdrawn rounded Prudential apparently not giv- vivors Assistance will be a greater resource by the payee and to collect interest on that in this effort. money. The insurer then passes on to the ing sufficient information, you had this It is critical that the options and informa- payee a small amount of the interest. While bill. You moved very quickly and very tion available for survivors offered under the legal and a common industry practice, it decisively, and it is going to help all of SGLI program involve more disclosure and should be forbidden by law in the case of the survivors and their families. Thank greater transparency. H.R. 5993 would do military members who have given their lives you so much for your quick action. that by guaranteeing that survivors of our for the nation. Precedence has been made in fallen heroes have access to oral and written setting aside veterans and military in the I reserve the balance of my time. financial counseling. This greater disclosure case of health care insurance and other enti- Mr. BUYER. Mr. Speaker, I rise in requirements and counseling would better tlements due to military service. The Amer- opposition, opposition to this bill. help survivors to understand their options so ican Legion feels that ALL interest received that they can make sound decisions during a on investments after servicemember’s death For that very moment, the chairman stressful and sorrowful time. should be passed on to the payees of the pol- compliments the gentlelady for having Gold Star Wives of America, Inc. supports icy. legislation immediately upon a con- H.R. 5993 so that we can do everything in our Sincerely, cern. It is so much like an American. power to protect the families and survivors JIMMIE L. FOSTER, We don’t even have the patience to fig- of our fallen soldiers. Their loved ones have National Commander. answered the call and their survivors deserve ure out where the problem is but let me tell you about our solution. these protections. NATIONAL MILITARY FAMILY Respectfully, ASSOCIATION, Now, what we’re supposed to do MARTHA M. DIDAMO, Alexandria, VA, September 23, 2010. around this place is do a little home- Board Chair, Gold Star Wives of America, Inc. Hon. DEBORAH L. HALVORSON, work, do a little investigation, find out House of Representatives, what’s going on, have the distillation THE AMERICAN LEGION, OFFICE OF Washington, DC. of the facts, find out what the facts are THE NATIONAL COMMANDER, DEAR REPRESENTATIVE HALVORSON: The Washington, DC, September 27, 2010. National Military Family Association has in the first place. Oh, no, no, no. Let’s Hon. DEBBIE HALVORSON, long been an advocate for improving the run out there and act like we are House of Representatives, Longworth House Of- quality of life of our military family mem- ‘‘doing something’’ when we don’t even fice Building, bers, who have sacrificed greatly in support know what the heck we’re doing. It’s Washington, DC. of our Nation. We are writing today in sup- the reason the American people get DEAR REPRESENTATIVE HALVORSON: In light port of H.R. 5993 which seeks to ensure that upset with us and they get upset with of recent news that insurance companies insurance companies provide appropriate in- contracted by the Department of Veterans formation and financial counseling to sur- this institution; especially now, when Affairs (VA) to administer the vivors who receive payments from the you get so close to an election, you Servicemembers’ Group Life Insurance pro- Servicemembers Group Life Insurance have to protect and guard yourself gram (SGLI) could potentially use group life (SGLI). against politics over substance.

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.049 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7023 This bill, by forcing it onto the floor They won’t deal with these impending unless, of course, we change the law at this moment in time, is exactly tax hikes that we’re going to have. I and expressly make the practice legal, that. This bill condones a controversial heard you say on the floor a few min- which Mrs. HALVORSON maintains she’s practice the VA called retained asset, utes ago that 40 percent of the reserv- not doing. But somehow, I don’t think or alliance accounts, for paying Serv- ists are coming back without jobs, and that full disclosure is going to occur. icemembers’ Group Life Insurance, all our friends across the aisle seem to b 1340 SGLI, proceeds to the families of de- want to do is to get home so they can ceased servicemembers. Now, we all campaign for their own job instead of I completely understand how my col- thought that the statute was being fol- doing something to remove the uncer- leagues might find all this rather con- lowed. It wasn’t. Someone years ago tainty that’s keeping small businesses fusing, and I don’t find it funny either. down at the VA changed it. from hiring new employees, many of I’m also confused by Mr. Chairman’s In the Veterans’ Affairs Committee, them veterans, many of them reserv- report statement after the Bloomberg we have not had adequate time to ad- ists coming back. article was released that he was out- dress the issues on this bill. There’s no We must do something about these raged, and the VA should demand an- record on which we base and form pol- tax hikes that are looming and provide swers. Did we get answers, and now ev- icy decision or evaluate the views of some certainty for small businesses, erything is all right? Did the VA’s self- the life insurance experts. None of us and I hope you agree with that. investigation resolve everything? had the opportunity to do that. Mr. BUYER. Reclaiming my time, The White House has also made a One of the executives from Pruden- the challenge before the body is we now statement, calling this an unacceptable tial came by the office. We had a very have legislation before us which is on business practice. Have the unaccept- good discussion about relevant con- an issue which is now being thrown able business practices been identified? cerns I can address a little bit later. into the courts, and we’ve got a statute Have they been stopped? Has some- The use of these accounts in place of that’s not being followed by the execu- thing changed, and now Congress the SGLI lump sum payment called for tive branch; and it is completely with- should mandate that the VA give spe- in the Federal statute is currently the in the rights of Congress to speak, but cific counseling on the ‘‘outrageous’’ subject of a Federal fraud lawsuit in we’ve got to be very careful. Do we un- and the ‘‘unacceptable’’ business prac- Boston by five plaintiffs against the derstand the scope and issues at hand? tice? That’s what this legislation does. Prudential Life Insurance Company. I submit we do not, and we are eagerly Mr. Speaker, this complex issue is di- Prudential is the VA’s contractor man- rushing something onto the floor. Let rectly before Congress in the form of aging the SGLI program and making me go a little bit further. H.R. 5993, as amended. We should not the payments. New York’s attorney My colleague Mrs. HALVORSON argues be effectively ratifying this practice by general has launched an investigation that this bill does not change the exist- requiring the VA to counsel bene- of Prudential as well. ing payment authority and does not ficiaries about it. Instead, we should My colleagues on the committee address the legality of retained asset give careful scrutiny and make sure we know next to nothing about a very accounts for SGLI purposes, but I’m understand it sufficiently to decide complex issue, its history, the con- also a lawyer, and I respectfully sug- whether to expressly authorize it in troversy surrounding it. Indeed, I gest that it may do just that. I am not the law for the future. Our service- would like to know more about it my- alone in my view with regard to this members and veterans and their fami- self before having to even vote on it. concern because I have been talking lies in the VA, Prudential, and life in- I’m learning something new almost with other lawyers about my legal surance experts should all have an op- every day I deal with this issue. The analysis of this present challenge. portunity to weigh in on the record. I issue requires careful deliberation by After the markup, one of the rep- want to make sure that it’s clear and the committee. We should not have to resentatives of one of the veterans that I’m not taking a position for or base decisions on media reports in service organizations, of whom I’ve had against the practice of retained asset Bloomberg or The Washington Post. disagreements with over the years, accounts. Ms. FOXX. Will the gentleman yield? came up to me and told me that he The real problem, as I see it, is that Mr. BUYER. I yield to the gentlelady agreed with the concerns. Members of the retained asset accounts now, as from North Carolina. the committee actually regret that I they have been questioned, are receiv- Ms. FOXX. Mr. Speaker, it’s my un- didn’t offer the amendment to actually ing scrutiny and appear not to match derstanding that this bill is being strip the bill, and I guess I never the payment authorized in the United brought to the floor in a rush without thought that this would actually come States Code. So when you pull out the there even being any hearings in the to the floor until these matters got ad- United States Code—and we’re talking committee. dressed. about the present statute—so you turn Mr. BUYER. Reclaiming my time, It’s laudable to require the VA to to title 38, section 1790, and then you when we marked up the bill in the com- counsel SGLI beneficiaries on their turn to (d). It says: ‘‘The member may mittee, I raised very pertinent issues. I benefits, the payment methods avail- elect settlement of an insurance under sought to work with the author of the able to them. It’s very clear in the this subchapter either in lump sum or bill. She had no interest in working out statute, very clear already in the stat- in 36 equal monthly installments.’’ It an amendment on the language. I ute, but this bill goes a lot further and doesn’t say anything in the statute thought what would happen is, well, I specifically requires counseling about about retained asset accounts. Now, won’t offer the amendment in the com- something the bill euphemistically why is that? Go back to legislative his- mittee. We’ll work this matter out as terms, quote, maintaining the pay- tory. When this statute was written we learn more. ment, end quote. Now, what is that? back in the mid-1960s, there as no such The chairman even spoke about this What do you mean ‘‘maintaining the thing as a retained asset account. week we were to have done a hearing payment’’? The statute is already very So what has changed? There is a on this bill. We get notice on Friday clear what you’re to do with the money commonly accepted business practice that they want to bring it to the floor. when it comes to widows and orphans in America with regard to retained We’re supposed to be doing a hearing or other beneficiaries. This is a ref- asset accounts. Now, in the latter part on the bill this week before we bring it erence to the retained asset account of the 1990s, the VA struck an agree- to the floor. But what’s happening is is payment method without calling it ment with Prudential then to adopt this body, called Congress, is in a that. that business practice. But what they panic. I think it is reasonable to ask how did is they adopted a business practice I yield to the gentlelady. Congress can tell the VA to counsel that is contradictory to the United Ms. FOXX. Well, I think, again, we’re anyone about Prudential’s practice States Code, the statute. So this bill seeing that the House Democrats are that may be illegal without well in- before us is about to say, the VA proving not only that they’ve run out forming them of what Prudential is should provide counsel to the bene- of ideas but they’ve run out of the will doing may be illegal and is being chal- ficiaries about a business practice that to govern. They won’t make a budget. lenged in a Federal class action today is not even legal. That’s like saying,

VerDate Mar 15 2010 02:48 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.050 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7024 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Okay, in title 10, it is illegal to smoke The entire settlement process is dignified I yield to the gentleman. marijuana, but in another statute Con- and respectful of the individuals involved. Mr. BUYER. September 13, 2010. gress is going to provide counseling on The specific approaches that VA, working Mr. FILNER. I thank the gentleman in consultation with other Agencies, has de- from Indiana. the proper use of an illegal substance. termined it will pursue in the near term are: And you say, Steve that’s crazy. You VA will provide better clarity of payment The ranking member and I have no are absolutely right, that’s crazy, and options by using a new Claim Form that re- disagreement that this law before us is that’s why this legislation before us quires the beneficiary to affirmatively not about substance. There is an inves- today is crazy. We should not be saying choose one of three clear payment options: tigation ongoing. Our committee is in- we’re going to provide counseling with Lump Sum Alliance Account (Retained vestigating. We will have hearings on regard to some agreement that the ex- Asset Account). this. But it’s not politics over sub- Lump Sum Payment—Paid out in full via a ecutive branch struck that’s in con- check sent to the beneficiary. VA is explor- stance. It’s accountability trans- tradiction to the statute. ing Electronic Funds Transfer (EFT). parency over substance. And all of the Now, you’ve got the VA and Pruden- 36 Monthly Installments—Paid out in full leading organizations which have to tial. Immediately they do a powwow. via monthly installments, as mandated by deal with the beneficiaries, with the Oh, my gosh, we’ve got a problem. law, sent to the beneficiary (this three year survivors of those killed in action sup- We’ve got to try to define this. The payout option has always been available to port this bill. The National Military White House has made a statement. beneficiaries). Family Association, the Gold Star If the beneficiary does not select an option, Ooh, it says ‘‘unacceptable.’’ We’ve got Wives, amongst others. to figure out—come together and the SGLI Program will utilize the AA. The AA provides immediate access to funds, So this legislation is about trans- strike an agreement. while permitting beneficiaries the time nec- parency. It’s about accountability. It’s This is Groundhog Day, Mr. Speaker. essary to study their options and make de- about disclosure. It’s about people un- The agreement that the executive liberate, responsible financial decisions. derstanding the process. This bill branch struck with an insurance com- In addition: A VA-supplied letter will be doesn’t condone anything. It just says pany back in the latter part of the enclosed with every Claim Form and every that those grief-stricken survivors 1990s was not authorized for them to do AA Kit that will explain in a clear and com- know what’s happening to them under plete manner: because the statute says how SGLI the procedure that we have. Whether payments are to go directly to bene- That the insurance proceeds have been deposited into an interest bearing account at it’s a proper procedure, whether it’s ficiaries. It doesn’t say you can do rates competitive with similar types of ‘‘de- based on an illegal account is some- three or four other types of payment mand accounts’’ (e.g., checking, money mar- thing that the courts are working out schedules. It only says two of them. ket, etc.). and we’re investigating. You either give them a lump sum or The current interest rate and the fact that Right now everybody just wants to you do 36 monthly installments. It’s the interest rate may vary over time. know what is going on and to have the very clear. That the beneficiary can immediately write a ‘‘check’’ for the entire payment or insurance company, Prudential, dis- So this agreement is just as worth- close everything in advance so a deci- less as the agreement they struck in any lesser amount. That AA funds are retained by Prudential sion can be made by the grief-stricken the 1990s when it comes to the law. I until paid out. survivors. That is all we are doing in guess maybe it makes them feel better. That while AA is not FDIC insured; it is this bill, and it is needed. It is, in fact, Maybe they hope that it takes the heat backed by Prudential and State Guaranty demanded by those who represent the off. This thing, this agreement is about Associations. The National Association of survivors that we act quickly to give politics, it is about substance and le- Insurance Commissioners has established the some measure of accountability and gality, and it is about public relations. following Web site for additional consumer _ disclosure to those beneficiaries. We But if you really want it to be about information: http://www.naic.org/consumer need this bill, and we need it now. the law, then what we should do is look military insurance.htm That free, professional independent finan- I reserve the balance of my time. at the law; and we need to say, Okay, cial counseling is available to all bene- Mr. BUYER. I yield myself such time then maybe you need to amend the ficiaries for a period of two years or as long as I may consume. Code. If you have to amend the Code to as they have funds remaining in their AA. Here is our challenge. I don’t know say, We want to permit retained asset VA will also take the following actions: what about these other groups, Mr. accounts, then that is, in fact, what we VA will require Prudential to conduct a Chairman, that you have had a chance should be doing. follow up contact with beneficiaries whose accounts remain open after six months to to talk to. I just spoke to the new U.S. DEPARTMENT OF VETERANS AFFAIRS (VA) confirm beneficiary understands the terms of chairman of the American Legion. FACT SHEET the account. Mr. FILNER. Mr. Speaker, how much Actions for Improving the Alliance Account All SGLI/VGLI related information, in- Program, September 13, 2010 time does each side have? cluding FAQ’s, Web site information, hand- The SPEAKER pro tempore. The gen- VA takes seriously the concerns raised re- books, etc. will be modified to clearly and 1 garding the Alliance Accounts (AA) and has completely explain all aspects of the AA and tleman from California has 9 ⁄2 minutes reviewed the program to ensure that bene- all options available to the beneficiary. remaining. The gentleman from Indi- ficiaries are protected, being treated fairly, VA will clearly designate the source of cor- ana has 81⁄2 minutes remaining. and accorded the utmost care and respect. A respondence by removing the SGLI seal from Mr. BUYER. I am going to take all of full explanation of terms up-front, education all ‘‘checks’’, forms, and correspondence and it. I will even take your time, if you about options, and financial counseling to replacing it to show that it is from Pruden- will give it to me. assist in decision making will provide the tial, with the subtitle of ‘‘Office of You know, you can stand up and say, transparency that will continue to ensure Servicemembers’ Group Life Insurance’’. Well, this veterans group supports it, confidence in this important program. VA will identify additional opportunities By the end of October, 2010, VA will make to encourage beneficiaries to use the free fi- and this one doesn’t. You cited the the following modifications to ensure: nancial counseling service. American Legion. I just spoke to a All benefits due under Servicemembers’ VA will, in coordination with DoD, im- brand-new commander of the American Group Life Insurance (SGLI) or Veterans’ prove support to Casualty Assistant Officers Legion who supports my position, so I Group Life Insurance (VGLI) policies are re- and Transition Assistance Program (TAP) don’t know what the disconnect is. ceived by the beneficiaries in a secure, time- Personnel by helping to prepare additional I can assure you, now that I am ly manner. training materials and instruction. speaking about the fact that there is a Beneficiaries are enabled in making delib- VA continues to carefully monitor this erate and responsible decisions with the as- program and remains committed to making legal problem, the fact that I informed sets they receive. any improvements necessary to ensure that the executive of Prudential with regard Beneficiaries making financial decisions Servicemember and Veteran beneficiaries to this way forward that you have have been educated and assisted in under- are well-protected. signed with the VA does not get you standing the complex issues before them. I reserve the balance of my time. out of the hot water that you are in. They will be made comfortable in com- Mr. FILNER. Mr. Speaker, I yield There is a legal problem here. And the petently managing benefits in accordance four corners of the document that we with their own time lines. myself such time as I may consume. Options available to the beneficiaries will By the way, I didn’t see a copy of the have before us is actually legislation be clear, competitive, and at no cost to the agreement. What is the date of that that uses this clever and artful lan- beneficiary. agreement, Mr. BUYER? guage about maintaining the lump sum

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.057 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7025 payment. What do you mean, ‘‘main- and the report to explain in greater de- require insurance companies that pro- taining the lump sum payment’’? It’s tail the legality of what I feel that we vide coverage through this program to almost like a code word for saying, We are facing, and I will do everything in offer financial counseling and improved want to maintain our current business my power to ensure that this bill does disclosure of information to family practice of the retained asset account not become law until it is fixed. members and survivors. because that’s what the way forward Mr. Speaker, I yield back the balance ‘‘It is critical that the options and agreement is. It’s very clever. This is of my time. information available for survivors of- very wrong. Mr. FILNER. Mr. Speaker, we had a fered under the SGLI program involve Here is what we ought to do, Mr. little lecture on the suspension cal- more disclosure and greater trans- Speaker. I have never done this before endar, which is supposed to be items of parency. H.R. 5993 would do that by on the House floor with anyone in my consensus. This item was discussed and guaranteeing that survivors of our fall- 18 years, but I am going to ask this of voted on by our committee. If I recall, en heroes have access to oral and writ- Chairman FILNER: Would the gen- there was one ‘‘no,’’ the ranking mem- ten financial counseling. These greater tleman ask that this legislation be ber. There were no other ‘‘no’’ votes. disclosure requirements and counseling pulled from the floor at this time so we The ranking member confuses his sin- would better help survivors to under- may work out the details rather than gular and personal opposition to the stand their options so that they make having this heated debate? You said fact that, oh, I guess everybody dis- sound decisions during a stressful and that you would have a hearing on it. agrees with it. No, this came out of our sorrowful time. Let’s go have a hearing. Let’s work committee with one ‘‘no’’ vote. So the ‘‘Gold Star Wives of America sup- this out with our leading experts, and gentleman just doesn’t understand ports H.R. 5993 so that we can do every- let’s bring a work product to the floor what consensus means. He thinks if he thing in our power to protect the fami- that we can be proud of. And I want to alone is against it—as I recall, he was lies and survivors of our fallen soldiers. ask the gentleman if he would with- the only one in this whole body that Their loved ones have answered the draw this legislation. voted against a truly interesting new call and their survivors deserve these I yield to the gentleman. way to approach financing, and that protections.’’ was advanced appropriations. GOLD STAR WIVES OF b 1350 Mr. Speaker, the gentleman gave us a AMERICA, INC., Mr. FILNER. The gentleman stands lecture on suspension calendar and Bellevue, NE, September 26, 2010. behind Mrs. HALVORSON’s bill, and we consensus. He was the only ‘‘no’’ vote. Chairman BOB FILNER, will not withdraw it. Committee on Veterans’ Affairs, Cannon House He was the only ‘‘no’’ vote when we had Office Building, Washington, DC. Mr. BUYER. Well, all right. Reclaim- advance appropriations. Everybody else In light of recent news that insurance coming my time, this was a very good mo- is wrong but the gentleman. panies could potentially use group life insur- ment for bipartisanship, to actually This bill, as I said before, and as Mrs. ance policies to profit from accounts it bring a work product to the floor that HALVORSON said very distinctly and maintains for the families of fallen soldiers, we could all agree on. And I am greatly very eloquently, is about disclosure, Gold Star Wives of America, Inc supports disappointed, BOB, that you made that accountability, transparency. The sur- H.R. 5993. H.R. 5993 would ensure that insur- judgment call. But this is not right. ance companies authorized by VA to admin- vivors need to know what is going on. ister SGLI accounts are fully open and hon- This isn’t right at all. We will, as the gentleman requested, est about its practices for these policies on The suspension calendar, Mr. Speak- have and are pursuing the investiga- which so many servicemembers rely to en- er, is supposed to be for legislation tion. We are pursuing whether the so- sure financial security for their families. that is noncontroversial. It is supposed called retained asset account is the H.R. 5993, the Securing America’s Veterans to be for legislation that the parties legal structure that should happen. Insurance Needs and Goals (SAVINGS) Act have worked out in a collegial manner, The VA is pursuing that. And we will of 2010, introduced by Representative Debbie not to take something for which there Halvorson, would mandate that the Sec- get to that. retary of Veterans Affairs require insurance is utter and complete disagreement, But right now, right now, as men and companies that provide coverage through the not to take something that there have women are dying in action, their sur- Sevicemembers’ Group Life Insurance (SGLI) been no hearings on, not to take an vivors need to know what is going on. program, to offer financial counseling and issue that it now finds itself in attor- We can’t wait for this process to go on improved disclosure information to family ney generals’ investigations and class and on and on and on, especially when members and survivors of fallen soldiers. It action lawsuits, and we are just going they face a huge insurance company. would also require an annual report to Con- to, like, bring it to the floor, even The gentleman asked what organiza- gress by VA to ensure that insurance compa- though we are going to pass a statute nies are being responsive to military fami- tions support us. The American Legion lies and survivors and that the Office of Sur- that is in complete contradiction of an has a letter supporting us. I didn’t hear vivors Assistance will be a greater resource existing statute. What are we doing? any letter that the gentleman had. As in this effort. I mean, this is really a time-out mo- Mrs. HALVORSON read, the National It is critical that the options and informa- ment here. This is a time-out moment, Military Families Association supports tion available for survivors offered under the Mr. Speaker. And it is very, very both- this bill. And the Gold Star Wives of SGLI program involve more disclosure and ersome to me that something like this America, the preeminent group that greater transparency. H.R. 5993 would do would be placed on the suspension cal- works for the benefit of survivors of that by guaranteeing that survivors of our fallen heroes have access to oral and written endar, especially when this was the those who are killed in action, has sent financial counseling. This greater disclosure week in which we were supposed to be us the following letter: requirements and counseling would better holding hearings on it. ‘‘In light of the recent news that in- help survivors to understand their options so I know, Mr. Speaker, that you are surance companies could potentially that they can make sound decisions during a anxious to get out of here and you use group life insurance policies to stressful and sorrowful time. want us to adjourn for an election, but profit from accounts it maintains for Gold Star Wives of America, Inc supports don’t take legislation to the floor that families of fallen soldiers, Gold Star H.R. 5993 so that we can do everything in our power to protect the families and survivors is not properly prepared for the floor. Wives of America supports H.R. 5993. It of our fallen soldiers. Their loved ones have And you have permitted that to occur, would ensure that insurance companies answered the call and their survivors deserve and that is not right. It is wrong, in my authorized by VA to administer the these protections. book. SGLI accounts are fully open and hon- Respectfully, But you are the majority, and you est about its practices for those poli- MARTHA M. DIDAMO, have actually been able to show that cies on which so many servicemembers Board Chair, you can do as you please, and the rules rely to ensure financial security for Mr. Speaker, in support of H.R. 5993, as don’t always matter, I guess, around their families. amended, I am submitting letters of support here. ‘‘The bill, the SAVINGS Act intro- from The American Legion, Veterans of For- But I want the RECORD to reflect my duced by Representative Debbie eign Wars of the United States, Gold Star views on what is happening here. Also, Halvorson of Illinois, would mandate Wives of America, Inc., and the National Mili- I will file additional views with the bill that the Secretary of Veterans Affairs tary Family Association.

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THE AMERICAN LEGION, VETERANS OF FOREIGN WARS that by guaranteeing that survivors of our OFFICE OF THE NATIONAL COMMANDER, OF THE UNITED STATES, fallen heroes have access to oral and written Washington, DC, September 27, 2010. Washington, DC, September 28, 2010. financial counseling. This greater disclosure Hon. DEBBIE HALVORSON, Hon. DEBORAH HALVORSON, requirements and counseling would better House of Representatives, House of Representatives, help survivors to understand their options so Washington, DC. Washington DC. that they can make sound decisions during a DEAR CONGRESSWOMAN HALVORSON: On be- stressful and sorrowful time. DEAR REPRESENTATIVE HALVORSON: In light half of the 2.1 million members of the Vet- Gold Star Wives of America, Inc supports of recent news that insurance companies erans of Foreign Wars and its Auxiliaries, I H.R. 5993 so that we can do everything in our contracted by the Department of Veterans would like to offer our support for H.R. 5993, power to protect the families and survivors Affairs (VA) to administer the the Securing America’s Insurance Needs and of our fallen soldiers. Their loved ones have Servicemembers’ Group Life Insurance pro- Goals (SAVINGS) Act. answered the call and their survivors deserve gram (SGLI) could potentially use group life In light of recent disclosures that insur- these protections. insurance policies to obtain profits from the ance companies could potentially profit from Respectfully, families of fallen soldiers, The American Le- their holding of funds guaranteed to the fam- MARTHA M. DIDAMO, gion supports proposed legislation which ilies of fallen soldiers through the Veterans Board Chair, seeks to ensure that insurance companies Group Life Insurance (VGLI) plan, we believe are open and honest about the policies on this legislation is necessary to reassure fam- NATIONAL MILITARY FAMILY which so many military families rely. ilies of the fallen by ensuring insurance com- ASSOCIATION, The legislation you recently introduced, panies are open and honest about the policies Alexandria, VA, September 23, 2010. H.R. 5993, Securing America’s Veterans In- on which so many military families rely. Hon. DEBORAH L. HALVORSON, surance Needs and Goals (SAVINGS) Act, H.R. 5993 would mandate that the Sec- House of Representatives, would mandate the VA Secretary to require retary of Veterans Affairs require that insur- Washington, DC. DEAR REPRESENTATIVE HALVORSON: The those insurance companies offering coverage ance companies that provide coverage National Military Family Association has through the SGLI program to provide the through the VGLI program provide measures to ensure transparency, financial counseling long been an advocate for improving the beneficiaries of fallen soldiers with financial quality of life of our military family mem- counseling and disclosure information. In ad- and disclosure information to family members of fallen soldiers. This counseling, both bers, who have sacrificed greatly in support dition, this Act would obligate the VA to of our Nation. We are writing today in sup- provide a report to Congress annually to en- in writing and during in-person counseling sessions with trained professionals, would port of H.R. 5993 which seeks to ensure that sure that those insurance companies are insurance companies provide appropriate in- being responsive to military families. better help family members understand their options so that they can make sound fiscal formation and financial counseling to survivors who receive payments from the It is critical to insure complete trans- decisions during a stressful and harrowing Servicemembers Group Life Insurance parency, full disclosure, and increased infor- period. It would also require an annual re- (SGLI). mation be afforded to military families on port to Congress by the VA to ensure that in- insurance matters. This legislation would H.R. 5993, the Securing America’s Veterans surance companies are being responsive to Insurance Needs and Goals (SAVINGS) Act, guarantee the families of our fallen heroes military families. which you have introduced, would mandate have access to oral and written financial Beneficiaries of the VGLI program have that the Secretary of Veterans’ Affairs (VA) counseling. This counseling would better made tremendous sacrifices, and we must do require insurance companies providing cov- help family members understand their op- everything in our power to protect them erage through the SGLI program to provide tions so that they can make sound fiscal de- from any unscrupulous entities or practices financial counseling and disclosure informa- cisions during a stressful and harrowing pe- that would seek to take advantage of their tion to family members of fallen soldiers. It riod. tragic fortunes. The VFW looks forward to would also require an annual report to Con- The American Legion supports H.R. 5993 as working with you and your staff on this and gress by the VA to make certain insurance introduced so that we can protect the mili- other measures to properly care for our vet- companies are being responsive to military tary families of our fallen soldiers. However, erans and their families. families. The American Legion has additional con- Sincerely, It is critical that these insurance policies GERALD T. MANAR, cerns not addressed in the original bill which provide more transparency, more disclosure, Deputy Director, are equally as important. and more information for military families. National Veterans Service. H.R. 5993 does that by guaranteeing the fam- This legislation does not address Retained ilies of our fallen heroes access to oral and Asset Accounts (RAA) for disbursement of GOLD STAR WIVES OF written financial counseling. This counseling benefits. This is a common practice used by AMERICA, INC., would assist family members in under- many insurers for distribution of benefits. Bellevue, NE, September 26, 2010. standing their options so that they can make However, The American Legion is concerned Chairman BOB FILNER, sound fiscal decisions during a most stressful this method of disbursement may be a viola- House Committee on Veterans’ Affairs, Wash- time. tion of Title 38 USC § 1970(d) which requires ington, DC. Thank you again for your support of our payments be in 36 monthly installments or In light of recent news that insurance com- service members, retirees, veterans, their one lump sum. The practice should be either panies could potentially use group life insur- families, and survivors. Our contact, should stopped or the law needs to be changed. Of ance policies to profit from accounts it you have any questions, is Kathleen further concern to The American Legion is maintains for the families of fallen soldiers, Moakler, Government Relations Director. that this legislation does not address the Gold Star Wives of America, Inc supports The National Military Family Association practice of the insurance company executing H.R. 5993. H.R. 5993 would ensure that insur- is the leading non-profit organization com- the program making a profit on the account ance companies authorized by VA to admin- mitted to improving the lives of military after the death of a service member and ac- ister SGLI accounts are fully open and hon- families. Our over 40 years of service and actually misrepresenting or over representing est about its practices for these policies on complishments have made us a trusted re- the ‘‘interest bearing account,’’ benefit of which so many servicemembers rely to en- source for families and the Nation’s leaders. the program to a payee. sure financial security for their families. As the only non-profit organization that rep- H.R. 5993, the Securing America’s Veterans resents the families of the Army, Navy, Air It is standard policy of the insurance in- Insurance Needs and Goals (SAVINGS) Act Force, Marine Corps, Coast Guard, and the dustry to reinvest the money not withdrawn of 2010, introduced by Representative Debbie Commissioned Corps of the Public Health by the payee and to collect interest on that Halvorson, would mandate that the Sec- Service and the National Oceanic and At- money. The insurer then passes on to the retary of Veterans Affairs require insurance mospheric Administration, the Association payee a small amount of the interest. While companies that provide coverage through the protects benefits vital to all families, includ- legal and a common industry practice, it Sevicemembers’ Group Life Insurance (SGLI) ing those of the deployed, wounded, and fall- should be forbidden by law in the case of program, to offer financial counseling and en. military members who have given their lives improved disclosure information to family Sincerely, for the Nation. Precedence has been made in members and survivors of fallen soldiers. It MARY SCOTT, setting aside veterans and military in the would also require an annual report to Con- Chairman, Board of Governors. case of health care insurance and other enti- gress by VA to ensure that insurance compa- Mr. Speaker, I yield back the balance tlements due to military service. The Amer- nies are being responsive to military fami- of my time. ican Legion feels that ALL interest received lies and survivors and that the Office of Sur- The SPEAKER pro tempore. The on investments after servicemember’s death vivors Assistance will be a greater resource question is on the motion offered by should be passed on to the payees of the pol- in this effort. icy. It is critical that the options and informa- the gentleman from California (Mr. Sincerely, tion available for survivors offered under the FILNER) that the House suspend the JIMMIE L. FOSTER, SGLI program involve more disclosure and rules and pass the bill, H.R. 5993, as National Commander.L greater transparency. H.R. 5993 would do amended.

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.048 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7027 The question was taken. purchased by the Federal Government immigration that Arizona and Massa- The SPEAKER pro tempore. In the will be made right here in the United chusetts agree on is that employers opinion of the Chair, two-thirds being States, ensuring that tax dollars used should E-Verify, not just to make sure in the affirmative, the ayes have it. for these purchases will stay here in that those who are here legally are Mr. BUYER. Mr. Speaker, on that I our economy. working, but also to make sure that we demand the yeas and nays. H.R. 2853 was introduced by our col- do not prejudge employees before. One The yeas and nays were ordered. league, the gentleman from Iowa, Rep- of the great things is that E-Verify The SPEAKER pro tempore. Pursu- resentative BRUCE BRALEY, on June 12, doesn’t ask the employer to make a de- ant to clause 8 of rule XX and the 2009. It was referred to the House Com- termination based on just sheer obser- Chair’s prior announcement, further mittee on Oversight and Government vation is somebody a U.S. citizen or a proceedings on this motion will be Reform, which ordered the measure re- foreign national; it treats everybody postponed. ported by unanimous consent on July equally. I think that is one of the big f 28, 2010. successes here. This bill requires that all flags of the So I would just like to say, again, I b 1400 United States of America, of any size, think one of the big successes of this ALL-AMERICAN FLAG ACT purchased by the Federal Government bill is not just that the American peo- be 100 percent manufactured here in ple will know that the flags that fly Mr. DRIEHAUS. Mr. Speaker, I move the United States. This also includes over our Capitol are made in America, to suspend the rules and pass the bill any articles, materials, or supplies with American material and with legal (H.R. 2853) to require the purchase of used to manufacture or produce those Americans, but the fact is symbolic of domestically made flags of the United flags. Those materials must all be pro- the success of the majority supporting States of America for use by the Fed- duced here. This represents a vast im- my amendment, and that this bill will eral Government, as amended. provement over existing law, which actually show, too, that: America, we The Clerk read the title of the bill. only requires 50 percent of these mate- can agree on one thing on immigration, The text of the bill is as follows: rials to be American made. and that is that E-Verify seems to be a H.R. 2853 Mr. Speaker, H.R. 2853 ensures that success that all of us can get around. Be it enacted by the Senate and House of Rep- the flag of this country, flown by this Mr. Speaker, I yield 11⁄2 minutes to resentatives of the United States of America in country, will be made in this country. the gentlewoman from North Carolina Congress assembled, I would like to thank my colleagues (Ms. FOXX). SECTION 1. SHORT TITLE. for their hard work on this bill, and I Ms. FOXX. Mr. Speaker, I appreciate This Act may be cited as the ‘‘All-Amer- encourage them to join me in sup- my colleague from California’s yielding ican Flag Act’’. porting this commonsense legislation. the time. SEC. 2. REQUIREMENT FOR PURCHASE OF DO- I reserve the balance of my time. We are requiring flags to be made in MESTICALLY MADE UNITED STATES Mr. BILBRAY. Mr. Speaker, I yield the United States because our col- FLAGS FOR USE BY FEDERAL GOV- ERNMENT. myself such time as I may consume. leagues say they are concerned about Only such flags of the United States of I would like to thank the author of jobs. Well, House Republicans are also America, regardless of size, that are 100 per- the bill and the committee working on very much concerned about jobs in this cent manufactured in the United States, this. I think that we have been able to country, and we have been listening to from articles, materials, or supplies 100 per- not only address the issue of where the American people. cent of which are grown, produced, or manu- flags are made and what material goes Unemployment near 10 percent is one factured in the United States, may be ac- into those flags but, because of the of the chief concerns of the people in quired for use by the Federal Government. overwhelming bipartisan support for this country, so they want to know SEC. 3. REQUIREMENT TO USE WORKERS AU- my amendment, we are also going to why Democrats are allowing both THORIZED TO WORK IN THE UNITED make sure that those flags are made by STATES. chambers to adjourn this week without In carrying out section 2, the Federal Gov- legal Americans. I think that is some- stopping this massive $3.9 trillion tax ernment may purchase flags only from a thing that was overlooked. In fact, if I increase that will hurt small busi- manufacturer that certifies that— remember right, the vote in committee nesses and kill more jobs. (1) the manufacturer does not employ was unanimous except for one vote; Our friends across the aisle can ad- aliens who are not authorized to be employed let’s say that. I think that bipartisan journ the House this week and walk in the United States; and support for the fact that we want flags away from their responsibility to gov- (2) the manufacturer participates in the E- flying over our Capitol that are made ern, or Speaker PELOSI could allow full Verify Program under section 401 of the Ille- in America, with American material and open debate on tax increases before gal Immigration Reform and Immigrant Re- and by Americans who are legally here, sponsibility Act of 1996 (8 U.S.C. 1324a note). this House is adjourned. We want an was a great message to send. I think up-or-down vote now. We can’t allow SEC. 4. EFFECTIVE DATE. that is the kind of bipartisan support Section 2 shall apply to purchases of flags the American people and small busi- made on or after 180 days after the date of and consensus that the American peo- nesses to face this uncertainty. the enactment of this Act. ple have been asking about for a long We were elected to serve the people time. in our districts, not to put our personal The SPEAKER pro tempore. Pursu- I think that one of the things that we ant to the rule, the gentleman from political gain ahead of our constitu- clarify here is that, with the amend- ents’ welfare. Certainly, we want to Ohio (Mr. DRIEHAUS) and the gen- ment that the majority accepted from make efforts to keep jobs in America, tleman from California (Mr. BILBRAY) me, we were able to point out that each will control 20 minutes. such as through bills like this one, but there may be a lot of disagreements especially by giving certainty to busi- The Chair recognizes the gentleman about the immigration issue, a lot of from Ohio. nesses. differences about where jobs go, but if Let’s vote before we adjourn to ex- GENERAL LEAVE there is one place that we can kind of tend tax cuts for all Americans. No Mr. DRIEHAUS. Mr. Speaker, I ask meet together, the one thing that family and no job-creating small busi- unanimous consent that all Members seems to be working, a very moderate ness owner should face a tax increase may have 5 legislative days within consensus builder, was the success of on January 1. which to revise and extend their re- E-Verify. One place the Bush adminis- Mr. DRIEHAUS. I yield myself such marks. tration and the Obama administration time as I may consume. The SPEAKER pro tempore. Is there agrees on: The expansion of E-Verify as Mr. Speaker, again, this bill is about objection to the request of the gen- being the minimum standard that we creating American flags in the United tleman from Ohio? make sure employers take, including States of America purchased by the There was no objection. those who are making the flags for our Federal Government. Mr. DRIEHAUS. I yield myself such country that are going to fly over this I very much appreciate the gentle- time as I may consume. Capitol. lady’s concern over small businesses Mr. Speaker, H.R. 2853, the All-Amer- I think the only place that I can ac- and business creation. That is why this ican Flag Act, ensures that the flags tually think about when it comes to House and the Senate came together

VerDate Mar 15 2010 06:03 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.063 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7028 CONGRESSIONAL RECORD — HOUSE September 28, 2010 and passed the Small Business bill last 2008, when we saw the loss of 3 million KING’s New IDEA bill, H.R. 3580. It is week, which the President signed yes- jobs in this economy. the most moderate, it is the most com- terday, creating more jobs and small I don’t call saving and creating 3.5 monsense proposal you can put for- businesses, allowing capital to flow million jobs a failure, and I would chal- ward. All it says is before an employer into small businesses through our com- lenge her to come to Cincinnati and can deduct the expense of hiring some- munity banks. It is a step in the right look those workers in the face that are body, they darn well ought to take the direction to create businesses here in working on I–75, that are working on time to check that they are legally in the United States. I am pleased that we the Banks Project, and suggest to them the country. That, I think, is some- passed it. I am sorry that the Repub- that their paychecks are a failure of thing that we can agree on. licans didn’t join us in that vote and the Federal Government. I would love to see that before we ad- support for small businesses. I reserve the balance of my time. journ, and maybe when we come back, Again, I will remind the gentlelady Mr. BILBRAY. I yield myself such that we meet at that middle ground that small businesses benefit from the time as I may consume. and show the American people that we health care bill as well, getting a tax Mr. Speaker, we can talk about suc- not only can stand up and make sure credit for providing health insurance cesses and failures. Some people think that flags are made legally in this for their employees for the first time. that the stimulus package costing country, but we can take this step to The small business community had $200,000 per job, on average, is not make sure that employers who are been shut out of the process of receiv- something that is sustainable. But let’s breaking the law by hiring people ille- ing tax credits for providing health in- talk about something we can agree is a gally are not given a tax deduction for surance. I am proud of what we have success, and that is we were able to it. I think that is one place that Re- done for small businesses here in this meet on this bill. Sadly, it is one of publican and Democrats can join to- Congress and will continue to work on those few things we have been able to gether and be Americans when it comes behalf of small businesses. reach across the aisle and work on— to these issues. I reserve the balance of my time. that the flags not only that are flown Mr. Speaker, we have no other speak- Mr. BILBRAY. Mr. Speaker, I yield over this Capitol and around the coun- ers at this time; so I will just close by 30 seconds to the gentlewoman from try, but as somebody who had the saying I think we have had a good dis- North Carolina (Ms. FOXX). privilege and the honor of having the cussion here. There are agreements and Ms. FOXX. Mr. Speaker, unfortu- flag that was on my father’s casket fly disagreements, but I think we found an nately, our colleagues across the aisle and be hung in my office, this will agreement here. After all, if Americans are stuck on failure, the bailouts, one mean that the men and women who cannot get together and agree that after the other. Last week, the bill served for the military and fought for American flags should be made with that was passed here, the $30 billion, is the freedoms and for the free enterprise American material in the United another bailout of banks. It is a fail- system that makes our freedoms pos- States by legal Americans, my God, ure. Everything that our friends across sible will be able to be sure that they what can we agree on? I think this is one thing that may be the aisle—mostly recommended by the will not be covered with a flag made in small, most people won’t think it is a President, have failed. Our unemploy- China. big deal, but hopefully this is a proto- ment rate, which was never supposed b 1410 type and a blueprint for Democrats and to go above 8 percent, based on the Republicans getting together and stimulus, is at almost 10 percent. They will not have slave labor mak- Your ways of doing this are to keep ing the Stars and Stripes that are laid agreeing to be Americans first and vot- the American people under the control over their casket; that the sacred oath ing together and passing the kind of of the government. Tax credits make we make to them in so many different laws the American people have been them beholden. That is not the way to ways will include that the honor of a waiting for for a long time. Mr. Speaker, I yield back the balance do it. No tax increases is the way to do military funeral and having the Na- tion’s colors draped over your casket, of my time. it. Mr. DRIEHAUS. Mr. Speaker, I very Mr. DRIEHAUS. I yield myself such you will be assured that it will be said to be made in America. much respect the gentleman’s remarks, time as I may consume. and I too have the flag of my father’s Again, I would like to comment on So with that, I think we need to look coffin in my office. We buried him two the lady’s comments regarding the sup- at where is the success we can work on. years ago last week. So it means some- posed failure of the Recovery Act. This is one of those places we have thing very special to me that we have I would invite her to come to Cin- been able to meet. And as we have been come together today to support this cinnati, Ohio, where the Banks Project, able to meet, talking about how the legislation, because when it comes to the largest project in Cincinnati, is flags are made, and especially, finally, our Federal tax dollars being spent on moving forward because of the Recov- some agreement on who should be American flags, those jobs should be in ery Act. She can meet the hundreds of working in this country, I think it is the United States, those flags should workers that she calls a failure. Or she one of those things that I hope that we be made in the United States, the parts can go to the bridge that is being can build on. of those flags should be made in the painted by 90 employees, also funded by Mr. Speaker, if I can suggest that maybe Republicans and Democrats, United States. the Recovery Act, that crosses the I appreciate the support of all the rather than talking about an amnesty Ohio River. It is the Roebling Suspen- Members of the committee, and I ap- sion Bridge that connects Kentucky here or this proposal, we join on a bill plaud Representative BRALEY for bring- that is so commonsensical that we and Cincinnati. Again, I don’t consider ing the bill forward. that to be a failure. Nor do I consider don’t even talk about it. Mr. Speaker, I again urge my col- to be a failure the hundreds, if not H.R. 3580 by STEVE KING, all that bill leagues to join me in supporting this thousands, of jobs in the State of Ohio says is let’s build on the success of E- measure. that police and firefighters now have, Verify and tell employers that we as a I yield back the balance of my time. the thousands of jobs that teachers government will no longer allow you to The SPEAKER pro tempore. The now have because the Recovery Act. have a tax deduction for employing question is on the motion offered by As a matter of fact, Mr. Speaker, I somebody unless you take the time to the gentleman from Ohio (Mr. think it was crystal clear in the CBO check that that person is legally in the DRIEHAUS) that the House suspend the report that came out just a few weeks country. There is a place that Demo- rules and pass the bill, H.R. 2853, as ago that the Recovery Act in fact crats and Republicans can agree on. amended. saved or created 3.5 million jobs here in There is a place that we can reach a The question was taken. the United States. common ground and find answers, rath- The SPEAKER pro tempore. In the I will remind the lady of the failures er than pointing out each other’s opinion of the Chair, two-thirds being of the Bush economic policies that led shortcomings. in the affirmative, the ayes have it. us into the worst recession in our life- Again, I would ask my colleagues on Mr. BILBRAY. Mr. Speaker, I object time. A failure was the last 6 months of both side of the aisle, look at STEVE to the vote on the ground that a

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.066 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7029 quorum is not present and make the As a young man, Mr. Bolas served in (H.R. 5606) to designate the facility of point of order that a quorum is not the U.S. Army from 1953 to 1961. After the United States Postal Service lo- present. finishing his service in the army, Mr. cated at 47 South 7th Street in Indiana, The SPEAKER pro tempore. Pursu- Bolas focused his time and attention Pennsylvania, as the ‘‘James M. ant to clause 8 of rule XX and the on making his community a better ‘Jimmy’ Stewart Post Office Building’’. Chair’s prior announcement, further place. Mr. Bolas served as zoning ap- The Clerk read the title of the bill. proceedings on this motion will be peals board chairman, as a Sharon The text of the bill is as follows: postponed. Township trustee, and was also active H.R. 5606 The point of no quorum is considered in a wide array of community organiza- Be it enacted by the Senate and House of Rep- withdrawn. tions, including the Medina County resentatives of the United States of America in f Drug Task Force, the Highland Foun- Congress assembled, dation For Educational Excellence, the SECTION 1. JAMES M. ‘‘JIMMY’’ STEWART POST EMIL BOLAS POST OFFICE Boy Scouts of America, the Ohio Town- OFFICE BUILDING. Mr. DRIEHAUS. Mr. Speaker, I move ship Association, and the Sharon (a) DESIGNATION.—The facility of the to suspend the rules and pass the bill Township Heritage Society. United States Postal Service located at 47 (H.R. 4602) to designate the facility of Sadly, Mr. Bolas passed away on Au- South 7th Street in Indiana, Pennsylvania, the United States Postal Service lo- gust 14, 2008, following a long battle shall be known and designated as the ‘‘James M. ‘Jimmy’ Stewart Post Office Building’’. cated at 1332 Sharon Copley Road in with cancer. His memory will live on through his adoring family and the (b) REFERENCES.—Any reference in a law, Sharon Center, Ohio, as the ‘‘Emil map, regulation, document, paper, or other Bolas Post Office’’. countless individuals whose lives he record of the United States to the facility re- The Clerk read the title of the bill. improved through his tireless work on ferred to in subsection (a) shall be deemed to The text of the bill is as follows: behalf of his community. be a reference to the ‘‘James M. ‘Jimmy’ H.R. 4602 Mr. Speaker, let us further honor the Stewart Post Office Building’’. life and legacy of Emil Bolas through The SPEAKER pro tempore. Pursu- Be it enacted by the Senate and House of Rep- the passage of H.R. 4602, which will des- resentatives of the United States of America in ant to the rule, the gentleman from ignate the postal facility located at Congress assembled, Ohio (Mr. DRIEHAUS) and the gen- 1332 Sharon Copley Road in Sharon SECTION 1. EMIL BOLAS POST OFFICE. tleman from California (Mr. BILBRAY) Center, Ohio, in his honor. I urge my (a) DESIGNATION.—The facility of the each will control 20 minutes. colleagues to join me in supporting United States Postal Service located at 1332 The Chair recognizes the gentleman this measure. Sharon Copley Road in Sharon Center, Ohio, from Ohio. shall be known and designated as the ‘‘Emil Mr. Speaker, I reserve the balance of Bolas Post Office’’. my time. GENERAL LEAVE (b) REFERENCES.—Any reference in a law, Mr. BILBRAY. Mr. Speaker, this is Mr. DRIEHAUS. Mr. Speaker, I ask map, regulation, document, paper, or other one time that a Californian cannot best unanimous consent that all Members record of the United States to the facility re- the Ohio gentleman. So I will just say may have 5 legislative days in which to ferred to in subsection (a) shall be deemed to I think he presented this item quite ap- revise and extend their remarks. be a reference to the ‘‘Emil Bolas Post Of- propriately, and basically I will just The SPEAKER pro tempore. Is there fice’’. say I agree totally with the majority objection to the request of the gen- The SPEAKER pro tempore. Pursu- on this item. The gentleman from Ohio tleman from Ohio? ant to the rule, the gentleman from has not only represented his district There was no objection. Ohio (Mr. DRIEHAUS) and the gen- but his State and this gentleman quite b 1420 tleman from California (Mr. BILBRAY) appropriately in the post office pro- each will control 20 minutes. posal. Mr. DRIEHAUS. Mr. Speaker, I yield The Chair recognizes the gentleman Mr. Speaker, I yield back the balance myself such time as I may consume. from Ohio. of my time. Mr. Speaker, on behalf of the House GENERAL LEAVE Mr. DRIEHAUS. Mr. Speaker, I ap- Committee on Oversight and Govern- Mr. DRIEHAUS. Mr. Speaker, I ask preciate the support of the Buckeyes in ment Reform, I am proud to present unanimous consent that all Members this case, and I thank Congressman H.R. 5606 for consideration. This legis- may have 5 legislative days in which to BOCCIERI for bringing this measure be- lation will designate the facility of the revise and extend their remarks. fore the House. I again urge my col- United States Postal Service located at The SPEAKER pro tempore. Is there leagues to join me in supporting this 47 South 7th Street in Indiana, Penn- objection to the request of the gen- measure. sylvania, as the ‘‘James M. ‘Jimmy’ tleman from Ohio? I yield back the balance of my time. Stewart Post Office Building.’’ H.R. There was no objection. The SPEAKER pro tempore. The 5606 was introduced by our colleague, Mr. DRIEHAUS. Mr. Speaker, I yield question is on the motion offered by Representative MARK CRITZ of Pennsyl- myself such time as I may consume. the gentleman from Ohio (Mr. vania, on June 25, 2010. It was favorably On behalf of the Committee on Gov- DRIEHAUS) that the House suspend the reported out of the Oversight Govern- ernment Reform and Oversight, I am rules and pass the bill, H.R. 4602. ment Reform Committee on July 28, pleased to present H.R. 4602 for consid- The question was taken. 2010. In addition, this legislation enjoys eration. This legislation will designate The SPEAKER pro tempore. In the the support of the entire Pennsylvania the facility of the United States Postal opinion of the Chair, two-thirds being House delegation. in the affirmative, the ayes have it. Service located at 1332 Sharon Copley As we all know, Jimmy Stewart was Mr. BILBRAY. Mr. Speaker, I object Road in Sharon Center, Ohio, as the an American film and stage actor who to the vote on the ground that a worked in Hollywood during its ‘‘Gold- Emil Bolas Post Office. quorum is not present and make the Introduced by our friend and col- en Age.’’ Mr. Stewart was born on May point of order that a quorum is not OHN OCCIERI 20, 1908, in Indiana, Pennsylvania, and league Representative J B of present. Ohio on February 4, 2010, H.R. 4602 was The SPEAKER pro tempore. Pursu- attended Mercersburg Academy Prep favorably reported out of the Oversight ant to clause 8 of rule XX and the School. After graduating from and Government Reform Committee on Chair’s prior announcement, further Mercersburg in 1928, Mr. Stewart went December 9, 2010. This legislation en- proceedings on this motion will be on to attend Princeton University, joys the support of the entire Ohio del- postponed. where he developed a lifelong love for egation to the House. The point of no quorum is considered acting. Mr. Speaker, Emil Bolas dedicated withdrawn. In 1939, Mr. Stewart starred in one of his life to the service of his beloved the great films about American poli- f community of Sharon Township and tics, ‘‘Mr. Smith Goes to Washington,’’ Medina County, Ohio. As noted in The JAMES M. ‘JIMMY’ STEWART POST which portrays the experience of a Medina County Gazette, Mr. Bolas’ OFFICE BUILDING young senator learning the ropes in mission in life was helping people and Mr. DRIEHAUS. Mr. Speaker, I move Washington. The film was a great suc- improving his community. to suspend the rules and pass the bill cess and was nominated for 11 Academy

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.068 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7030 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Awards in 1939, and won the Oscar for James Maitland ‘‘Jimmy’’ Stewart GEORGE C. MARSHALL POST Best Writing and Original Story. was born on May 20, 1908, in Indiana, OFFICE In 1941, Mr. Stewart enlisted in the Pennsylvania. He studied at Princeton Mr. DRIEHAUS. Mr. Speaker, I move Army, where he was assigned to the University, where he developed his love to suspend the rules and pass the bill 445th Bombardment Group stationed of acting before pursuing a career in (H.R. 5605) to designate the facility of out of Sioux City Army Base in Iowa. theater and film. He starred in several the United States Postal Service lo- Mr. Stewart was eventually promoted movies, including the 1938 Academy cated at 47 East Fayette Street in to the rank of captain and commanded Award-winning Best Picture, ‘‘You Uniontown, Pennsylvania, as the the 703rd Bombardment Squadron for Can’t Take It With You.’’ In 1939, he ‘‘George C. Marshall Post Office’’. the duration of World War II. Notably, starred in the acclaimed ‘‘Mr. Smith The Clerk read the title of the bill. in 1959, Mr. Stewart was promoted to Goes to Washington,’’ a film in which The text of the bill is as follows: brigadier general in the Air Force Re- he played an idealist statesman trying H.R. 5605 serve and served as a non-duty adviser to make a difference for his constitu- during the Vietnam War. ents. Be it enacted by the Senate and House of After his early Hollywood success, a Representatives of the United States of America In 1989, Mr. Stewart became a co- in Congress assembled, founder of the American Spirit Foun- sense of patriotism compelled Stewart SECTION 1. GEORGE C. MARSHALL POST OFFICE. dation, which applied entertainment to serve his Nation during World War II. He enlisted in the Army in 1941, be- (a) DESIGNATION.—The facility of the industry resources and talent to help United States Postal Service located at 47 develop innovative approaches to pub- coming the first major American East Fayette Street in Uniontown, Pennsyl- lic education and to assist emerging movie star to wear the uniform during vania, shall be known and designated as the democratic movements in the former the war. After the Japanese attacked ‘‘George C. Marshall Post Office’’. Soviet satellite states. Mr. Stewart Pearl Harbor, he helped with recruiting (b) REFERENCES.—Any reference in a law, also worked with President Reagan and efforts, and in 1944 he was sent to Eu- map, regulation, document, paper, or other Chief Justice Warren Burger on initia- rope where he participated in 20 air record of the United States to the facility referred to in subsection (a) shall be deemed to tives to promote awareness of the Con- missions over Nazi Germany. After the war he continued to play an active role be a reference to the ‘‘George C. Marshall stitution and the Bill of Rights. Sadly, Post Office’’. Mr. Stewart passed away on July 2, in the Air Force Reserve and was eventually promoted to the rank of Major The SPEAKER pro tempore. Pursu- 1997. ant to the rule, the gentleman from Mr. Speaker, let us honor the life and General. He served during the Vietnam Ohio (Mr. DRIEHAUS) and the gen- legacy of Jimmy Stewart through the War as a nonduty adviser and retired in tleman from California (Mr. BILBRAY) passage of H.R. 5606, which will des- 1968, after 27 years of military service. each will control 20 minutes. ignate the postal facility located at 47 Stewart resumed his acting career The Chair recognizes the gentleman South 7th Street in Indiana, Pennsyl- following World War II, and in 1946 he from Ohio. vania, in his honor. I urge my col- starred in the classic ‘‘It’s a Wonderful leagues to join me in supporting H.R. Life.’’ In 1989, he cofounded the Amer- GENERAL LEAVE 5606. ican Spirit Foundation, which helped Mr. DRIEHAUS. Mr. Speaker, I ask I reserve the balance of my time. to develop new approaches to public unanimous consent that all Members Mr. BILBRAY. I yield myself such education and assisted in budding may have 5 legislative days in which to time as I may consume. democratic movements in former So- revise and extend their remarks. Mr. Speaker, I will join in supporting viet satellite states. He retired from The SPEAKER pro tempore. Is there this motion. Frankly, I think that we acting in 1991, after providing the voice objection to the request of the gen- appreciate Mr. Stewart for much serv- for Sheriff Wylie Burp in ‘‘An Amer- tleman from Ohio? ice in the military, but mostly most of ican Tail: Feivel Goes West.’’ In his 35 There was no objection. us remember him as a great actor. The years of acting, Stewart appeared in 92 Mr. DRIEHAUS. Mr. Speaker, I now fact is many of us may remember him films, television programs, and shorts. yield such time as he may consume to doing one of the extraordinary, almost He passed away on July 2, 1997, in Bev- the author of the legislation, the gen- a solo performance as Charles Lind- erly Hills, California. tleman from Pennsylvania (Mr. CRITZ). bergh in scenes where he is talking to Mr. Speaker, renaming the Indiana, (Mr. CRITZ asked and was given per- himself and getting across. I have just Pennsylvania, post office after one of mission to revise and extend his re- got to say that I think it is quite ap- its most accomplished natives is fit- marks.) propriate, as some people may not ting for one of the most inspiring and Mr. CRITZ. Thank you, Mr. Chair- know, that Jimmy Stewart did not fly patriotic actors of the 20th century. man, for yielding. I encourage my colleagues to support across the Atlantic and land in Paris Mr. Speaker, I rise today in support this bill. alone. He was playing the role of of H.R. 5605, which would rename the Mr. DRIEHAUS. Mr. Speaker, I again facility of the United States Postal Charles Lindbergh. But as San Diegans urge my colleagues to join me in sup- we’re very sensitive to that scene that Service in Uniontown, Pennsylvania, porting this measure. after its most famous son, George C. the plane might have been called the I yield back the balance of my time. Marshall, Jr. Most notable for the Mar- Spirit of St. Louis, but it was actually The SPEAKER pro tempore. The shall Plan, he was born on December built in San Diego right at what is now question is on the motion offered by 31, 1880, in the coal hills of south- Lindbergh field. But I think that this the gentleman from Ohio (Mr. western Pennsylvania. Marshall was motion for the great actor, great DRIEHAUS) that the House suspend the American, great veteran, is quite ap- rules and pass the bill, H.R. 5606. commissioned as a Second Lieutenant propriate. The question was taken. in 1902, following his graduation from I yield back the balance of my time. The SPEAKER pro tempore. In the the Virginia Military Institute. He Mr. DRIEHAUS. Mr. Speaker, at this opinion of the Chair, two-thirds being quickly rose through the ranks and time I would like to yield 3 minutes to in the affirmative, the ayes have it. was appointed Chief of Staff of the the sponsor of the legislation, the gen- Mr. BILBRAY. Mr. Speaker, I object Army in 1939 by President Franklin D. tleman from Pennsylvania (Mr. CRITZ). to the vote on the ground that a Roosevelt. Marshall inherited an Army (Mr. CRITZ asked and was given per- quorum is not present and make the on the cusp of a Second World War and mission to revise and extend his re- point of order that a quorum is not oversaw the largest military expansion marks.) present. in U.S. history. In 1944, he became the Mr. CRITZ. Mr. Speaker, I rise today The SPEAKER pro tempore. Pursu- first American General to be promoted in support of H.R. 5606, which would re- ant to clause 8 of rule XX and the to a five-star rank, the newly created name the United States Postal Service Chair’s prior announcement, further General of the Army. building in Indiana, Pennsylvania, proceedings on this motion will be Marshall resigned his post of Chief of after Jimmy Stewart, one of the most postponed. Staff of the Army in 1945 and devoted distinguished and acclaimed actors of The point of no quorum is considered himself to international security and American history. withdrawn. peace. Between 1945 and 1946, he served

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.072 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7031 as the envoy for President Truman in Mr. DRIEHAUS. Mr. Speaker, I tions actually have the staying power China to peacefully resolve a conflict would just remind the Members that if we don’t talk about those tough between the nationalists and the com- this is a consent agenda, an agenda for things like the budget, like the finan- munists. President Truman appointed which Republicans and Democrats have cial crisis, and like many other things him as Secretary of State in 1947, come together and for which the Mem- that we have basically swept under the where he oversaw the Marshall Plan, bers are not here to cast votes. They rug? the $13 billion economic recovery plan will be here tomorrow for our votes for I think that this is an appropriate that was instrumental in the rebuild- the week. This is an opportunity for bill at this time, but there is the frus- ing of Europe. For his efforts, Marshall Members of both sides to bring legisla- tration that we are doing these bills received the Nobel Peace Prize. He re- tion forward which we have recognized, again and again and again; and it tired from the State Department in certainly throughout my year and a seems we are not addressing or finding 1949 and became the president of the half in Congress, and it is due to the bi- bipartisan support on a lot of other American Red Cross. In 1950, President partisan nature of the work that is things that the American people would Truman appointed Marshall Secretary done in Oversight and Government Re- like to look at, which is why I brought of Defense. During his tenure he form, which we should be proud of. up Mr. KING’s bill, because it is one of oversaw the formation of a United Na- So I don’t apologize for bringing those little things that, too bad, sadly, tions international force that turned these bills to the floor today. I think leadership will not consider. back the North Korean invasion of the Republicans have made laudable ef- I mean, we just had a case last week. South Korea. He retired from public forts here, and I think we have made Rather than talking about eliminating life in 1951 and passed away on October laudable efforts here. I would like to the tax deduction for the employers of 16, 1959. remind the Members that this is a con- illegal immigrants, they had a come- Mr. Speaker, George C. Marshall had sent agenda which has been agreed dian at a hearing, and I think a lot of a profound impact on the 20th century, upon by both parties. people were very embarrassed—Demo- not only here in the United States, but I reserve the balance of my time. across the globe. This year we cele- Mr. BILBRAY. I yield myself such crats and Republicans. I guess, if there brate the 130th anniversary of his time as I may consume. were a bipartisan response last week, it birth, and renaming his hometown post Mr. Speaker, Mr. Marshall was not a was: My God, have we allowed things office is a fitting and worthy tribute to perfect man. He made mistakes. Those to get to this point? I appreciate good this great soldier, general, secretary of us who have studied history know comedy, obviously, while serving in and true American statesman. the fact is anyone who does very much Congress, but I think that there are I urge my colleagues to support this is going to make mistakes; but Mar- mistakes we have made. bill. shall, obviously, was a very, very noted This bill should pass, but, sadly, we Mr. BILBRAY. Mr. Speaker, I yield figure in history. should be talking about a lot of other myself such time as I may consume. I think, if nothing else, when we talk issues that are not even allowed to At this time I would like to yield to about naming something after some- come to the floor, Mr. Speaker, which the gentlelady from North Carolina. one, we have got to remember we are the American people want us to work b 1430 not doing it for that person. We are not on. I hope that we will be able to get Ms. FOXX. I thank my colleague honoring that person as much as we are leadership, especially the majority, to from California for yielding. inspiring future generations to try to sit down with the minority and to ask, Certainly, Mr. Speaker, I think that live up to an idea. So even though Mr. Okay, where are those substantive General Marshall was a great man and Marshall might have made mistakes issues that we can agree on? and do deserves recognition. In fact, he re- and was flawed, overall he is still a role that. There are little things that could ceived a great deal of recognition dur- model to present for future genera- make a lot of difference, like Mr. ing his lifetime. He received the Nobel tions. KING’s bill, which would eliminate the Prize. I am not going to ask how old the tax deduction for people who are ex- However, this Congress has shown an Speaker was in 1959, Mr. Speaker, but ploiting illegal labor. unfortunate propensity for bringing up the fact is Mr. Marshall passed away. It At this time, again, I would support bills that are not exactly high prior- is sad that we have waited this long the bill. ities in the minds of the American peo- and that so many generations have I yield back the balance of my time. ple. Yet our colleagues across the aisle, grown up in this community who have Mr. DRIEHAUS. Mr. Speaker, again, Mr. Speaker, are not even trying to not recognized that Marshall was a I thank the gentleman for his support deal with legislation that the Amer- hometown boy. Maybe every time, in in the legislation before us. I urge my ican people do want and are clamoring having gone to the post office, some colleagues to join me in supporting for. The failed trillion-dollar stimulus, grade school child might have been this measure. the government takeover of health able to have been inspired to think big, care, and billions of dollars in bailouts to have tried harder—and, yes, even I yield back the balance of my time. were all pushed through by Democrats having failed sometimes. The SPEAKER pro tempore. The in charge; but when it comes to mak- As we go through all of these consent question is on the motion offered by ing a budget or to staving off the larg- items, one of the things I would ask us the gentleman from Ohio (Mr. est tax increase in American history, to consider is, as I am sure the gentle- DRIEHAUS) that the House suspend the these Democrats are sitting on their woman from North Carolina has said: rules and pass the bill, H.R. 5605. hands. It would be a travesty for this What about the things that we aren’t The question was taken. body to adjourn this week and to leave doing? We have got to recognize that. The SPEAKER pro tempore. In the a $3.9 trillion tax increase looming over A lot of the frustration out there is opinion of the Chair, two-thirds being the heads of American families and that we are naming a lot of post of- in the affirmative, the ayes have it. small businesses. fices. Yet I think this one is appro- Mr. BILBRAY. Mr. Speaker, I object Mr. Speaker, we stand here today priate. to the vote on the ground that a with more than 30 Members of your As my cousin says, who is actually a quorum is not present and make the own party who are making a simple re- former Democratic Congressman from point of order that a quorum is not quest: let us have a full and open de- Las Vegas and a member of the com- present. bate before you impose those job-kill- mission that handles these post offices, ing tax hikes on the American people. if we don’t get together in Washington The SPEAKER pro tempore. Pursu- Give us an up-or-down vote, and let the and talk about how we are going to ant to clause 8 of rule XX and the will of the American people have its continue to provide the money and the Chair’s prior announcement, further way. Let’s stop frittering away our resources to keep these post offices proceedings on this motion will be time. open, we will have the right to name postponed. Mr. BILBRAY. Mr. Speaker, I reserve them, but will they be around to in- The point of no quorum is considered the balance of my time. spire future generations? Will our ac- withdrawn.

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.074 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7032 CONGRESSIONAL RECORD — HOUSE September 28, 2010 M.R. ‘‘BUCKY’’ WALTERS POST After 11 years of exemplary service, goals and ideals of United States Mili- OFFICE Mr. Walters was appointed postmaster tary History Month. Mr. DRIEHAUS. Mr. Speaker, I move of the Hartman Post Office by Presi- The Clerk read the title of the resolu- to suspend the rules and pass the bill dent Lyndon Johnson. tion. (H.R. 6014) to designate the facility of As both a letter carrier and as a post- The text of the resolution is as fol- the United States Postal Service lo- master, Mr. Walters developed a rep- lows: cated at 212 Main Street in Hartman, utation as a tireless employee who al- H. RES. 1442 Arkansas, as the ‘‘M.R. ‘Bucky’ Wal- ways went the extra mile for his com- Whereas United States citizens of every ters Post Office.’’ munity. race, class and ethnic background from every The Clerk read the title of the bill. Sadly, Mr. Walters died on March 16, State and territory have made memorable The text of the bill is as follows: 2010, at the age of 89. He is survived by sacrifices as members of the United States Air Force, Army, Coast Guard, Marines, and H.R. 6014 his wife, Maurine; his son, Neal; his sister, Doris; and by his two grand- Navy that have revolutionized armed con- Be it enacted by the Senate and House of Rep- flict; resentatives of the United States of America in children. Whereas the United States has produced a Congress assembled, Mr. Speaker, let us further honor the legacy of pioneering military minds since SECTION 1. M.R. ‘‘BUCKY’’ WALTERS POST OF- life and legacy of Mr. Walters through Congress first appointed George Washington FICE. the passage of H.R. 6014, which will des- in 1775 as general and commander-in-chief of (a) DESIGNATION.—The facility of the ignate the postal facility located at 212 the Continental Army in the American Revo- United States Postal Service located at 212 Main Street in Hartman, Arkansas, in lution; Main Street in Hartman, Arkansas, shall be his honor. Whereas since then, citizen soldiers of the known and designated as the ‘‘M.R. ‘Bucky’ I urge my colleagues to join me in United States have valiantly overcome mon- Walters Post Office’’. umental odds, exhibited leadership in the (b) REFERENCES.—Any reference in a law, supporting H.R. 6014. face of superior forces, and achieved victory map, regulation, document, paper, or other I reserve the balance of my time. on battlefields at home and around the world record of the United States to the facility re- b 1440 when this Nation or its people have been ferred to in subsection (a) shall be deemed to threatened; be a reference to the ‘‘M.R. ‘Bucky’ Walters Mr. BILBRAY. Mr. Speaker, I appre- Whereas 3,468 Medals of Honor—the Na- Post Office’’. ciate the leadership on this item. I ap- tion’s highest decoration—have been award- The SPEAKER pro tempore. Pursu- preciate the fact that this naming is ed to United States veterans for Homeric ant to the rule, the gentleman from more punctual than the last. Maybe courage and sacrifices above and beyond the Ohio (Mr. DRIEHAUS) and the gen- we’re seeing a positive train here, but I call of duty in the line of fire defending the Nation; tleman from California (Mr. BILBRAY) think that the gentleman from Ohio explained it quite appropriately and ar- Whereas the names of these recipients and each will control 20 minutes. other veterans of the United States Armed The Chair recognizes the gentleman ticulated perfectly exactly why we’re Forces have been recorded in the histories of from Ohio. willing to take this action. other nations where they served in air, on GENERAL LEAVE I yield back the balance of my time. land, and at sea defending freedom and pro- Mr. DRIEHAUS. Mr. Speaker, I ask Mr. DRIEHAUS. Mr. Speaker, I again tecting liberty; unanimous consent that all Members urge my colleagues to join me in sup- Whereas the founding of the United States may have 5 legislative days in which to porting this measure, and I yield back and its continued existence can be documented through the actions, leadership, and revise and extend their remarks. the balance of my time. The SPEAKER pro tempore. The protection of its freedoms through the ef- The SPEAKER pro tempore. Is there forts of the United States Armed Forces; objection to the request of the gen- question is on the motion offered by Whereas November 11 was originally de- tleman from Ohio? the gentleman from Ohio (Mr. clared Armistice Day to commemorate the There was no objection. DRIEHAUS) that the House suspend the sacrifices of United States soldiers in World Mr. DRIEHAUS. I yield myself such rules and pass the bill, H.R. 6014. War I and later designated by President time as I may consume. The question was taken. Dwight D. Eisenhower in 1954 as a day to Mr. Speaker, on behalf of the Com- The SPEAKER pro tempore. In the honor all United States veterans; mittee on Oversight and Government opinion of the Chair, two-thirds being Whereas members of the United States Reform, I am proud to present H.R. 6014 in the affirmative, the ayes have it. Armed Forces have played and continue to play a critical economic, cultural, and soci- for consideration. This legislation will Mr. BILBRAY. Mr. Speaker, I object etal role in protecting the life of the Nation designate the facility of the United to the vote on the ground that a by their dedicated service, prowess, and re- States Postal Service located at 212 quorum is not present and make the solve; Main Street, in Hartman, Arkansas, as point of order that a quorum is not Whereas despite these contributions, the the ‘‘M.R. ‘Bucky’ Walters Post Of- present. role of veterans and the wars in which they fice.’’ The SPEAKER pro tempore. Pursu- served have been consistently undervalued H.R. 6014 was introduced by our ant to clause 8 of rule XX and the and overlooked in the history of the Nation, friend and colleague, Representative Chair’s prior announcement, further and their stories diminished in American education; JOHN BOOZMAN of Arkansas, on July 30, proceedings on this motion will be Whereas November would be an appro- 2010. It was favorably reported out of postponed. priate month to designate as United States the Oversight and Government Reform The point of no quorum is considered Military History Month and State legisla- Committee on September 23, 2010. The withdrawn. tures and assemblies have been requested to legislation enjoys the support of the f issue proclamations designating November entire Arkansas House delegation. as United States Military History month and M.R. ‘‘Bucky’’ Walters was born on FURTHER MESSAGE FROM THE to encourage students to study this vital May 22, 1920, in Lincoln, Nebraska; and SENATE subject and participate in Veterans Day ac- he dedicated his life to the service of tivities: Now, therefore, be it A further message from the Senate Resolved, That the House of Representa- his country and to his beloved Hart- by Ms. Curtis, one of its clerks, an- tives— man, Arkansas. Mr. Walters served his nounced that the Senate has passed a (1) supports the goals and ideals of United country proudly for 58 years, spending bill of the following title in which the States Military History Month; and 5 years in the Army during World War concurrence of the House is requested: (2) encourages the President to issue a II and an astonishing 53 years with the S. 3751. An act to amend the Stem Cell proclamation to emphasize the importance United States Postal Service. Therapeutic and Research Act of 2005. of United States Military History Month. After serving as a master mechanic f The SPEAKER pro tempore. Pursu- in the Arkansas National Guard at ant to the rule, the gentleman from Camp Robinson in Little Rock, Arkan- SUPPORTING UNITED STATES Ohio (Mr. DRIEHAUS) and the gen- sas, Mr. Walters was appointed as a MILITARY HISTORY MONTH tleman from California (Mr. BILBRAY) full-time letter carrier for the Hart- Mr. DRIEHAUS. Mr. Speaker, I move each will control 20 minutes. man Post Office in Hartman, Arkansas, to suspend the rules and agree to the The Chair recognizes the gentleman by President Dwight D. Eisenhower. resolution (H. Res. 1442) supporting the from Ohio.

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.076 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7033 GENERAL LEAVE ebrate the influence of the military on I think the gentleman from Tennessee Mr. DRIEHAUS. Mr. Speaker, I ask our Nation’s narrative, we should des- should be commended, and I think the unanimous consent that all Members ignate November as United States majority should be thanked for allow- may have 5 legislative days in which to Military History Month. ing the gentleman from Tennessee to revise and extend their remarks. There are two major holidays already bring this bill up for consideration, The SPEAKER pro tempore. Is there set aside to honor the men and women something I hope to see more of. objection to the request of the gen- who have served this Nation. First I wish that my parents were alive tleman from Ohio? known as Declaration Day, what is now today, parents that not only was he at There was no objection. known as Memorial Day commemo- Pearl Harbor on his birthday, at Leyte Mr. DRIEHAUS. I yield myself such rates the American soldiers who have Gulf, and at Inchon, but also, more im- time as I may consume. died in combat. Veterans Day began as portantly, something we don’t think Mr. Speaker, I rise in support of H. Armistice Day to note the end of World about the military, and that’s from my Res. 1442, a resolution supporting the War I. The Congress changed it to Vet- mother’s side, of the people around the goals and ideals of United States Mili- erans Day in 1954, and now on Novem- world like my mother, that in the 1940s tary History Month. ber 11 of each year we honor all those in Australia was watching the Japa- H. Res. 1442 was introduced by our who have served in the military. But nese empire threaten to conquer her colleague, the gentleman from Ten- without celebrating our country’s mili- hometown of Brisbane, and the Yanks nessee, Representative JOHN DUNCAN, tary history, these holidays might very showed up in time to be able to save on June 15, 2010. It was referred to the well end up being seen merely as days them from the tyranny of fascism. Committee on Oversight and Govern- off work or just days that government I think that too often when we talk ment Reform, which ordered it re- buildings and banks are closed. about things like the service in the ported favorably by unanimous consent The U.S. military has always played military, we think only of service to on September 23, 2010. The measure en- a very important role in our Nation’s those of us who are Americans; but rec- joys the support of over 50 Members of evolution and in protecting the Amer- ognizing that the American military is the House. ican way of life. Establishing, through not only not a threat to the rest of the Mr. Speaker, from the Revolutionary the passage of this resolution, H. Res. world, it’s an essential component of War to the present conflicts in Iraq and 1442, a month each year to highlight the world peace and the world freedom Afghanistan, the actions and leader- our Armed Forces will hopefully en- and the world prosperity that not only ship of our Armed Forces have shaped courage Americans to learn, remember, Americans but the entire world, sadly, the history of our Nation and helped to and appreciate the sacrifices of the I think takes for granted. preserve our freedoms. One cannot un- men and women who serve. I think that this is quite appropriate derstand our country without under- It is often said that a nation which that the gentleman from Tennessee standing our history, and our military forgets its own history does so at its brings this up, that we not only recog- has always had a critical role in our peril. This resolution is a fitting and nize but we celebrate how unique our history. appropriate way to honor our past and American military is. We go around For all that they’ve done for our Na- especially the extremely important the world to set people free. We go tion, our soldiers, sailors, airmen, role the U.S. military has played in around the world to give them a better guardians, and marines deserve our ap- that history. life. We do not go to conquer and to op- preciation and respect. One of the ways I have submitted this resolution at press; and that is something the Amer- we can do this is by helping to ensure the request of one of my constituents, icans have done from the get-go and that Americans understand the role Mr. Ed Hooper, a great military histo- it’s something that we should recog- that our military has played in the de- rian; and this is very appropriate, too, nize, be it at Barbary Coast to put velopment of our Nation and in the his- because it shows that legislation often down the pirates that were raiding in- tory of our world. I, therefore, ask my does not emanate from Washington nocent ships or to go and depose dic- colleagues to join me in supporting H. but, really, comes from the ground up, tators that have been oppressing their Res. 1442 and encourage all Americans from the people that we represent. This own and killing their own people. to take time to learn more about our is truly the American way to do legis- I think this bill is quite appropriate, Nation’s military history. lation, and I urge all of my colleagues and hopefully we will see the kind of I reserve the balance of my time. to support this resolution to designate celebration of the heritage of military Mr. BILBRAY. Mr. Speaker, at this November as Military History Month service that we have in this country as time I yield such time as he may con- in this Nation. we have seen on others. sume to the gentleman from Tennessee Mr. BILBRAY. Mr. Speaker, I yield So I again congratulate the gen- (Mr. DUNCAN). myself such time as I may consume. tleman from Tennessee, and I thank Mr. DUNCAN. I thank the gentleman Mr. Speaker, as the Representative the majority for allowing the bill to go from California for yielding me the from San Diego, a community that forward. time, and I thank the gentleman from knows a little bit about the military, I yield back the balance of my time. Ohio for his words in support of this one of the largest military complexes Mr. DRIEHAUS. Mr. Speaker, I again legislation, and I also want to thank in the world, I am very honored to sup- urge my colleagues to join me in sup- the very large number of cosponsors port this motion by the gentleman porting this measure, and I yield back from both sides of the aisle that we from Tennessee and want to thank him the balance of my time. have on this bill. for that. Not only do I have the privi- The SPEAKER pro tempore. The Mr. Speaker, H. Res. 1442 would des- lege of representing a community that question is on the motion offered by ignate the month of November as Mili- is steeped in military history that the gentleman from Ohio (Mr. tary History Month. While still a gen- goes, in fact, all the way back to our DRIEHAUS) that the House suspend the eral in the Continental Army, George founding by Cabrillo, a military man in rules and agree to the resolution, H. Washington said, ‘‘When we assumed service of Spain, but also the fact of Res. 1442. the soldier, we did not set aside the cit- being raised—not only raised in a mili- The question was taken. izen,’’ meaning that he believed from tary family but born on a military The SPEAKER pro tempore. In the the early days of this country’s history base. So those of us from San Diego opinion of the Chair, two-thirds being that citizen-soldiers were the most im- know exactly how deeply the roots of in the affirmative, the ayes have it. portant people in this Nation in so the military go as free Americans and Mr. BILBRAY. Mr. Speaker, I object many, many ways. as those who do not question the per- to the vote on the ground that a Since even before there was a United ception that service, as George Wash- quorum is not present and make the States until today, Americans have ington said, is always the highest point of order that a quorum is not never shied away from the fight to honor and the greatest contribution. present. make life better, not only for ourselves Mr. Speaker, I just have to say that The SPEAKER pro tempore. Pursu- but for many millions of others. To I’m sorry that some are not here to see ant to clause 8 of rule XX and the better understand, appreciate, and cel- Congress finally take up this item, and Chair’s prior announcement, further

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.083 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7034 CONGRESSIONAL RECORD — HOUSE September 28, 2010 proceedings on this motion will be California (Ms. CHU) and the gentleman The question was taken. postponed. from California (Mr. BILBRAY) each will The SPEAKER pro tempore. In the The point of no quorum is considered control 20 minutes. opinion of the Chair, two-thirds being withdrawn. The Chair recognizes the gentle- in the affirmative, the ayes have it. f woman from California. Mr. BILBRAY. Mr. Speaker, I object GENERAL LEAVE to the vote on the ground that a b 1450 Ms. CHU. Mr. Speaker, I ask unani- quorum is not present and make the CONGRATULATING THE mous consent that all Members may point of order that a quorum is not WASHINGTON STEALTH have 5 legislative days in which to represent. Ms. CHU. Mr. Speaker, I move to sus- vise and extend their remarks. The SPEAKER pro tempore. Pursu- pend the rules and agree to the resolu- The SPEAKER pro tempore. Is there ant to clause 8 of rule XX and the tion (H. Res. 1546) congratulating the objection to the request of the gentle- Chair’s prior announcement, further Washington Stealth for winning the woman from California? proceedings on this motion will be National Lacrosse League Champion- There was no objection. postponed. ship, as amended. Ms. CHU. Mr. Speaker, I yield myself The point of no quorum is considered The Clerk read the title of the resolu- such time as I may consume. withdrawn. tion. On behalf of the Committee on Over- f The text of the resolution is as fol- sight and Government Reform, I lows: present House Resolution 1546 for con- SUPPORTING THE UNITED STATES PARALYMPICS H. RES. 1546 sideration. This measure congratulates Whereas, on May 15, 2010, the Washington the Washington Stealth for winning Ms. CHU. Mr. Speaker, I move to sus- Stealth defeated Toronto Rock 15 to 11 in the the National Lacrosse League cham- pend the rules and agree to the resolu- National Lacrosse League Championship in pionship. tion (H. Res. 1479) supporting the Everett, Washington; Mr. Speaker, lacrosse is among the United States Paralympics, honoring Whereas the Stealth franchise won the Nation’s fastest-growing sports, and its the Paralympic athletes, and for other Western Division during the regular season origins on this continent are centuries purposes. with a NLL-best 11 and 5 record, capturing old. I am, therefore, very glad that we The Clerk read the title of the resolu- the Western Divisional Championship by de- can congratulate the Washington feating the Edmonton Rush; tion. Whereas the 2010 National Lacrosse League Stealth on their victory in the Na- The text of the resolution is as fol- Championship game was sold out and 8,609 tional Lacrosse League championship lows: people watched the game at the Comcast earlier this year. H. RES. 1479 Arena in Everett, Washington; House Resolution 1546 was introduced Whereas today there are more than 21 mil- Whereas this was the Washington Stealth’s by our colleague, the gentleman from lion Americans with a physical disability; first season in Everett, Washington, after Washington, Representative Jay Inslee, Whereas in the past few years thousands of spending 6 seasons in San Jose, California; on July 21, 2010. It was referred to the military personnel have sustained serious in- Whereas Washington Stealth led the Na- Committee on Oversight and Govern- juries during active duty; tional Lacrosse League in goal-scoring with ment Reform, which ordered it re- Whereas research shows that daily phys- 211 goals in 16 regular season games; ical activity enhances self-esteem and peer Whereas team member Lewis Ratcliff was ported favorably by unanimous consent on July 28, 2010. It enjoys the support relationships, and results in increased the league’s top goal-scorer with 46 goals and achievement, better overall health, and a earned the Championship Game MVP honors of over 50 Members of the House. higher quality of life; after scoring 5 goals during the champion- Mr. Speaker, let us now take time to Whereas United States Paralympics, a di- ship game; congratulate the Washington Stealth vision of the United States Olympic Com- Whereas David Takata, President of Wash- and the entire team organization on a mittee, is dedicated to becoming the world ington Stealth, has been named the National historic championship through the pas- leader in the Paralympic sports movement, Lacrosse League’s Executive of the Year; sage of House Resolution 1546. I urge and promoting excellence in the lives of peo- Whereas Chris Hall, Head Coach of Wash- ple with physical disabilities; ington Stealth, has been named the National my colleagues to join me in supporting it. Whereas since its formation in 2001, United Lacrosse League’s Coach of the Year; States Paralympics has been inspiring Amer- Whereas Forwards Lewis Ratcliff and Rhys I reserve the balance of my time. Mr. BILBRAY. Mr. Speaker, the mi- icans to achieve their dreams; Duch have earned the honor of Second Team Whereas United States Paralympics makes All-Pro; nority will support this bill. And, as a difference in the lives of thousands of indi- Whereas Defenseman Matt Beers earned pointed out by the gentlelady, this is viduals with a physical disability every day; the honor of All-Rookie Team; probably—in fact, I would kind of chal- Whereas United States Paralympic ath- Whereas Lacrosse is one of America’s fast- lenge my own history background—the letes have been competing in the Paralympic est-growing sports; Games since 1960; Whereas the National Lacrosse League has only general sport that has its origin from the New World. Lacrosse was ac- Whereas the athletes in the Paralympic 11 teams throughout North America; Games are the very best at their sports, de- Whereas the National Lacrosse League’s tually a training device by American Indians to be able to train their young, vote countless hours to training, and receive West Division includes the Washington support from their families, schools, and Stealth, Colorado Mammoth, Minnesota sadly, for war. But it is a sport now communities; Swarm, Edmonton Rush, and Calgary Rough- that obviously may look a lot like a Whereas the United States Paralympics necks; violent confrontation but is actually a Team brought home a total of 13 medals, in- Whereas the National Lacrosse League’s very, very competitive sport, espe- cluding 4 gold medals, from the 2010 East Division includes the Toronto Rock, Paralympic Winter games in Vancouver; and Boston Blazers, Rochester Knighthawks, cially out here in the East. I appreciate the fact that we are rec- Whereas the United States Paralympics Buffalo Bandits, Orlando Titans, and Phila- Team won gold medals in Ice Hockey (Ice delphia Wings; ognizing the Washington Stealth. They must live up to their name. A lot of us Sledge Hockey), Women’s Super Combined Whereas 2010 marked the National La- (Sitting), Women’s Downhill (Sitting), and crosse League’s 24th season; and have not heard of them before. But I, Women’s Giant Slalom (Sitting): Now, there- Whereas over 1,000,000 fans enter the doors representing the minority, will accept fore, be it of the National Lacrosse League arenas on a the motion and will support it, Mr. Resolved, That the United States House of yearly basis: Now, therefore, be it Speaker. Representatives— Resolved, That the House of Representa- I yield back the balance of my time. (1) supports the work of the United States tives— Paralympics; (1) congratulates the Washington Stealth Ms. CHU. I yield back the balance of (2) congratulates all of the United States for winning the National Lacrosse League my time. Paralympics Team medal winners from the Championship; and The SPEAKER pro tempore. The 2010 Winter Paralympic Games in Vancouver, (2) recognizes the achievements of the question is on the motion offered by British Columbia; players, coaches, students, and support staff the gentlewoman from California (Ms. (3) honors all of the Paralympic athletes who were instrumental in the victory. CHU) that the House suspend the rules for their contributions to the games; and The SPEAKER pro tempore. Pursu- and agree to the resolution, H. Res. (4) recognizes the contributions of the ath- ant to the rule, the gentlewoman from 1546, as amended. letes’ families, schools, and communities to

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.085 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7035 the Paralympic Games, and the United honoring the Paralympic athletes, and for American spirit, courage, and achieve- States Team. other purposes,’’ introduced by Congressman ment. I am proud we are able to work The SPEAKER pro tempore. Pursu- Leonard Lance on July 28, 2010. in a bipartisan fashion to bring this ant to the rule, the gentlewoman from As you know, this measure was referred to the Committee on Oversight and Govern- important measure to the House floor California (Ms. CHU) and the gentleman ment Reform and, in addition, to the Com- for final consideration, and I am proud from California (Mr. BILBRAY) each will mittee on Foreign Affairs for a period to be of athletes like Josh Pauls. control 20 minutes. subsequently determined by the Speaker, in Josh was 10 years old when his father The Chair recognizes the gentle- each case for consideration of such provi- first took him to a sled hockey game at woman from California. sions as fall within the jurisdiction of the the Bridgewater, New Jersey, arena. GENERAL LEAVE committee concerned. Soon after, Josh began playing locally Ms. CHU. Mr. Speaker, I ask unani- This bill contains provisions within the rule X jurisdiction of the Committee on For- and showed so much talent that his mous consent that all Members may eign Affairs. In the interest of permitting team manager recommended that he have 5 legislative days in which to re- your Committee to proceed expeditiously to try out for the national team. He took vise and extend their remarks. floor consideration of this important bill, I that advice and successfully made the The SPEAKER pro tempore. Is there am willing to waive this Committee’s right team. Now Josh is on the ice 11 months objection to the request of the gentle- to mark up this bill. I do so with the under- out of the year, both locally and trav- woman from California? standing that by waiving consideration of eling as far as the U.S. Olympic Center There was no objection. the bill, the Committee on Foreign Affairs in Colorado Springs to train with his Ms. CHU. I yield myself such time as does not waive any future jurisdictional claim over the subject matters contained in national team teammates. This is a I may consume. sacrifice made not only by Josh but by I rise in support of House Resolution the bill which fall within its rule X jurisdiction. his loving and supportive parents, 1479, a bill supporting the United Please include a copy of this letter and Debbie and Tony Pauls. Josh and his States Paralympics. A division of the your response in the Congressional Record teammates brought home one of four U.S. Olympic Committee, the United during consideration of the measure on the gold medals won by Team USA in the States Paralympics organizes elite ath- House floor. 2010 games and one of 13 overall medals letes with physical disabilities to com- Sincerely, won by this inspiring team. pete internationally in the summer and HOWARD L. BERMAN, I urge all of my colleagues to support winter Paralympic Games. Chairman. House Resolution 1479 was introduced this bipartisan resolution, honoring by our colleague, the gentleman from HOUSE OF REPRESENTATIVES, COM- not only Josh but all of the members of MITTEE ON OVERSIGHT AND GOV- Team USA, the United States New Jersey, Representative LEONARD ERNMENT REFORM, Paralympics, and the athletes, fami- LANCE, on June 25, 2010. It was referred Washington, DC, September 22, 2010. to the Committee on Oversight and lies, schools, and communities that Hon. HOWARD BERMAN, support these athletes year-round and Government Reform, which ordered it Chairman, Committee on Foreign Affairs, House reported favorably by unanimous con- of Representatives, Rayburn House Office not just during the Olympic Games. sent on July 28, 2010. The measure en- Building, Washington, DC. joys the support of over 50 cosponsors. DEAR CHAIRMAN BERMAN: Thank you for b 1500 your letter regarding H. Res. 1479, a resolu- I would like to thank the gentleman tion ‘‘Supporting the United States These athletes are the very best at from New Jersey for introducing this Paralympics, honoring the Paralympic ath- what they do and should serve as an in- measure, and I would also like to enter letes, and for other purposes,’’ introduced by spiration for all Americans for the into the RECORD an exchange of letters Congressman Leonard Lance on July 28, 2010. dedication and tenacity they show in between our committee, the Com- I agree that the Committee on Foreign Af- representing the United States of mittee on Oversight and Government fairs has valid jurisdictional claims to this America. resolution and I appreciate your willingness Reform, and the House Committee on Mr. BILBRAY. Mr. Speaker, I would Foreign Affairs, which expresses Chair- to waive further consideration of H. Res. 1479 in the interest of expediting consideration of like to thank the majority for allowing man BERMAN’s and the Foreign Affairs this important measure. I acknowledge that the Congressman to bring his item Committee’s support of House Resolu- your Committee is not relinquishing its ju- onto the floor for a vote. It is a tough tion 1479 and waives their jurisdic- risdiction over the relevant provisions of H. thing to do sometimes, especially from tional interest in this bill. Res. 1479, nor waiving its jurisdictional the minority, and I appreciate the fact Mr. Speaker, the Olympic Games pro- claims over similar measures in the future. that the majority was willing to allow This exchange of letters will be in the Con- mote ideals of fair sportsmanship, fair him to do that. play, physical fitness, and peace gressional Record as part of the consider- I ask for an affirmative vote, and I through sport. The Paralympics en- ation of H. Res. 1479 in the House. I thank you for working with me to pass yield back the balance of my time. sures that athletes with physical dis- this important legislation. Ms. CHU. Mr. Speaker, I yield back abilities can take part in these games, Sincerely, the balance of my time. representing our Nation on the world EDOLPHUS TOWNS, stage. Chairman. The SPEAKER pro tempore. The There are over 21 million Americans question is on the motion offered by I reserve the balance of my time. the gentlewoman from California (Ms. with a physical disability, including Mr. BILBRAY. Mr. Speaker, at this CHU) that the House suspend the rules thousands of men and women who sus- time it’s my privilege to yield such and agree to the resolution, H. Res. tained serious injuries while serving in time as he may consume to the gen- 1479. the military. I am glad that they have tleman from New Jersey (Mr. LANCE). the opportunity to represent our coun- Mr. LANCE. I thank the gentleman The question was taken. try by taking part in these games. Let from California and the gentlewoman The SPEAKER pro tempore. In the us now honor these athletes and recog- from California. opinion of the Chair, two-thirds being nize their achievements through the Mr. Speaker, I am proud to offer this in the affirmative, the ayes have it. passage of House Resolution 1479, and I resolution today to honor all of the Mr. BILBRAY. Mr. Speaker, I object urge my colleagues to join me in sup- athletes of the 2010 U.S. Paralympic to the vote on the ground that a porting it. Team, including my constituent Josh quorum is not present and make the HOUSE OF REPRESENTATIVES, Pauls, the youngest member of Team point of order that a quorum is not COMMITTEE ON FOREIGN AFFAIRS, USA. Josh Pauls of Watchung, New present. Washington, DC, September 21, 2010. Jersey, is a remarkable young man, a The SPEAKER pro tempore. Pursu- Hon. EDOLPHUS TOWNS, real American hero, and I am proud to ant to clause 8 of rule XX and the Chairman, Committee on Oversight and Govern- recognize him before the United States Chair’s prior announcement, further ment Reform, Rayburn House Office Build- proceedings on this motion will be ing, Washington, DC. Congress and the American people. DEAR CHAIRMAN TOWNS: I am writing to During the Paralympic Games and postponed. you concerning H. Res. 1479, a resolution every day of the year, Paralympic ath- The point of no quorum is considered ‘‘Supporting the United States Paralympics, letes like Josh demonstrate great withdrawn.

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.044 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7036 CONGRESSIONAL RECORD — HOUSE September 28, 2010 DOROTHY I. HEIGHT POST OFFICE cent, Bill Clinton. And I think that in NAACP Spingarn Medal to the Presidential BUILDING that spirit we should try, in a bipar- Medal of Freedom and the Congressional Ms. CHU. Mr. Speaker, I move to sus- tisan effort, to support this bill. Gold Medal. Dorothy Height was also a pro- pend the rules and pass the bill (H.R. Ms. PELOSI. Mr. Speaker, I rise today in ponent of strong family life, and organized the 6118) to designate the facility of the strong support of this legislation naming a post annual Black Family Reunion, which is held United States Postal Service located at office in Washington, D.C. after the godmother yearly. The Black Family Reunion for this re- 2 Massachusetts Avenue, N.E., in Wash- of the civil rights movement and a champion gion was held on Saturday, September 11, ington, D.C., as the ‘‘Dorothy I. Height of social justice: Dr. Dorothy I. Height. 2010, on the National Mall and is an African- Post Office Building,’’ as amended. I thank Congresswoman ELEANOR HOLMES American celebration held throughout the na- The Clerk read the title of the bill. NORTON for providing us with the opportunity tion during the summer. The text of the bill is as follows: to honor Dr. Height’s commitment and com- Please join me in honoring Dr. Height’s im- passion, grace and patriotism. H.R. 6118 mensely productive and impactful life by des- In her memoir, ‘‘Open Wide the Freedom ignating the facility of the United States Postal Be it enacted by the Senate and House of Rep- Gates,’’ Dr. Height wrote, ‘‘It is in the neigh- resentatives of the United States of America in Service located at 2 Massachusetts Avenue Congress assembled, borhood and communities where the world be- NE, in Washington, D.C., as the ‘‘Dorothy I. gins. That is where children grow and families SECTION 1. DOROTHY I. HEIGHT POST OFFICE. Height Post Office.’’ (a) DESIGNATION.—The facility of the are developed, where people exercise the I urge my colleagues to support this bill. United States Postal Service located at 2 power to change their lives.’’ Mr. BILBRAY. Mr. Speaker, I ask for Massachusetts Avenue, NE, in Washington, Today, we have the opportunity to ensure an affirmative vote, and I yield back D.C., shall be known and designated as the that Dr. Height’s name will live on in the the balance of my time. ‘‘Dorothy I. Height Post Office’’. neighborhoods and communities of our na- Ms. CHU. Mr. Speaker, I yield back (b) REFERENCES.—Any reference in a law, tion’s capital. And when we do so, we will the balance of my time. map, regulation, document, paper, or other have named the first public building in Wash- The SPEAKER pro tempore. The record of the United States to the facility re- ington’s history after an African American ferred to in subsection (a) shall be deemed to question is on the motion offered by be a reference to the ‘‘Dorothy I. Height Post woman. the gentlewoman from California (Ms. Office’’. I think it is particularly appropriate that the CHU) that the House suspend the rules Dorothy I. Height Post Office Building will be The SPEAKER pro tempore. Pursu- and pass the bill, H.R. 6118, as amend- just four blocks from the United States Cap- ant to the rule, the gentlewoman from ed. itol—where Dr. Height tirelessly lobbied on be- California (Ms. CHU) and the gentleman The question was taken. half of social justice, human rights, and equal- from California (Mr. BILBRAY) each will The SPEAKER pro tempore. In the ity. It is almost as if she is keeping a watchful control 20 minutes. opinion of the Chair, two-thirds being eye over us. The Chair recognizes the gentle- in the affirmative, the ayes have it. Men and women of every race and faith are woman from California. Mr. BILBRAY. Mr. Speaker, I object heirs to the work, passion, and legacy of to the vote on the ground that a GENERAL LEAVE Dorothy Height. Together, we must continue to quorum is not present and make the Ms. CHU. Mr. Speaker, I ask unani- help build the America that Dr. Height envi- point of order that a quorum is not mous consent that all Members may sioned: a nation defined by equality, shaped present. have 5 legislative days in which to re- by civil rights, and driven by the pursuit of jus- The SPEAKER pro tempore. Pursu- vise and extend their remarks. tice for all. ant to clause 8 of rule XX and the The SPEAKER pro tempore. Is there Hundreds of people came to the Wash- Chair’s prior announcement, further objection to the request of the gentle- ington National Cathedral to pay their last re- proceedings on this motion will be woman from California? spects to Dr. Height—ordinary residents of the postponed. There was no objection. nation’s capital, dignitaries, and even the The point of no quorum is considered Ms. CHU. Mr. Speaker, I yield myself President of the United States. As President withdrawn. such time as I may consume. Barack Obama said that day, ‘‘May God bless Mr. Speaker, on behalf of the House Dr. Dorothy Height and the union that she f Committee on Oversight and Govern- made more perfect’’ SUPPORTING GOLD STAR ment Reform, I am pleased to present I urge my colleagues to join me in making MOTHERS DAY H.R. 6118 for consideration. This meas- our union more perfect by honoring Dr. Height ure designates the facility of the Ms. CHU. Mr. Speaker, I move to sus- today. pend the rules and agree to the resolu- United States Postal Service located at Ms. NORTON. Mr. Speaker, I would like to 2 Massachusetts Avenue, NE in Wash- tion (H. Res. 1617) supporting the goals thank Chairman TOWNS for moving my bill to and purpose of Gold Star Mothers Day, ington, D.C. as the ‘‘Dorothy I. Height designate the facility of the United States Post Office.’’ which is observed on the last Sunday in Postal Service located at 21 Massachusetts September of each year in remem- H.R. 6118 was introduced by our colleague, Avenue, NE in Washington, D.C., as the brance of the supreme sacrifice made the gentlewoman from the District of Colum- ‘‘Dorothy I. Height Post Office’’ through com- by mothers who lose a son or daughter bia, Representative ELEANOR HOLMES NOR- mittee, and Speaker PELOSI and Majority serving in the Armed Forces. TON, on September 14, 2010. It was referred Leader HOYER for bringing it to the House The Clerk read the title of the resolu- to the Committee on Oversight and Govern- floor. tion. ment Reform, which ordered it reported favor- Dr. Dorothy I. Height, the longtime president The text of the resolution is as fol- ably by unanimous consent on September 23, of the National Council of Negro Women who lows: 2010. died this year, was never a public official, but Mr. Speaker, this chamber mourned the loss she spent her life in service of African Ameri- H. RES. 1617 of one of America’s most celebrated civil rights cans, especially African American women, and Whereas the American Gold Star Mothers leaders, Dr. Dorothy I. Height, earlier this year. in service of the people of the United States have suffered the supreme sacrifice of moth- erhood by losing a son or daughter who Today, we have the opportunity to continue to of America. So strong was the power of her served in the Armed Forces, and thus perpet- honor her life and achievements by giving her example that she was a role model to genera- uate the memory of all whose lives are sac- name to the post office in Washington, DC’s tions of women beyond her reach. Dorothy rificed in war; historic Postal Square Building. Height was a visionary and a civil rights leader Whereas the American Gold Star Mothers Mr. Speaker, I reserve the balance of known as the ‘‘Godmother of the Civil Rights assist veterans of the Armed Forces and my time. Movement.’’ She championed countless efforts their dependents in the presentation of Mr. BILBRAY. Mr. Speaker, I yield for basic justice in our country, particularly claims to the Department of Veterans Af- myself such time as I may consume. equal rights for women and people of color, fairs and aid members of the Armed Forces Mr. Speaker, the minority will sup- who served and died or were wounded or in- from equal pay to the integration of the na- capacitated during hostilities; port this bill. Ms. Height actually had tion’s governmental institutions and its societal Whereas the services rendered to the bipartisan support in her life. She got norms. United States by the mothers of America an award from one of the greatest, Dr. Height was recognized with virtually have strengthened and inspired Americans Ronald Reagan, and one of the more re- every significant national honor, from the throughout the history of the United States;

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.092 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7037 Whereas Americans honor themselves and Mr. Speaker, the sacrifices of the Gold Star quorum is not present and make the the mothers of America when they revere Mothers should never be far from our thoughts point of order that a quorum is not and emphasize the role of the home and the and prayers, and so I ask my colleagues to present. family as the true foundations of the United States; join me in honoring the Gold Star Mothers The SPEAKER pro tempore. Pursu- Whereas by doing so much for the home, through the passage of H. Res. 1617. ant to clause 8 of rule XX and the the American mother is a source of moral Mr. Speaker, I reserve the balance of Chair’s prior announcement, further and spiritual guidance for the people of the my time. proceedings on this motion will be United States and thus acts as a positive Mr. BILBRAY. Mr. Speaker, I yield postponed. force to promote good government and peace myself such time as I may consume. The point of no quorum is considered among all mankind; and Mr. Speaker, I think that as we were withdrawn. Whereas the last Sunday in September of each year is observed as Gold Star Mothers talking about many different items Day: Now, therefore, be it today, I think that as a culture, and es- f Resolved, That the House of Representa- pecially as a Congress, we always talk tives— about the men and women who serve SUPPORTING NATIONAL CRANIO- (1) supports the goals and purpose of Gold and those who pay the ultimate sac- FACIAL ACCEPTANCE MONTH Star Mothers Day, which is observed in re- rifice. Ms. CHU. Mr. Speaker, I move to sus- membrance of the supreme sacrifice made by But I think anyone who is a parent, mothers who lose a son or daughter serving pend the rules and agree to the resolu- in the Armed Forces; and especially those who are mothers, rec- tion (H. Res. 1603) expressing support (2) urges the President to issue a proclama- ognize that the only thing worse than for designation of September 2010 as tion calling upon the people of the United running into harm’s way is to watch National Craniofacial Acceptance States to observe Gold Star Mothers Day your child run into harm’s way. And Month. with appropriate ceremonies and activities. the greatest loss is not the loss of one’s The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- life, but a loss of a child’s life. And I tion. ant to the rule, the gentlewoman from think this is quite appropriate that we The text of the resolution is as fol- California (Ms. CHU) and the gentleman finally start focusing on the fact that lows: from California (Mr. BILBRAY) each will the great sacrifice made on the battle- H. RES. 1603 control 20 minutes. field is not by the men and women who Whereas there are 100,000 children born The Chair recognizes the gentle- are fighting, but the mothers who are each year in the United States with a woman from California. left behind and must live with what- craniofacial anomaly affecting the head, GENERAL LEAVE ever results occur on that battlefield, neck, extremities, or organs; Ms. CHU. Mr. Speaker, I ask unani- something that they will live with for Whereas craniofacial treatment will often mous consent that all Members may the rest of their lives. And I think it is last from infancy to adulthood; quite appropriate that we do this Whereas it is not uncommon for one to un- have 5 legislative days in which to re- dergo multiple surgeries before reaching today. vise and extend their remarks. adulthood; The SPEAKER pro tempore. Is there I am sad that we haven’t done it be- Whereas most craniofacial conditions af- objection to the request of the gentle- fore, to really recognize that those fect individuals and their families phys- woman from California? greatest heroes in America are the ically, mentally, and socially; There was no objection. mothers who have raised the children Whereas in the past 30 years, many med- Ms. CHU. Mr. Speaker, I yield myself that do the fighting that protect the ical procedures have been developed to help freedoms and the prosperity, and those improve the quality of life for those affected such time as I may consume. by craniofacial anomalies; Mr. Speaker, I rise in support of mothers who pay the ultimate sacrifice Whereas the number of physicians special- House Resolution 1617, a measure sup- should be recognized, not just here, but izing in treating these rare and complex con- porting the goals and ideals of Gold much more often. ditions is very small; Star Mothers Day, observed each Sep- And so I thank the majority for al- Whereas many groups have developed to tember in remembrance of the supreme lowing this to be brought forward. And, help advocate on the behalf of those with craniofacial anomalies and to encourage sacrifice made by mothers who lose a hopefully, as a nation, as a culture, we will recognize the contribution moth- greater acceptance and support of individ- son or a daughter serving in the Armed uals with craniofacial anomalies; and Forces. ers make in this great effort. Whereas September 2010 would be an appro- H. Res. 1617 was introduced by our col- The military couldn’t be the military priate month to designate as National league gentleman from California, Representa- if it wasn’t for the mothers who were Craniofacial Acceptance Month: Now, there- tive PETER ROSKAM on September 14, 2010. It willing to raise the children that we fore, be it was referred to the Committee on Oversight put in harm’s way. And they are will- Resolved, That the House of Representa- and Government Reform, which ordered it re- ing and, sadly, forced many times as tives supports the designation of National the Gold Star Mothers are, to live with Craniofacial Acceptance Month to encourage ported favorably by unanimous consent on all citizens to become better informed of the repercussions for the rest of their September 23, 2010. The measure enjoys the craniofacial conditions and advances in med- support of over 50 members of the House. lives of the great loss that they witness ical treatment. and this Nation has ignored for too We here in the House of Representatives The SPEAKER pro tempore. Pursu- long. I ask for passage of this bill. regularly take time to honor our brave men ant to the rule, the gentlewoman from and women serving in the armed services, Mr. Speaker, I yield back the balance California (Ms. CHU) and the gentleman particularly those who have made the ultimate of my time. from California (Mr. BILBRAY) each will Ms. CHU. Mr. Speaker, I yield back sacrifice in the line of duty. With so many put- control 20 minutes. the balance of my time. ting themselves in harm’s way, I’m very The Chair recognizes the gentle- The SPEAKER pro tempore. The pleased that we can make it a priority to keep woman from California. them and their families in our thoughts and question is on the motion offered by prayers. The American Gold Star Mothers are the gentlewoman from California (Ms. b 1510 a group of women who have all lost a son or CHU) that the House suspend the rules daughter serving in the Armed Forces, and and agree to the resolution, H. Res. GENERAL LEAVE today we honor their sacrifice. The Gold Star 1617. Ms. CHU. Mr. Speaker, I ask unani- Mothers provide services and comfort to their The question was taken. mous consent that all Members may members, assist veterans in presenting claims The SPEAKER pro tempore. In the have 5 legislative days in which to re- to the VA, and host a number of events opinion of the Chair, two-thirds being vise and extend their remarks. throughout the year to show support for our in the affirmative, the ayes have it. The SPEAKER pro tempore. Is there military. We thank them for all they do for our Mr. BILBRAY. Mr. Speaker, I object objection to the request of the gentle- troops and our veterans. to the vote on the ground that a woman from California?

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.052 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7038 CONGRESSIONAL RECORD — HOUSE September 28, 2010 There was no objection. The Clerk read the title of the bill. Mr. Speaker, we have a substantive Ms. CHU. Mr. Speaker, I rise in sup- The text of the bill is as follows: bill here, and I appreciate the leader- port of House Resolution 1603, express- H.R. 3243 ship bringing it up in the committee ing support for National Craniofacial Be it enacted by the Senate and House of Rep- we are working on. Acceptance Month. resentatives of the United States of America in One of the things we haven’t done H. Res. 1603 was introduced by our col- Congress assembled, enough on Government Oversight, and league, the gentleman from Arkansas, Rep- SECTION 1. TREATMENT OF HOURS WORKED I think the American people say we resentative MIKE ROSS, on July 30, 2010. It UNDER A TRADE-OF-TIME ARRANGE- haven’t done enough as a Congress as a was referred to the Committee on Oversight MENTS. whole, is to look at those things that and Government Reform, which ordered it re- Section 5542 of title 5, United States Code, we are doing in the government that ported favorably by unanimous consent on is amended by adding at the end the following: are not efficient, not effective, and, September 23, 2010. The measure has the ‘‘(g)(1) Notwithstanding any other provi- frankly, can be very wasteful not just support of over 70 members of the House. sion of this section, any hours worked by a of the taxpayers’ money but in their Mr. Speaker, there are 100,000 children firefighter under a qualified trade-of-time ar- time. born each year in the United States with a rangement shall be disregarded for purposes This bill is a commonsense approach. craniofacial anomaly affecting the head, neck, of any determination relating to eligibility It changes the accounting process and extremities, or organs. These include cleft lip for or the amount of any overtime pay under really makes the system much more and cleft palate, the most common congenital this section. user friendly for those who are serving. craniofacial anomalies seen at birth, as well as ‘‘(2) For purposes of this section— As the lady from California pointed ‘‘(A) the term ‘qualified trade-of-time ar- other conditions that can cause hearing loss rangement’ means an arrangement under out, those of us from California know or other complications. which 2 firefighters who are employed by the how important the Federal firefighters The development of more advanced treat- same agency agree, solely at their option can be. We just recently had massive ment options for individuals with these condi- and with the approval of their employing fires break out again, and we are sadly tions can greatly improve their quality of life, agency, to substitute for one another during looking forward to another season that but the number of physicians who specialize in scheduled work hours in performance of could be very, very damaging. These treating these rare and complex conditions is work in the same capacity; and firefighters are not just those covering very small. People born with craniofacial ‘‘(B) the term ‘firefighter’ has the meaning military installations but actually pro- anomalies often require extensive surgery in given such term by sections 8331(21) and 8401(14), respectively.’’. tect homes throughout the country, es- childhood and a great deal of support and en- pecially in those fire-prone areas such The SPEAKER pro tempore. Pursu- couragement along the way, so I am glad that as California. we can do our part to raise awareness of ant to the rule, the gentlewoman from I would again just say that I think these conditions today through the passage of California (Ms. CHU) and the gentleman this is appropriate. It is those little H. Res. 1603. I ask my colleagues to join me from California (Mr. BILBRAY) each will things that add up that the American in supporting it. control 20 minutes. people have been asking us to do more I reserve the balance of my time. The Chair recognizes the gentle- of, and I think this is one of those bi- Mr. BILBRAY. Mr. Speaker, we sup- woman from California. partisan issues. We can go back to our port the bill, and I will support the GENERAL LEAVE districts and say there is a lot of stuff gentlelady from California’s motion to Ms. CHU. Mr. Speaker, I ask unani- we haven’t done, we really need to do approve it. I appreciate the fact that mous consent that all Members may more, but at least we got together and we are able to consider the item at this have 5 legislative days within which to got this item done. And this item could time. revise and extend their remarks. not only save money but may be able I yield back the balance of my time. The SPEAKER pro tempore. Is there to make the system work efficiently. Ms. CHU. I yield back the balance of objection to the request of the gentle- Mr. LYNCH. Mr. Speaker, as Chairman of my time. woman from California? the House Subcommittee with jurisdiction over The SPEAKER pro tempore. The There was no objection. the Federal Workforce, Postal Service, and question is on the motion offered by Ms. CHU. Mr. Speaker, I yield myself the District of Columbia, and as a strong sup- the gentlewoman from California (Ms. such time as I may consume. porter of this bill, I am pleased that the House CHU) that the House suspend the rules I rise in support of H.R. 3243, legisla- will act today to advance H.R. 3243. The bill, and agree to the resolution, H. Res. tion to promote flexibility in work ar- introduced by Congressman JOHN SARBANES 1603. rangements and scheduling for Federal of Maryland, will allow federal fire fighters to The question was taken. firefighters. H.R. 3243 was introduced The SPEAKER pro tempore. In the trade shifts with each other, without triggering by Representative JOHN SARBANES, the opinion of the Chair, two-thirds being required overtime payments from their employ- gentleman from Maryland, on July 16, in the affirmative, the ayes have it. ing agencies. Notably, state and municipal fire Mr. BILBRAY. Mr. Speaker, I object 2009. The bill was reported favorably by fighters have long been able to swap shifts, or to the vote on the ground that a the Oversight and Government Reform to exchange time, and still be paid according quorum is not present and make the Committee on September 23, 2010. to the original work schedule. Such workplace point of order that a quorum is not H.R. 3243 allows federal firefighters to trade flexibility aids in boosting employee morale present. shifts without triggering mandatory overtime and increases overall retention rates, without The SPEAKER pro tempore. Pursu- payments and added costs for their agency. costing these local and state governments any ant to clause 8 of rule XX and the The bill simply allows traded time to be ex- additional money. Chair’s prior announcement, further cluded from the calculation of overtime. This The Sarbanes bill simply amends title 5 by proceedings on this motion will be grants more leave flexibility to these workers, excluding trade time from the calculation of postponed. without costing the government any money. overtime pay for federal fire fighters. Clearly, it The point of no quorum is considered The change is consistent with the workplace will still be up to the agency—such as the De- withdrawn. practices of state and municipal fire depart- partment of Defense—to approve the request f ments across the country. Under the bill, any to switch schedules. The bill’s enactment will decision to approve the workers’ request to actually save federal agencies money, be- AMENDING RULE ON FIREFIGHTER switch shifts would remain at the discretion of cause under current law, agencies must at OVERTIME PAY the employing agency. Trade time will boost times pay overtime for fill-in workers. How- Ms. CHU. Mr. Speaker, I move to sus- federal agencies’ ability to recruit and retain ever, under this legislation, these entities will pend the rules and pass the bill (H.R. trained firefighters. The bill is strongly sup- now have employees voluntarily agreeing to 3243) to amend section 5542 of title 5, ported by the International Association of Fire- work shifts without overtime being required. United States Code, to provide that fighters. Again, extending a small amount of sched- any hours worked by Federal fire- I thank Mr. SARBANES for his work on this uling flexibility to our federal fire fighters—that fighters under a qualified trade-of-time bill. neither increases agency costs nor reduces arrangement shall be excluded for pur- I reserve the balance of my time. manpower—is the right thing to do. Moreover, poses of determinations relating to Mr. BILBRAY. Mr. Speaker, I yield the bill’s enactment will increase the overtime pay. myself such time as I may consume. attractiveness of federal fire fighters positions,

VerDate Mar 15 2010 03:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.100 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7039 that at present can actually go unfilled for as ending on the date of the general elections (within the meaning of section 301(8) of the long as half a year. described in subsection (b)(1). Federal Election Campaign Act of 1971 (2 I’d like to take the opportunity to thank all The Administrator shall also notify the can- U.S.C. 431(8))) the candidate received for the didate that sections 7601(c) and 8403(b) of the general election for President or Vice-Presi- federal fire fighters as well as other fire fight- dent or payments from the Presidential Elec- ers, including those recently combating the Intelligence Reform and Terrorism Preven- tion Act of 2004 provide additional services. tion Campaign Fund under chapter 95 of the fires in the Salt Lake City suburbs, as well as ‘‘(B) The Administrator shall provide the Internal Revenue Code of 1986 the candidate my own fire fighters from Boston Local 718. notice under subparagraph (A)(i) to each eli- received for the general election; and I also want to express my appreciation to gible candidate— ‘‘(II) solicit and accept amounts for receipt Chairman TOWNS for his unwavering commit- ‘‘(i) in the case of a candidate of a major by such separate fund. ment to extending workplace flexibilities to all party (as defined in section 9002(6) of the In- ‘‘(ii) Any expenditures from the separate federal workers—regardless of whether they ternal Revenue Code of 1986), on one of the fund that are made from such contributions or payments described in clause (i)(I) shall are white collar desk workers or shift workers first 3 business days following the last nomi- nating convention for such major parties; be treated as expenditures (within the mean- such as our federal fire fighters. ing of section 301(9) of such Act (2 U.S.C. Mr. BIlBRAY. I yield back the bal- and ‘‘(ii) in the case of any other candidate, as 431(9))) or qualified campaign expenses (with- ance of my time. soon as practicable after an individual be- in the meaning of section 9002(11) of such Ms. CHU. I yield back the balance of comes an eligible candidate (or, if later, at Code), whichever is applicable. my time. the same time as notice is provided under ‘‘(iii) An eligible candidate establishing a The SPEAKER pro tempore. The clause (i)). separate fund under subparagraph (A) shall question is on the motion offered by ‘‘(C)(i) The Administrator shall, not later (as a condition for receiving services and fa- the gentlewoman from California (Ms. than 12 months before the date of each gen- cilities described in paragraph (2)) comply eral election for President and Vice-Presi- with all requirements and limitations of sec- CHU) that the House suspend the rules tion 5 in soliciting or expending amounts in and pass the bill, H.R. 3243. dent (beginning with the election to be held in 2012), prepare a report summarizing mod- the same manner as the President-elect or The question was taken. ern presidential transition activities, includ- Vice-President-elect, including reporting on The SPEAKER pro tempore. In the ing a bibliography of relevant resources. the transfer and expenditure of amounts de- opinion of the Chair, two-thirds being ‘‘(ii) The Administrator shall promptly scribed in subparagraph (B)(i) in the disclo- in the affirmative, the ayes have it. make the report under clause (i) generally sures required by section 5. Mr. BILBRAY. Mr. Speaker, I object available to the public (including through ‘‘(4)(A) In this subsection, the term ‘eligi- to the vote on the ground that a electronic means) and shall include such re- ble candidate’ means, with respect to any presidential election (as defined in section quorum is not present and make the port with the notice provided to each eligible candidate under subparagraph (A)(i). 9002(10) of the Internal Revenue Code of point of order that a quorum is not ‘‘(2)(A) Except as provided in subparagraph 1986)— present. (B), the services and facilities described in ‘‘(i) a candidate of a major party (as de- The SPEAKER pro tempore. Pursu- this paragraph are the services and facilities fined in section 9002(6) of such Code) for ant to clause 8 of rule XX and the described in subsection (a) (other than para- President or Vice-President of the United Chair’s prior announcement, further graphs (2), (3), (4), (7), and 8(A)(v) thereof), States; and proceedings on this motion will be but only to the extent that the use of the ‘‘(ii) any other candidate who has been de- postponed. services and facilities is for use in connec- termined by the Administrator to be among tion with the eligible candidate’s prepara- the principal contenders for the general elec- The point of no quorum is considered tions for the assumption of official duties as tion to such offices. withdrawn. President or Vice-President. ‘‘(B) In making a determination under sub- ‘‘(B) The Administrator— f paragraph (A)(ii), the Administrator shall— ‘‘(i) shall determine the location of any of- ‘‘(i) ensure that any candidate determined PRE-ELECTION PRESIDENTIAL fice space provided to an eligible candidate to be an eligible candidate under such sub- TRANSITION ACT OF 2010 under this subsection; paragraph— ‘‘(ii) shall, as appropriate, ensure that any Ms. CHU. Mr. Speaker, I move to sus- ‘‘(I) meets the requirements described in computers or communications services pro- Article II, Section 1, of the United States pend the rules and pass the bill (S. 3196) vided to an eligible candidate under this sub- Constitution for eligibility to the office of to amend the Presidential Transition section are secure; President; Act of 1963 to provide that certain ‘‘(iii) shall offer information and other as- ‘‘(II) has qualified to have his or her name transition services shall be available to sistance to eligible candidates on an equal appear on the ballots of a sufficient number eligible candidates before the general basis and without regard to political affili- of States such that the total number of elec- ation; and election. tors appointed in those States is greater ‘‘(iv) may modify the scope of any services than 50 percent of the total number of elec- The Clerk read the title of the bill. to be provided under this subsection to re- The text of the bill is as follows: tors appointed in all of the States; and flect that the services are provided to eligi- ‘‘(III) has demonstrated a significant level S. 3196 ble candidates rather than the President- of public support in national public opinion Be it enacted by the Senate and House of Rep- elect or Vice-President-elect, except that polls, so as to be realistically considered resentatives of the United States of America in any such modification must apply to all eli- among the principal contenders for President Congress assembled, gible candidates. or Vice-President of the United States; and ‘‘(C) An eligible candidate, or any person SECTION 1. SHORT TITLE. ‘‘(ii) consider whether other national orga- on behalf of the candidate, shall not use any nizations have recognized the candidate as This Act may be cited as the ‘‘Pre-Election services or facilities provided under this sub- being among the principal contenders for the Presidential Transition Act of 2010’’. section other than for the purposes described general election to such offices, including SEC. 2. CERTAIN PRESIDENTIAL TRANSITION in subparagraph (A), and the candidate or whether the Commission on Presidential De- SERVICES MAY BE PROVIDED TO EL- the candidate’s campaign shall reimburse bates has determined that the candidate is IGIBLE CANDIDATES BEFORE GEN- the Administrator for any unauthorized use eligible to participate in the candidate de- ERAL ELECTION. of such services or facilities. (a) IN GENERAL.—Section 3 of the Presi- ‘‘(3)(A) Notwithstanding any other provi- bates for the general election to such of- dential Transition Act of 1963 (3 U.S.C. 102 sion of law, an eligible candidate may estab- fices.’’. note) is amended by adding at the end the lish a separate fund for the payment of ex- (b) ADMINISTRATOR REQUIRED TO PROVIDE following new subsection: penditures in connection with the eligible TECHNOLOGY COORDINATION UPON REQUEST.— ‘‘(h)(1)(A) In the case of an eligible can- candidate’s preparations for the assumption Section 3(a)(10) of the Presidential Transi- didate, the Administrator— of official duties as President or Vice-Presi- tion Act of 1963 (3 U.S.C. 102 note) is amended ‘‘(i) shall notify the candidate of the can- dent, including expenditures in connection to read as follows: didate’s right to receive the services and fa- with any services or facilities provided under ‘‘(10) Notwithstanding subsection (b), con- cilities described in paragraph (2) and shall this subsection (whether before such services sultation by the Administrator with any provide with such notice a description of the or facilities are available under this section President-elect, Vice-President-elect, or eli- nature and scope of each such service and fa- or to supplement such services or facilities gible candidate (as defined in subsection cility; and when so provided). Such fund shall be estab- (h)(4)) to develop a systems architecture plan ‘‘(ii) upon notification by the candidate of lished and maintained in such manner as to for the computer and communications sys- which such services and facilities such can- qualify such fund for purposes of section tems of the candidate to coordinate a transi- didate will accept, shall, notwithstanding 501(c)(4) of the Internal Revenue Code of 1986. tion to Federal systems if the candidate is subsection (b), provide such services and fa- ‘‘(B)(i) The eligible candidate may— elected.’’. cilities to the candidate during the period ‘‘(I) transfer to any separate fund estab- (c) COORDINATION WITH OTHER TRANSITION beginning on the date of the notification and lished under subparagraph (A) contributions SERVICES.—

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.059 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7040 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (1) SECURITY CLEARANCES.—Section 7601(c) be offered on an equal basis and without re- which facilitated a highly efficient and effective of the Intelligence Reform and Terrorism gard to political affiliation. transition. Prevention Act of 2004 (50 U.S.C. 435b note) is (b) REPORTS.— S. 3196 encourages presidential candidates amended— (1) IN GENERAL.—The President of the to take steps that are necessary to effectively (A) by striking paragraph (1) and inserting: United States, or the President’s delegate, protect national and homeland security during ‘‘(1) DEFINITION.—In this section, the term shall provide to the Committee on Oversight ‘eligible candidate’ has the meaning given and Government Reform of the House of Rep- the transition period, and I want to thank Sen- such term by section 3(h)(4) of the Presi- resentatives and the Committee on Home- ator KAUFMAN for his leadership on this impor- dential Transition Act of 1963 (3 U.S.C. 102 land Security and Governmental Affairs of tant issue. I encourage all Members to support note).’’, and the Senate reports describing the activities this important bill. (B) by striking ‘‘major party candidate’’ in undertaken by the President and the Execu- I reserve the balance of my time. paragraph (2) and inserting ‘‘eligible can- tive Departments and agencies to prepare for Mr. BILBRAY. Mr. Speaker, I yield didate’’. the transfer of power to a new President. myself such time as I may consume. (2) PRESIDENTIALLY APPOINTED POSITIONS.— (2) TIMING.—The reports under paragraph Mr. Speaker, when we look at this Section 8403(b)(2)(B) of such Act (5 U.S.C. (1) shall be provided six months and three bill, we have got to think about what if 1101 note) is amended to read as follows: months before the date of the general elec- 9/11 had happened 6 months before or 9 ‘‘(B) OTHER CANDIDATES.—After making tion for the Office of President of the United months before. And what if on Inau- transmittals under subparagraph (A), the Of- States. guration Day terrorists decided that is fice of Personnel Management shall transmit SEC. 4. AUTHORIZATION OF APPROPRIATIONS. such electronic record to any other can- the time that America’s leadership There are authorized to be appropriated would be the weakest, that how could didate for President who is an eligible can- such sums as may be necessary to carry out didate described in section 3(h)(4)(B) of the the provisions of this Act. they really cause havoc not just with Presidential Transition Act of 1963 (3 U.S.C. an attack but be able to catch America The SPEAKER pro tempore. Pursu- 102 note) and may transmit such electronic when its political leadership was at its record to any other candidate for Presi- ant to the rule, the gentlewoman from weakest point. I think this bill is try- dent.’’. California (Ms. CHU) and the gentleman ing to make sure we avoid that vulner- (d) CONFORMING AMENDMENTS.—Section 3 of from California (Mr. BILBRAY) each will the Presidential Transition Act of 1963 (3 ability. control 20 minutes. It is still a threat I think we must U.S.C. 102 note) is amended— The Chair recognizes the gentle- (1) in subsection (a)(8)(B), by striking still be concerned about, but I think ‘‘President-elect’’ and inserting ‘‘President- woman from California. this helps to address the potential gap elect or eligible candidate (as defined in sub- GENERAL LEAVE that exists today, and hopefully we’ll section (h)(4)) for President’’; and Ms. CHU. Mr. Speaker, I ask unani- close that gap to make sure that we (2) in subsection (e), by inserting ‘‘, or eli- mous consent that all Members may tighten up the process and make it gible candidate (as defined in subsection have 5 legislative days within which to more outcome-based, and basically re- (h)(4)) for President or Vice-President,’’ be- revise and extend their remarks. flecting the fact that Washington gets fore ‘‘may designate’’. The SPEAKER pro tempore. Is there it that the world is changing and we SEC. 3. AUTHORIZATION OF TRANSITION ACTIVI- TIES BY THE INCUMBENT ADMINIS- objection to the request of the gentle- need to change too. We need to im- TRATION. woman from California? prove. Just because this is the way (a) IN GENERAL.—The President of the There was no objection. Washington has done something, it United States, or the President’s delegate, Ms. CHU. Mr. Speaker, I yield myself doesn’t mean that is the way we should may take such actions as the President de- such time as I may consume. not only do it in the future. But it is termines necessary and appropriate to plan I rise in strong support of Senate Bill not only that we can’t do it in the fu- and coordinate activities by the Executive 3196, the Pre-Election Presidential branch of the Federal Government to facili- ture; we can’t afford to do it in the fu- tate an efficient transfer of power to a suc- Transition Act of 2010. This bipartisan ture. If we are going to uphold our re- cessor President, including— legislation makes important improve- sponsibility to defend this country, to (1) the establishment and operation of a ments to the Presidential Transition serve this country, then we not only transition coordinating council comprised Act of 1963 to better equip qualified have the right to change our proce- of— candidates to prepare, and prepare ear- dures; we have the responsibility to (A) high-level officials of the Executive lier, for the all-too-short process of make these changes. I think this bill branch selected by the President, which may transitioning from running a campaign fulfills that responsibility in a very include the Chief of Staff to the President, small manner, but it could be very im- any Cabinet officer, the Director of the Of- to running the executive branch of the fice of Management and Budget, the Admin- United States. portant. istrator of the General Services Administra- As the non-partisan Partnership for Public I yield back the balance of my time. tion, the Director of the Office of Personnel Service has warned, ‘‘Given the complexity Ms. CHU. I yield back the balance of Management, the Director of the Office of and urgency of issues facing an incoming ad- my time. Government Ethics, and the Archivist of the ministration in a post–9/11 world, we need our The SPEAKER pro tempore. The United States, and president and his senior leadership to be question is on the motion offered by (B) any other persons the President deter- ready to govern on day one. An effective tran- the gentlewoman from California (Ms. mines appropriate; sition relies on advance preparation and skill- CHU) that the House suspend the rules (2) the establishment and operation of an and pass the bill, S. 3196. agency transition directors council which in- ful execution, not hope and luck.’’ S. 3196 takes important steps to help future The question was taken. cludes career employees designated to lead The SPEAKER pro tempore. In the Presidents with the transition process, and transition efforts within Executive Depart- opinion of the Chair, two-thirds being ments or agencies; therefore helps them to navigate and prepare (3) the development of guidance to Execu- in the affirmative, the ayes have it. for governing in an increasingly complex Mr. BILBRAY. Mr. Speaker, I object tive Departments and agencies regarding world. briefing materials for an incoming adminis- to the vote on the ground that a The Pre-Election Presidential Transition Act quorum is not present and make the tration, and the development of such mate- will make the decision to undertake transition rials; and point of order that a quorum is not (4) the development of computer software, planning easier by providing resources to present. publications, contingency plans, issue qualified candidates. The bill requires GSA to The SPEAKER pro tempore. Pursu- memoranda, memoranda of understanding, offer each candidate an array of services ant to clause 8 of rule XX and the training and exercises (including crisis train- promptly upon nomination, including fully Chair’s prior announcement, further ing and exercises), programs, lessons learned equipped office space, communication serv- proceedings on this motion will be from previous transitions, and other items ices, briefings, and training. Candidates will postponed. appropriate for improving the effectiveness also be authorized to establish a separate The point of no quorum is considered and efficiency of a Presidential transition 501(c)(4) fund to cover transition-related ex- that may be disseminated to eligible can- withdrawn. didates (as defined in section 3(h)(4) of the penses or to supplement GSA’s services. f The bill also authorizes the appropriation of Presidential Transition Act of 1963, as added SECURITY COOPERATION ACT OF by section 2(a)) and to the President-elect funds for use by the outgoing Administration to and Vice-President-elect. plan and coordinate activities to facilitate an 2010 Any information and other assistance to eli- efficient transfer of power. This follows the Mr. BERMAN. Mr. Speaker, I move gible candidates under this subsection shall model put in place by the Bush Administration, to suspend the rules and pass the bill

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.061 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7041 (S. 3847) to implement certain defense ‘‘(IV) toxicological agents, biological (1) in paragraph (1), by inserting ‘‘, as well trade cooperation treaties, and for agents, and associated equipment, as listed as exports pursuant to a treaty referred to in other purposes. in the United States Munitions List (part section 38(j)(1)(C)(i) of this Act,’’ after ‘‘com- The Clerk read the title of the bill. 121.1 of chapter I of title 22, Code of Federal mercial exports under this Act’’; and Regulations), Category XIV, subcategories (2) in paragraph (2), by inserting ‘‘, as well The text of the bill is as follows: (a), (b), (f)(1), (i), (j) as it pertains to (f)(1), (l) as exports pursuant to a treaty referred to in S. 3847 as it pertains to (f)(1), and (m) as it pertains section 38(j)(1)(C)(i) of this Act,’’ after ‘‘com- Be it enacted by the Senate and House of Rep- to all of the subcategories cited in this para- mercial exports’’. resentatives of the United States of America in graph; (d) PRESIDENTIAL CERTIFICATIONS.— Congress assembled, ‘‘(V) defense articles and defense services (1) EXPORTS.—Section 36(c) of such Act (22 SECTION 1. SHORT TITLE. specific to the design and testing of nuclear U.S.C. 2776(c)) is amended by adding at the This Act may be cited as the ‘‘Security Co- weapons which are controlled under United end the following new paragraph: operation Act of 2010’’. States Munitions List Category XVI(a) and ‘‘(6) The President shall notify the Speaker (b), along with associated defense articles in of the House of Representatives and the TITLE I—DEFENSE TRADE COOPERATION Category XVI(d) and technology in Category Chairman of the Committee on Foreign Re- TREATIES XVI(e); lations of the Senate at least 15 days prior to SEC. 101. SHORT TITLE. ‘‘(VI) with regard to the treaty cited in an export pursuant to a treaty referred to in This title may be cited as the ‘‘Defense clause (i)(I), defense articles and defense section 38(j)(1)(C)(i) of this Act to which the Trade Cooperation Treaties Implementation services that the United States controls provisions of paragraph (1) of this subsection Act of 2010’’. under the United States Munitions List that would apply absent an exemption granted SEC. 102. EXEMPTIONS FROM REQUIREMENTS. are not controlled by the United Kingdom, as under section 38(j)(1) of this Act, for which (a) RETRANSFER REQUIREMENTS.—Section defined in the United Kingdom Military List purpose such notification shall contain infor- 3(b) of the Arms Export Control Act (22 or Annex 4 to the United Kingdom Dual Use mation comparable to that specified in para- U.S.C. 2753(b)) is amended by inserting ‘‘a List, or any successor lists thereto; and graph (1) of this subsection.’’. treaty referred to in section 38(j)(1)(C)(i) of ‘‘(VII) with regard to the treaty cited in (2) COMMERCIAL TECHNICAL ASSISTANCE OR this Act permits such transfer without prior clause (i)(II), defense articles for which Aus- MANUFACTURING LICENSING AGREEMENTS.— consent of the President, or if’’ after ‘‘if’’. tralian laws, regulations, or other commit- Section 36(d) of such Act (22 U.S.C. 2776(d)) is (b) BILATERAL AGREEMENT REQUIRE- ments would prevent Australia from enforc- amended by adding at the end the following MENTS.—Section 38(j)(1) of such Act (22 ing the control measures specified in such new paragraph: U.S.C. 2778(j)(1)) is amended— treaty.’’. ‘‘(6) The President shall notify the Speaker (1) in the subparagraph heading for sub- SEC. 103. ENFORCEMENT. of the House of Representatives and the paragraph (B), by inserting ‘‘FOR CANADA’’ (a) CRIMINAL VIOLATIONS.—Section 38(c) of Chairman of the Committee on Foreign Re- after ‘‘EXCEPTION’’; and such Act (22 U.S.C. 2778(c)) is amended by lations of the Senate at least 15 days prior to (2) by adding at the end the following new striking ‘‘this section or section 39, or any an export pursuant to a treaty referred to in subparagraph: rule or regulation issued under either sec- section 38(j)(1)(C)(i) of this Act to which the ‘‘(C) EXCEPTION FOR DEFENSE TRADE CO- tion’’ and inserting ‘‘this section, section 39, provisions of paragraph (1) of this subsection OPERATION TREATIES.— a treaty referred to in subsection (j)(1)(C)(i), would apply absent an exemption granted ‘‘(i) IN GENERAL.—The requirement to con- or any rule or regulation issued under this under section 38(j)(1) of this Act, for which clude a bilateral agreement in accordance section or section 39, including any rule or purpose such notification shall contain infor- with subparagraph (A) shall not apply with regulation issued to implement or enforce a mation comparable to that specified in para- respect to an exemption from the licensing treaty referred to in subsection (j)(1)(C)(i) or graph (1) of this subsection.’’. requirements of this Act for the export of dean implementing arrangement pursuant to (e) FEES AND POLITICAL CONTRIBUTIONS.— fense items to give effect to any of the fol- such treaty’’. Section 39(a) of such Act (22 U.S.C. 2779(a)) is lowing defense trade cooperation treaties, (b) ENFORCEMENT POWERS OF PRESIDENT.— amended— provided that the treaty has entered into Section 38(e) of such Act (22 U.S.C. 2278(e)) is (1) in paragraph (1), by striking ‘‘; or’’ and force pursuant to article II, section 2, clause amended by striking ‘‘defense services,’’ and inserting a semicolon; 2 of the Constitution of the United States: inserting ‘‘defense services, including de- (2) in paragraph (2), by inserting ‘‘or’’ after ‘‘(I) The Treaty Between the Government fense articles and defense services exported the semicolon; and of the United States of America and the Gov- or imported pursuant to a treaty referred to (3) by adding at the end the following new ernment of the United Kingdom of Great in subsection (j)(1)(C)(i),’’. paragraph: Britain and Northern Ireland Concerning De- (c) NOTIFICATION REGARDING EXEMPTIONS ‘‘(3) exports of defense articles or defense fense Trade Cooperation, done at Washington FROM LICENSING REQUIREMENTS.—Section services pursuant to a treaty referenced in and London on June 21 and 26, 2007 (and any 38(f) of such Act (22 U.S.C. 2778(f)) is amended section 38(j)(1)(C)(i) of this Act;’’. implementing arrangement thereto). by adding at the end the following new para- SEC. 105. LIMITATION ON IMPLEMENTING AR- ‘‘(II) The Treaty Between the Government graph: RANGEMENTS. of the United States of America and the Gov- ‘‘(4) Paragraph (2) shall not apply with re- (a) IN GENERAL.—No amendment to an im- ernment of Australia Concerning Defense spect to an exemption under subsection (j)(1) plementing arrangement concluded pursuant Trade Cooperation, done at Sydney Sep- to give effect to a treaty referred to in sub- to a treaty referred to in section 38(j)(1)(C)(i) tember 5, 2007 (and any implementing ar- section (j)(1)(C)(i) (and any implementing ar- of the Arms Export Control Act, as added by rangement thereto). rangements to such treaty), provided that this Act, shall enter into effect for the ‘‘(ii) LIMITATION OF SCOPE.—The United the President promulgates regulations to im- United States unless the Congress adopts, States shall exempt from the scope of a trea- plement and enforce such treaty under this and there is enacted, legislation approving ty referred to in clause (i)— section and section 39.’’. the entry into effect of that amendment for ‘‘(I) complete rocket systems (including (d) INCENTIVE PAYMENTS.—Section 39A(a) the United States. ballistic missile systems, space launch vehi- of such Act (22 U.S.C. 2779a(a)) is amended by (b) COVERED AMENDMENTS.— cles, and sounding rockets) or complete un- inserting ‘‘or exported pursuant to a treaty (1) IN GENERAL.—The requirements speci- manned aerial vehicle systems (including referred to in section 38(j)(1)(C)(i) of this fied in subsection (a) shall apply to any cruise missile systems, target drones, and re- Act’’ after ‘‘under this Act’’. amendment other than an amendment that connaissance drones) capable of delivering at SEC. 104. CONGRESSIONAL NOTIFICATION. addresses an administrative or technical least a 500 kilogram payload to a range of 300 (a) RETRANSFERS AND REEXPORTS.—Section matter. The requirements in subsection (a) kilometers, and associated production facili- 3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) shall not apply to any amendment that sole- ties, software, or technology for these sys- is amended by inserting ‘‘or has been ex- ly addresses an administrative or technical tems, as defined in the Missile Technology empted from the licensing requirements of matter. Control Regime Annex Category I, Item 1; this Act pursuant to a treaty referred to in (2) U.S.-UK IMPLEMENTING ARRANGEMENT.— ‘‘(II) individual rocket stages, re-entry ve- section 38(j)(1)(C)(i) of this Act where such In the case of the Implementing Arrange- hicles and equipment, solid or liquid propel- treaty does not authorize the transfer with- ment Pursuant to the Treaty Between the lant motors or engines, guidance sets, thrust out prior United States Government ap- Government of the United States of America vector control systems, and associated pro- proval’’ after ‘‘approved under section 38 of and the Government of the United Kingdom duction facilities, software, and technology, this Act’’. of Great Britain and Northern Ireland Con- as defined in the Missile Technology Control (b) DISCRIMINATION.—Section 5(c) of such cerning Defense Trade Cooperation, signed at Regime Annex Category I, Item 2; Act (22 U.S.C. 2755(c)) is amended by insert- Washington February 14, 2008, amendments ‘‘(III) defense articles and defense services ing ‘‘or any import or export under a treaty to which the requirements specified in sub- listed in the Missile Technology Control Re- referred to in section 38(j)(1)(C)(i) of this section (a) apply shall include— gime Annex Category II that are for use in Act’’ after ‘‘under this Act’’. (A) any amendment to section 2, para- rocket systems, as that term is used in such (c) ANNUAL ESTIMATE OF SALES.—Section graphs (1), (2), or (3) that modifies the cri- Annex, including associated production fa- 25(a) of such Act (22 U.S.C. 2765(a)) is amend- teria governing operations, programs, and cilities, software, or technology; ed— projects to which the treaty applies;

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(B) any amendment to section 3, para- Government approval is required for the re- (4) MOROCCO.—To the Government of Mo- graphs (1) or (2) that modifies the criteria transfer or re-export of a defense article, or rocco, the NEWPORT class amphibious tank governing end-use requirements and the re- to exceptions to such requirement; and landing ship BOULDER (LST–1190). quirements for approved community mem- (I) any amendment to section 11, paragraph (b) TRANSFER BY SALE.—The President is bers responding to United States Govern- (6) that modifies conditions of entry to the authorized to transfer the OSPREY class ment solicitations; Australian community under the treaty. minehunter coastal ship ROBIN (MHC–54) to (C) any amendment to section 4, paragraph (c) CONGRESSIONAL NOTIFICATION FOR OTHER the Taipei Economic and Cultural Rep- (4) that modifies the criteria for including AMENDMENTS TO IMPLEMENTING ARRANGE- resentative Office of the United States items on the list of defense articles exempt MENTS.—Not later than 15 days before any (which is the Taiwan instrumentality des- from the treaty; amendment to an implementing arrange- ignated pursuant to section 10(a) of the Tai- (D) any amendment to section 4, paragraph ment to which subsection (a) does not apply wan Relations Act (22 U.S.C. 3309(a)) on a (7) that modifies licensing and other applica- shall take effect, the President shall provide sale basis under section 21 of the Arms Ex- ble requirements relating to items added to to the Committee on Foreign Relations of port Control Act (22 U.S.C. 2761). the list of defense articles exempt from the the Senate and the Committee on Foreign (c) GRANTS NOT COUNTED IN ANNUAL TOTAL scope of the treaty; Affairs of the House of Representatives a re- OF TRANSFERRED EXCESS DEFENSE ARTI- (E) any amendment to section 7, paragraph port containing— CLES.—The value of a vessel transferred to (4) that modifies the criteria for eligibility (1) the text of the amendment; and another country on a grant basis pursuant to in the approved community under the treaty (2) an analysis of the amendment’s effect, authority provided by subsection (a) shall for nongovernmental United Kingdom enti- including an analysis regarding why sub- not be counted against the aggregate value ties and facilities; section (a) does not apply. of excess defense articles transferred in any (F) any amendment to section 7, paragraph SEC. 106. IMPLEMENTING REGULATIONS. fiscal year under section 516 of the Foreign (9) that modifies the conditions for sus- The President is authorized to issue regu- Assistance Act of 1961 (22 U.S.C. 2321j). pending or removing a United Kingdom enti- lations pursuant to the Arms Export Control (d) COSTS OF TRANSFERS.—Any expense in- ty from the approved community under the Act (22 U.S.C. 2751 et seq.) to implement and curred by the United States in connection treaty; enforce the Treaty Between the Government with a transfer authorized by this section (G) any amendment to section 7, para- of the United States of America and the Gov- shall be charged to the recipient (notwith- graphs (11) or (12) that modifies the condi- ernment of the United Kingdom of Great standing section 516(e) of the Foreign Assist- tions under which individuals may be grant- Britain and Northern Ireland Concerning De- ance Act of 1961 (22 U.S.C. 2321j(e))). ed access to defense articles exported under fense Trade Cooperation, done at Washington (e) REPAIR AND REFURBISHMENT IN UNITED the treaty; and London on June 21 and 26, 2007 (and any STATES SHIPYARDS.—To the maximum extent (H) any amendment to section 9, para- implementing arrangement thereto) and the practicable, the President shall require, as a graphs (1), (3), (7), (8), (9), (12), or (13) that Treaty Between the Government of the condition of the transfer of a vessel under modifies the circumstances under which United States of America and the Govern- this section, that the recipient to which the United States Government approval is re- ment of Australia Concerning Defense Trade vessel is transferred have such repair or required for the re-transfer or re-export of a Cooperation, done at Sydney, September 5, furbishment of the vessel as is needed, before defense article, or to exceptions to such re- 2007 (and any implementing arrangement the vessel joins the naval forces of the recipi- quirement; and thereto), consistent with other applicable ent, performed at a shipyard located in the (I) any amendment to section 11, paragraph provisions of the Arms Export Control Act, United States, including a United States (4)(b) that modifies conditions of entry to as amended by this Act, and with the terms Navy shipyard. the United Kingdom community under the of any resolution of advice and consent (f) EXPIRATION OF AUTHORITY.—The author- treaty. adopted by the Senate with respect to either ity to transfer a vessel under this section (3) U.S.-AUSTRALIA IMPLEMENTING AR- treaty. shall expire at the end of the 2-year period RANGEMENT.—In the case of the Imple- SEC. 107. RULE OF CONSTRUCTION. beginning on the date of the enactment of menting Arrangement Pursuant to the Trea- Nothing in this title, the Treaty Between this Act. ty Between the Government of the United the Government of the United States of States of America and the Government of TITLE III—OTHER MATTERS the Australia Concerning Defense Trade Co- America and the Government of the United Kingdom of Great Britain and Northern Ire- SEC. 301. EXPEDITED CONGRESSIONAL DEFENSE operation, signed at Washington March 14, EXPORT REVIEW PERIOD FOR 2008, amendments to which the requirements land Concerning Defense Trade Cooperation, ISRAEL. specified in subsection (a) apply shall in- done at Washington and London on June 21 The Arms Export Control Act (22 U.S.C. clude— and 26, 2007 (and any implementing arrange- 2751 et seq.) is amended— (A) any amendment to section 2, para- ment thereto), the Treaty Between the Gov- (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), graphs (1), (2), or (3) that modifies the cri- ernment of the United States of America and 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), teria governing operations, programs, and the Government of Australia Concerning De- 62(c)(1), and 63(a)(2), by inserting ‘‘Israel,’’ projects to which the treaty applies; fense Trade Cooperation, done at Sydney, before ‘‘or New Zealand’’ each place it ap- (B) any amendment to section 3, para- September 5, 2007 (and any implementing ar- pears; and graphs (1) or (2) that modifies the criteria rangement thereto), or in any regulation (2) in section 3(b)(2), by inserting ‘‘the Gov- governing end-use requirements and the reissued to implement either treaty, shall be ernment of Israel,’’ before ‘‘or the Govern- quirements for approved community mem- construed to modify or supersede any provi- ment of New Zealand’’. bers responding to United States Govern- sion of law or regulation other than the Arms Export Control Act (22 U.S.C. 2751 et SEC. 302. EXTENSION OF WAR RESERVES STOCK- ment solicitations; PILE AUTHORITY. seq.), as amended by this Act, and the Inter- (C) any amendment to section 4, paragraph (a) DEPARTMENT OF DEFENSE APPROPRIA- national Traffic in Arms Regulations (sub- (4) that modifies criteria for including items TIONS ACT, 2005.—Section 12001(d) of the De- chapter M of chapter I of title 22, Code of on the list of defense articles exempt from partment of Defense Appropriations Act, 2005 Federal Regulations). the scope of the treaty; (Public Law 108–287; 118 Stat. 1011) is amend- (D) any amendment to section 4, paragraph TITLE II—AUTHORITY TO TRANSFER ed by striking ‘‘more than 4 years after’’ and (7) that modifies licensing and other applica- NAVAL VESSELS inserting ‘‘more than 8 years after’’. ble requirements relating to items added to SEC. 201. SHORT TITLE. (b) FOREIGN ASSISTANCE ACT OF 1961.—Sec- the list of defense articles exempt from the This title may be cited as the ‘‘Naval Ves- tion 514(b)(2)(A) of the Foreign Assistance scope of the treaty; sel Transfer Act of 2010’’. Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is (E) any amendment to section 6, paragraph SEC. 202. TRANSFER OF NAVAL VESSELS TO CER- amended by striking ‘‘fiscal years 2007 and (4) that modifies the criteria for eligibility TAIN FOREIGN RECIPIENTS. 2008’’ and inserting ‘‘fiscal years 2011 and in the approved community under the treaty (a) TRANSFERS BY GRANT.—The President is 2012’’. for nongovernmental Australian entities and authorized to transfer vessels to foreign facilities; countries on a grant basis under section 516 The SPEAKER pro tempore. Pursu- (F) any amendment to section 6, paragraph of the Foreign Assistance Act of 1961 (22 ant to the rule, the gentleman from (9) that modifies the conditions for sus- U.S.C. 2321j), as follows: California (Mr. BERMAN) and the gen- pending or removing an Australian entity (1) INDIA.—To the Government of India, the tleman from California (Mr. BILBRAY) from the Australia community under the OSPREY class minehunter coastal ships each will control 20 minutes. treaty; KINGFISHER (MHC–56) and CORMORANT The Chair recognizes the gentleman (G) any amendment to section 6, para- (MHC–57). from California (Mr. BERMAN). graphs (11), (12), (13), or (14) that modifies the (2) GREECE.—To the Government of Greece, conditions under which individuals may be the OSPREY class minehunter coastal ships b 1520 granted access to defense articles exported OSPREY (MHC–51), BLACKHAWK (MHC–58), GENERAL LEAVE under the treaty; and SHRIKE (MHC–62). (H) any amendment to section 9, para- (3) CHILE.—To the Government of Chile, Mr. BERMAN. Mr. Speaker, I ask graphs (1), (2), (4), (7), or (8) that modifies the the NEWPORT class amphibious tank land- unanimous consent that all Members circumstances under which United States ing ship TUSCALOOSA (LST–1187). may have 5 legislative days to revise

VerDate Mar 15 2010 05:58 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.062 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7043 and extend their remarks and include There was no objection. tion on the Civil Aspects of Inter- extraneous material on the bill under Mr. SMITH of New Jersey. Mr. national Child Abduction, as amended. consideration. Speaker, I yield myself such time as I The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there may consume. objection to the request of the gen- (Mr. SMITH of New Jersey asked and tion. tleman from California? was given permission to revise and ex- The text of the resolution is as fol- There was no objection. tend his remarks.) lows: Mr. BERMAN. Mr. Speaker, I rise in Mr. SMITH of New Jersey. Mr. strong support of the bill, and I yield Speaker, I rise in support of this im- H. RES. 1326 myself such time as I may consume. portant national security measure. Mr. Whereas Japan is an important partner Mr. Speaker, the bill before us, the with the United States and shares interests Security Cooperation Act of 2010, has Speaker, this legislation is comprised of three components. First, it author- in the areas of economy, defense, global three major components. First, it in- peace and prosperity, and the protection of cludes implementing legislation for the izes the transfer of certain naval ves- the human rights of the two nations’ respec- defense trade treaties between the sels to U.S. friends and allies abroad, tive citizens in an increasingly integrated United States and two of our closest al- including India, Greece and Taiwan. global society; lies, the United Kingdom and Aus- It also includes language previously Whereas the Government of Japan acceded tralia, respectively. These treaties will adopted by the House that strengthens in 1979 to the International Covenant on support the longstanding special rela- the U.S. commitment to the security of Civil and Political Rights that states tionship shared by the U.S., the United the Jewish state of Israel by expediting ‘‘States Parties to the present Covenant Kingdom, and Australia by stream- the process for approving foreign mili- shall take appropriate steps to ensure equal- lining the processes for transferring tary sales to that country and by ex- ity of rights and responsibilities of spouses certain controlled items among our tending the dates and the amounts of as to marriage, during marriage and at its items to support combined military U.S. excess equipment that can be dissolution. In the case of dissolution, provi- transferred to Israel from regional sion shall be made for the necessary protec- and counterterrorism operations, coop- tion of any children [Article 23]’’; erative security and research, and stockpiles. Thirdly, it provides a statutory basis Whereas since 1994, the Office of Children’s other defense projects. The imple- Issues (OCI) at the United States Depart- menting legislation also provides a for the President to implement defense ment of State had opened over 214 cases in- clear statutory basis for enforcement trade cooperation treaties signed be- volving 300 United States citizen children ab- of the treaties, including the prosecu- tween the government of the United ducted to or wrongfully retained in Japan, tion of those who violate their require- States and the governments of the U.K. and as of September 17, 2010, OCI had 95 open ments. and Australia respectively. These trea- cases involving 136 United States citizen Second, S. 3847 gives Israel the same ties represent a fundamental shift in children abducted to or wrongfully retained status as our NATO allies Australia, the way the United States conducts de- in Japan; Japan, New Zealand and South Korea fense trade with its closest allies. Whereas the United States Congress is not with regard to the length of the con- Rather than reviewing export li- aware of any legal decision that has been gressional review period for U.S. arms censes, the treaties will establish a issued and enforced by the Government of sales. The security relationship be- structure in which trade in defense ar- Japan to return a single abducted child to tween the U.S. and Israel is vital and ticles, technology, and services can the United States; Whereas Japan has not acceded to the 1980 strong, and Israel deserves the same take place more freely between ap- Hague Convention on the Civil Aspects of treatment as these other nations. proved communities in the United International Child Abduction (the Hague Finally, this bill authorizes the States, the United Kingdom, and Aus- Convention), resulting in the continued ab- transfer by grant and sale of excess tralia where such trade is in support of sence of an immediate civil remedy that as a naval vessels to India, Greece, Chile, combined military and counterterror- matter of urgency would enable the expe- Morocco, and Taiwan to better assist ism operations, joint research and de- dited return of abducted children to their them with their legitimate defense velopment, production and support pro- custodial parent in the United States where needs, and in so doing strengthens our grams, and mutually agreed upon appropriate, or otherwise immediately allow relationship with these nations. projects where the end user is the U.K., access to their United States parent; Mr. Speaker, I reserve the balance of the Australian Government, or U.S. Whereas the Government of Japan is the my time. Government end users. only G-7 country that has not acceded to the Mr. BILBRAY. Mr. Speaker, I yield Mr. Speaker, I yield back the balance Hague Convention; myself such time as I may consume. Whereas the Hague Convention would not Mr. Speaker, I appreciate the chair- of my time. apply to most abductions occurring before man’s action on this item. Let me just Mr. BERMAN. Mr. Speaker, I yield Japan’s ratification of the Hague Conven- say as probably the only Member of back the balance of my time. tion, requiring, therefore, that Japan create Congress of Australian ancestry, I The SPEAKER pro tempore. The a separate parallel process to resolve the ab- want to point out that the British, we question is on the motion offered by ductions of all United States citizen children might have had a couple of run-ins the gentleman from California (Mr. who currently remain wrongfully removed to with the British every once in a while BERMAN) that the House suspend the or retained in Japan, including the 136 over the last few centuries, but the rules and pass the bill, S. 3847. United States citizen children who have been The question was taken; and (two- reported to the United States Department of only country, the only country that State and who are being held in Japan fought in every war in the last century thirds being in the affirmative) the rules were suspended and the bill was against the wishes of their parent in the and this last century alongside the United States and, in many cases, in direct United States was those men and passed. A motion to reconsider was laid on violation of a valid United States court women from Australia. order; I am very proud to be able to serve the table. Whereas the Hague Convention provides here in Congress and be able to support f enumerated defenses designed to provide pro- this bill in this forum. I think that we CALLING ON JAPAN TO ADDRESS tection to children alleged to be subjected to just have to remember that too often CHILD ABDUCTION CASES a grave risk of physical or psychological we take our allies for granted, our harm in the left-behind country; truly close friends, who are close to us Mr. BERMAN. Mr. Speaker, I move Whereas United States laws against domes- in many ways. But in some of us, it is to suspend the rules and agree to the tic violence extend protection and redress to closer than others, and I hope that resolution (H. Res. 1326) calling on the Japanese spouses; somewhere I can be able to stick this Government of Japan to immediately Whereas there are cases of Japanese con- to my cousins in Queensland, Aus- address the growing problem of abduc- sulates located within the United States issuing or reissuing travel documents of tralia, and point out that I was here to tion to and retention of United States citizen minor children in Japan, to dual-national children notwithstanding at least speak in favor of this bill. United States court orders restricting travel; Mr. Speaker, I yield the balance of work closely with the Government of the United States to return these chil- Whereas Japanese family courts may not my time to the gentleman from New actively enforce parental access and joint Jersey (Mr. SMITH), and I ask unani- dren to their custodial parent or to the custody arrangements for either a Japanese mous consent that he be allowed to original jurisdiction for a custody de- national or a foreigner, there is little hope control that time. termination in the United States, to for children to have contact with the non- The SPEAKER pro tempore. Is there provide left-behind parents immediate custodial parent; objection to the request of the gen- access to their children, and to adopt Whereas the Government of Japan has not tleman from California? without delay the 1980 Hague Conven- prosecuted an abducting parent or relative

VerDate Mar 15 2010 06:23 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.110 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7044 CONGRESSIONAL RECORD — HOUSE September 28, 2010 criminally when that parent or relative ab- ders by a court of competent jurisdiction and What it does is it addresses the abducts the child into Japan, but has pros- with notarized signatures from both parents; duction of American citizen children to ecuted cases of foreign nationals removing (E) calls on Japan to accede to the 1980 Japan, as you might imagine, a very, Japanese children from Japan; Hague Convention on the Civil Aspects of very important issue for the families Whereas according to the United States International Child Abduction without delay Department of State’s April 2009 Report on and to promptly establish judicial and en- involved and for the governments of Compliance with the Hague Convention on forcement procedures to facilitate the imme- both the United States and Japan. the Civil Aspects of International Child Ab- diate return of children to their habitual res- Japan is a vital partner and a friend duction, abducted children are at risk of se- idence and to establish procedures for recog- of the United States, but on the issue rious emotional and psychological problems nizing rights of parental access; and of international parental child abduc- and have been found to experience anxiety, (F) calls on the President of the United tion our two countries’s viewpoints are eating problems, nightmares, mood swings, States and the Secretary of State to con- substantially different and progress sleep disturbances, aggressive behavior, re- tinue raising the issue of abduction and has been painfully slow. Once Amer- sentment, guilt, and fearfulness, and as wrongful retention of those United States adults may struggle with identity issues, ican children are abducted to Japan, citizen children in Japan with Japanese offi- the left-behind parents have little or their own personal relationships, and par- cials and domestic and international press; enting; and no access to them, even though their Whereas left-behind parents may encoun- (2) it is the sense of the House of Rep- children are dual U.S. and Japanese ter substantial psychological, emotional, resentatives that the United States should— citizens. Currently there are 136 U.S. and financial problems, and many may not (A) recognize the issue of child abduction citizen children abducted to and held in have the financial resources to pursue civil to and retention of United States citizen Japan. or criminal remedies for the return of their children in Japan as an issue of paramount Japan is the only G–7 country that is children in foreign courts or political sys- importance to the United States within the not a signatory to the Hague Conven- tems; context of its bilateral relationship with tion that governs international paren- Whereas, on October 16, 2009, the Ambas- Japan; sadors to Japan of Australia, Canada, tal child abduction. We urge the Japa- (B) work with the Government of Japan to nese government to ratify the conven- France, Italy, New Zealand, Spain, the enact consular and passport procedures and United Kingdom, and the United States, all legal agreements to prevent parental abduction as quickly as possible. parties to the Hague Convention, called upon tion to and retention of United States cit- The Japanese government also needs Japan to accede to the Hague Convention izen children in Japan; to create a process to resolve existing and to identify and implement measures to (C) review its advisory services made avail- cases of American children who are enable parents who are separated from their able to United States citizens domestically being held in Japan against the wishes children to establish contact with them and and internationally from the Department of of their parents in the United States, to visit them; State, the Department of Defense, the De- and in many cases in direct violation of Whereas, on January 30, 2010, the Ambas- partment of Justice, and other government sadors to Japan of Australia, France, New a valid U.S. court order. Steps need to agencies to ensure that effective and timely Zealand, the United Kingdom and the United be taken immediately to help facilitate assistance is given to United States citizens States, the Charges d’Affaires ad interim of in preventing the incidence of wrongful re- dialogue, visitation, and greater access Canada and Spain, and the Deputy Head of tention or removal of children and acting to for the left-behind parents with their Mission of Italy, called on Japan’s Minister obtain the expeditious return of their chil- children. of Foreign Affairs, submitted their concerns dren from Japan; Our children are the most important over the increase in international parental (D) review its advisory services for mem- and cherished resource, and it is a trag- abduction cases involving Japan and affect- bers of the United States Armed Forces, par- ing their nationals, and again urged Japan to edy for everyone involved when they ticularly those stationed in Japan by the De- sign the Hague Convention; are taken away and denied access to Whereas the Government of Japan has re- partment of Defense and the United States one of their parents. These children cently created a new office within the Min- Armed Forces, to ensure that preventive have a right to enjoy the love of both istry of Foreign Affairs to address parental education and timely legal assistance are parents and the benefits of both their made available; and child abduction and a bilateral commission Japanese and American cultures. with the Government of the United States to (E) call upon the Secretary of State to establish procedures with the Government of Mr. Speaker, I urge my colleagues to share information on and seek resolution of support this resolution. outstanding Japanese parental child abduc- Japan to resolve immediately any parental child abduction or access issue reported to I reserve the balance of my time. tion cases; and Mr. SMITH of New Jersey. Mr. Whereas it is critical for the Governments the United States Department of State. Speaker, I yield myself such time as I of the United States and Japan to work to- The SPEAKER pro tempore. Pursu- gether to prevent future incidents of inter- ant to the rule, the gentleman from may consume. Mr. Speaker, first of all let me thank national parental child abduction to Japan, California (Mr. BERMAN) and the gen- Chairman BERMAN and ILEANA ROS- which damages children, families, and Ja- tleman from New Jersey (Mr. SMITH) LEHTINEN, our Ranking Member, for pan’s national image with the United States: each will control 20 minutes. Now, therefore, be it their leadership in helping to shepherd The Chair recognizes the gentleman Resolved, That— this legislation to the floor today, and from California. (1) the House of Representatives— I want to thank my good friend and (A) condemns the abduction and wrongful GENERAL LEAVE retention of all children being held in Japan colleague Mr. MORAN for his sponsor- Mr. BERMAN. Mr. Speaker, I ask ship. I am very proud to join him as away from their United States parents; unanimous consent that all Members (B) calls on the Government of Japan to the original cosponsor of this very im- immediately facilitate the resolution of all may have 5 legislative days to revise portant and very timely resolution. abduction cases, to recognize United States and extend their remarks and include You know, Mr. Speaker, last year we court orders governing persons subject to ju- extraneous material on the resolution learned and really the country learned risdiction in a United States court, and to under consideration. a great deal about this growing prob- make immediately possible access and com- The SPEAKER pro tempore. Is there lem of international child abduction munication for all children with their left- objection to the request of the gen- with the case of David Goldman, whose behind parents; tleman from California? son was abducted for 5 years at the (C) calls on the Government of Japan to in- There was no objection. clude Japan’s Ministry of Justice in work time, to Brazil. Thankfully, after a full with the Government of the United States to Mr. BERMAN. Mr. Speaker, I yield court press, he was not only reunited, facilitate the identification and location of myself such time as I may consume. but he is now safe, father and son, in all United States citizen children alleged to Mr. Speaker, I am in strong support New Jersey. have been wrongfully removed to or retained of this resolution. It is a bipartisan res- But what we learned, the lessons in Japan and for the immediate establish- olution, and if I might just take a sec- learned from that, was that far too lit- ment of procedures and a timetable for the ond to mention that the two real lead- tle has been done to help the other resolution of existing cases of abduction, in- ers in the movement to this resolution 2,800 American children who have been terference with parental access to children, and in pushing the underlying issue, a and violations of United States court orders; abducted to foreign countries, often in (D) calls on the Government of Japan to very important one, Mr. MORAN of Vir- defiance of court orders that had said review and amend its consular procedures to ginia and Mr. SMITH of New Jersey, are you cannot leave. ensure that travel documents for children on the floor, both I believe to speak on This resolution that we are consid- are issued with due consideration to any or- this resolution. ering today, H. Res. 1326, is an urgent

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.071 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7045 appeal to the government of Japan to And the list goes on. Chris Savoie’s with identity issues, their own per- end its complicity and/or its indiffer- children, Isaac and Rebecca Savoie, sonal relationships, and parenting. ence to international child abduction. were abducted in 2009 to Japan by their I urge my colleagues to support H. Res. 1326, calling on Japan to end the b 1530 mother, in violation of a Tennessee State order of joint custody and in vio- child abuse of international child ab- Frankly, Mr. Speaker, American pa- lation of Tennessee statutes. As a reduction. tience has finally run out. At present, sult of the mother’s selfish actions, Mr. I reserve the balance of my time. at least 136 American children are Savoie has been awarded sole custody The SPEAKER pro tempore. Without being held in Japan against the wishes of the children, but Japan will not rec- objection, the gentleman from Ten- of their American parent, and in many ognize either the joint custody or the nessee will control the time. cases, in violation of valid U.S. court sole custody award. Although Chris is There was no objection. orders. According to the Department of the children’s father, the Japanese Mr. TANNER. Mr. Speaker, I am Defense, in 2009 alone—and we just got Government will not enforce any ac- pleased at this time to yield 10 minutes to the gentleman from Virginia (Mr. this by way of a report—10 American cess or communication with his chil- MORAN). children were abducted to Japan from dren. Mr. MORAN of Virginia. Mr. Speak- members of the U.S. Armed Forces. Mr. Speaker, for 50 years we have er, I thank my friend from Tennessee; That’s in 2009 alone. It is simply unac- seen all talk and no action on the part I thank my colleague from New Jersey ceptable and unconscionable that of the Japanese Government. Japan (Mr. SMITH); and, of course, Chairman today Japan still has no mechanism to has never issued and enforced a legal equitably issue and enforce a return or BERMAN. decision to return a single American Mr. Speaker, the United States and visitation order for children. It is intol- child. The circumstances of each par- erable that the lawless and damaging Japan have a strong and critical alli- ticular abduction seem not to matter. ance. It is based on shared interests act of child abduction goes unpunished Once in Japan, the abducting parent is in a civilized nation. When an Amer- and values and our common support for untouchable and the children are bereft political and economic freedoms, ican parent who has taken every legal of their American parent for the rest of precaution to ensure their child is not human rights, and international law. their childhood. France, Canada, Italy, abducted realizes that his or her child Japan, for example, is second to none New Zealand, Spain, and the United has disappeared, their heart breaks and in supporting President Barack Kingdom have all repeatedly asked a lifetime of waiting and pleading for Obama’s vision of a ‘‘world without nu- Japan to work with them on returning action by both the U.S. and the Japa- clear weapons,’’ and advocating for nu- their abducted children. Japan’s inac- nese Government begins. clear disarmament and nonprolifera- Patrick Braden is one such father. tion on the issue is a thorn in the side tion. Japan has also recently doubled Mr. Braden took every possible legal of their relations with the entire inter- its civilian aid to Afghanistan, helping precaution to protect his daughter national community. in our mission there to a great and im- Japan’s current inaction violates its from abduction and to maintain his portant extent. duties under the International Cov- presence in her life as her father. How- But, Mr. Speaker, this resolution in- ever, in 2006, Mr. Braden’s infant enant on Civil and Political Rights Ar- volves 214 cases involving more than daughter, Melissa, was abducted from ticle 23, completely and unjustly ignor- 300 American children who have been her home by her mother, in violation of ing the equal rights of one parent. H. abducted to Japan and/or wrongfully a Los Angeles Superior Court order Res. 1326 calls upon Japan to imme- retained in Japan since 1994. These giving both parents access to the child diately and urgently establish a proc- American children are in Japan be- and prohibiting international travel ess for the resolution of abduction and cause they were kidnapped by a parent with the child by either parent. Mr. wrongful retention of American chil- with Japanese citizenship. Despite a Braden has been unjustly cut off from dren. Japan must find the will to estab- shared concern within the inter- his daughter by the covert illegal ac- lish today a process that would justly national community, the Japanese tions of the mom and daily worries and equitably end the cruel separation Government has yet to accede to the that his daughter is being abused by a currently endured by parents and chil- 1980 Hague Convention on the Civil As- grandparent who has a history of such dren alike. pects of International Child Abduction abuse. H. Res. 1326 also calls on Japan to or create any other mechanism to re- Likewise, Sergeant Michael Elias join the Hague Convention on the Civil solve international child abductions. hopes and waits and pleads with two Aspects of International Child Abduc- Japan’s existing family law system, governments, the U.S. Government and tion. The Convention sets out the which dates back to the 1600s, neither the Japanese Government, because we international norms for resolution of recognizes joint custody nor actively haven’t done enough to work out some abduction and wrongful retention cases enforces parental access agreements way of reuniting his family. While sta- and would create a framework to that have been adjudicated by United tioned in Japan, he met the woman quickly resolve future cases—and States courts. Essentially, American who would become his wife. She came would act as a deterrent to parents parents must beg to see their abducted to the United States and they were who now feel that they can abduct children and have no legal recourse if married in New Jersey in 2005. Jade their child to Japan and never be the taking parent decides to deny them was born in 2006 and Michael in 2007. caught. In light of the misuse of Japa- access. That’s wrong. In no case has Sadly, his wife started an affair while nese consulates in the Elias case, H. the Japanese Government facilitated Michael was on active duty in Iraq. Res. 1326 also calls on Japan to ensure the return to a parent outside their Their marriage came to an end in that its consulates are not accessories country. 2008, with a judge granting both par- to parental kidnapping. Japan must So the intent of this resolution is to ents custody and requiring the sur- put into place a system that stops the bring the plight of these parents to the render of the children’s American and issuing or reissuing of passports with- forefront of the public consciousness. It Japanese passports because their moth- out the explicit and verifiable consent calls on the Japanese Government to er had threatened to abduct the chil- of the American parent. ratify the 1980 Hague Convention on dren. Tragically, the Japanese con- Finally, Japan must recognize the the Civil Aspects of International Child sulate reissued Japanese passports for terrible damage to children and fami- Abduction so that Japan will commit the children in violation of the valid lies caused by international child ab- to a process that will return abducted U.S. court orders restricting travel and duction. Children who have suffered an children to their custodial parent in in violation of U.S. federal criminal pa- abduction are at risk of serious emo- the United States and elsewhere, where rental kidnapping statutes. Sergeant tional and psychological problems and appropriate, or otherwise immediately Elias has not seen his children since have been found to experience anxiety, at least allow access to their non-Japa- 2008. And the Japanese Government has eating problems, nightmares, mood nese parent. done nothing to assist in their return swings, sleep disturbances, aggressive The Japanese Government doesn’t or in the return of Patrick Braden’s behavior, resentment, guilt, and fear- consider it a crime and will not pros- daughter. fulness, and as adults may struggle ecute a Japanese citizen that abducts a

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This was mentioned by myself 2 minutes. Japan does, however, prosecute cases Mr. SMITH. They were abducted just Mr. Speaker, after all of the publicity of foreign nationals who remove Japa- last year by their mother in violation surrounding David Goldman, several nese children from Japan, which vio- of a Tennessee State court order. You people, including Patrick Braden, lates any basic sense of fairness. So shouldn’t be messing with Tennessee walked into my office and said that they apply a different law if somebody State courts. In violation of a Ten- they had been totally frustrated not abducts a child from Japan than they nessee State court order of joint cus- just by the Japanese Government but, apply if somebody abducts a child from tody and Tennessee statutes, they were to some extent, by our own. the United States or from another for- taken to Japan. Both children have We need the tools at the State De- eign country and brings the child to been denied any communication by and partment, at the Office of Children’s Japan, where they have haven from the access to their father. So the mother is Issues, to more effectively promote the law. It is infuriating to learn, frankly, holding them in Japan, and the father interests of American parents and of that Japanese officials have issued cannot have access to either child even American abducted children. I’ve intro- travel documents and passports to though the court has ordered it. duced legislation, and my good friend these abductors in defiance of pre- There is one other case. Again, this is JIM MORAN is one of the cosponsors. It viously established U.S. custody or- typical of so many other cases—more is legislation which would comprehen- ders. In some cases, they have given than 100. Lastly, the Eliases—one child sively give the Administration real false names to the children being kid- aged 4, the other aged 2. They were ab- tools to make this a government-to- napped to Japan, issuing false pass- ducted just about a year and a half ago, government fight rather than a David ports so that they are directly in December of 2008, from New Jersey. versus Goliath fight, where it is one in- complicit in these abductions. It was in violation of another court dividual fighting a court system and a Now, there are numerous heart- order prohibiting the removal of the government in a faraway land. breaking abduction stories, and I am children from the State of New Jersey. Paul Toland walked into my office, just going to mention a few because Yet they were taken out of the coun- who is JIM MORAN’S constituent—he Mr. SMITH went into several. try. The children’s father tries des- walked into his office as well—and we One case, though, in particular, perately to have contact with his chil- have both been trying to help him. which I want to underscore involves a dren, but he is forbidden to have that Here is a man who served honorably as case from my district in Virginia, contact. This father needs to be men- a commander in the United States which is right across the river from the tioned specifically. Navy; and for over 6 years, close to 7 Nation’s Capital. It involves a Japa- Here is an Iraqi war veteran. He was years, he has not seen his daughter. As nese mother who, for fear of what shot twice in the service of our coun- my good friend and colleague pointed might happen to her child, has to re- try. He was dragged from a vehicle that out, the grandmother has custody. Just quest that her name not be used. Her had been destroyed by a mine, and he like David Goldman, his wife had husband, who is not Japanese, fled to returned home only to find an empty passed away, the man whose son was Japan because he is a lawyer, and he home and his children abducted. Right abducted to Brazil, and somebody else knew that he would find safe haven now, without this resolution’s achiev- had custody of his child. Paul Toland’s from Virginia court orders in violation ing its objective, he will have very lit- case is similar. of U.S. law. So, here, he kidnapped a tle hope in ever seeing or hearing from Patrick Braden invited me down to child from a Japanese mother, knowing his children again. the Japanese Embassy. I have to tell that he could take the child to Japan So, as tragic as these cases are, more you, as a father of four, I was moved to and that he would find haven there are developing as we speak. According tears when a group of left-behind par- from any prosecution under U.S. laws to this year’s statistics provided by the ents and people concerned about left- and not even have to allow access of U.S. Embassy in Japan, the number of behind parents and abducted children the child to the mother. cases of parental child abduction to gathered in front of the Japanese Em- It gets even worse. Japan has doubled in the past 2 years bassy. Despite having no contact with her and has more than quadrupled in the So what did Patrick do? children, this woman has to continue past 4 years. The problem of abduction In a very dignified and very respect- to pay child support, and the address isn’t going away. It’s only getting ful way, he requested that he at least on the payment statement is the only worse. These children who have been get to see his child. It was her birthday connection she has with her children. abducted to Japan have not only lost that day. There was a birthday cake to That is wrong. their previous precious connections Melissa, who was halfway around the Mr. SMITH mentioned the Braden with their parents, but they have been world. We all sang Happy Birthday, and case. Melissa Braden was secretly ab- deprived of their full heritage, their he blew out the candles. He was miss- ducted from her home in 2006 by her families and culture. ing her again for another year. It goes mother and brought to Japan in viola- American parents are calling on the on and on. tion of previous Los Angeles Superior U.S. Government to urgently intervene This has to be resolved, Mr. Speaker. Court orders, which gave both parents and to quickly find a diplomatic solu- We need our President, our Secretary access to the child and prohibited tion. They have no other voice in this of State and the Congress to get behind international travel with the child by convoluted process. That’s what we are these left-behind parents and to get be- either parent. Yet the mother was able asking for. These parents are not going hind bringing back our abducted chil- to take the child from the father in to give up. dren. If there is a custody issue, resolve violation of court orders, and she is I want to thank Chairman BERMAN it in the courts of habitual residence. protected by the Japanese Govern- and particularly two of his staff mem- ment. bers, JJ Ong and Jessica Lee, for their b 1550 There is the case of Erika Toland, tireless efforts; Mr. SMITH and his staff; That’s where those custody issues who was abducted in 2003 from Negishi and my own staff—Tim Aiken, legisla- need to be fought out, not in a land United States Navy Family housing in tive director; Yasmine Taeb; and Shai like Japan where abduction is treated Yokohama to Tokyo, Japan, by her Tamari. They have worked diligently with kid gloves and actually embraced. now-deceased mother. So the mother is with these parents. I thank them for I said previously, ‘‘with indifference.’’ deceased, but she is being held by her their efforts. Sometimes I wonder if it’s indifference

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I yield to My intention was—by cosigning the Chair- dinary and Pleni- the gentleman. man’s letter and co-sponsoring this resolu- potentiary of Japan Mr. MORAN of Virginia. I appreciate tion—to provide additional incentive to the to the United States your mentioning Mr. Toland. He, for 2 of America. Government of Japan to work with our govern- ‘‘We understand that your government es- years, has worked with our office day ment in trying to find ways to bring U.S. par- tablished a new Office of Child Custody within and day out. He will not give up on ents together with their children in Japan. in the Foreign Ministry. We would like to his child, but he has made it clear we I am pleased to inform you that in the past learn more about the new office, including now are his only hope and that of more four months—thanks in large part to the lead- who and how many staff are dedicated to than 100 parents who are desperate to ership and dedication of my colleagues and this office; the mission of the office and du- see their children. They have been de- friends, Mr. MORAN and Mr. SMITH—significant ties of its staff; and how this new office in- nied. Thank you for particularly men- progress has been made. In that time, the tends to address the systemic challenges and tioning Mr. Toland. resolve existing cases of international paren- Government of Japan has taken serious steps tal child abduction.’’ The SPEAKER pro tempore. The to address this matter and to lay the ground- The Ministry of Foreign Affairs established time of the gentleman has expired. work for an ongoing process, in close co- the Division for Issues related to Child Cus- Mr. SMITH of New Jersey. I yield operation with the Government of the United tody in December 2009. The Division is to su- myself the balance of my time to con- States. pervise various efforts regarding child cus- clude. On August 11, I received a copy of Japan’s tody issues within the Ministry of Foreign I want to thank my friend for his response to our letter. The response makes it Affairs. The Division was established within the leadership on this. This is a bipartisan clear that a great deal more remains to be issue. This is a human rights issue of Foreign Policy Bureau, which is the head bu- done by both of our governments, but the re- reau in the Ministry. The Senior Foreign American parents and of American sponse also shows Japan has certainly taken Policy Coordinator is assigned to be the Di- children. We rightfully speak out on some significant first steps. vision’s director. Ten staff, including offi- human rights abuses in China and I seek unanimous consent to submit for the cials of the related divisions, are assigned to Darfur and all over the world wherever RECORD a copy of Japan’s response describ- the Division and a full time staff was added and whenever they occur. This is a ing those steps. The letter is detailed and spe- in May 2010 to strengthen its function. The Division is closely working with re- human rights abuse that’s occurring cific. It reflects a willingness by the Govern- against our own families, and our gov- lated divisions on major issues related to ment of Japan first to reorganize itself to deal international child custody. For example, ernment—and this goes through suc- more effectively with this matter and, even the Division is coordinating following en- cessive administrations, Republican more importantly, a clear readiness to take deavors in the Ministry of Foreign Affairs; and Democrat—does not do enough. concrete actions to prevent future cases considering the possibility of joining the You know, I don’t know how many where parents are unable to be with their chil- Convention; informing Japanese nationals you have ever seen that Seinfeld epi- dren. residing in foreign countries of local laws sode with the Penske file which gets For these reasons, it is very clear that the and regulations; and considering possible measures to facilitate consular visits and moved around from left to right and Government of Japan is taking seriously the George doesn’t do anything of, really, child visitations, etc. Also, the Division is expressions of concern from Members of this working on facilitating discussions with re- substance with it. We have very good body, and I believe those efforts should be lated ministries like the Ministry of Justice, people at the State Department who recognized. timely explaining developments on inter- have these files in hand that would EMBASSY OF JAPAN, national child custody issues to Diet mem- love to do more but they lack the Washington, DC. bers and liaising with media, etc. The Divi- tools. They lack the ability authorized Hon. ENI F.H. FALEOMAVAEGA, sion is also promoting public awareness on by this Congress and by law to take it House of Representatives, this issue in Japan, and as a part of its exer- to the next level. Washington, DC. cise, it is cooperating with the Japan Fed- This is a government-to-government DEAR CHAIRMAN FALEOMAVAEGA: I am send- eration of Bar Associations to hold a sympo- ing this letter under the instruction of Min- sium on the Convention. fight. Had it not been for the Congress ister for Foreign Affairs of Japan in response Besides the consideration process of the rallying around David Goldman, Sean to your letter dated April 5th, 2010. Hague Convention, existing cases of cross- Goldman would still be in Brazil today The child custody issues are complex and border removal of children have to be ad- because there would have been another each parent may claim his/her own assertion. dressed, including visitation issues. As a part appeal in the court and another appeal. The Government of Japan is making sincere of such an effort, we established a US-Japan They run out the clock and then the efforts to deal with this issue, from the consultative group and started the discus- child is an adult. That’s what is hap- standpoint that the welfare of the child sion. should be of utmost importance. We are well Under the current Japanese legal system, pening to all 2,800 American abducted aware of and sympathetic to the plight of the Japanese government does not have the children. The abductors are playing a children and families who have been affected authority to order or instruct a parent who game, a very dangerous game; and in by unfortunate child custody disputes in- is alleged to have taken away a child to per- Japan, as Mr. MORAN and I know so volving Japanese and American citizens. mit his or her child to meet with the child’s well, nobody comes back. The officials at the political level in the other parent, or U.S. consular officers. Mean- Our government has to get serious. Ministry of Foreign Affairs are in close con- while, regardless of their nationalities, under This resolution puts all of us on record tact with their counterparts in the Ministry Japanese law, parents who claim their chil- and says we mean business. This is of Justice to address this issue. As for the dren were taken improperly may seek redress—including possibly gaining custody of only the first step. Hague Convention, which you also raised in your letter, the Government of Japan is seri- their children and their children’s return or Mr. FALEOMAVAEGA. Mr. Speaker, I rise ously considering the possibility of joining asserting other rights regarding their chil- today to express my support and sympathy for the Convention, and we are accelerating our dren, like visitations—by availing them- U.S. parents who are not able to see their consideration process, which was initiated selves of established judicial proceedings children, when those children are in the cus- by Prime Minister Hatoyama. Aside from the (conciliation/determination) based on the tody of other family members in another coun- Convention, we are also discussing possible Domestic Relations Procedure Act. In in- try. I am committed to doing everything I can ways for the consular officers of the U.S. in stances where a party violates an agreement to help these parents be reunited with their Japan and parents who claim that their chil- relating to custody or visitation obtained through such proceedings, or does not com- children. However, I believe strongly that if we dren were taken to Japan to have better access to their children. ply with orders issued in such proceedings adopt H. Res. 1326 today, we will undermine Please find attached an information sheet which relate to custody, visitation, etc., the the progress that has been made by our Gov- that responds to other points referred in aggrieved party may request the family ernment and the Government of Japan on this your letter. The Ministry will continue to courts to recommend the other parties to extremely important matter. have close consultation with the State De- fulfill their obligations. Also, although there

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.180 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7048 CONGRESSIONAL RECORD — HOUSE September 28, 2010 are some restrictions from the viewpoint of freedom of religion and association as Greek metal objects within the wall, the Church of the child’s best interest, the parties may re- Cypriots in the occupied areas are unable to the Holy Virgin in the site of Trachonas was quest the family court to force direct com- worship freely due to the restricted access to used as a dancing school until the Turkish pliance or order compulsory payment to en- religious sites and continued destruction of occupiers built a road that destroyed part of force an order on return of child, and request the property of the Church of Cyprus; it in March 2010, the Church of the Templars the court to order compulsory payment to Whereas according to the United Nations- was converted into a night club, and the enforce court order on visitation, depending brokered Vienna III Agreement of August 2, Church of Panagia Trapeza in Acheritou vil- on the facts of each case. There have been 1975, ‘‘Greek-Cypriots in the north of the is- lage was used as a sheep stall before it was many cases where return of children and vis- land are free to stay and they will be given recently destroyed by looters removing itation were successfully implemented under every help to lead a normal life, including fa- metal objects from medieval graves within the current system. cilities for education and for the practice of the church; In addition, there have been cases where their religion . . .’’; Whereas the Republic of Cyprus discovered US embassy or consular officials were unable Whereas according to the Secretary Gen- iron-inscribed crosses stolen from Greek to resolve child custody matters but sought eral’s Report on the United Nations Oper- cemeteries in the north in trucks owned by and received assistance from Ministry of ation in Cyprus in June 1996, the Greek Cyp- a Turkish-Cypriot firm that intended to send Foreign Affairs of Japan (MOFA). In these riots and Maronites living in the northern them to India to be recycled; instances, MOFA officials made diligent and part of the island ‘‘were subjected to severe Whereas United States art dealer Peggy even intensive efforts to convey the US gov- restrictions and limitations in many basic Goldberg was found culpable for illegally ernment’s request to the Japanese parents in freedoms, which had the effect of ensuring marketing 6th century mosaics from the question and/or their lawyers through all ap- that inexorably, with the passage of time, Panagia Kanakaria church because the judge propriate measures, including making tele- the communities would cease to exist.’’; found that a ‘‘thief obtains no title or right phone calls and sending letters. Because par- Whereas the very future and existence of of possession of stolen items’’ and therefore ents, children and their families usually historic Greek Cypriot, Maronite, and Arme- ‘‘a thief cannot pass any right of ownership have very complicated feelings in such mat- nian communities are now in grave danger of . . . to subsequent purchasers.’’; ters, the Ministry’s contacts are often re- extinction; Whereas the extent of the illicit trade of jected at first. However, the MOFA officials Whereas the Abbot of the Monastery of the religious artifacts from the churches in the make repeated efforts to contact them and Apostle Barnabas is routinely denied permis- Turkish occupied areas of northern Cyprus to hold sincere talks with them. sion to hold services or reside in the mon- by Turkish black market dealer Aydin In the US-Japan consultative group, we astery of the founder of the Church of Cyprus Dikmen was exposed following a search of would like to exchange information about and the Bishop of Karpass has been refused his property by the Bavarian central depart- the current situation regarding consular vis- permission to perform the Easter Service for ment of crime which confiscated Byzantine its and child visitations and discuss effective the few enclaved people in his occupied dio- mosaics, frescoes, and icons valued at over and appropriate means and methods and cese; Ö30 million; points to be improved with regard to these Whereas there are only two priests serving Whereas a report prepared by the Law Li- systems. the religious needs of the enclaved in the brary of Congress on the ‘‘Destruction of Karpas peninsula, Armenians are not allowed Cultural Property in the Northern Part of Mr. SMITH of New Jersey. I yield access to any of their religious sites or in- Cyprus and Violations of International Law’’ back the balance of my time. come generating property, and Maronites are for the U.S. Helsinki Commission details Mr. TANNER. I yield back the bal- unable to celebrate the mass daily in many what obligations the Government of Turkey ance of my time, Mr. Speaker. churches; has as the occupying power in northern Cy- The SPEAKER pro tempore. The Whereas in the past Muslim Alevis were prus for the destruction of religious and cul- question is on the motion offered by forced out of their place of prayer and until tural property there under international law; recently were denied the right to build a new Whereas the Hague Convention of 1954 for the gentleman from California (Mr. place of worship; the Protection of Cultural Property During BERMAN) that the House suspend the Whereas under the Turkish occupation of Armed Conflict, of which Turkey is a party, rules and agree to the resolution, H. northern Cyprus, religious sites have been states in article 4(3) that the occupying Res. 1326, as amended. systematically destroyed and a large number power undertakes to ‘‘Prohibit, prevent and, The question was taken. of religious and archaeological objects ille- if necessary, put a stop to any form of theft, The SPEAKER pro tempore. In the gally looted, exported, and subsequently sold pillage or misappropriation of any acts of opinion of the Chair, two-thirds being or traded in international art markets, in- vandalism directed against cultural prop- cluding an estimated 16,000 icons, mosaics, erty’’; in the affirmative, the ayes have it. and mural decorations stripped from most of Whereas according to the 1970 United Na- Mr. MORAN of Virginia. Mr. Speak- the churches, and 60,000 archaeological items tions Educational, Scientific and Cultural er, on that I demand the yeas and nays. dating from the 6th to 20th centuries; Organization (UNESCO) Convention on the The yeas and nays were ordered. Whereas at a hearing held on July 21, 2009, Means of Prohibiting and Preventing the Il- The SPEAKER pro tempore. Pursu- entitled ‘‘Cyprus’ Religious Cultural Herit- licit Import, Export and Transfer of Owner- ant to clause 8 of rule XX and the age in Peril’’ by the U.S. Helsinki Commis- ship which has been ratified by Cyprus and Chair’s prior announcement, further sion, Michael Jansen provided testimony de- Turkey, parties are required to take steps to proceedings on this motion will be tailing first-hand accounts of Turkish sol- prevent illicit traffic through the adoption diers throwing icons from looted churches of legal and administrative measures and the postponed. onto burning pyres during the Turkish inva- adoption of an export certificate for any cul- f sion and provided testimonies of how church- tural object that is exported, and ‘‘illicit’’ CALLING ON TURKISH-OCCUPIED es were left open to both looters and vandals refers to any export or transfer of ownership with nothing done to secure the religious of cultural property under compulsion that CYPRUS TO PROTECT RELIGIOUS sites by the Turkish forces occupying north- arises from the occupation of a country by a ARTIFACTS ern Cyprus; foreign power; Mr. TANNER. Mr. Speaker, I move to Whereas Dr. Charalampos G. Whereas according to the European Court suspend the rules and agree to the reso- Chotzakakoglou also provided testimony to of Human Rights in its judgment in the case lution (H. Res. 1631) calling for the pro- the U.S. Helsinki Commission that around of Cyprus v. Turkey of May 10, 2001, Turkey 500 churches, monasteries, cemeteries, and was responsible for continuing human rights tection of religious sites and artifacts other religious sites have been desecrated, abuses under the European Convention on from and in Turkish-occupied areas of pillaged, looted, and destroyed, including Human Rights throughout its 27-year mili- northern Cyprus as well as for general one Jewish cemetery; tary occupation of northern Cyprus, includ- respect for religious freedom. Whereas 80 Christian churches have been ing restricting freedom of movement for The Clerk read the title of the resolu- converted into mosques, 28 are being used by Greek Cypriots and limiting access to their tion. the Turkish army as stores and barracks, 6 places of worship and participation in other The text of the resolution is as fol- have been turned into museums, and many aspects of religious life; lows: others are used for other nonreligious pur- Whereas the European Court further ruled poses such as coffee shops, hotels, public that Turkey’s responsibility covers the acts H. RES. 1631 baths, nightclubs, stables, cultural centers, of soldiers and subordinate local administra- Whereas the Government of Turkey in- theaters, barns, workshops, and one is even tors because the occupying Turkish forces vaded the northern area of the Republic of used as a mortuary; have effective control of the northern part of Cyprus on July 20, 1974, and the Turkish Whereas expert reports indicate that since the Republic of Cyprus; military continues to illegally occupy the 2004 several churches have been leveled, such Whereas in March 2008, President territory to this day; as St. Catherine Church in Gerani which was Christofias and former Turkish Cypriot lead- Whereas the Church of Cyprus has filed an bulldozed in mid-2008, the northern wall of er Talat agreed to the setting up of a ‘‘Tech- application against Turkey with the Euro- the Chapel of St. Euphemianos in Lysi which nical Committee on Cultural Heritage’’ with pean Court of Human Rights for violations of was destroyed by looters as they removed all a mandate to engage in ‘‘serious work’’ to

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.064 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7049 protect the varied cultural heritage of the cease all restrictions on freedom of religion The Turkish military, which con- entire island; for the enclaved Cypriots. tinues to illegally occupy northern Cy- Whereas this Committee was developing a The SPEAKER pro tempore. The gen- prus, has overseen the systematic de- list of all cultural heritage sites on the is- tleman from Tennessee (Mr. TANNER) struction of religious sites and the ille- land to create an educational interactive and the gentleman from New Jersey program for the island’s youth to understand gal looting of a large number of reli- the shared heritage and to undertake a joint (Mr. SMITH) each will control 20 min- gious and archaeological objects. When effort to restore the Archangel Michael utes. northern Cyprus was invaded, churches Church and the Arnvut Mosque; The Chair recognizes the gentleman were left open to looters and to van- Whereas while significant work was done from Tennessee. dals. The Turkish forces, though re- on the Arnvut Mosque, the Archangel Mi- GENERAL LEAVE quired to secure the religious sites by chael Church remains in disrepair; and Mr. TANNER. Mr. Speaker, I ask several conventions to which it is a sig- Whereas, on July 16, 2002, and again in 2007, unanimous consent that all Members natory, failed to do so. the United States and the Government of the may have 5 legislative days to revise Around 500 churches, monasteries, Republic of Cyprus signed a Memorandum of and extend their remarks and include Understanding to impose import restrictions cemeteries, and other religious sites on categories of Pre-Classical and Classical extraneous material on the resolution belonging to Greek Cypriots, Arme- archaeological objects, as well as Byzantine under consideration. nians, and Maronites have been dese- period ecclesiastical and ritual ethnological The SPEAKER pro tempore. Is there crated, pillaged, looted, and destroyed, materials, from Cyprus: Now, therefore, be it objection to the request of the gen- including one Jewish cemetery. Eighty Resolved, That the House of Representa- tleman from Tennessee? Christian churches have been con- tives— There was no objection. verted into mosques; 28 are being used Mr. TANNER. Mr. Speaker, I rise in (1) expresses appreciation for the efforts of by the Turkish army as stores and bar- support of this legislation. those countries that have restored religious racks, and many others are used for property wrongly confiscated during the One of the most tragic aspects of Turkish occupation of northern Cyprus; Turkey’s 1974 invasion of Cyprus and other nonreligious purposes such as (2) welcomes the efforts of many countries subsequent occupation of the northern coffee shops, hotels, public baths, to address the complex and difficult question part of that country has been the dese- nightclubs, stables, theaters, and of the status of illegally confiscated reli- cration and destruction of religious barns. gious art and artifacts, and urges those property, primarily Greek Orthodox, Since 2004, at least 15 churches have countries to continue to ensure that these been leveled, such as St. Catherine’s items are restored to the Republic of Cyprus and other manifestations of contempt for freedom of worship. Church in the district of Famagusta, in a timely, just manner; which was bulldozed in mid-2008. Addi- (3) welcomes the initiatives and commit- I reserve the balance of my time. ment of the Republic of Cyprus to work to Mr. SMITH of New Jersey. Mr. tionally, the Church of the Holy Virgin restore and maintain religious heritage sites; Speaker, I yield such time as he may in the site of Trachonas was used as a (4) urges the Government of Turkey to— consume to the author of the resolu- dancing studio until the Turkish occu- (A) immediately implement the United Na- tion, the gentleman from Florida (Mr. piers built a road that destroyed part tions Security Council Resolutions relevant BILIRAKIS), a member of the com- of it in March 2010. And the Church of to Cyprus as well as the judgments of the mittee. the Templars was converted into a European Court of Human Rights; Mr. BILIRAKIS. Mr. Speaker, I rise nightclub. These are a few examples of (B) work to retrieve and restore all lost ar- today in support of H. Res. 1631, a reso- the destruction that has been overseen tifacts and immediately halt destruction on religious sites, illegal archaeological exca- lution calling for protection of reli- by the Turkish military, if not directly vations, and traffic in icons and antiquities; gious sites and artifacts from and in perpetrated by it. and Turkish-occupied areas of northern Cy- Mr. Speaker, this resolution urges (C) allow for the proper preservation and prus, as well as for general respect for the Government of Turkey to imme- reconstruction of destroyed or altered reli- religious freedom. diately implement the United Nations gious sites and immediately cease all restric- First, I would like to recognize my Security Council resolutions relevant tions on freedom of religion for the enclaved colleagues for this incredible bipar- to Cyprus, as well as the judgments of Cypriots; tisan effort. Thank you so much to the European Court of Human Rights, (5) calls on the United States Commission Ranking Member ILEANA ROS-LEHTINEN on International Religious Freedom to inves- by retrieving and restoring all lost ar- and Chairman BERMAN, not only for tigate and make recommendations on viola- tifacts and immediately halting de- tions of religious freedom in the areas of their cosponsorship but also for assist- struction on religious sites, stopping il- northern Cyprus under control of the Turk- ing in fast-tracking this measure to legal archaeological excavations, and ish military; the House floor. ceasing to traffic in icons and antiq- (6) calls on the President and the Secretary Also, thanks to my Hellenic Caucus uities. of State to include information in the annual cochair, CAROLYN MALONEY, and all of Further, proper preservation and re- International Religious Freedom and Human my colleagues who are cosponsors, in- construction of destroyed or altered re- Rights reports on Cyprus that detail the vio- cluding the U.S. House’s strongest ligious sites must immediately take lations of religious freedom and humani- champion of human rights, CHRIS tarian law including the continuous destruc- place, and all restrictions on freedom SMITH. This display of bipartisanship tion of property, lack of justice in restitu- of religion for the enclaved Cypriots tion, and restrictions on access to holy sites illustrates that Congress can work to- must end. and the ability of the enclaved to freely gether in a collegial spirit when it Mr. Speaker, I hope the beginning of practice their faith; comes to protecting religious freedom the next 50 years of Cyprus’ statehood (7) calls on the State Department Office of throughout the world. is marked by the immediate removal of International Religious Freedom to address As cosponsor and cochair of the Hel- the Turkish occupation forces, fol- the concerns and actions called for in this lenic Caucus and member of the Inter- lowed by immediate reunification of resolution with the Government of Turkey, national Religious Freedom Caucus, OSCE, the United Nations Special the island nation in which respect for we’ve introduced this measure to high- human rights and fundamental free- Rapporteur on Freedom of Religion or Belief, light the continued violations that are and other international bodies or foreign doms for all Cypriots is a reality. governments; taking place on the divided island na- I urge swift passage of this resolu- (8) urges OSCE to ensure that member tion of Cyprus. Even as Cyprus cele- tion. states do not receive stolen Cypriot art and brates the 50th anniversary of its inde- antiquities; and pendence, we are reminded that rough- b 1600 (9) urges OSCE to press the Government of ly one-third of Cyprus continues to be Mr. TANNER. Madam Speaker, I am Turkey to abide by its international com- under Turkish military occupation pleased to yield 3 minutes to the gen- mitments by calling on it to work to retrieve since 1974. This resolution demands tlewoman from New York (Mrs. and restore all lost artifacts, to immediately that Turkey be held responsible for the MALONEY). halt destruction on religious sites, illegal archaeological excavations, and traffic in icons continued violations of humanitarian Mrs. MALONEY. I thank the gen- and antiquities, to allow for the proper pres- law with respect to the destruction of tleman for yielding and for his leader- ervation and reconstruction of destroyed or religious and cultural property in Cy- ship on this and so many other impor- altered religious sites, and to immediately prus. tant issues.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.065 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7050 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Madam Speaker, I rise in strong sup- through use of its domestic legislation. The administrative measures and the adoption of port of H.R. 1631, a resolution calling Cyprus government and the Church of Cy- an export certificate for any cultural object for the protection of religious sites and prus claim that such religious sites con- that is exported. Cyprus has complied with stitute part of Cyprus’ cultural property and these requirements. In addition, the 1970 artifacts in Turkish-occupied areas of are of paramount importance to the collec- Convention regards as ‘‘illicit’’ any export or northern Cyprus. I joined my Hellenic tive history and memory of the people of Cy- transfer of ownership of cultural property Caucus cochair and good friend and col- prus as a nation, as well as to humankind. In under compulsion that arises from the occu- league, Representative GUS BILIRAKIS, a few instances, Cyprus, either through dip- pation of a country by a foreign power. The in introducing this important resolu- lomatic channels or through legal action, 1995 UNIDROIT Convention establishes uni- tion before us today. And I would like has been successful in repatriating religious form rules for restitution claims by individ- to particularly thank Chairman BER- and archaeological objects. uals regarding stolen cultural objects and re- Protection of religious sites and other cul- turn claims by states regarding illicitly ex- MAN for his work in bringing this reso- tural property during armed conflict and oc- ported cultural objects. While Cyprus has lution to the floor today for a vote. cupation falls within the ambit of inter- ratified the Convention, Turkey has not. I am honored to represent Astoria, national humanitarian law, otherwise known The Cyprus Government stresses that the Queens, one of the largest and most vi- as the law of war. The basic principle is that optimum way to preserve and protect its cul- brant communities of Greek and Cyp- cultural property must be safeguarded and tural property is to find a solution to the Cy- riot Americans in this country. This protected, subject to military necessity only prus issue and the end of the military occu- year we marked the 36th anniversary of when such property has been converted to a pation of the northern part of Cyprus. Mean- the Turkish invasion and continuing il- military objective. Pursuant to the major while, Cyprus may opt, inter alia, to utilize international agreement on this subject, the legal occupation of the northern part judicial remedies to resolve outstanding dis- 1954 Hague Convention for the Protection of putes pertaining to its cultural and religious of the Republic of Cyprus. Since the Cultural Property During Armed Conflict property either before foreign courts, as it 1974 invasion, many priceless symbols and its Protocols, as well as the legal regime has already done, or international and re- of Cyprus’ religious and cultural herit- on occupation, Turkey, as a state party, is gional courts, provided that other criteria age have been destroyed, looted, or required to refrain from acts of hostility and are met. vandalized, and even stolen, or ille- damage against cultural property located in I. INTRODUCTION the northern part of Cyprus; to prohibit and gally shipped for sale abroad. Very dis- Following the military invasion of Cyprus prevent theft, pillage, or misappropriation of in 1974 and the continuing occupation of the turbing is the way the churches have cultural property; and to establish criminal northern part of Cyprus by Turkey, it has been razed, converted into barns, into jurisdiction to prosecute individuals who en- been documented that extensive destruction, barracks, into beer halls with total dis- gage in acts of destruction, desecration, and desecration, and pillage of religious sites and respect to their religious importance. pillage. Archaeological excavations in the other historic monuments, as well some dis- occupied northern part of Cyprus are prohib- To date, Turkey has repeatedly ignored puted archaeological excavations and illegal ited unless they are critical to the preserva- all U.N. resolutions pertaining to Cy- exportation of objects, have occurred in the prus and has continued to occupy the tion of cultural property; in such a case, excavations must be carried out with the co- northern part of Cyprus. The Government of island in complete violation of inter- operation of the national competent authori- Cyprus claims that the impetus behind the national law. ties of the occupied territory. Such viola- acts of destruction and desecration of reli- As Cyprus prepares to celebrate its tions of conventional and customary inter- gious sites is the obliteration of their cul- 50th anniversary, we in Congress have national rules on the protection of cultural tural and religious symbols, which form part a responsibility to make our voices property may give rise to legal responsi- of the cultural and spiritual heritage of Cy- heard on our ultimate goal of a reuni- bility on the part of Turkey as the occupying prus; as such they are extremely significant not only for the Greek-Cypriots, but also for fied and prosperous Cyprus where power before an international court or tribunal, provided that other requirements are the entire population of Cyprus and for hu- Greek Cypriots and Turkish Cypriots mankind in general. On the other hand, the can live together in peace, security, met A legal precedent for the responsibility of Turkey for actions against cultural prop- unilaterally declared and unrecognized (with and stability. Passage of this resolu- erty would be the judgments of the European the exception of Turkey) ‘‘state’’ of the tion would demonstrate the United Court of Human Rights. The Court, based on ‘‘Turkish Republic of Northern Cyprus’’ States’ commitment to protecting the the ‘‘effective control’’ test, used in Loizidou (‘‘TRNC’’) argues that its competent au- rights and fundamental freedoms of the v. Turkey, found Turkey responsible for dep- thorities are engaged in actions designed to Cypriot people, religious freedom on rivation of private property of Greek-Cyp- preserve and protect religious sites, regardless of their origin and, moreover, that the the island of Cyprus, and religious free- riots expelled from the occupied northern part of Cyprus. excavations are taking place within the dom for people everywhere. ‘‘TRNC’s’’ own ‘‘sovereign’’ area. In the interest of time, I would like The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the Rome It is against this background that this re- to place in the RECORD this report from Statute of the International Criminal Court port analyses the international legal frame- the Library of Congress pertaining to (ICC) consider the destruction of cultural work governing the protection of cultural the destruction of cultural property property to be a war crime. The ICTY has property in the northern part of Cyprus. The and religious sites in Cyprus. held individuals accountable for the destruc- report also examines the rights and obliga- I urge all of my colleagues to vote in tion or damage done to institutions dedi- tions of Turkey and Cyprus arising out of cated to religious, artistic, scientific, or his- international agreements and especially the support of this important resolution. legal consequences of the destruction and [Law Library of Congress] toric monuments. Moreover, the ICTY has reaffirmed that the rules on protection of pillage of Cyprus’ religious and cultural CYPRUS—DESTRUCTION OF CULTURAL PROP- cultural property during armed conflict have property by ‘‘TRNC.’’ ERTY IN THE NORTHERN PART OF CYPRUS The analysis focuses on the international achieved the status of customary inter- AND VIOLATIONS OF INTERNATIONAL LAW legal norms and standards applicable to: national law; thus, they are binding erga EXECUTIVE SUMMARY (a) The protection of cultural property dur- omnes, against all states, even if a state is ing armed conflict; Due to the military invasion by Turkey in not party to an international humanitarian (b) Occupied territory; July and August 1974, the Republic of Cyprus law instrument. (c) The protection of cultural property has been de facto divided into two separate Two international Conventions governing against the illicit trade and export of arti- areas: the southern area under the Govern- protection of cultural property apply to the facts; and, ment of Cyprus, which is recognized as the issue of illicit traffic and exportation of cul- (d) Religious intolerance. only legitimate government; and the north- tural property from the northern part of Cy- In order to draw out the issues, the report ern area, amounting to approximately 36 per- prus: a) the 1970 UNESCO (United Nations provides a historical background, continuing cent of the territory, under the non-recog- Educational, Scientific, and Cultural Organi- to the time of the de facto partition of the nized, illegal, and unilaterally declared zation) Convention on the Means of Prohib- island and the ensuing military occupation. ‘‘Turkish Republic of Northern Cyprus’’ iting and Preventing the Illicit Import, Ex- Also included is a brief description of the re- (‘‘TRNC’). As documented, the northern part port and Transfer of Ownership; and b) the ported destruction of cultural property that of Cyprus has experienced a vast destruction 1995 UNIDROIT (International Institute for occurred in the northern part of Cyprus and and pillage of religious sites and objects dur- the Unification of Private Law) Convention an overview of Cyprus’ domestic ownership ing the armed conflict and continuing occu- on Stolen or Illegally Exported Cultural Ob- laws on cultural property. In analyzing the pation. In addition, a large number of reli- jects. A basic objective of both Conventions international legal standards applicable to gious and archaeological objects have been is to fight the illicit trade in art and cultural the protection of cultural property, this re- illegally exported and subsequently sold in property. Under the 1970 Convention, which port examines three key legal issues: art markets. The Republic of Cyprus has as- has been ratified by Cyprus and Turkey, par- (a) Whether religious sites in Cyprus (inserted its ownership over its religious and ties are required to take steps to prevent il- cluding churches, chapels, monasteries, syn- archaeological sites located in Cyprus licit traffic through the adoption of legal and agogues, and mosques used by the Greek

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.119 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7051 Cypriot community and other minorities for August 14, 1974, when Turkey initiated a sec- For information on the UNFICYP, see http:// religious purposes) qualify as ‘‘cultural prop- ond military attack on Cyprus and occupied www.un.org/Depts/dpko/missions/unficyp/. erty’’ as defined in the relevant law and thus 36.02 percent of the territory of the Republic For an analysis of the efforts of the United warrant international protection; of Cyprus.9 Nations to find a workable solution to the (b) Whether the northern part of Cyprus As a result of the 1974 Turkish invasion of Cyprus problem, see Claire Palley, An Inter- meets the legal definition of an occupied ter- Cyprus, almost 200,000 Greek-Cypriots fled national Relations Debacle, The UN Sec- ritory; and their homes in the north and either became retary-General’s Mission of Good Offices in (c) Whether the destruction of religious refugees or were internally displaced, and Cyprus 1999–2004 (2005). sites in the northern part of Cyprus could eventually settled in the southern part of 8 Chrysostomides, supra note 1. give rise to international responsibility on Cyprus. The Turkish-Cypriots who lived in 9 Chrysostomides, Cyprus—The Way For- the part of the occupying Turkish military various parts of the island prior to 1974 ward 63 (2006). 10 forces in Cyprus; the sub-issue of whether moved to the north.10 See Ministry of Foreign Affairs of the ‘‘TRNC’’ bears any degree of responsibility is Currently, the population of Cyprus in- Republic of Cyprus, The Third Vienna Agree- briefly touched upon as well. cludes approximately 660,000 Greek-Cypriots ment—August 1975 (Aug. 2, 1975) ´ The report concludes with a short overview who live in the south, 89,000 Turkish-Cyp- (communique issued after the third round of of courses of action available to the Republic riots in the north, and a Turkish military talks on Cyprus held in Vienna from July 31– of Cyprus to pursue its legal claims against force of approximately 43,000. Moreover, Tur- Aug. 2, 1975), available at http:// the destruction, illicit trade, and transfer of key has brought close to 160,000 Turkish set- www.mfa.gov.cy/mfa/mfa2006.nsf/All/ its cultural property. tlers to the northern part of Cyprus from 0658E5B2F4D1A538C22571D30034D15D/$FILE/ mainland Turkey in an effort to alter the de- August%201975.pdf?OpenElement. II. HISTORICAL BACKGROUND 11 mographics of Cyprus. The European Court S.C. Res. 541, U.N. Doc. S/RES/541 (Nov. The Republic of Cyprus is a small nation in of Human Rights of the Council of Europe, to 18, 1983) and S.C. Res. 550, U.N. Doc. S/RES/ size and population with a very rich and an- which Turkey and Cyprus are members, in 541 (May 11, 1984), available at http:// cient history and civilization. Archeological numerous instances has found Turkey to www.un.org/Docs/sc/unsclresolutions.html, findings indicate that Cyprus was inhabited reprinted in Resolutions Adopted by the have violated various human rights in the around 7,000 B.C. The island was exposed to United Nations on the Cyprus Problem northern part of Cyprus, in particular the Christianity early, with the visit of Apostles (Press and Information Office, Ministry of rights of individuals to their property, and Barnabas and Peter. During the Byzantine Interior, Republic of Cyprus, 1964–1990). the right to life, liberty, and security. 12 On November 16, 1983, the European Com- era, Cyprus was under the administration of The ‘‘TRNC’’ was unilaterally proclaimed munity adopted a statement rejecting the Byzantine emperors for approximately 800 in 1983 and adopted a Constitution. The 1 declaration and expressing its deep concerns years (395–1191 A.D). It was during this time United Nations Security Council, in Resolu- regarding the establishment of ‘‘TRNC’’ as that a great number of churches were built tions 541 and 550, adopted in 1983 and 1984, re- an independent state. The statement also re- and decorated with mosaics and frescoes of spectively, declared the secession invalid, 2 affirmed its support of the sovereignty, inde- exquisite beauty. In 1571, Cyprus became null, and void. The Security Council also part of the Ottoman Empire and in 1878 fell pendence, and unity of Cyprus. The European urged the Cyprus: Destruction of Cultural Parliament has held hearings on the issue of under British rule. Property—April 2009 The Law Library of After a long period as a British colony,3 destruction of cultural property and, inter Congress international community not to alia, in 2006 it adopted a Declaration on the the Republic of Cyprus became an inde- 11 recognize the ‘‘TRNC.’’ Thus far, no coun- Protection and Preservation of the Religious pendent nation on August 16, 1960, with the try (with the exception of Turkey) has recog- signing of the Treaty of Alliance, Treaty of Heritage in the northern part of Cyprus, Eur. nized the ‘‘TRNC’’ as a separate state under Parl. Doc. P6lTA(2006)0335 (Aug. 30, 2006), Guarantee, and the adoption of the Cyprus international law. The United Nations, the 4 available at http://www.europarl.europa.eu/ Constitution. Under the Treaty of Guar- European Union (EU),12 the Council of Eu- 5 registre/seancelpleniere/textesladoptes/ antee, the three guarantor powers, Greece, 13 14 rope, and others have repeatedly re- definitif/2006/09-05/0335/ Turkey and the United Kingdom, agreed to affirmed the status of the Republic of Cyprus safeguard and respect the independence and P6lTA(2006)0335lEN.pdf. The Parliament’s as the only legitimate government. A num- Committee of Education and Culture also en- sovereignty of Cyprus. Cyprus’ population is ber of national and international courts, in composed of two communities; Greek-Cyp- dorsed funds from the 2007 budget for a study adjudicating legal issues that have inciden- on the situation of religious sites in north- riots, and Turkish-Cypriots. The two com- tally raised the question of the status of the munities are linguistically and religiously ern Cyprus. Alexia Saoulli, European Par- ‘‘TRNC,’’ have not recognized its legit- liament Backs Funds for Study on Churches distinct from each other. They had long in- imacy.15 habited the island in peaceful symbiosis, in the North, Museum Security Network On May 1, 2004, the Republic of Cyprus, as Mailing List (Sept. 14, 2006), available at, with some sporadic periods of political insta- 16 a single state, joined the EU. For the time http://msn-list.te.verweg.com/2006-Sep bility and internal strife. Prior to 1974, the being, the entire body (acquis Greek-Cypriot community comprised 80 per- tember/005975.html. communautaire) of EU law applies only to 13 In 1983, the Committee of Ministers of cent of the population of Cyprus, the Turk- the southern part of the * * * the Council of Europe issued a Resolution ish-Cypriots totaling approximately 18 per- END NOTES which, inter alia: a) deplored the declaration cent, with the balance being comprised of a 1 Kypros Chrysostomides, The Republic of by the Turkish Cypriot leaders of the ‘‘pur- small percentage of Armenians, Maronites, ported independence of the so-called ‘‘Turk- 6 Cyprus: A Study in International Law (2000); and Latin. ish Republic of Northern Cyprus’’; b) de- Since the 1974 military invasion of Cyprus see also Republic of Cyprus, Press and Infor- clared the unilateral declaration invalid; by Turkey and the ensuing occupation of the mation Office, The Almanac of Cyprus 16 (1996); Republic of Cyprus, Press and Infor- and, c) reaffirmed its commitment to the Re- northern 37 percent of the island, the Repub- public of Cyprus as the only legitimate gov- lic of Cyprus has been de facto divided into mation Office, Window on Cyprus (2005). 2 Chrysostomides, supra note 1. ernment. Comm. of Ministers Resolution (83) two separate areas, with the southern area 3 In 1914, Cyprus was annexed by Great 13, Nov. 24, 1983, on Cyprus, available at under the government of Cyprus, which is Britain. Between the period of 1925 to 1960 http://www.mfa.gov.cy/mfa/mfa2006.nsf/All/ recognized as the only legitimate govern- Cyprus had the status of a Crown colony. For C1E21396890CA83CC22571D2001E8A47/$file/ ment, and the northern area under the non- an analysis of the history of Cyprus, see Res%2083.pdf?OpenElement. recognized, illegal, and unilaterally declared Chrysostomides, supra note 1. See also, 14 The Commonwealth Heads of Govern- ‘‘TRNC.’’ The United Nations Peacekeeping Criton G. Tornaritis, Cyprus and Its Con- ment, in a meeting convened in New Delhi, Force in Cyprus (UNFICYP) was established stitution and Other Legal Problems (1980). India, November 23–29, 1983, condemned the in 1964 after the eruption of intercommunal 4 M. Alamides, The Constitution of the Re- declaration of the ‘‘TRNC’’ ‘‘to create a se- violence in 1963, and is in control along the public of Cyprus 3 (2004). cessionist state in northern Cyprus, in the so called ‘‘green line’’ to guarantee mainte- 5 Treaty of Guarantee, Aug. 16, 1960, 382 area under foreign occupation.’’ A press nance of peace and security between the two U.N.T.S. 3. communique´ was issued stating, inter alia, communities.7 The military invasion by Tur- 6 Chrysostomides, supra note 1. Appendix E as follows: ‘‘[The] Heads of Government con- key was precipitated when the Greek mili- of the 1960 Cyprus Constitution recognizes demned the declaration by the Turkish Cyp- tary regime, with the assistance of the Cyp- three religious groups in Cyprus consisting riot authorities issued on 15 November 1983 riot armed forces, planned and executed a of Armenians, Maronites, and Latins. Latins to create a secessionist state in northern Cy- coup d’etat against the government of Arch- originated from the Franciscan Order of the prus, in the area under foreign occupation. bishop Makarios, the first elected President Roman Catholic Church and were established Fully endorsing Security Council Resolution of the Republic of Cyprus. On July 20, 1974, in Cyprus during the Ottoman period. Mem- 541, they denounced the declaration as le- Turkey, using the coup d’etat as grounds to bers of these groups are guaranteed human gally invalid and reiterated the call for its allegedly protect the Turkish community, rights and freedoms comparable to those af- non-recognition and immediate withdrawal. intervened militarily in Cyprus in order to forded by the European Convention of They further called upon all States not to fa- ‘‘reestablish the constitutional order.’’ 8 A Human Rights and are also constitutionally cilitate or in any way assist the illegal seces- series of unsuccessful peace negotiations en- protected against discrimination. sionist entity. They regarded this illegal act sued between the two communities under the 7 The role of the UNFICYP was expanded in as a challenge to the international commu- auspices of the United Nations (UN) until response to the Turkish military invasions. nity and demanded the implementation of

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.085 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7052 CONGRESSIONAL RECORD — HOUSE September 28, 2010 the relevant UN Resolutions on Cyprus.’’ at extinguishing Christian Orthodoxy Too often, the international community and Quoted in Loizidou v. Turkey (Merits), Eur. within its borders. many well-meaning members of this body fail Ct. Hum. H.R., VI Dec. & Rep. (1996), avail- As the Secretary General’s report on to recognize the two sides of this issue. For able at http://cmiskp.echr.coe.int/tkp197/ the United Nations operations in Cy- example, the Turkish Cypriots have expressed viewhbkm.asp?sessionId=9256208&skin= prus stated as far back as 1996, the re- hudoc-en&action=html&table=F69A27FD8FB concern over destruction and neglect of Turk- 86142BF01C1166DEA398649&key= strictions on basic freedoms of Chris- ish-Muslim monuments of importance in the 588&highlight=. tians in Turkish-occupied areas of Cy- South of Cyprus while at the same time com- 15 For a review of several cases involving prus have the effect ‘‘of ensuring that mitting to protect the heritage of the Greek courts in the United States and the United with the passage of time, the commu- Cypriots. In a letter to Mr. HASTINGS, the Turk- Kingdom, the European Court of Justice, and nities (that is, Greek Cypriots and ish Cypriots expressed that ‘‘The Turkish side the European Court of Human Rights, see Maronites) would cease to exist.’’ So I believes that the cultural heritage of a people Chrysostomides, supra note 1, at 280–315. is its most important asset, its identity and a 16 See Press Release, Cyprus Government, am glad that this resolution specifi- Press and Information Office, EU Accession cally urges the President, the Sec- sense of community through time. With this Treaty—Protocols on Cyprus, available at retary of State, and the State Depart- understanding, we regard all the cultural herit- http://www.cyprus.gov.cy/moi/PIO/PIO.nsf/ ment Office of International Religious age in North Cyprus, regardless of its origin, All/DA5EA02B13392A77C2256DC2002B662A? Freedom to report and take vigorous as part of the common heritage of both the OpenDocument (last visited Mar. 9, 2009). action on the traffic of Cypriot Ortho- Turkish Cypriot people and of humanity.’’ Mr. SMITH of New Jersey. Madam dox heritage. The executive branch Thankfully, and as I’ve already stated, the Speaker, I yield myself such time as I should take this seriously. Hopefully Committee on Cultural Heritage has agreed to may consume. with the backing of the Congress, they work to establish a mechanism that does just I rise in strong support of H. Res. will. this. But why if H. Res. 1631, is the fair and 1631, calling for the protection of reli- Mr. BURTON of Indiana. Madam Speaker, I balanced resolution its supporters claim it to gious sites and artifacts from and in rise today to express my serious concerns be, is it silent in terms of commending all ef- Turkish-occupied areas of northern Cy- with H. Res 1631. I think many of my col- forts to preserve the cultural heritage of both prus and calling on the Turkish Gov- leagues know that I have been a vocal sup- sides. Madam Speaker, if we can redirect our ernment to respect the religious free- porter of religious freedom and human rights misspent energies towards the real work of re- dom of all the people living in the ter- around the world for many years. But, I be- shaping Cyprus into a Cyprus that respects ritory it occupies. I thank my very lieve the resolution before us is less about human rights and the fundamental freedoms good friend Mr. BILIRAKIS for intro- promoting religious freedom and religious tol- for all Cypriots; by bolstering the efforts of the ducing this outstanding resolution and erance than it is about poking a stick in the Greek Cypriots and the Turkish Cypriots to for his faithfulness and effectiveness in eye of Turkish Cypriots; who are currently work together in good faith for the future of all exposing human rights violations in working together with their Greek Cypriots Cypriots; then the future will be bright for Cy- Cyprus. neighbors to strike a comprehensive peace prus. Madam Speaker, this resolution re- deal for that troubled island. However, if we as the United States Con- minds us of the ongoing barbarism of Time and time again, I have come to the gress continue only to echo the shrill cries of the Turkish Government’s military oc- floor to ask my colleagues to review the facts the ‘‘blame Turkey’’ groups here in the United cupation of the northern part of the and stop oversimplifying this issue. Revisionist States, we will only help further delay the day Republic of Cyprus, a sovereign State. history attempts to lay all the blame for the ills that peace comes to Cyprus. I urge my col- The Turkish Government frequently of Cyprus at the doorstep of Turkish Cypriots leagues to reject H. Res. 1632. prevents Greek Cypriots from holding and Turkey. H. Res. 1631 seems to repeat Mr. SMITH of New Jersey. I yield divine liturgy, and it has pillaged their this pattern. I urge my colleagues to step back back the balance of my time. sacred churches and holy sites. The and ask themselves whether this resolution Mr. TANNER. Madam Speaker, I Turkish Government currently uses no will truly advance the reconciliation process or have no further requests for time, and less than 28 Orthodox churches as army merely add fuel to the fire. If we do that, the I yield back the balance of my time. barracks, has converted 80 churches answer is obvious, H. Res. 1631 is an unnec- The SPEAKER pro tempore (Ms. ED- into mosques, and permits others to be essary and inappropriate assertion of opinion WARDS of Maryland). The question is on used as nightclubs, sheep stalls, and that does nothing to bring peace to a divided the motion offered by the gentleman dancing schools. Under Turkish occu- land. from Tennessee (Mr. TANNER) that the pation, 500 churches, monasteries, In fact, those on both sides of the issue are House suspend the rules and agree to cemeteries, and other religious sites already working together to come to a resolu- the resolution, H. Res. 1631. have been desecrated, destroyed, or tion. On March 21, 2008 the Greek Cypriot The question was taken; and (two- looted. leader Mr. Christofias and the Turkish Cypriot thirds being in the affirmative) the Madam Speaker, this resolution per- leader Mr. Talat forged an agreement that rules were suspended and the resolu- forms a great service in documenting paved the way for the establishment of the tion was agreed to. in painstaking detail the trade in sa- Technical Committee on Cultural Heritage. A motion to reconsider was laid on cred objects looted from these church- This committee has already set in order plans the table. es, which is extensive, international, to protect, preserve and restore the rich cul- f and totally illicit. It also points out tural heritage of Cyprus and by all accounts SUPPORTING IMPLEMENTATION the legal obligation of the Turkish have made great strides to date towards OF PEACE AGREEMENT IN SUDAN Government to prevent this trade, to achieving these goals. According to a recent Mr. TANNER. Madam Speaker, I restore looted objects as well as press statement, the Cultural Committee has move to suspend the rules and agree to churches, and to respect the human expressed a commitment to ‘‘compile the en- the resolution (H. Res. 1588) expressing rights of those who live under its occu- tire list of immovable cultural heritage of Cy- the sense of the House of Representa- pation. prus [and] to create an educational interactive tives on the importance of the full im- Madam Speaker, I am profoundly dis- program that would give the opportunity to plementation of the Comprehensive appointed that over the years, includ- younger generation of Greek Cypriots and Peace Agreement to help ensure peace ing since the passage of the Inter- Turkish Cypriots to learn about each other and and stability in Sudan during and after national Religious Freedom Act, that the cultural heritage of the island.’’ mandated referenda, as amended. our government has far too often failed The effort is an open and honest dialogue The Clerk read the title of the resolu- to speak out and to speak out vigor- between Greek and Turkish Cypriots regarding tion. ously in defense of the religious free- the preservation of their shared history. I be- The text of the resolution is as fol- dom of Orthodox Christians. This is lieve, if left alone, this cooperation could well lows: really shameful. The Turkish Govern- serve to open dialogue in other areas. H. RES. 1588 ment’s persecution of Orthodoxy, Rather than restating the tired talking points Whereas Sudan stands at a crossroads, in whether in Cyprus or Istanbul, the of yesterday which only serve to place blame the final phase of what could be a historic home of the Ecumenical Patriarchate, for past offenses, as appears to be the case transition from civil war to peace, and Su- in Syriac Orthodox monasteries, or of with H. Res. 1631, I would urge my colleagues dan’s full implementation of the Comprehen- the Armenian Orthodoxy, seems to aim to applaud and support these efforts. sive Peace Agreement (CPA) in this next

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.087 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7053 year will determine the future of this cen- Whereas the NCP continues to restrict and (4) work with appropriate Sudanese parties trally important country in Africa and the disrupt United Nations peacekeeping, hu- and responsible regional and international stability of the region; manitarian operations, and human rights or- partners to ensure— Whereas January 2010 marked the fifth an- ganizations in Darfur; (A) the right of return of Sudanese refu- niversary of the signing of the CPA which Whereas the United States played a central gees and displaced persons, including ended more than 20 years of civil war be- role in negotiations that led to the CPA, is Darfuris and southerners, by providing as- tween northern and southern Sudan, fueled a guarantor of that peace agreement, and sistance and safe passage to all such persons; by northern persecution of populations in continues to play a leading role bilaterally and the south, that resulted in the deaths of and multilaterally to bring about a just and (B) that the citizenship rights of south- more than 2,000,000 people and the displace- lasting peace in Sudan; erners in the north and northerners in the ment of over 4,000,000 people in southern Whereas Secretary of State Hillary south are respected in accordance with inter- Sudan; Rodham Clinton stated in October 2009 that national standards should the south vote for Whereas the CPA committed the northern- ‘‘the Comprehensive Peace Agreement be- independence; dominated National Congress Party (NCP) tween the North and South will be a (5) work with responsible regional and and the southern-dominated Sudan People’s flashpoint for renewed conflict if not fully international partners to ensure a stable Liberation Movement/Army (SPLM/A), to as- implemented through viable national elec- north-south border and a permanent peace in sume joint governing responsibility during a tions, a referendum on self-determination for Sudan, utilizing policy options if parties fail six-year Interim Period ending in July 2011; the South, resolution of the border disputes, to honor the CPA, especially as it relates to Whereas Sudan’s April 2010 elections did and the willingness of the respective parties border demarcation pre-referenda; not meet international standards due to to live up to their agreements’’; and (6) continue to utilize diplomats and ex- widespread and continuing violations of po- Whereas sustained pressure and engage- perts and sustain engagement to support the litical rights, irregularities in voter registra- ment from the international community in African Union and United Nations-led nego- tion, significant logistical and procedural support of the CPA, including the upcoming tiations over the post-referendum issues, in- shortcomings, intimidation and violence in referenda, is essential to bring about sus- cluding working with responsible regional some localities, and the continuing conflict tainable peace in Sudan: Now, therefore, be in Darfur which prevented full campaigning it and international partners to assist in mak- and voter participation; Resolved, That it is the sense of the House ing necessary arrangements for a post-2011 Whereas the conflict in Darfur remains un- of Representatives that the United States peaceful transition, with specific focus on oil resolved, with over 300,000 people killed and Government should— and revenue sharing, citizenship, return of over 2,000,000 people still displaced in a high- (1) work with appropriate Sudanese parties refugees and displaced persons, security ar- ly unstable security situation perpetrated and responsible regional and international rangements along the border, and protection largely by the government in Khartoum; partners to— of the rights of minorities, particularly the Whereas since 1999, the United States De- (A) build consensus on the steps needed to religious and ethnic minorities historically partment of State has designated Sudan as a implement the Comprehensive Peace Agree- marginalized; ‘‘country of particular concern’’ for its sys- ment (CPA), including the upcoming (7) utilize diplomats and experts to revi- tematic, ongoing, and egregious violations of referenda, and promote stability throughout talize the Darfur Peace Process and press the religious freedom or belief and related Sudan; NCP, northern political parties, armed human rights, as recommended by the (B) correct serious and systemic problems groups, and civil society representatives to United States Commission on International in the election process to ensure that they address human rights abuses (including gen- Religious Freedom, and despite progress do not reoccur during the referenda cam- der-based violence) and the ongoing atroc- made via the CPA on religious freedom paign and voting processes, including irreg- ities and displacement in Darfur; issues, there are still reports of abuses; ularities in voter registration, logistical and (8) undertake renewed efforts to define and Whereas at the end of the CPA in January procedural challenges, poor voter education, implement the Administration’s stated 2011, the agreement requires referenda on human rights infringements, intimidation, Sudan policy of October 2009, including by self-determination for southern Sudan and and violence; and publicly articulating the benchmarks and re- on whether Abyei will remain in the north or (C) ensure that the National Congress lated incentives and pressures used by the join the south; Party (NCP) and the Sudan People’s Libera- Administration to gauge progress or back- Whereas following the Interim Period, pop- tion Movement (SPLM) implement proce- sliding on key provisions of the CPA, includ- ular consultations in Southern Kordofan dures whereby the referenda occur as sched- ing the holding of a free and fair referendum State and Blue Nile State are to be held to uled, including appointing competent and in southern Sudan; determine the governance arrangements in credible members to all referenda commis- (9) hold the NCP accountable for its ac- those two states; sions and providing technical assistance to tions given the NCP’s human rights viola- Whereas it is essential that the referenda and funding for the commissions; tions and efforts to impede CPA implementa- and accompanying popular consultations are (2) work with the United Nations Mission tion since the announcement of the United held on time, that they are free, fair, and in Sudan (UNMIS) to ensure security during States Sudan policy, and the need for the credible, and that if the outcome of the and after the referenda campaign and voting United States to both balance incentives southern Sudan referendum is independence, processes, which will require a robust moni- with pressures, by— two stable and viable democratic states re- toring and protection presence in areas (A) identifying NCP government agencies sult; prone to conflict; and officials responsible for particularly se- Whereas the Government of Southern (3) take concrete steps through the con- vere human rights and religious freedom vio- Sudan faces post-conflict reconstruction tribution of targeted resources and technical lations as required under section 402b(2) of challenges including establishing demo- expertise to— the International Religious Freedom Act of cratic, responsive, and transparent govern- (A) ensure international monitoring and 1998 (IRFA), and prohibit those individuals ance, addressing human resources and capac- observation of registration and polling to identified under section 402b(2) of IRFA from ity-building needs, strengthening and re- guarantee a secure environment for indi- entry into the United States; forming the judiciary and security forces to vidual registration and voting, and to pre- (B) encouraging multilateral asset freezes address communal and inter-ethnic violence, vent voter intimidation or fraud occurring on NCP government agencies and travel bans professionalizing the police and security during these critical phases of the referenda; on officials responsible for particularly se- forces, developing basic infrastructure, nat- (B) ensure that the Government of Na- vere human rights and religious freedom vio- ural resources and the economy; providing tional Unity (GNU), as required by the CPA, lations; basic services including water, education, provides adequate funding at predetermined (C) continuing to encourage greater multi- health care and social services, and estab- levels and timelines for the registration and lateral enforcement of the arms embargo set lishing cooperative and transparent wealth- polling periods, given the need to ensure that out in the 2004 United Nations Security sharing mechanisms; those who register are able to access polling Council Resolution 1556 and strengthened in Whereas in August 2009, the NCP and stations on voting day; the 2005 United Nations Security Council SPLM signed a bilateral agreement to ad- (C) ensure that responsible nations commit Resolution 1591; dress and implement many of the CPA’s out- adequate resources and technical expertise (D) continuing to encourage multilateral standing provisions, but since that time the to support the referenda and voter education support for efforts to hold accountable Omar NCP has consistently delayed and reneged on programs in southern Sudan, Abyei, and al-Bashir and other Sudanese officials ac- its CPA commitments, thereby increasing other areas where people will vote in the cused of genocide, war crimes, or crimes tension and distrust between northern and referenda to promote understanding of the against humanity, recognizing that justice is southern Sudan and endangering the CPA by nature, importance of participation, con- essential for there to be lasting peace; and infringing on the freedom of speech, assem- sequences of the referenda process; and (E) vigorously advocating on behalf of any bly, and association of candidates, political (D) support the popular consultation proc- credible humanitarian organizations that party activists, and journalists during and esses in Southern Kordofan State and Blue come under pressure from Khartoum or are after the election process, including cen- Nile State, including through provision of at any point expelled from the country, soring the media and arresting political technical assistance and support for public thereby compromising their ability to pro- party leaders; education; vide vital services;

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.068 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7054 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (10) support the Government of Southern Larry Eagleburger, a former ambas- months. The testimony we have heard Sudan, including through the provision of sador to Yugoslavia who served as Dep- at those hearings sounded a major technical assistance and expertise, in devel- uty Secretary of State and then Sec- alarm about the ominous storm clouds oping its economy, rule of law, and social retary of State, never suspected that gathering over Sudan. In fact, the service and educational infrastructures, improving democratic accountability and the hostilities in the Republic of Bos- issues raised at the two hearings in human rights, and strengthening reconcili- nia and Herzegovina would escalate to July of 2009 and the proposed solutions ation efforts; and the slaughter of more than 8,000 people to those issues were so compelling that (11) unequivocally stand, during this period that took place in Srebrenica in 1995. I and several other Members forwarded of preparation and possible transition, with Sadly, we have too many indications the expert testimony to Secretary of those people of Sudan who share aspirations about what could happen if the two State Hillary Clinton and Scott for a peaceful, prosperous and democratic fu- referenda scheduled to take place in Gration, our Special Envoy, asking ture. Sudan in January do not take place them to take this incredibly compel- The SPEAKER pro tempore. Pursu- fairly and peacefully. The 20-year war ling information into account as the ant to the rule, the gentleman from between the north and the south of administration engaged in peace ef- Tennessee (Mr. TANNER) and the gen- Sudan that ended in 1995 took the lives forts in Sudan. tleman from New Jersey (Mr. SMITH) of over 2 million people and displaced a Unfortunately, the administration each will control 20 minutes. further 4 million. took little or know account of that ad- The Chair recognizes the gentleman vice. Furthermore, it seemed to ignore b 1610 from Tennessee. its own strategy that was publicized in GENERAL LEAVE Peace in Darfur is inextricably October of last year. Key members of Mr. TANNER. Madam Speaker, I ask linked to peace throughout the rest of the National Security Council deputies unanimous consent that all Members Sudan. And the genocide there in 2003 committee, which was supposed to may have 5 legislative days to revise unleashed the slaughter of over 300,000 meet quarterly, met only once in Janu- and extend their remarks and include women, men, and children. Almost 3 ary with no noticeable outcome. The extraneous material on the resolution. million have been displaced and are administration claimed it was taking The SPEAKER pro tempore. Is there still consigned to the misery of camps the advice of numerous experts to es- objection to the request of the gen- for internally displaced persons. tablish specific benchmarks to be met tleman from Tennessee? Like many of my colleagues, I have by the respective parties according to a There was no objection. visited Sudan. I have been to Mukjar Mr. TANNER. Madam Speaker, I set time frame. The achievement of and Kalma camp, and I have actually those benchmarks, created to ensure yield myself such time as I may con- had a face-to-face meeting with Gen- sume. the timely implementation of the CPA, eral Bashir, the dictator in Khartoum, would be tied to incentives and dis- I want to thank Mr. CAPUANO and pushing for peace, pushing for an end Members of the House Sudan Caucus incentives to motivate their achieve- to this slaughter. Unfortunately, he ment. There is no evidence that these for introducing this resolution to re- was obsessed only with trying to con- mind us of the important work that benchmarks were ever created, much vince me that the sanctions against his less enforced with discernible con- needs to be done to implement the government needed to be lifted. The final stages of the Comprehensive sequences. fact that the sanctions were based on Madam Speaker, the President and Peace Agreement between the National the senseless killing and displacement Congress Party and the Southern Suda- the State Department have taken some sponsored by his government was dis- action during the past few weeks, ap- nese Liberation Movement in Sudan. missed by him as of no consequence. The CPA requires referenda in January parently recognizing that the time re- This signing of the Comprehensive 2011 to determine whether South Sudan will maining until the North-South ref- Peace Agreement between the Govern- become an independent country and whether erendum is extremely short. One most ment of Sudan and the Sudan People’s Abyei (AH–BEE–AY) region will be a part of hope that the adage ‘‘better late than Liberation Movement in 2005 marked a the North or South. never’’ will apply in this case. The potential turning point for the Suda- The Obama Administration has worked tire- challenges to be addressed in the next nese people. It calls for elections lead- lessly to help the Sudanese people prepare few weeks, particularly the demarca- ing to a referendum in January of 2011 for the referenda and the hard policy choices tion of the North-South border and the to determine whether the south will re- that must come after. post-referendum agreement on wealth This resolution puts the Congress on record main united to the north or secede as sharing and citizenship can be met if encouraging the President to continue a ro- an independent state. The region of the United States plays a leadership bust engagement in the CPA process and Abyei is also to hold a referendum to role in gathering the influence and co- make sure the National Congress Party and determine whether it will remain in operation of the African Union and the Sudanese Peoples’ Liberation Movement the north or possibly secede with the other international players. Herculean fulfill the obligations of the agreement. south should the south choose that measures must also be undertaken to I reserve the balance of my time. course. Specific conditions were to be ensure that the January 9 referendum Mr. SMITH of New Jersey. Madam met in anticipation of these major is conducted in a manner that ensures Speaker, I am pleased to rise in sup- events, to ensure that they would be the credibility of the outcome as well port of H. Res. 1588, of which I am the conducted credibly and peacefully. as the peaceful acceptance of that out- original cosponsor. Madam Speaker, these interim 5 come by the parties. Madam Speaker, we are all too famil- years have yielded signs of hope that With H. Res. 1588, I join my col- iar with the famous quote by the the country could settle into a stable, leagues in pressing upon the adminis- American philosopher George Santa- lasting peace. The United States has tration the urgent need to assist the yana, who said, ‘‘Those who cannot re- devoted substantial resources, nearly Sudanese people in their long-sought- member the past are condemned to re- $9 billion in humanitarian, develop- after quest for peace. The effort will be peat it.’’ The truth of this saying is ment, and peacekeeping assistance great, but the price of another even tragically realized in the case of war since 1994 to support the CPA’s imple- more catastrophic war would be even and genocide. mentation. But numerous incidents greater. No one, particularly the Suda- General Romeo Dallaire, the com- have also exposed the extreme lack of nese people, can afford to pay that mander of the former United Nations trustworthiness of the Khartoum gov- price. mission in Rwanda, tried unsuccess- ernment and the urgent need for the Madam Speaker, I reserve the bal- fully in 1994 to warn the United Na- government of southern Sudan to in- ance of my time. tions that huge massacres were immi- crease its capacity and accountability. Mr. TANNER. Madam Speaker, I am nent in that country. Even he miscal- The Subcommittee on Africa and pleased to yield 3 minutes to the gen- culated the magnitude of the threat. Global Health, on which I serve as tleman from Massachusetts (Mr. Within a few months, Rwanda was en- ranking member, and the Tom Lantos CAPUANO). gulfed in genocide, leading to the Human Rights Commission have held Mr. CAPUANO. Madam Speaker, I deaths of nearly 800,000 people. several hearings over the last 14 am here to support this resolution.

VerDate Mar 15 2010 07:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.068 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7055 Very clearly, this resolution is simply in Sudan. The people of Sudan deserve our time, and I yield back the balance of intended to encourage the Government support for timely, free and fair referenda on my time. of the United States and other govern- the independence of Southern Sudan and Mr. TANNER. Madam Speaker, I ments around world to continue press- Abyei. The National Congress Party, headed have no further requests for time, and ing to make sure that the resolution by President Omar el Bashir, must not be al- I yield back the balance of my time. that is on the ballot January 9 of next lowed to derail the referenda. The SPEAKER pro tempore. The year for the people of south Sudan to The referenda are part of the peace divi- question is on the motion offered by decide for themselves whether they dend promised to the people of South Sudan the gentleman from Tennessee (Mr. want to make their own country or be and Abyei following the 21–year war civil war TANNER) that the House suspend the part of the Government of Sudan. That between North and South Sudan. During the rules and agree to the resolution, H. is all we want. It is an agreement that war, which claimed the lives of 2 million Res. 1588, as amended. The question was taken; and (two- was made in 2005 by warring parties. Southerners and displaced 4 million, the thirds being in the affirmative) the I want to be clear. Before I got elect- Bashir regime used aerial bombings against rules were suspended and the resolu- ed to Congress 12 years ago, I might innocent, defenseless children, women, men, have known where Sudan was, not sure. tion, as amended, was agreed to. elderly, and disabled. Indeed, the war nearly A motion to reconsider was laid on I would not have known where Darfur destroyed an entire region—South Sudan, but the table. was. I would not have known that there it could not destroy the spirit of its people. was a problem in south Sudan. This is On January 9, 2005 members of the U.S. f not a problem that I have been study- Government, including myself, witnessed the HONORING AID WORKERS KILLED ing for a while. It is a problem that signing of the Comprehensive Peace Agree- IN AFGHANISTAN started to come to my attention after ment, CPA, which ended the war and outlined Mr. TANNER. Madam Speaker, I 9/11 when I realized, like many Ameri- the path to secure lasting peace in Sudan. move to suspend the rules and agree to cans, you trace back who is this bin The signing of the agreement launched a 6– the resolution (H. Res. 1661) honoring Laden guy, where is he from. He spent year Interim Period during which Khartoum the lives of the brave and selfless hu- years in Sudan training, recruiting, would have the opportunity to show the people manitarian aid workers, doctors, and preparing for attacks like 9/11. That of the South that it was capable of change. At nurses who died in the tragic attack of was just the beginning of it. the end of the 6 year period—on January 9, August 5, 2010, in northern Afghani- South Sudan decided that it wanted 2011—the CPA promised an opportunity for stan. some freedom. They had a revolution of the people of the South to determine whether The Clerk read the title of the resolu- their own. Hundreds of thousands of the regime in Khartoum had changed enough tion. people were killed. Millions were dis- that they want to remain a part of Sudan or The text of the resolution is as placed. That same government in Khar- whether they want to secede. The people in follows: toum also, soon thereafter, started a the marginal area of Abyei—the region that H. RES. 1661 genocide on their own people in Darfur. holds in its soil Sudan’s oil wealth—would de- Whereas 10 unarmed civilians were bru- All we are asking, in a very difficult cide if they would retain their special adminis- tally killed in Badakhshan province, Afghan- situation, with multi-facets that are trative status in the North or to become part of istan, on August 5, 2010; beyond comprehension, to simply have the South. Whereas those killed were humanitarian the United States Government con- Today, with less than four months until the aid workers, operating a mobile health clinic tinue what they are doing. The Presi- referenda, Sudan is dismally behind on imple- for people with little access to medical care; dent of the United States went to New Whereas the humanitarian assistance team menting the CPA. Bashir’s regime has refused included a surgeon, an optometrist, a den- York City last week to meet on Sudan to cooperate on key measures that must be tist, a nurse, a photographer, translators, a at the U.N. The United States has a put in place. Khartoum has repeatedly played cook, and a guard; Special Envoy there. We are paying games, stalled, held up, and obstructed so Whereas among the murdered humani- special attention. many critical steps in the fulfillment of the CPA tarian aid workers were 6 United States citi- And by the way, it is not just because that as of today, it is unclear whether the zens, including Cheryl Beckett, Brian I have a bleeding heart for people who referenda in January can actually be held free- Carderelli, Thomas Grams, Glen Lapp, Tom have been massacred. It is not just that ly and fairly. Sudan also faces a number of Little, and Dan Terry; Whereas Cheryl Beckett, who grew up near people should have their own right of challenges as it struggles to emerge as a de- self-determination. It is also because Cincinnati, Ohio, had spent 6 years in Af- mocracy from decades of civil war. The con- ghanistan, helping mothers to provide ade- this particular country, this particular flict and violence in Darfur still rage even as quate nutrition for themselves and their section of the country is in a critically the international community hopes for peace. children, and organizing relief efforts for important region in Africa. Indeed, Sudan could erupt into conflict once more than 200 Afghan families struggling to I think most everybody in this coun- again if the referenda are not held freely and survive the winter without heat or elec- try have now heard of the Pilots of So- fairly. We support House Resolution 1588 to tricity; malia. That is right next door. Eritrea, call on the Administration and the international Whereas Brian Carderelli, a recent grad- right next door, Ethiopia, right next community to fully employ all of our diplomatic uate of James Madison University in Harri- door. All around them is instability, sonburg, Virginia, joined the medical team tools, as well as significant international tech- as a photographer and videographer, docu- danger and potential violence that nical assistance, to ensure that the referenda menting the Afghan communities to which could draw in the entire region. That is are timely, free, peaceful, and fair to the peo- the team provided assistance and the suc- what this peace agreement is all about. ple of Sudan. The consequences of failed cesses they together achieved; That is why I am here, for January 9 of referenda are too great. Whereas Dr. Thomas Grams, a dentist from next year, to encourage the world to The United States has served as a guar- Durango, Colorado, gave up his practice 4 pay attention to this for their own antor of the CPA, helping to negotiate the years ago to devote his life to providing free sake, if not for the sake of the people agreement and facilitate its implementation by dental care to those in need, especially chil- in Sudan and south Sudan. dren throughout Asia and Latin American, both signatories—the National Congress with a focus on Nepal and Afghanistan; Mr. PAYNE. Madam Speaker, I rise today in Party, NCP, and Sudan People’s Liberation Whereas Glen Lapp, a nurse from Lan- support of Res. 1588, which calls attention to Movement/Army, SPLM/A. We have invested caster, Pennsylvania, came to Afghanistan the upcoming referenda in Sudan and the considerable time and resources in helping the in 2008 in order to serve as manager of a need to ensure full implementation of that people of Sudan, and we must ensure that much-needed provincial eye care program in country’s Comprehensive Peace Agreement, this level of commitment is maintained through Afghanistan; CPA. I want to commend my fellow co-chairs this critical time and beyond. Now is the time Whereas the humanitarian assistance team of the Sudan Caucus, Mr. CAPUANO, Mr. to refocus attention on Sudan. was led by Tom Little, an optometrist from New York, who raised 3 daughters while liv- WOLF, and Mr. MCCAUL, for their bipartisan H. Res. 1588 sends a clear message to ing in Afghanistan and was deeply dedicated leadership on this issue. Mr. CAPUANO, our Khartoum that a dismissal of the CPA will not to serving the health needs of Afghans, par- Republican co-chairs, and I have worked hard be tolerated. I urge my colleagues to vote in ticularly those in remote areas without ac- to bring this resolution to the floor because favor of this bipartisan resolution. cess to medical care; time is short. I support this resolution and say Mr. SMITH of New Jersey. Madam Whereas Dan Terry, originally from we must sound the alarm for what is going on Speaker, I have no further requests for Sequim, Washington, was fluent in multiple

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Do we country’s most impoverished and Lapp, Tom Little and Dan Terry, dedi- understand that these murderers must marginalized populations and helping inter- cated their lives to serving the people be brought to justice no matter where national humanitarian aid workers to understand and respect the local culture; of Afghanistan. they originated, either in Afghanistan Whereas the organization that sponsored Despite the grave danger that many human- or Pakistan? these humanitarian aid workers was a signa- itarian aid workers face, including from the The people of Afghanistan suffer tory to the ‘‘Principles of Conduct for the Taliban, aid workers continue to operate in Af- every day from the cruelty of the International Red Cross and Red Crescent for ghanistan on behalf of the country’s most im- Taliban. Along with the families who NGOs and Disaster Response Programmes’’, poverished and marginalized populations. lost loved ones, the Afghans suffer which states that ‘‘aid will not be used to We urge all parties involved in the conflict in from the loss of these dedicated and further a particular political or religious Afghanistan to respect the neutral status of courageous aid workers. As a result of standpoint’’; Whereas international humanitarian aid humanitarian aid workers and urge the Afghan this brutal attack, critical medical workers have played a vital role in saving authorities to do their utmost to bring the per- care will no longer be available to lives and meeting basic human needs in Af- petrators of this heinous act to justice. many of the Afghans who were served ghanistan over the last 3 decades; The resolution before us today honors the by these humanitarian workers. We in Whereas violent extremists have com- sacrifice and the service of the brave and car- the United States need to understand mitted many ruthless and brutal attacks ing aid workers, doctors, and nurses who died that, and we need to call for justice. against the people of Afghanistan, starting in the tragic attack, and extends our condo- The Afghan authorities must conduct in the 1990s with public executions in soccer lences to the families of the victims. an investigation and find these mur- stadiums, attacks against girls attending school, and many other terrible measures; I reserve the balance of my time. derers, no matter where they might be Whereas these violent extremists have di- b 1620 hiding or receiving sanctuary. rected wanton acts of cruelty against Af- From various reports, there are ghanistan’s poorest and most vulnerable pop- Mr. SMITH of New Jersey. I yield strong indications that the attackers ulations, as well as against humanitarian aid such time as he may consume to the were not local and some were speaking workers; and author of the resolution, the gen- non-Afghan languages. Given the loca- Whereas these senseless killings will have tleman from Pennsylvania (Mr. PITTS). tion of the attack, the proximity to a tragic impact for decades to come, both on Mr. PITTS. I want to first thank the Taliban strongholds in Nuristan, a the families of the victims and on the people chairman of the committee, Mr. BER- province that borders volatile areas of of Afghanistan: Now, therefore, be it MAN, and Ranking Member ROS- Resolved, That the House of Representa- Pakistan, and given the cross-border tives— LEHTINEN for moving this resolution so nature of the Afghan insurgency, I (1) honors the lives of the brave and self- promptly. strongly urge the Government of Paki- less humanitarian aid workers, doctors, and It is a privilege for me to sponsor stan to do its utmost to cooperate in nurses who died in the tragic attack of Au- this resolution. The six Americans had rooting out extremism on its soil, in gust 5, 2010, in northern Afghanistan; their lives brutally taken from them as particular, the safe havens that exist (2) extends its deepest condolences to the they served the people of Afghanistan, on the Pakistani side that have been families of the victims; and they deserve our deepest respect. (3) strongly condemns those who com- the source of many acts of violence in From my district, in Lancaster, both Afghanistan and Pakistan. mitted these brutal murders; Pennsylvania, Glen Lapp came to Af- (4) urges the Afghan authorities to do their The safe havens for the Taliban, the utmost to bring the perpetrators of this hei- ghanistan in 2008, leaving his life in al Qaeda, and the Haqqani network nous act to justice; Pennsylvania behind in order to serve must be eradicated. (5) encourages all parties to respect the as the manager of a much-needed pro- This attack has been called by some neutral status of humanitarian aid workers; vincial eye care program in Afghani- the worst attack on humanitarian aid and stan. Glen wrote that his hope was to workers in three decades of conflict in (6) commends international humanitarian treat the Afghan people with respect Afghanistan. Justice must be served so aid workers for their courageous efforts to and with love as he served them that it never happens again. save lives and alleviate suffering by pro- throughout their country. viding important services to the Afghan peo- To this end, I hope the U.S. Govern- ple. The others who were killed were just ment is seeking to enhance and dedi- as dedicated to providing humanitarian The SPEAKER pro tempore. Pursu- cate greater resources to establishing aid to the Afghans in remote areas. ant to the rule, the gentleman from law and order and strengthening Af- Aid workers have played a vital role Tennessee (Mr. TANNER) and the gen- ghan institutions to better protect the in serving the Afghan public over the tleman from New Jersey (Mr. SMITH) Afghan people and their partners. last three decades, due to the country’s each will control 20 minutes. In closing, today we honor the brave The Chair recognizes the gentleman instability. While many aid workers in and selfless humanitarian aid workers, from Tennessee. the past were given safe passage in con- doctors, nurses who died on August 5. flict areas, sadly, in recent months, at- GENERAL LEAVE Their efforts to bring healing and care Mr. TANNER. Madam Speaker, I ask tacks against them have escalated. The to the Afghans were noble and good. unanimous consent that all Members perpetrators are breaking longstanding My thoughts and prayers are with may have 5 legislative days to revise customs and have resorted to targeting the families of these heroes and quiet and extend their remarks and include the very people who are trying to sup- leaders, as well as with the Afghan peo- extraneous material on the resolution ply the people of Afghanistan with the ple who have suffered so many decades under consideration. resources necessary to meet their most of conflict and loss. The SPEAKER pro tempore. Is there basic needs. Mr. TANNER. I reserve the balance objection to the request of the gen- It is obvious that those who killed of my time. tleman from Tennessee? these aid workers oppose economic and Mr. SMITH of New Jersey. Madam There was no objection. social progress in Afghanistan, includ- Speaker, I yield myself 2 minutes. Mr. TANNER. I yield myself such ing access to medical care, education, First, I want to thank Mr. PITTS for time as I may consume. and shelter. These perpetrators must offering this important resolution to Madam Speaker, on August 5, 2010, 10 be brought to justice. These terrorists remember the aid workers who died in unarmed humanitarian aid workers af- who killed these six Americans and Afghanistan. These aid workers were filiated with the International Assist- four others are no different from the killed because of their humanitarian ance Mission, a nongovernmental orga- terrorists who throw acid in girls’ faces efforts, because they were trying to nization operating a mobile health when they try to go to school. They are provide the Afghan people with impor- clinic for Afghans with little access to the same terrorists who use children as tant services so they could live in free- medical care, were brutally killed in human shields against American dom, opportunity, and prosperity. Badakhshan province, Afghanistan. troops. For undertaking these noble efforts, There were six Americans among the Do we understand that these sense- the aid workers lost their lives at the murdered aid workers. These brave and less killings are another terrible re- hands of murderous extremists who

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.069 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7057 seek an Afghanistan in the dark ages, The question was taken; and (two- There was no objection. an Afghanistan where people are debili- thirds being in the affirmative) the Mr. TANNER. Madam Speaker, I tated by poverty and illiteracy, where rules were suspended and the resolu- yield myself such time as I may con- democratic elections are unthinkable, tion was agreed to. sume. where women and girls are murdered A motion to reconsider was laid on On August 5, 2010, the San Jose cop- simply for trying to go to school, the table. per-gold mine in Copiapo, Chile col- where freedom is a forbidden idea. Such f lapsed, leaving 33 miners trapped 2,300 an Afghanistan would again be a safe EXPRESSING SUPPORT FOR feet underground. As of today, they haven for violent extremist groups like TRAPPED CHILEAN MINERS have been there for 55 days. the Taliban and al Qaeda who seek to The Chilean President has made the destroy our Nation and our allies and Mr. TANNER. Madam Speaker, I rescue of these stranded miners a na- to plunge civilization itself into dark- move to suspend the rules and agree to tional priority. This resolution ad- ness. So, Madam Speaker, we continue the resolution (H. Res. 1662) expressing dresses that deplorable event. to strive to prevent such a threatening support for the 33 trapped Chilean min- While initial estimates suggested that a ers following the Copiapo mining dis- scenario from becoming a dangerous complete rescue will take as long as 4 aster and the Government of Chile as it reality. months, recent developments give hope that In that respect, we owe a great deal works to rescue the miners and reunite relief could come for the miners and their fam- them with their families. of gratitude to the many Americans ilies much sooner. The Clerk read the title of the resolu- who have done their part and sacrificed Chilean officials are working tirelessly to tion. rescue the 33 miners, and are making the so very much, particularly our men The text of the resolution is as fol- and women in uniform, to build a safe, lows: necessary preparations to ease them back secure, and free Afghanistan. And we into society post-rescue. In this context, NASA H. RES. 1662 owe gratitude to the courageous hu- has provided its unique expertise on rescue ´ Whereas, on August, 5, 2010, the San Jose missions and the psychological impact of iso- manitarian aid workers who risk their copper-gold mine in Copiapo´ , Chile, col- lives as well to save lives and to allevi- lapsed, leaving 33 miners trapped under- lation. Private U.S. companies such as UPS ate the suffering of the Afghan people. ground; have also contributed. In particular, we owe our thanks to Whereas Chilean President Sebastia´ n Madam Speaker, this resolution expresses the American aid workers who gave Pin˜ era has made it a national priority to res- solidarity with the stranded miners and their their lives almost 2 months ago— cue the stranded miners and reunite them families, and I urge my colleagues to support Cheryl Beckett; Brian Carderelli; with their families; it. Thomas Grams; Glen Lapp, who was Whereas the Chilean Ministry of Minerals Mr. SMITH of New Jersey. Madam and Ministry of Health are working tire- Congressman PITTS’ constituent and Speaker, I yield myself such time as I lessly to rescue the 33 miners and make the may consume. friend; Tom Little; and Dan Terry. We necessary preparations to ease them back mourn their loss, and we send our con- into society after they are rescued; I want to commend Congressman dolences to their families. Whereas the United States continues to as- MACK, the ranking member of the Mr. SALAZAR. Madam Speaker, I rise today sist in the rescue effort, through the efforts Western Hemisphere Committee, for of- in support of H. Res. 1661, to honor the lives of the National Aeronautics and Space Ad- fering this resolution. of the brave and selfless humanitarian aid ministration, private United States compa- H. Res. 1662 commends the bravery of workers, doctors, and nurses who died in the nies, and others who shared expertise on res- the 33 trapped miners in Chile who cue missions and the psychological impact of have endured nearly 2 months of un- tragic attack of August 5, 2010, in northern Af- isolation; and ghanistan, one of whom was my constituent, imaginable mental and physical strain Whereas, on September 17, 2010, a rescue following the August 5 collapse of the Dr. Thomas Grams. drill completed a bore hole ahead of schedule Dr. Grams practiced dentistry in Durango, raising hopes that the miners may be pulled San Jose copper-gold mine which Colorado, for many years. out earlier than the previous forecasts for trapped them one-half mile below Several years ago, he retired from private early November: Now, therefore, be it ground. practice so that he could dedicate his life Resolved, That the House of Representa- It was believed that these men did fulltime to the assistance of residents in devel- tives— not survive the original collapse, but 17 (1) commends the bravery of the 33 miners days after the disaster the miners were oping countries. ´ ´ trapped in the San Jose mine in Copiapo, miraculously discovered to be alive and Dr. Grams took countless trips to India, Chile; Nepal, and Afghanistan to provide care for the (2) expresses solidarity with the stranded in fair condition. Quick-thinking and indigent residents of these countries. miners and their families; decisive action led the men to take ref- The focus of Dr. Grams’ life was to provide (3) commends the efforts of President uge in a shelter where they have been service to others and his mission was to pro- Sebastia´ n Pin˜ era and the Government of surviving for the last 7 weeks. vide access to dental and health care in some Chile in their tireless rescue efforts; The Chilean Government has been of the most remote corners of the world. (4) commends the efforts by United States working tirelessly to secure the safety Dr. Grams represented Western Colorado Federal agencies and private individuals and of the miners as quickly as possible entities in responding directly and promptly and to secure their release. In addition, and his entire nation with honor. to Chile’s request for advice and expertise to He exemplified what is best in our country, assist in this humanitarian endeavor; and scientists and doctors from NASA, as a strong sense of compassion paired with the (5) expresses continued support for the suc- well as private U.S. engineers and com- will and ability to help those in need. cessful rescue, recovery, and reintegration of panies, have been instrumental Dr. Grams’ passion for service will be sin- the 33 miners into Chilean society. throughout the rescue process and con- cerely missed in both Durango and around the The SPEAKER pro tempore. Pursu- tinue to aid in the drilling efforts. world by those he helped. ant to the rule, the gentleman from Various supply holes have reached Our Nation and our world have lost a strong Tennessee (Mr. TANNER) and the gen- the group to provide them with food, voice for compassion and healing. tleman from New Jersey (Mr. SMITH) water, health supplies, air, and games In honor of Dr. Grams’ legacy, as well as each will control 20 minutes. to keep the 33 individuals safe and sta- those who were lost with him, I urge my col- The Chair recognizes the gentleman ble. leagues to support H. Res. 1661. from Tennessee. I rise today in support of House Resolution Mr. SMITH of New Jersey. I yield GENERAL LEAVE 1662, which commends the bravery of the 33 back the balance of my time. Mr. TANNER. Madam Speaker, I ask trapped miners in Chile who have endured Mr. TANNER. Madam Speaker, I unanimous consent that all Members nearly 2 months of unimaginable mental and yield back the balance of my time. may have 5 legislative days to revise physical strain following the August 5th col- The SPEAKER pro tempore. The and extend their remarks and include lapse of the San Jose´ copper-gold mine which question is on the motion offered by extraneous material on the resolution trapped them half a mile below ground. the gentleman from Tennessee (Mr. under consideration. It was believed that the men did not survive TANNER) that the House suspend the The SPEAKER pro tempore. Is there the original collapse, but 17 days after the dis- rules and agree to the resolution, H. objection to the request of the gen- aster the miners were miraculously discovered Res. 1661. tleman from Tennessee? to be alive and in fair condition.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.184 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7058 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Quick thinking and decisive action led the political ally. This is our government doing gether hundreds of thousands of visitors men to take refuge in a shelter where they what it does best: lending humanitarian sup- celebrating science; have been surviving for the last seven weeks. port. A handful of medical experts from the Whereas the inaugural 2009 San Diego The Chilean government has been working Science & Engineering Festival attracted National Aeronautics and Space Administra- more than 500,000 participants and inspired a tirelessly to secure the safety of the miners as tion—NASA—are in Chile now. They are pro- national effort to promote science and engi- quickly as possible. viding psychological expertise on the effects of neering; In addition, scientists and doctors from the isolation. They will be there when the miners Whereas thousands of universities, muse- National Aeronautics and Space Administra- emerge from their temporary homes and will ums and science centers, STEM professional tion, NASA, as well as private U.S. engineers assist in their reintegration. I commend their societies, educational societies, government and companies, have been instrumental efforts. agencies and laboratories, community orga- throughout the rescue process and continue to I urge my fellow lawmakers to join me in nizations, K–12 schools, volunteers, corporate and private sponsors, and nonprofit aid in the drilling efforts. voting in favor of this resolution, so that these Various supply holes have reached the organizations, have come together to 33 brave souls—whether they rise to the produce the USA Science & Engineering Fes- group to provide them with food, water, health Earth’s surface in one week or one month in tival on a nationwide scale in Washington, supplies, air, and games to keep the 33 indi- a metal contraption aptly called ‘‘The Phoe- D.C. in October, 2010; viduals safe and stable. nix’’—their families, and those who collabo- Whereas the USA Science & Engineering Because of the exhausting emotional and rated in their rescue know that here in the Festival will highlight the important con- physical impact of the situation, psychologists United States this chamber has taken the time tribution of science and engineering to have made it a priority to keep them occupied, to reflect on the plight of these heroes and ex- American competitiveness through exhibits on such topics as human spaceflight, sat- and believe it is an integral part of the rescue, press solidarity with them. and reintegration process when they are finally ellites, weather forecasting, and telescopes; f and pulled out. I yield back the balance of my time. Whereas the House of Representatives be- Happily, recent advancements in the drilling Mr. TANNER. I yield back the bal- lieves scientific research is essential to efforts have improved rescue forecasts origi- ance of my time. American competitiveness and events like nally set for November. The SPEAKER pro tempore. The the USA Science & Engineering Festival pro- I would like to commend President Pin˜era mote the importance of scientific research question is on the motion offered by and the Chilean government for their tireless and development to the future of America : the gentleman from Tennessee (Mr. rescue efforts and again recognize the invalu- Now, therefore, be it TANNER) that the House suspend the Resolved, That the House of Representa- able contributions of the U.S. agencies and rules and agree to the resolution, H. tives— private entities that have been a part of this Res. 1662. (1) expresses its support for the goals and humanitarian endeavor. ideals of the inaugural USA Science & Engi- I also would like to extend my heartfelt sen- The question was taken; and (two- thirds being in the affirmative) the neering Festival to promote science scholar- timents to the trapped miners and their fami- ship and an interest in scientific research lies. rules were suspended and the resolu- and development as the cornerstones of inno- Please know that we have you in our hearts tion was agreed to. vation and competition in America; and prayers. A motion to reconsider was laid on (2) supports festivals such as the USA Mr. ENGEL. Madam Speaker, I rise in sup- the table. Science & Engineering Festival which focus port of H. Res. 1662, which expresses soli- f on the importance of science and engineering to our every day lives through exhibits in darity with the 33 trapped miners in Chile, b 1630 such topics as human spaceflight, weather whose story we’ve all been following in the forecasting, satellite technology, and tele- news. Imagine: If we sit riveted to the tireless SUPPORTING INAUGURAL USA scopes; efforts of the rescue teams, what it must be SCIENCE AND ENGINEERING FES- (3) congratulates all the individuals and or- like in Chile in ‘‘Camp Hope’’ where the fami- TIVAL ganizations whose efforts will make the USA lies of the stranded miners hold vigil every Mr. GORDON of Tennessee. Madam Science & Engineering Festival highlighting American accomplishments in science and day. Hope—Esperanza in Spanish—is a pow- Speaker, I move to suspend the rules erful force. In fact, the wife of one of the min- engineering possible; and and agree to the resolution (H. Res. (4) encourages families and their children ers has given birth in the days since the col- 1660) expressing support for the goals to participate in the activities and exhibits lapse. The daughter’s name: Esperanza. and ideals of the inaugural USA which will occur on the National Mall and Just last week, I met with the Chilean De- Science and Engineering Festival in across America as satellite events to the fense Minister in my office. We spoke of mir- Washington, D.C., and for other pur- USA Science & Engineering Festival. acles. For 17 days after the mine’s collapse, poses. The SPEAKER pro tempore. Pursu- not a shred of evidence existed that the men The Clerk read the title of the resolu- ant to the rule, the gentleman from below were alive. Their families didn’t know tion. Tennessee (Mr. GORDON) and the gen- whether to grieve or to hope. Yet, on August The text of the resolution is as fol- tleman from Texas (Mr. HALL) each 22, a miracle occurred. Discovering the miners lows: will control 20 minutes. were alive provided an entire country with H. RES. 1660 The Chair recognizes the gentleman hope and inspiration. And after a method was Whereas Science, Technology, Engineer- from Tennessee. engineered to communicate with the trapped ing, and Mathematics (STEM) education is GENERAL LEAVE miners, my friend, President Sebastian Pin˜era, an essential element of America’s future Mr. GORDON of Tennessee. Madam broadcast a message to the world from the competitiveness in the world; Speaker, I ask unanimous consent that miners: ‘‘We are 33. We are fine.’’ Whereas advances in technology have re- all Members may have 5 legislative As we speak, engineers and other experts sulted in significant improvement in the days to revise and extend their re- are leading three simultaneous efforts to res- daily lives of Americans; marks and to include extraneous mate- Whereas the global economy of the future cue the miners. They involve sophisticated rial on H. Res. 1660, the resolution now heavy machinery and precision drilling equip- will require a workforce which is educated in science and engineering specialties; under consideration. ment, and every inch they descend into the Whereas a new generation of Americans The SPEAKER pro tempore. Is there mine must be undertaken with care. The min- educated in STEM is crucial to ensure con- objection to the request of the gen- ers are in a precarious situation. But the tinued economic growth; tleman from Tennessee? sense of optimism I observe in Chile is uplift- Whereas scientific discoveries are critical There was no objection. ing. The men have created a livable environ- to curing diseases, solving global challenges, Mr. GORDON of Tennessee. Madam ment down there. They exercise, they pray, and expanding our understanding of our Speaker, I yield myself such time as I they play dominos. They are surviving—but world; may consume. they need the support of their families, their Whereas it is the sense of the House of Madam Speaker, I rise today in Representatives that invigorating the inter- strong support of House Resolution country, and people around the world. est of the next generation of Americans in Their rescue is imminent. I am proud that STEM education is necessary to maintain 1660, a resolution supporting the goals our government has stepped up to help in this America’s global competitiveness; and ideals of the inaugural USA difficult, but worthy endeavor. This is not an Whereas nations around the world have Science and Engineering Festival. I example of gaining political points or helping a held science festivals which have brought to- want to congratulate the gentleman

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.080 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7059 from California (Mr. BILBRAY) for in- tertaining science gatherings in the Madam Speaker, I think that we can troducing this resolution. United States. recognize that though we have been A number of much-publicized studies Inspiring our children to become successful in the past, only if we recog- have shown that the mathematics and more interested in the STEM fields and nize that science, math, technology is science achievement of American stu- in careers through endeavors such as going to be essential for a prosperous dents is poor by international stand- this is the key to unlocking our future future, I think that we can look at ards. This is a dark cloud over the fu- economic and innovative potential and each other and say maybe we need to ture of American competitiveness. success. Over 100 members of Congress spend more time focusing on those Without high-achieving math and have joined to support the efforts of things that we have taken for granted science students today, we won’t have this festival in a bipartisan fashion. for much too long. the innovative scientists, engineers I am pleased to support the USA I am happy to say I think culturally and technologists for tomorrow. Science and Engineering Festival, and America is waking up to the fact that As you know, the House recently I encourage my colleagues to join me science is cool, that science is a neat passed the America COMPETES Act re- in this support. thing to be involved with. In fact, I authorization, which seeks to improve At this time I yield such time as he think that those of us who remember STEM education at all levels, not only may consume to the gentleman from when the chairman and I were growing so that our Nation will produce the California (Mr. BILBRAY). up, the great heroes of law enforcement world’s leading scientists and engi- Mr. BILBRAY. Madam Speaker, I were Joe Friday and the cops carrying neers, but also so that all students, rise today to offer a resolution to sup- the badge, who are still the heroes, but port the inaugural USA Science and high school, and junior college stu- now our young people are learning it is Engineering Festival to be held here in dents will have a strong background in the scientists who can find that little Washington, D.C., and, more impor- math and science. particle that leads to the answers. And tantly, to be held in 49 other locations The USA Science and Engineering every day, every night we can always across this country between October 10 Festival, which is taking place in Octo- turn on the television now, and we and October 24. I say ‘‘more impor- ber on the National Mall and in sat- don’t just see the strong cop on the tantly’’ because of the fact that some- ellite locations across the country, is a beat, we see the scientists in the lab- times those of us in Washington forget collaboration of hundreds of science oratory being our heroes. that we are the capital of the Nation, and engineering companies, profes- Hopefully this will help to continue sional associations, colleges and uni- but we are not the Nation. The foundation of this concept of our Federal re- to grow the culture that being smart is versities, K–12 schools, and other orga- cool, being a scientist is something to nizations, all with the goal to recruit public is to make sure that we represent those communities out through- aspire to be. And maybe in our own lit- the next generation of scientists and tle way, in our small way by sup- engineers by inspiring students and out this Nation, not just here in D.C. This festival is actually going to be porting this festival, we can cultivate showing them how science intersects centered here in D.C. and in 49 other lo- those minds and that creativity out daily with their lives. The culmination cations, and I think it is one of those there and maybe we will see the future of the festival will be a free 2-day expo bipartisan efforts that I would like to Alexander Graham Bells, the Thomas on the National Mall and will feature thank my colleagues for, those such as Edisons, the Robert Fultons and many over 1,500 interactive science activi- Chairman GORDON, PETE OLSON of other great Americans who have been ties. Texas, CATHY MCMORRIS RODGERS and able to create the America we know Once again I want to commend Mr. BRIAN BAIRD of Washington, two col- today and the world we see around us BILBRAY and his cosponsors for intro- leagues from Washington. that too often we take for granted that ducing this resolution, and urge my This is a unique opportunity for science and technology made it all pos- colleagues to join me in supporting the thousands of Americans to learn more sible. goals and ideals of the inaugural USA about science and engineering from ex- With this event, maybe we will be Science and Engineering Festival. hibits, participation, demonstrations, able to remind all of us how lucky we I reserve the balance of my time. performances and discussions. are to be in America, where freedom of Mr. HALL of Texas. Madam Speaker, For those of us in San Diego who mind goes along with freedom of spirit. I rise in support of H. Res. 1660, and I firsthand witnessed the wonderful Mr. HALL of Texas. Madam Speaker, yield myself such time as I may con- event we had in 2009, the inaugural I have no further requests for time, and sume. event of the San Diego Science and En- I yield back the balance of my time. Madam Speaker, I, of course, rise in ergy Festival that attracted over a Mr. GORDON of Tennessee. Madam support of H. Res. 1660, supporting the half-million participants, we are really Speaker, I once again thank my friend goals and ideals of the USA Science kind of excited for the rest of the Na- from San Diego for an excellent resolu- and Engineering Festival taking place tion to experience this. tion and also for the good constructive on the National Mall and at satellite Our Nation finds itself in the midst role he plays on our Science and Tech- events around the country. of a terrible economic recession, a cri- nology Committee. This inaugural national event on Oc- sis that is one that has been growing I yield back the balance of my time. tober 23 and 24 is intended to celebrate for generations, not one that was just The SPEAKER pro tempore. The science and raise awareness of the im- spurred in the recent past. One of the question is on the motion offered by portance of science, technology, engi- key answers to pulling ourselves out of the gentleman from Tennessee (Mr. neering, and math education in the this economic trouble is to activate GORDON) that the House suspend the United States. STEM education is a those entrepreneurial spirits in the sci- rules and agree to the resolution, H. crucial component to our Nation’s entific research that has always led Res. 1660. growth and well-being. Advances in the America on the cutting edge of tech- The question was taken; and (two- science and engineering fields not only nology, and of economic and social thirds being in the affirmative) the have made our lives significantly bet- prosperity. rules were suspended and the resolu- ter but also have had a global impact Our Nation needs this kind of stim- tion was agreed to. as well. ulus. Frankly, I think the USA Science A motion to reconsider was laid on The USA Science and Engineering and Engineering Festival is a great op- the table. Festival will have over 1,500 free hands- portunity and can help the private sec- on activities and shows for all ages fea- tor work with the public sector. In f turing some of the most talented and fact, I think the latest I saw was that b 1640 experienced specialists in the science there were millions of dollars being put and engineering fields. This festival into this by the private sector because RECOGNIZING 40TH ANNIVERSARY aims to reinvigorate the interests of they see how important this invest- OF APOLLO 13 MISSION our Nation’s youth in STEM by pro- ment of not just money, but of minds Mr. GORDON of Tennessee. Madam ducing and presenting the most com- and creativity is going to be for all of Speaker, I move to suspend the rules pelling, exciting, educational, and en- us. and agree to the resolution (H. Res.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.132 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7060 CONGRESSIONAL RECORD — HOUSE September 28, 2010 1421) recognizing the 40th anniversary rial on H. Res. 1421, the resolution now RARE EARTHS AND CRITICAL MA- of the Apollo 13 mission and the heroic under consideration. TERIALS REVITALIZATION ACT actions of both the crew and those The SPEAKER pro tempore. Is there OF 2010 working at mission control in Houston, objection to the request of the gen- Mr. GORDON of Tennessee. Mr. Texas, for bringing the three astro- tleman from Tennessee? Speaker, I move to suspend the rules nauts, Fred Haise, Jim Lovell, and There was no objection. and pass the bill (H.R. 6160) to develop Jack Swigert, home to Earth safely. Mr. GORDON of Tennessee. Madam a rare earth materials program, to The Clerk read the title of the resolu- Speaker, I yield myself such time as I amend the National Materials and Min- tion. may consume. erals Policy, Research and Develop- The text of the resolution is as fol- Madam Speaker, it is hard to imag- ment Act of 1980, and for other pur- lows: ine a more difficult problem than that poses, as amended. H. RES. 1421 of figuring out how to safely return to The Clerk read the title of the bill. Whereas, on April 11, 1970, Apollo 13 was Earth in a critically damaged space- The text of the bill is as follows: launched with an intended destination of Fra craft heading towards the Moon—or H.R. 6160 Mauro highlands on the Moon; one that is more urgent. Yet, through Be it enacted by the Senate and House of Rep- Whereas on the way to the Moon, roughly resentatives of the United States of America in 199,990 miles from Earth, the number 2 oxy- the combined efforts of the three con- Congress assembled, gen tank exploded and seriously damaged the summately trained astronauts, the Apollo 13 spacecraft; skilled NASA engineers and flight con- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Whereas after mission control calculated trollers and contractor workforce, (a) SHORT TITLE.—This Act may be cited as that a lunar landing was impossible, mission Apollo 13 and its crew were brought the ‘‘Rare Earths and Critical Materials Re- control decided to fly a circumlunar orbit vitalization Act of 2010’’. back to Earth safely. As we consider (b) TABLE OF CONTENTS.—The table of con- and use the Moon’s gravity to return the the future of NASA and its human tents for this Act is as follows: ship to Earth; spaceflight programs, let this 40th an- Whereas the tireless and heroic work of Sec. 1. Short title; table of contents. both mission control and the astronauts on niversary of the Apollo 13 mission both Sec. 2. Definitions. board the spacecraft allowed Apollo 13 to inspire us and remind us of the impor- TITLE I—RARE EARTH MATERIALS safely navigate back to Earth; tance of ensuring safety and the Sec. 101. Rare earth materials program. Whereas the heroic work of mission con- strength and capabilities of our human Sec. 102. Rare earth materials loan guar- trol in Houston, Texas, solved a number of spaceflight workforce as we send our antee program. unique engineering problems, such as using astronauts into space. TITLE II—NATIONAL MATERIALS AND the lunar module as a lifeboat for the crew I would like to thank the resolution’s MINERALS POLICY, RESEARCH, AND and devising a carbon dioxide control system DEVELOPMENT completely from scratch; sponsor, Mr. POE, for introducing this good resolution. Sec. 201. Amendments to National Materials Whereas without the outstanding work of and Minerals Policy, Research the men and women at mission control, the I reserve the balance of my time. and Development Act of 1980. astronauts would most certainly not have Mr. HALL of Texas. Madam Speaker, Sec. 202. Repeal. been able to return to Earth safely; I yield myself such time as I may con- SEC. 2. DEFINITIONS. Whereas the safe return of the crew is a sume. In this Act: testament to United States ingenuity, and a I rise in support of H. Res. 1421, rec- (1) APPROPRIATE CONGRESSIONAL COMMIT- can-do attitude which represents the best of ognizing the 40th anniversary of the TEES.—The term ‘‘appropriate Congressional the space program and the Nation; committees’’ means the Committee on Whereas the Apollo program lasted from safe return of the Apollo 13 crew cap- sule. Apollo 13 launched from Kennedy Science and Technology of the House of Rep- 1961 to 1975 and set a number of milestones in resentatives and the Committee on Com- human spaceflight, including the first mis- Space Center on April 11, 1970, for a merce, Science, and Transportation and the sion that left low Earth orbit and the first planned lunar landing, but suffered se- Committee on Energy and Natural Resources man on the Moon; rious mechanical and systems failures of the Senate. Whereas the Apollo program spurred ad- 2 days later while en route to the (2) DEPARTMENT.—The term ‘‘Department’’ vances in many areas of technology includ- Moon. means the Department of Energy. ing avionics, telecommunications, and com- (3) RARE EARTH MATERIALS.—The term puters; and Through inventiveness and tireless efforts, the men and women at NASA’s ‘‘rare earth materials’’ means any of the fol- Whereas the Apollo missions sparked inter- lowing chemical elements in any of their est in many fields of engineering which bene- mission control center provided untest- physical forms or chemical combinations: fitted the United States economy, national ed solutions to complex challenges (A) Scandium. psyche, and leadership in science and tech- that, up to that time, were unthink- (B) Yttrium. nology: Now, therefore, be it able and unknown. Using out-of-the- (C) Lanthanum. Resolved, That the House of Representa- box creativity, NASA engineers and (D) Cerium. tives— program managers salvaged what was (E) Praseodymium. (1) recognizes the 40th anniversary of the (F) Neodymium. Apollo 13 mission; later deemed to be a ‘‘successful failure,’’ bringing the crew successfully (G) Promethium. (2) recognizes the bravery and heroism of (H) Samarium. the astronauts of the Apollo 13 mission, as back to Earth on April 17. (I) Europium. well as the men and women in mission con- I am proud to support this resolution. (J) Gadolinium. trol; I am proud, of course, of American in- (K) Terbium. (3) reaffirms its support of National Aero- genuity and the valor of the people of (L) Dysprosium. nautics and Space Administration (NASA) NASA, and encourage my colleagues to (M) Holmium. and human space flight; and join me in recognizing the 40th anni- (N) Erbium. (4) recognizes the tremendous advances to (O) Thulium. science and technology in the United States versary of the Apollo 13 mission. I yield back the balance of my time. (P) Ytterbium. that were spurned by the Apollo space pro- (Q) Lutetium. gram. Mr. GORDON of Tennessee. I yield (4) SECRETARY.—The term ‘‘Secretary’’ The SPEAKER pro tempore. Pursu- back the balance of my time. means the Secretary of Energy. ant to the rule, the gentleman from The SPEAKER pro tempore. The TITLE I—RARE EARTH MATERIALS Tennessee (Mr. GORDON) and the gen- question is on the motion offered by SEC. 101. RARE EARTH MATERIALS PROGRAM. tleman from Texas (Mr. HALL) each the gentleman from Tennessee (Mr. (a) ESTABLISHMENT OF PROGRAM.— will control 20 minutes. GORDON) that the House suspend the (1) IN GENERAL.—There is established in the The Chair recognizes the gentleman rules and agree to the resolution, H. Department a program of research, develop- from Tennessee. Res. 1421. ment, demonstration, and commercial appli- GENERAL LEAVE The question was taken; and (two- cation to assure the long-term, secure, and Mr. GORDON of Tennessee. Madam thirds being in the affirmative) the sustainable supply of rare earth materials sufficient to satisfy the national security, Speaker, I ask unanimous consent that rules were suspended and the resolu- economic well-being, and industrial produc- all Members may have 5 legislative tion was agreed to. tion needs of the United States. days to revise and extend their re- A motion to reconsider was laid on (2) PROGRAM ACTIVITIES.—The program marks and to include extraneous mate- the table. shall support activities to—

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.136 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7061 (A) better characterize and quantify virgin completion of the assessment under such less the project’s proponent provides to the stocks of rare earth materials using theo- subsection. Secretary an assurance that the loan or retical geochemical research; (3) CONSULTATION.—In preparing each plan guarantee shall be used to support the sepa- (B) explore, discover, and recover rare under paragraph (1), the Secretary shall con- ration, recovery, preparation, or manufac- earth materials using advanced science and sult with appropriate representatives of in- turing of rare earth materials in the United technology; dustry, institutions of higher education, De- States for customers within the United (C) improve methods for the extraction, partment of Energy national laboratories, States unless insufficient domestic demand processing, use, recovery, and recycling of professional and technical societies, and for such materials results in excess capacity. rare earth materials; other entities, as determined by the Sec- ‘‘(e) SUNSET.—The authority to enter into (D) improve the understanding of the per- retary. guarantees under this section shall expire on formance, processing, and adaptability in en- (c) ASSESSMENT.— September 30, 2015.’’. gineering designs of rare earth materials; (1) IN GENERAL.—After the program has (b) TABLE OF CONTENTS AMENDMENT.—The (E) identify and test alternative materials been in operation for 4 years, the Secretary table of contents of the Energy Policy Act of that can be substituted for rare earth mate- shall offer to enter into a contract with the 2005 is amended by inserting after the item rials in particular applications; National Academy of Sciences under which relating to section 1705 the following new (F) engineer and test applications that— the National Academy shall conduct an as- item: (i) use recycled rare earth materials; sessment of the program under subsection ‘‘Sec. 1706. Temporary program for rare (ii) use alternative materials; or (a). earth materials revitaliza- (iii) seek to minimize rare earth materials (2) INCLUSIONS.—The assessment shall in- tion.’’. content; clude the recommendation of the National TITLE II—NATIONAL MATERIALS AND (G) collect, catalogue, archive, and dis- Academy of Sciences that the program MINERALS POLICY, RESEARCH, AND DE- seminate information on rare earth mate- should be— VELOPMENT rials, including scientific and technical data (A) continued, accompanied by a descrip- SEC. 201. AMENDMENTS TO NATIONAL MATE- generated by the research and development tion of any improvements needed in the pro- RIALS AND MINERALS POLICY, RE- activities supported under this section, and gram; or SEARCH AND DEVELOPMENT ACT OF assist scientists and engineers in making the (B) terminated, accompanied by a descrip- 1980. fullest possible use of the data holdings; and tion of the lessons learned from the execu- (a) PROGRAM PLAN.—Section 5 of the Na- (H) facilitate information sharing and col- tion of the program. tional Materials and Minerals Policy, Re- laboration among program participants and (3) AVAILABILITY.—The assessment shall be search and Development Act of 1980 (30 stakeholders. made available to Congress and the public U.S.C. 1604) is amended— (3) IMPROVED PROCESSES AND TECH- upon completion. (1) by striking ‘‘date of enactment of this NOLOGIES.—To the maximum extent prac- SEC. 102. RARE EARTH MATERIALS LOAN GUAR- Act’’ each place it appears and inserting ticable, the Secretary shall support new or ANTEE PROGRAM. ‘‘date of enactment of the Rare Earths and significantly improved processes and tech- (a) AMENDMENT.—Title XVII of the Energy Critical Materials Revitalization Act of nologies as compared to those currently in Policy Act of 2005 (42 U.S.C. 16511 et seq.) is 2010’’; use in the rare earth materials industry. amended by adding at the end the following (2) in subsection (b), by striking ‘‘Federal (4) EXPANDING PARTICIPATION.—The Sec- new section: Coordinating Council for Science, Engineer- retary shall encourage— ‘‘SEC. 1706. TEMPORARY PROGRAM FOR RARE ing, and Technology’’ and inserting ‘‘Na- (A) multidisciplinary collaborations EARTH MATERIALS REVITALIZA- tional Science and Technology Council,’’; among program participants; and TION. (3) in subsection (c)— (B) extensive opportunities for students at ‘‘(a) IN GENERAL.—As part of the program (A) by striking ‘‘the Federal Emergency’’ institutions of higher education, including established in section 101 of the Rare Earths and all that follows through ‘‘Agency, and’’; institutions listed under section 371(a) of the and Critical Materials Revitalization Act of (B) by striking ‘‘appropriate shall’’ and in- Higher Education Act of 1965 (20 U.S.C. 2010, the Secretary is authorized, only to the serting ‘‘appropriate, shall’’; 1067q(a)). extent provided in advance in a subsequent (C) by striking paragraph (1); (5) CONSISTENCY.—The program shall be appropriations act, to make guarantees (D) in paragraph (2), by striking ‘‘in the consistent with the policies and programs in under this title for the commercial applica- case’’ and all that follows through ‘‘sub- the National Materials and Minerals Policy, tion of new or significantly improved tech- section,’’ Research and Development Act of 1980 (30 nologies (compared to technologies currently (E) by redesignating paragraph (2) as para- U.S.C. 1601 et seq.). in use in the United States at the time the graph (1); and (6) INTERNATIONAL COLLABORATION.—In car- guarantee is issued) for the following cat- (F) by amending paragraph (3) to read as rying out the program, the Secretary may egories of projects: follows: collaborate, to the extent practicable, on ac- ‘‘(1) The separation and recovery of rare ‘‘(2) assess the adequacy, accessibility, and tivities of mutual interest with the relevant earth materials from ores or other sources. stability of the supply of materials necessary agencies of foreign countries with interests ‘‘(2) The preparation of rare earth mate- to maintain national security, economic relating to rare earth materials. rials in oxide, metal, alloy, or other forms well-being, and industrial production.’’; (b) PLAN.— needed for national security, economic well- (4) by striking subsections (d) and (e); and (1) IN GENERAL.—Within 180 days after the being, or industrial production purposes. (5) by redesignating subsection (f) as sub- date of enactment of this Act and biennially ‘‘(3) The application of rare earth mate- section (d). thereafter, the Secretary shall prepare and rials in the production of improved— (b) POLICY.—Section 3 of such Act (30 submit to the appropriate Congressional ‘‘(A) magnets; U.S.C. 1602) is amended— committees a plan to carry out the program ‘‘(B) batteries; (1) by striking ‘‘The Congress declares that established under subsection (a). ‘‘(C) refrigeration systems; it’’ and inserting ‘‘It’’; and (2) SPECIFIC REQUIREMENTS.—The plan shall ‘‘(D) optical systems; (2) by striking ‘‘The Congress further de- include a description of— ‘‘(E) electronics; and clares that implementation’’ and inserting (A) the research and development activi- ‘‘(F) catalysis. ‘‘Implementation’’. ties to be carried out by the program during ‘‘(4) The application of rare earth mate- (c) IMPLEMENTATION.—Section 4 of such Act the subsequent 2 years; rials in other uses, as determined by the Sec- (30 U.S.C. 1603) is amended— (B) the expected contributions of the pro- retary. (1) by striking ‘‘For the purpose’’ and all gram to the creation of innovative methods ‘‘(b) TIMELINESS.—The Secretary shall seek that follows through ‘‘declares that the’’ and and technologies for the efficient and sus- to minimize delay in approving loan guar- inserting ‘‘The’’; and tainable provision of rare earth materials to antee applications, consistent with appro- (2) by striking ‘‘departments and agen- the domestic economy; priate protection of taxpayer interests. cies,’’ and inserting ‘‘departments and agen- (C) the criteria to be used to evaluate ap- ‘‘(c) COOPERATION.—To the maximum ex- cies to implement the policies set forth in plications for loan guarantees under section tent practicable, the Secretary shall cooper- section 3’’. 1706 of the Energy Policy Act of 2005; ate with appropriate private sector partici- SEC. 202. REPEAL. (D) any projects receiving loan guarantee pants to achieve a complete rare earth mate- Title II of Public Law 98–373 (30 U.S.C. 1801 support under such section and the status of rials production capability in the United et seq.; 98 Stat. 1248), also known as the Na- such projects; States within 5 years after the date of enact- tional Critical Materials Act of 1984, is re- (E) how the program is promoting the ment of the Rare Earths and Critical Mate- pealed. broadest possible participation by academic, rials Revitalization Act of 2010. The SPEAKER pro tempore. Pursu- industrial, and other contributors; and ‘‘(d) DOMESTIC SUPPLY CHAIN.—In support ant to the rule, the gentleman from (F) actions taken or proposed that reflect of the objective in subsection (c) to achieve recommendations from the assessment con- a rare earth materials production capability Tennessee (Mr. GORDON) and the gen- ducted under subsection (c) or the Sec- in the United States that includes the com- tleman from Texas (Mr. HALL) each retary’s rationale for not taking action pur- plete value chain described in paragraphs (1) will control 20 minutes. suant to any recommendation from such as- through (4) of subsection (a), the Secretary The Chair recognizes the gentleman sessment for plans submitted following the may not award a guarantee for a project un- from Texas.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.078 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7062 CONGRESSIONAL RECORD — HOUSE September 28, 2010 GENERAL LEAVE I call on my colleagues to support b 1650 Mr. GORDON of Tennessee. Madam H.R. 6160, and I look forward to its pas- Overall, despite the many remaining Speaker, I ask unanimous consent that sage. questions and concerns regarding rare all Members may have 5 legislative I reserve the balance of my time. earths in this legislation, I recognize days to revise and extend their re- Mr. HALL of Texas. I yield myself the importance of ensuring a stable marks and to include extraneous mate- such time as I may consume. supply of rare earth materials and the rial on H.R. 6160, the bill now under The legislation before us today, H.R. potential for a near-term supply short- consideration. 6160, the Rare Earths and Critical Ma- age, and I remain committed to work- The SPEAKER pro tempore. Is there terials Revitalization Act of 2010, deals ing on this issue and on this bill as it objection to the request of the gen- with a very important matter of poten- moves through the legislative process. tleman from Tennessee? tial concern to national security and to I reserve the balance of my time. There was no objection. the economy. Rare earths are used in Mr. GORDON of Tennessee. I yield Mr. GORDON of Tennessee. Madam many different high-tech applications, such time as she may consume to the Speaker, I yield myself such time as I including certain military and weapons lead sponsor of this good bill, the gen- may consume. systems, and China controls the bulk tlewoman from Pennsylvania (Mrs. I rise in strong support today of H.R. of world supply and recently an- DAHLKEMPER). 6160, the Rare Earths and Critical Ma- nounced its intention to reduce ex- Mrs. DAHLKEMPER. Madam Speak- terials Revitalization Act of 2010. This ports, triggering concerns that the U.S. er, I want to thank the leadership of bill was introduced by the gentlelady could face a supply gap. This is clearly the House and, particularly, Chairman from Pennsylvania (Mrs. DAHLKEMPER) an important issue that warrants our GORDON and Ranking Member HALL for and cosponsored by Mr. JERRY LEWIS, attention. allowing this bill to come forward. I Mr. COFFMAN, Mr. CARNAHAN, myself, The obvious question we face now is think it is a very important piece of and a number of other Members who all how best to address this concern. H.R. legislation for, certainly, the national recognize that we must take steps to 6160 intends to do so through establish- defense and the economy of our coun- recapture our technological lead in a ment of a rare earths materials re- try. wide range of industries critical to our search and development program and I ask: What would happen to our na- economic health, our national defense, authorization of loan guarantees to tional defense if we could no longer and a clean and secure energy future. support rare earth minerals mining, build a jet engine, vehicle batteries or For the last week you couldn’t open processing, and production activities. advanced targeting systems? What are a newspaper or watch TV without see- Notwithstanding the clear and signifi- the chances that our country would being a story warning us about the dan- cant potential for a rare earth supply come energy independent if we could ger of our reliance on China for a little- shortage, during the committee mark- not produce hybrid cars, wind turbines known but critical class of raw mate- up of this bill Republicans questioned or other alternative energy products? rials called ‘‘rare earths.’’ Rare earths whether the activities called for in What would happen to our economy if are an essential component of tech- H.R. 6160 provide the appropriate pol- the technologies we depend on to make nologies in a wide array of emerging icy response to this issue. I will sum- business work were no longer avail- and established industries. And, for ev- marize these concerns as they were able? These are questions we would have to erything from oil refining to hybrid noted in the additional GOP views in- answer if China cut off our supply of cars, wind turbines to weapon systems, cluded in the report on the bill. computer monitors to disk drives, the To the extent that a rare earth sup- rare earth materials—vital components future demand for rare earths is only ply gap may present national security to nearly every piece of advanced technology we use in our national defense expected to grow. However, despite the concerns, such concerns should prob- and throughout business and industry. U.S. at one time being the leader in ably be addressed through the Depart- For the past decade, the United this field, China now controls 97 per- ment of Defense and the House and States has been almost entirely de- cent of the global market. Making Senate Armed Services Committees. pendent on China for its supply of rare matters more urgent, China has begun With respect to commercial supply earth materials despite the fact that limiting production and export of rare needs, taxpayer subsidies in the form of we have an abundant reserve of these earths. This is clearly an untenable po- loan guarantees should be restricted to materials within our own borders. sition for the U.S. those areas not undertaken by the pri- China currently accounts for as much This is not the first time the Con- vate sector. This principle is particu- as 90 percent of the world’s available gress has been concerned with the com- larly important in the case of rare supply of rare earth materials, but petitive implications of materials such earths due to the aggressive private they are reducing the amount of these as rare earths. In 1980—30 years ago— pursuit of rare earth mining opportuni- materials going into the global mar- we established a national minerals and ties in response to recent price in- ket. Just this summer, China an- materials policy. One core element in creases. Unfortunately, an amendment nounced it would cut its rare earth ex- that legislation was a call to support to address this concern was defeated in ports for the second half of 2010 by 72 ‘‘a vigorous, comprehensive, and co- committee. percent. ordinated program of materials re- I am pleased, however, that several The bottom line is this: China is cor- search and development.’’ Unfortu- other Republican amendments to im- nering the market on rare earth mate- nately, over successive administrations prove H.R. 6160 were approved with bi- rials, and we, the United States, are the effort to sustain the program erod- partisan support, specifically amend- falling behind. That is why we need to ed. Now it is time to revive a coordi- ments to, one, eliminate funding au- act now to begin the process of cre- nated effort to level the global playing thorizations for R&D activities; two, ating our own domestic supply of rare field in rare earths. Mrs. DAHLKEMPER’s elimination of a rare earth ‘‘R&D In- earth materials so the United States is bill calls for increased research and de- formation Center’’; three, limit loan never dependent on China or on any velopment to help address the Nation’s guarantee support for the exportation other country for crucial components rare earths shortage and reinvigorates of unprocessed rare earth materials for our national security. the national policy for critical mate- necessary to meet domestic demand; My bill, H.R. 6160, the Rare Earths rials. and, four, reduce the length of author- and Critical Materials Revitalization Furthermore, the bill does not start ization for rare earth loan guarantees Act, is a bipartisan plan to jump-start a big new government program. All ac- from 8 years to 5 years. U.S. research and development in rare tivities authorized in this Act should Further, modified language address- earth materials to improve our ability take place within existing programs at ing additional Republican concerns re- to find, extract, process, and use rare the Department of Energy, the Office lated to the international collabora- earths to improve products. We want to of Science and Technology Policy, and tion was worked out following the ultimately create a robust domestic other relevant agencies. And the bill markup, and I thank Chairman GORDON supply of rare earths. does not authorize any new appropria- for working with our side of the aisle My legislation will foster a strong tions. to improve this provision. rare earths industry here in the United

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.139 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7063 States. The scope of this bill spans the reduction in the carbon footprint. If we The yeas and nays were ordered. full supply chain from exploration to want to drive our Priuses, then we have The SPEAKER pro tempore. Pursu- mining to manufacturing. It will re- to be brave enough not only to support ant to clause 8 of rule XX and the duce risks in financing new rare earth this bill but to tell our colleagues that Chair’s prior announcement, further production facilities by guaranteeing we have to open up the public lands to proceedings on this motion will be loans to companies with new proc- allow the mining to be done so that we postponed. essing and refining technologies. My will have access to create these mir- f bill will also help create a U.S. min- acles. Too often we are willing to talk b 1700 erals and materials policy so we are about spending money to do the kinds never without a plan of action if our of things that need to be done, but we WIPA AND PABSS EXTENSION ACT supply of rare earths falls short. are not willing to say we need to re- OF 2010 China has stated clearly that foreign form our Federal regulations and our Mr. TANNER. Madam Speaker, I firms that move their manufacturing processes to make those things pos- move to suspend the rules and pass the capacities onto Chinese soil will have sible. bill (H.R. 6200) to amend part A of title no trouble procuring rare earth mate- One hears all the time that what XI of the Social Security Act to pro- rials for their needs. That’s just an- America needs for energy independence vide for a 1-year extension of the au- other way that American manufac- is a new Manhattan Project. Well, la- thorizations for the Work Incentives turing jobs are being lured overseas. dies and gentlemen, as somebody who Planning and Assistance program and That has to stop. We need to make has worked on environmental issues for the Protection and Advocacy for Bene- things right here in our country and to over 30 years, the Manhattan Project ficiaries of Social Security program. give those great manufacturing jobs to would be illegal to do today. Federal The Clerk read the title of the bill. American men and women. regulation would not allow a Manhat- The text of the bill is as follows: Madam Speaker, this bill cannot tan Project. As the committee that H.R. 6200 wait. Just last week, China reportedly works on science, we need to under- Be it enacted by the Senate and House of Rep- cut off Japan’s supply of rare earths in stand that we can only do so much. The resentatives of the United States of America in the wake of a territory conflict. This is jurisdiction of the Natural Resources Congress assembled, a clear warning sign, and we would be Committee needs to be partners in this SECTION 1. SHORT TITLE. foolish to ignore it. If China is willing effort. We need to tear down the bar- This Act may be cited as the ‘‘WIPA and to use its control of rare earths as le- riers of government regulation which PABSS Extension Act of 2010’’. verage over other countries, we need to do not allow access to those important SEC. 2. EXTENSION OF AUTHORIZATIONS FOR components that are public property THE WORK INCENTIVES PLANNING counter that advantage by jump-start- AND ASSISTANCE PROGRAM AND ing our domestic market of rare earths and public resources. The American THE PROTECTION AND ADVOCACY now. The GAO reports that it may take people own these resources, and they FOR BENEFICIARIES OF SOCIAL SE- up to 15 years to rebuild the United should be able to have access to them. CURITY PROGRAM. (a) WORK INCENTIVES PLANNING AND ASSIST- States’ rare earth supply chain. Delay- I am very sensitive to the environmental impact of exploiting resources ANCE.—Section 1149(d) of the Social Security ing the seed money to begin this proc- Act (42 U.S.C. 1320b–20(d)) is amended by ess only prolongs our dependency on in an inappropriate way. Yet, as a former member of the Air Resources striking ‘‘2010’’ and inserting ‘‘2011’’. China. (b) PROTECTION AND ADVOCACY FOR BENE- I urge my colleagues to support this Board, I am very, very aware of the FICIARIES OF SOCIAL SECURITY.—Section bipartisan plan to promote U.S. global great environmental threat if we do 1150(h) of such Act (42 U.S.C. 1320b–21(h)) is competitiveness and to ensure our na- not utilize our own native resources to amended by striking ‘‘2010’’ and inserting tional defense technology is made in address these issues. ‘‘2011’’. So I want to thank the chairman. America. SEC. 3. CONFORMING CHANGES TO THE WORK IN- This is probably one of his last bills to CENTIVES PLANNING AND ASSIST- Mr. HALL of Texas. Madam Speaker, be before this committee. It is a great, ANCE PROGRAM. I yield 3 minutes to the gentleman great bill at a critical time. I hope the (a) ANNUAL REPORTS.—Section 1149 of the from California (Mr. BILBRAY). Social Security Act (as amended by section Mr. BILBRAY. Madam Speaker, I ap- committees of jurisdiction, such as the 2(a)) is further amended by redesignating preciate this bill on two points. I ap- Natural Resources Committee, will be subsections (c) and (d) as subsections (d) and preciate the fact that the chairman of as strong and as brave to bring these (e), respectively, and by inserting after sub- items forward so the gentlewoman the Science and Technology Com- section (b) the following new subsection: from Pennsylvania’s bill can not only ‘‘(c) ANNUAL REPORT.—Each entity award- mittee has been willing to bring forth see the light of day here in this body ed a grant, cooperative agreement, or con- this bill, which is very critical at a but actually can see the implementa- tract under this section shall submit an an- very critical time. I also want to thank tion of one of the most important nual report to the Commissioner on the ben- the gentlewoman from Pennsylvania efits planning and assistance provided to in- things that is facing us as an economy (Mrs. DAHLKEMPER) for raising this dividuals under such grant, agreement, or and as a free people, which is just mak- issue. contract.’’. From the Science and Technology ing sure that we have the access to (b) ONE-YEAR CARRYOVER.— those items that make these miracles (1) IN GENERAL.—Section 1149(b)(4) of such Committee’s point of view, this is an Act (42 U.S.C. 1320b–20(b)(4)) is amended— appropriate action to take. Sadly, possible. Thank you very much for this bill, (A) by striking ‘‘(4) ALLOCATION OF COSTS.— Madam Speaker, we should have sit- and I support it. The costs’’ and inserting the following: ting on the podium next to our chair- Mr. HALL of Texas. Madam Speaker, ‘‘(4) FUNDING.— man the chairman of the Natural Re- I have no further requests for time, and ‘‘(A) ALLOCATION OF COSTS.—The costs’’; sources Committee, because I think all and I yield back the balance of my time. (B) by adding at the end the following: of us will agree that all of the funding Mr. GORDON of Tennessee. I yield and all of the studies do not accom- ‘‘(B) CARRYOVER.—An amount not in excess back the balance of my time. of 10 percent of the total amount obligated plish anything if we do not have access The SPEAKER pro tempore. The through a grant, cooperative agreement, or to the material to make it reality. One question is on the motion offered by contract awarded under this section for a fis- of the critical things we need to do is the gentleman from Tennessee (Mr. cal year to a State or a private agency or or- to bridge the gap between what we GORDON) that the House suspend the ganization shall remain available for obliga- know we need to do and what we allow rules and pass the bill, H.R. 6160, as tion to such State or private agency or orga- to be done. amended. nization until the end of the succeeding fis- One of the sad things right now is the The question was taken. cal year. Any such amount remaining avail- fact that we keep talking about great The SPEAKER pro tempore. In the able for obligation during such succeeding breakthroughs. We have got to recog- fiscal year shall be available for providing opinion of the Chair, two-thirds being benefits planning and assistance only for in- nize that all of us are so excited about in the affirmative, the ayes have it. dividuals who are within the caseload of the high-tech electrification of transpor- Mr. GORDON of Tennessee. Madam recipient of the grant, agreement, or con- tation systems, about the efficiency Speaker, on that I demand the yeas tract as of immediately before the beginning and energy saved there and about the and nays. of such fiscal year.’’.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.141 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7064 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (2) EFFECTIVE DATE.—The amendments Good data is critical to our efforts to make funding level has remained constant since made by paragraph (1) shall apply with re- sure that taxpayer funds to WIPAs are well- these programs were created. spect to amounts allotted under section 1149 spent. While I support a one-year extension of of the Social Security Act for payment for a It also helps us learn more about what kind these two important programs, I am dis- fiscal year after fiscal year 2010. of help disabled beneficiaries may need if they appointed that our Subcommittee has not con- The SPEAKER pro tempore. Pursu- are able to return to work, which will allow us tinued the work it began in May of last year ant to the rule, the gentleman from to make other improvements in future legisla- when we learned that Social Security’s Ticket Tennessee (Mr. TANNER) and the gen- tion. to Work Program wasn’t working as we would tleman from Texas (Mr. SAM JOHNSON) Second, this legislation would allow all like. each will control 20 minutes. WIPA grantees to carry over 10 percent of Despite some signs of improvement since The Chair recognizes the gentleman their funding into the next year, a change new rules were issued, now more than ever, from Tennessee. originally proposed by the Obama Administra- we need to look at how every taxpayer dollar GENERAL LEAVE tion. This change will allow for better and is spent. No matter how well intended these Mr. TANNER. Madam Speaker, I ask more consistent budgeting instead of encour- programs are, at the end of the day taxpayers unanimous consent that all Members aging end-of-year spending. deserve to know if they are getting their mon- have 5 legislative days in which to re- By extending WIPA and PABSS for a year, ey’s worth. Programs that don’t work must be vise and extend their remarks on the we reaffirm our commitment to these important changed or must end. bill under consideration. work support programs, while also acknowl- I urge all my colleagues to vote yes. The SPEAKER pro tempore. Is there edging the need to consider policy and fund- I yield back the balance of my time. objection to the request of the gen- ing changes in the near future. Mr. TANNER. I yield back the bal- tleman from Tennessee? I urge my colleagues to support this bipar- ance of my time. There was no objection. tisan, commonsense legislation. The SPEAKER pro tempore. The Mr. TANNER. Madam Speaker, I I reserve the balance of my time. question is on the motion offered by yield myself as much time as I may Mr. SAM JOHNSON of Texas. Madam the gentleman from Tennessee (Mr. consume. Speaker, I yield myself such time as I TANNER) that the House suspend the This bill is an extension of two very may consume. rules and pass the bill, H.R. 6200. important provisions of the Ticket to I rise today in support of the passage The question was taken; and (two- Work Act of 1999 which basically helps of this legislation, and I think the Sup- thirds being in the affirmative) the disabled Americans return to work plemental Security Income and Social rules were suspended and the bill was when, and if, they can. This has been a Security disability benefit programs passed. bipartisan team effort I was pleased to provide an essential income safety net A motion to reconsider was laid on work on with Mr. JOHNSON some time for people with disabilities. the table. ago. The bill has no direct spending Yet these programs face a real fiscal chal- f and complies with pay-as-you-go rules. lenge. Waste, fraud and abuse continues to I am pleased to support this important ex- threaten public confidence. Most importantly REGULATED INVESTMENT COM- tension of two programs from the bipartisan the disability program will not be able to pay PANY MODERNIZATION ACT OF Ticket to Work Act of 1999, which was intro- full benefits beginning just eight years from 2010 duced by my colleagues EARL POMEROY, JIM now in 2018. Mr. NEAL. Madam Speaker, I move MCDERMOTT, and SAM JOHNSON. Those who depend on these critical benefits to suspend the rules and pass the bill This has been a bipartisan, collaborative ef- are counting on us to act. They want answers (H.R. 4337) to amend the Internal Rev- fort to ensure that two important programs that and we must turn to these issues without enue Code of 1986 to modify certain help disabled Americans return to work con- delay. rules applicable to regulated invest- tinue for another year, and I thank my col- With respect to the legislation we are con- ment companies, and for other pur- leagues for their good work on this issue. sidering today, just over 10 years ago Con- poses, as amended. The Work Incentives Planning and Assist- gress passed The Ticket to Work and Work The Clerk read the title of the bill. ance program (WIPA) provides $23 million for Incentives Improvement Act to help those with The text of the bill is as follows: community-based organizations to provide disabilities get back to work. H.R. 4337 personalized assistance to help Supplemental The two grant programs we would reauthor- Be it enacted by the Senate and House of Rep- Security Income (SSI) and Social Security Dis- ize today were created as part of that land- resentatives of the United States of America in ability Insurance (DI) recipients understand mark legislation. Congress assembled, Social Security’s complex work incentive poli- One of the grant programs, The Work In- SECTION 1. SHORT TITLE, ETC. cies and the effect that working will have on centives Planning Assistance Program funds (a) SHORT TITLE.—This Act may be cited as their benefits. In 2009, WIPA assisted over community-based organizations to assist those the ‘‘Regulated Investment Company Mod- 37,000 SSI and DI beneficiaries who wanted receiving benefits to find work as well as un- ernization Act of 2010’’. to return to work. derstand Social Security’s complex rules and (b) REFERENCE.—Except as otherwise ex- The Protection and Advocacy for Bene- pressly provided, whenever in this Act an the effect of working on their benefits, their amendment or repeal is expressed in terms of ficiaries of Social Security (PABSS) program health care and on other public benefits they an amendment to, or repeal of, a section or provides $7 million in grants to designated may receive. other provision, the reference shall be con- Protection and Advocacy Systems to provide Today there are a total of 103 community- sidered to be made to a section or other pro- legal advocacy services that beneficiaries based cooperative agreements in all 50 vision of the Internal Revenue Code of 1986. need to secure, maintain, or regain employ- States. Last year these programs served over (c) TABLE OF CONTENTS.—The table of con- ment. In 2009, PABSS served nearly 9,000 37,000 people. tents for this Act is as follows: beneficiaries. One example is The Work Incentive Plan- Sec. 1. Short title, etc. If Congress does not extend these pro- ning Assistance Program of Easter Seals TITLE I—CAPITAL LOSS CARRYOVERS grams by the end of October, the Social Secu- North Texas which serves 19 counties in the OF REGULATED INVESTMENT COMPA- rity Administration has told us there may be a north Texas area, including my district. Thanks NIES lapse in service to beneficiaries, so it’s impor- to their hard work, so far this year over 20 Sec. 101. Capital loss carryovers of regulated tant that we act now. percent of their caseload has jobs. investment companies. The bill also includes two commonsense, The other grant program, The Protection TITLE II—MODIFICATION OF GROSS IN- good-government changes to increase ac- and Advocacy Program for Beneficiaries of COME AND ASSET TESTS OF REGU- countability and make the WIPA program Social Security Program funds 57 grant pro- LATED INVESTMENT COMPANIES more efficient. grams covering all 50 States. These programs Sec. 201. Income from commodities counted First, we add a requirement that all WIPA served almost 9,000 people last year, helping toward gross income test of grantees report data to the Social Security Ad- regulated investment compa- those working or trying to work by assisting in nies. ministration about the beneficiaries they serve the resolution of potential disputes, including Sec. 202. Savings provisions for failures of and the kinds of help they provided, the same those with their employer. regulated investment compa- requirement that current PABSS grantees The authorized funding level included in the nies to satisfy gross income and have. bill for these two programs is $30 million. This asset tests.

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TITLE III—MODIFICATION OF RULES RE- ‘‘(i) LOSSES TO WHICH THIS PARAGRAPH AP- ‘‘(A) IN GENERAL.—A corporation that fails LATED TO DIVIDENDS AND OTHER DIS- PLIES.—Clauses (ii) and (iii) of subparagraph to meet the requirements of subsection (b)(3) TRIBUTIONS (A) shall be applied without regard to any (other than a failure described in subpara- Sec. 301. Modification of dividend designa- amount treated as a short-term capital loss graph (B)(i)) for such quarter shall neverthe- tion requirements and alloca- under paragraph (1). less be considered to have satisfied the re- tion rules for regulated invest- ‘‘(ii) LOSSES TO WHICH GENERAL RULE AP- quirements of such subsection for such quar- ment companies. PLIES.—Paragraph (1) shall be applied by sub- ter if— Sec. 302. Earnings and profits of regulated stituting ‘net capital loss for the loss year or ‘‘(i) following the corporation’s identifica- investment companies. any taxable year thereafter (other than a net tion of the failure to satisfy the require- Sec. 303. Pass-thru of exempt-interest divi- capital loss to which paragraph (3)(A) ap- ments of such subsection for such quarter, a dends and foreign tax credits in plies)’ for ‘net capital loss for the loss year description of each asset that causes the cor- fund of funds structure. or any taxable year thereafter’.’’. poration to fail to satisfy the requirements Sec. 304. Modification of rules for spillover (b) CONFORMING AMENDMENTS.— of such subsection at the close of such quar- dividends of regulated invest- (1) Subparagraph (C) of section 1212(a)(1) is ter is set forth in a schedule for such quarter ment companies. amended to read as follows: filed in the manner provided by the Sec- ‘‘(C) a capital loss carryover to each of the Sec. 305. Return of capital distributions of retary, 10 taxable years succeeding the loss year, but regulated investment compa- ‘‘(ii) the failure to meet the requirements only to the extent such loss is attributable nies. of such subsection for such quarter is due to to a foreign expropriation loss,’’. Sec. 306. Distributions in redemption of reasonable cause and not due to willful ne- (2) Paragraph (10) of section 1222 is amend- stock of a regulated investment glect, and ed by striking ‘‘section 1212’’ and inserting company. ‘‘(iii)(I) the corporation disposes of the as- ‘‘section 1212(a)(1)’’. Sec. 307. Repeal of preferential dividend rule sets set forth on the schedule specified in for publicly offered regulated (c) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in clause (i) within 6 months after the last day investment companies. of the quarter in which the corporation’s Sec. 308. Elective deferral of certain late- paragraph (2), the amendments made by this section shall apply to net capital losses for identification of the failure to satisfy the re- year losses of regulated invest- quirements of such subsection occurred or ment companies. taxable years beginning after the date of the enactment of this Act. such other time period prescribed by the Sec- Sec. 309. Exception to holding period re- retary and in the manner prescribed by the quirement for certain regularly (2) COORDINATION RULES.—Subparagraph (B) of section 1212(a)(3) of the Internal Revenue Secretary, or declared exempt-interest divi- ‘‘(II) the requirements of such subsection dends. Code of 1986, as added by this section, shall apply to taxable years beginning after the are otherwise met within the time period TITLE IV—MODIFICATIONS RELATED TO date of the enactment of this Act. specified in subclause (I). EXCISE TAX APPLICABLE TO REGU- ‘‘(B) RULE FOR CERTAIN DE MINIMIS FAIL- TITLE II—MODIFICATION OF GROSS IN- LATED INVESTMENT COMPANIES COME AND ASSET TESTS OF REGU- URES.—A corporation that fails to meet the Sec. 401. Excise tax exemption for certain LATED INVESTMENT COMPANIES requirements of subsection (b)(3) for such regulated investment compa- quarter shall nevertheless be considered to SEC. 201. INCOME FROM COMMODITIES COUNTED have satisfied the requirements of such sub- nies owned by tax exempt enti- TOWARD GROSS INCOME TEST OF ties. REGULATED INVESTMENT COMPA- section for such quarter if— Sec. 402. Deferral of certain gains and losses NIES. ‘‘(i) such failure is due to the ownership of of regulated investment compa- (a) GROSS INCOME TEST.—Subparagraph (A) assets the total value of which does not ex- nies for excise tax purposes. of section 851(b)(2) is amended— ceed the lesser of— Sec. 403. Distributed amount for excise tax (1) by striking ‘‘foreign currencies’’ and in- ‘‘(I) 1 percent of the total value of the cor- purposes determined on basis of serting ‘‘commodities’’, and poration’s assets at the end of the quarter taxes paid by regulated invest- (2) by striking ‘‘or currencies’’ and insert- for which such measurement is done, or ment company. ing ‘‘or commodities’’. ‘‘(II) $10,000,000, and Sec. 404. Increase in required distribution of (b) REPEAL OF REGULATORY AUTHORITY TO ‘‘(ii)(I) the corporation, following the iden- capital gain net income. EXCLUDE CERTAIN FOREIGN CURRENCY GAINS tification of such failure, disposes of assets TITLE V—OTHER PROVISIONS FROM QUALIFYING INCOME.—Subsection (b) of in order to meet the requirements of such section 851 is amended by striking ‘‘For pur- subsection within 6 months after the last day Sec. 501. Repeal of assessable penalty with poses of paragraph (2), the Secretary may by of the quarter in which the corporation’s respect to liability for tax of regulation exclude from qualifying income identification of the failure to satisfy the re- regulated investment compa- foreign currency gains which are not directly nies. quirements of such subsection occurred or related to the company’s principal business Sec. 502. Modification of sales load basis de- such other time period prescribed by the Sec- of investing in stock or securities (or options ferral rule for regulated invest- retary and in the manner prescribed by the and futures with respect to stock or securi- ment companies. Secretary, or ties).’’ in the flush matter after paragraph ‘‘(II) the requirements of such subsection TITLE VI—PAYGO COMPLIANCE (3). are otherwise met within the time period Sec. 601. Paygo compliance. (c) CONFORMING AMENDMENTS.— specified in subclause (I). TITLE I—CAPITAL LOSS CARRYOVERS OF (1) Subsection (h) of section 851 is amended ‘‘(C) TAX.— REGULATED INVESTMENT COMPANIES by inserting ‘‘(determined by substituting ‘‘(i) TAX IMPOSED.—If subparagraph (A) ap- ‘foreign currencies’ for ‘commodities’ there- SEC. 101. CAPITAL LOSS CARRYOVERS OF REGU- plies to a corporation for any quarter, there in)’’ after ‘‘subsection (b)(2)(A)’’. is hereby imposed on such corporation a tax LATED INVESTMENT COMPANIES. (2) Paragraph (4) of section 7704(d) is (a) IN GENERAL.—Subsection (a) of section in an amount equal to the greater of— amended by inserting ‘‘(determined by sub- ‘‘(I) $50,000, or 1212 is amended by redesignating paragraph stituting ‘foreign currencies’ for ‘commod- (3) as paragraph (4) and by inserting after ‘‘(II) the amount determined (pursuant to ities’ therein)’’ after ‘‘section 851(b)(2)(A)’’. regulations promulgated by the Secretary) paragraph (2) the following new paragraph: (d) EFFECTIVE DATE.—The amendments by multiplying the net income generated by ‘‘(3) REGULATED INVESTMENT COMPANIES.— made by this section shall apply to taxable the assets described in the schedule specified ‘‘(A) IN GENERAL.—If a regulated invest- years beginning after the date of the enact- in subparagraph (A)(i) for the period speci- ment company has a net capital loss for any ment of this Act. taxable year— fied in clause (ii) by the highest rate of tax SEC. 202. SAVINGS PROVISIONS FOR FAILURES specified in section 11. ‘‘(i) paragraph (1) shall not apply to such OF REGULATED INVESTMENT COM- loss, PANIES TO SATISFY GROSS INCOME ‘‘(ii) PERIOD.—For purposes of clause (i)(II), ‘‘(ii) the excess of the net short-term cap- AND ASSET TESTS. the period described in this clause is the pe- ital loss over the net long-term capital gain (a) ASSET TEST.—Subsection (d) of section riod beginning on the first date that the fail- for such year shall be a short-term capital 851 is amended— ure to satisfy the requirements of subsection loss arising on the first day of the next tax- (1) by striking ‘‘A corporation which (b)(3) occurs as a result of the ownership of able year, and meets’’ and inserting the following: such assets and ending on the earlier of the ‘‘(iii) the excess of the net long-term cap- ‘‘(1) IN GENERAL.—A corporation which date on which the corporation disposes of ital loss over the net short-term capital gain meets’’, and such assets or the end of the first quarter for such year shall be a long-term capital (2) by adding at the end the following new when there is no longer a failure to satisfy loss arising on the first day of the next tax- paragraph: such subsection. able year. ‘‘(2) SPECIAL RULES REGARDING FAILURE TO ‘‘(iii) ADMINISTRATIVE PROVISIONS.—For ‘‘(B) COORDINATION WITH GENERAL RULE.—If SATISFY REQUIREMENTS.—If paragraph (1) purposes of subtitle F, a tax imposed by this a net capital loss to which paragraph (1) ap- does not preserve a corporation’s status as a subparagraph shall be treated as an excise plies is carried over to a taxable year of a regulated investment company for any par- tax with respect to which the deficiency pro- regulated investment company— ticular quarter— cedures of such subtitle apply.’’.

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(b) GROSS INCOME TEST.—Section 851 is calendar year, if the post-December reported ber reported amount’ for ‘aggregate reported amended by adding at the end the following amount equals or exceeds the excess reported amount’ and no excess reported amount shall new subsection: amount for such taxable year, subclause (I) be allocated to any dividend paid on or be- ‘‘(i) FAILURE TO SATISFY GROSS INCOME shall be applied by substituting ‘post-Decem- fore December 31 of such taxable year. TEST.— ber reported amount’ for ‘aggregate reported ‘‘(iv) DEFINITIONS.—For purposes of this ‘‘(1) DISCLOSURE REQUIREMENT.—A corpora- amount’ and no excess reported amount shall subparagraph— tion that fails to meet the requirement of be allocated to any dividend paid on or be- ‘‘(I) REPORTED EXEMPT-INTEREST DIVIDEND paragraph (2) of subsection (b) for any tax- fore December 31 of such taxable year. AMOUNT.—The term ‘reported exempt-inter- able year shall nevertheless be considered to ‘‘(iv) DEFINITIONS.—For purposes of this est dividend amount’ means the amount re- have satisfied the requirement of such para- subparagraph— ported to its shareholders under clause (i) as graph for such taxable year if— ‘‘(I) REPORTED CAPITAL GAIN DIVIDEND an exempt-interest dividend. ‘‘(A) following the corporation’s identifica- AMOUNT.—The term ‘reported capital gain ‘‘(II) EXCESS REPORTED AMOUNT.—The term tion of the failure to meet such requirement dividend amount’ means the amount re- ‘excess reported amount’ means the excess of for such taxable year, a description of each ported to its shareholders under clause (i) as the aggregate reported amount over the ex- item of its gross income described in such a capital gain dividend. empt interest of the company for the taxable paragraph is set forth in a schedule for such ‘‘(II) EXCESS REPORTED AMOUNT.—The term year. taxable year filed in the manner provided by ‘excess reported amount’ means the excess of ‘‘(III) AGGREGATE REPORTED AMOUNT.—The the Secretary, and the aggregate reported amount over the net term ‘aggregate reported amount’ means the ‘‘(B) the failure to meet such requirement capital gain of the company for the taxable aggregate amount of dividends reported by is due to reasonable cause and not due to year. the company under clause (i) as exempt-in- willful neglect. ‘‘(III) AGGREGATE REPORTED AMOUNT.—The terest dividends for the taxable year (includ- ‘‘(2) IMPOSITION OF TAX ON FAILURES.—If term ‘aggregate reported amount’ means the ing exempt-interest dividends paid after the paragraph (1) applies to a regulated invest- aggregate amount of dividends reported by close of the taxable year described in section ment company for any taxable year, there is the company under clause (i) as capital gain 855). hereby imposed on such company a tax in an dividends for the taxable year (including ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— amount equal to the excess of— capital gain dividends paid after the close of The term ‘post-December reported amount’ ‘‘(A) the gross income of such company the taxable year described in section 855). means the aggregate reported amount deter- which is not derived from sources referred to ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— mined by taking into account only dividends in subsection (b)(2), over The term ‘post-December reported amount’ paid after December 31 of the taxable year. means the aggregate reported amount deter- ‘‘(V) EXEMPT INTEREST.—The term ‘exempt ‘‘(B) 1⁄9 of the gross income of such company which is derived from such sources.’’. mined by taking into account only dividends interest’ means, with respect to any regu- paid after December 31 of the taxable year. lated investment company, the excess of the (c) DEDUCTION OF TAXES PAID FROM INVEST- ‘‘(v) ADJUSTMENT FOR DETERMINATIONS.—If amount of interest excludable from gross in- MENT COMPANY TAXABLE INCOME.—Paragraph (2) of section 852(b) is amended by adding at there is an increase in the excess described come under section 103(a) over the amounts the end the following new subparagraph: in subparagraph (A) for the taxable year disallowed as deductions under sections 265 which results from a determination (as de- ‘‘(G) There shall be deducted an amount and 171(a)(2).’’. fined in section 860(e)), the company may, (c) FOREIGN TAX CREDITS.— equal to the tax imposed by subsections subject to the limitations of this subpara- (1) IN GENERAL.—Subsection (c) of section (d)(2) and (i) of section 851 for the taxable graph, increase the amount of capital gain 853 is amended— year.’’. dividends reported under clause (i). (A) by striking ‘‘so designated by the com- (d) EFFECTIVE DATE.—The amendments ‘‘(vi) SPECIAL RULE FOR LOSSES LATE IN THE pany in a written notice mailed to its share- made by this section shall apply to taxable CALENDAR YEAR.—For special rule for certain holders not later than 60 days after the close years with respect to which the due date (de- losses after October 31, see paragraph (8).’’. of the taxable year’’ and inserting ‘‘so re- termined with regard to any extensions) of (2) CONFORMING AMENDMENT.—Subpara- ported by the company in a written state- the return of tax for such taxable year is graph (B) of section 860(f)(2) is amended by ment furnished to such shareholder’’, and after the date of the enactment of this Act. inserting ‘‘or reported (as the case may be)’’ (B) by striking ‘‘NOTICE’’ in the heading TITLE III—MODIFICATION OF RULES RE- after ‘‘designated’’. and inserting ‘‘STATEMENTS’’. LATED TO DIVIDENDS AND OTHER DIS- (b) EXEMPT-INTEREST DIVIDENDS.—Subpara- (2) CONFORMING AMENDMENTS.—Subsection TRIBUTIONS graph (A) of section 852(b)(5) is amended to (d) of section 853 is amended— SEC. 301. MODIFICATION OF DIVIDEND DESIGNA- read as follows: (A) by striking ‘‘and the notice to share- TION REQUIREMENTS AND ALLOCA- ‘‘(A) DEFINITION OF EXEMPT-INTEREST DIVI- holders required by subsection (c)’’ in the TION RULES FOR REGULATED IN- DEND.— text thereof, and VESTMENT COMPANIES. ‘‘(i) IN GENERAL.—Except as provided in (B) by striking ‘‘AND NOTIFYING SHARE- (a) CAPITAL GAIN DIVIDENDS.— clause (ii), an exempt-interest dividend is HOLDERS’’ in the heading thereof. (1) IN GENERAL.—Subparagraph (C) of sec- any dividend or part thereof (other than a (d) CREDITS FOR TAX CREDIT BONDS.— tion 852(b)(3) is amended to read as follows: capital gain dividend) paid by a regulated in- (1) IN GENERAL.—Subsection (c) of section ‘‘(C) DEFINITION OF CAPITAL GAIN DIVI- vestment company and reported by the com- 853A is amended— DEND.—For purposes of this part— pany as an exempt-interest dividend in writ- (A) by striking ‘‘so designated by the regu- ‘‘(i) IN GENERAL.—Except as provided in ten statements furnished to its shareholders. lated investment company in a written no- clause (ii), a capital gain dividend is any div- ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the tice mailed to its shareholders not later than idend, or part thereof, which is reported by aggregate reported amount with respect to 60 days after the close of its taxable year’’ the company as a capital gain dividend in the company for any taxable year exceeds and inserting ‘‘so reported by the regulated written statements furnished to its share- the exempt interest of the company for such investment company in a written statement holders. taxable year, an exempt-interest dividend is furnished to such shareholder’’, and ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the the excess of— (B) by striking ‘‘NOTICE’’ in the heading aggregate reported amount with respect to ‘‘(I) the reported exempt-interest dividend and inserting ‘‘STATEMENTS’’. the company for any taxable year exceeds amount, over (2) CONFORMING AMENDMENTS.—Subsection the net capital gain of the company for such ‘‘(II) the excess reported amount which is (d) of section 853A is amended— taxable year, a capital gain dividend is the allocable to such reported exempt-interest (A) by striking ‘‘and the notice to share- excess of— dividend amount. holders required by subsection (c)’’ in the ‘‘(I) the reported capital gain dividend ‘‘(iii) ALLOCATION OF EXCESS REPORTED text thereof, and amount, over AMOUNT.— (B) by striking ‘‘AND NOTIFYING SHARE- ‘‘(II) the excess reported amount which is ‘‘(I) IN GENERAL.—Except as provided in HOLDERS’’ in the heading thereof. allocable to such reported capital gain divi- subclause (II), the excess reported amount (if (e) DIVIDEND RECEIVED DEDUCTION, ETC.— dend amount. any) which is allocable to the reported ex- (1) IN GENERAL.—Paragraph (1) of section ‘‘(iii) ALLOCATION OF EXCESS REPORTED empt-interest dividend amount is that por- 854(b) is amended— AMOUNT.— tion of the excess reported amount which (A) by striking ‘‘designated under this sub- ‘‘(I) IN GENERAL.—Except as provided in bears the same ratio to the excess reported paragraph by the regulated investment com- subclause (II), the excess reported amount (if amount as the reported exempt-interest divi- pany’’ in subparagraph (A) and inserting ‘‘re- any) which is allocable to the reported cap- dend amount bears to the aggregate reported ported by the regulated investment company ital gain dividend amount is that portion of amount. as eligible for such deduction in written the excess reported amount which bears the ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR statements furnished to its shareholders’’, same ratio to the excess reported amount as TAXPAYERS.—In the case of any taxable year (B) by striking ‘‘designated by the regu- the reported capital gain dividend amount which does not begin and end in the same lated investment company’’ in subparagraph bears to the aggregate reported amount. calendar year, if the post-December reported (B)(i) and inserting ‘‘reported by the regu- ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR amount equals or exceeds the excess reported lated investment company as qualified divi- TAXPAYERS.—In the case of any taxable year amount for such taxable year, subclause (I) dend income in written statements furnished which does not begin and end in the same shall be applied by substituting ‘post-Decem- to its shareholders’’,

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.088 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7067 (C) by striking ‘‘designated’’ in subpara- taxable year of the company beginning’’ and such Act applies to the amendments made by graph (C)(i) and inserting ‘‘reported’’, and inserting the following: section 302 of such Act. (D) by striking ‘‘designated’’ in subpara- ‘‘(C) SHORT-TERM CAPITAL GAIN DIVIDEND.— SEC. 302. EARNINGS AND PROFITS OF REGU- graph (C)(ii) and inserting ‘‘reported’’. For purposes of this paragraph— LATED INVESTMENT COMPANIES. (2) CONFORMING AMENDMENTS.—Subsection ‘‘(i) IN GENERAL.—Except as provided in (a) IN GENERAL.—Paragraph (1) of section (b) of section 854 is amended by striking clause (ii), the term ‘short-term capital gain 852(c) is amended to read as follows: paragraph (2) and by redesignating para- dividend’ means any dividend, or part there- ‘‘(1) TREATMENT OF NONDEDUCTIBLE ITEMS.— graphs (3), (4), and (5), as paragraphs (2), (3), of, which is reported by the company as a ‘‘(A) NET CAPITAL LOSS.—If a regulated in- and (4), respectively. short-term capital gain dividend in written vestment company has a net capital loss for (f) DIVIDENDS PAID TO CERTAIN FOREIGN statements furnished to its shareholders. any taxable year— PERSONS.— ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the ‘‘(i) such net capital loss shall not be taken (1) INTEREST-RELATED DIVIDENDS.—Sub- aggregate reported amount with respect to into account for purposes of determining the paragraph (C) of section 871(k)(1) is amended the company for any taxable year exceeds company’s earnings and profits, and by striking all that precedes ‘‘any taxable the qualified short-term gain of the company ‘‘(ii) any capital loss arising on the first year of the company beginning’’ and insert- for such taxable year, the term ‘short-term day of the next taxable year by reason of ing the following: capital gain dividend’ means the excess of— clause (ii) or (iii) of section 1212(a)(3)(A) shall ‘‘(C) INTEREST-RELATED DIVIDEND.—For pur- ‘‘(I) the reported short-term capital gain be treated as so arising for purposes of deter- poses of this paragraph— dividend amount, over mining earnings and profits. ‘‘(i) IN GENERAL.—Except as provided in ‘‘(II) the excess reported amount which is ‘‘(B) OTHER NONDEDUCTIBLE ITEMS.— clause (ii), an interest related dividend is allocable to such reported short-term capital ‘‘(i) IN GENERAL.—The earnings and profits any dividend, or part thereof, which is regain dividend amount. of a regulated investment company for any ported by the company as an interest related ‘‘(iii) ALLOCATION OF EXCESS REPORTED taxable year (but not its accumulated earn- dividend in written statements furnished to AMOUNT.— ings and profits) shall not be reduced by any its shareholders. ‘‘(I) IN GENERAL.—Except as provided in amount which is not allowable as a deduc- ‘‘(ii) EXCESS REPORTED AMOUNTS.—If the subclause (II), the excess reported amount (if tion (other than by reason of section 265 or aggregate reported amount with respect to any) which is allocable to the reported short- 171(a)(2)) in computing its taxable income for the company for any taxable year exceeds term capital gain dividend amount is that such taxable year. the qualified net interest income of the com- portion of the excess reported amount which ‘‘(ii) COORDINATION WITH TREATMENT OF NET pany for such taxable year, an interest re- bears the same ratio to the excess reported CAPITAL LOSSES.—Clause (i) shall not apply lated dividend is the excess of— amount as the reported short-term capital to a net capital loss to which subparagraph ‘‘(I) the reported interest related dividend gain dividend amount bears to the aggregate (A) applies.’’. amount, over reported amount. (b) CONFORMING AMENDMENTS.— ‘‘(II) the excess reported amount which is ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR (1) Subsection (c) of section 852 is amended allocable to such reported interest related TAXPAYERS.—In the case of any taxable year by adding at the end the following new para- dividend amount. which does not begin and end in the same graph: ‘‘(iii) ALLOCATION OF EXCESS REPORTED calendar year, if the post-December reported ‘‘(4) REGULATED INVESTMENT COMPANY.— AMOUNT.— amount equals or exceeds the excess reported For purposes of this subsection, the term ‘‘(I) IN GENERAL.—Except as provided in amount for such taxable year, subclause (I) ‘regulated investment company’ includes a subclause (II), the excess reported amount (if shall be applied by substituting ‘post-Decem- domestic corporation which is a regulated any) which is allocable to the reported inter- ber reported amount’ for ‘aggregate reported investment company determined without regard to the requirements of subsection (a).’’. est related dividend amount is that portion amount’ and no excess reported amount shall (2) Paragraphs (1)(A) and (2)(A) of section of the excess reported amount which bears be allocated to any dividend paid on or be- 871(k) are each amended by inserting ‘‘which the same ratio to the excess reported fore December 31 of such taxable year. amount as the reported interest related divi- meets the requirements of section 852(a) for ‘‘(iv) DEFINITIONS.—For purposes of this the taxable year with respect to which the dend amount bears to the aggregate reported subparagraph— amount. dividend is paid’’ before the period at the ‘‘(I) REPORTED SHORT-TERM CAPITAL GAIN ‘‘(II) SPECIAL RULE FOR NONCALENDAR YEAR end. DIVIDEND AMOUNT.—The term ‘reported short- TAXPAYERS.—In the case of any taxable year (c) EFFECTIVE DATE.—The amendments term capital gain dividend amount’ means which does not begin and end in the same made by this section shall apply to taxable the amount reported to its shareholders calendar year, if the post-December reported years beginning after the date of the enact- under clause (i) as a short-term capital gain amount equals or exceeds the excess reported ment of this Act. dividend. amount for such taxable year, subclause (I) SEC. 303. PASS-THRU OF EXEMPT-INTEREST DIVI- ‘‘(II) EXCESS REPORTED AMOUNT.—The term shall be applied by substituting ‘post-Decem- DENDS AND FOREIGN TAX CREDITS ‘excess reported amount’ means the excess of ber reported amount’ for ‘aggregate reported IN FUND OF FUNDS STRUCTURE. the aggregate reported amount over the amount’ and no excess reported amount shall (a) IN GENERAL.—Section 852 is amended by qualified short-term gain of the company for be allocated to any dividend paid on or be- adding at the end the following new sub- the taxable year. section: fore December 31 of such taxable year. ‘‘(III) AGGREGATE REPORTED AMOUNT.—The ‘‘(g) SPECIAL RULES FOR FUND OF FUNDS.— ‘‘(iv) DEFINITIONS.—For purposes of this term ‘aggregate reported amount’ means the ‘‘(1) IN GENERAL.—In the case of a qualified subparagraph— aggregate amount of dividends reported by fund of funds— ‘‘(I) REPORTED INTEREST RELATED DIVIDEND the company under clause (i) as short-term ‘‘(A) such fund shall be qualified to pay ex- AMOUNT.—The term ‘reported interest re- capital gain dividends for the taxable year empt-interest dividends to its shareholders lated dividend amount’ means the amount (including short-term capital gain dividends without regard to whether such fund satis- reported to its shareholders under clause (i) paid after the close of the taxable year de- fies the requirements of the first sentence of as an interest related dividend. scribed in section 855). subsection (b)(5), and ‘‘(II) EXCESS REPORTED AMOUNT.—The term ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— ‘‘(B) such fund may elect the application of ‘excess reported amount’ means the excess of The term ‘post-December reported amount’ section 853 (relating to foreign tax credit al- the aggregate reported amount over the means the aggregate reported amount deter- lowed to shareholders) without regard to the qualified net interest income of the company mined by taking into account only dividends requirement of subsection (a)(1) thereof. for the taxable year. paid after December 31 of the taxable year. ‘‘(2) QUALIFIED FUND OF FUNDS.—For pur- ‘‘(III) AGGREGATE REPORTED AMOUNT.—The ‘‘(v) TERMINATION.—The term ‘short-term poses of this subsection, the term ‘qualified term ‘aggregate reported amount’ means the capital gain dividend’ shall not include any fund of funds’ means a regulated investment aggregate amount of dividends reported by dividend with respect to’’. company if (at the close of each quarter of the company under clause (i) as interest re- (g) CONFORMING AMENDMENTS.—Section 855 the taxable year) at least 50 percent of the lated dividends for the taxable year (includ- is amended— value of its total assets is represented by in- ing interest related dividends paid after the (1) by striking subsection (c) and redesig- terests in other regulated investment compa- close of the taxable year described in section nating subsection (d) as subsection (c), and nies.’’. 855). (2) by striking ‘‘, (c) and (d)’’ in subsection (b) EFFECTIVE DATE.—The amendment ‘‘(IV) POST-DECEMBER REPORTED AMOUNT.— (a) and inserting ‘‘and (c)’’. made by this section shall apply to taxable The term ‘post-December reported amount’ (h) EFFECTIVE DATE.—The amendments years beginning after the date of the enact- means the aggregate reported amount deter- made by this section shall apply to taxable ment of this Act. mined by taking into account only dividends years beginning after the date of the enact- SEC. 304. MODIFICATION OF RULES FOR SPILL- paid after December 31 of the taxable year. ment of this Act. OVER DIVIDENDS OF REGULATED ‘‘(v) TERMINATION.—The term ‘interest re- (i) APPLICATION OF JGTRRA SUNSET.—Sec- INVESTMENT COMPANIES. lated dividend’ shall not include any divi- tion 303 of the Jobs and Growth Tax Relief (a) DEADLINE FOR DECLARATION OF DIVI- dend with respect to’’. Reconciliation Act of 2003 shall apply to the DEND.—Paragraph (1) of section 855(a) is (2) SHORT-TERM CAPITAL GAIN DIVIDENDS.— amendments made by subparagraphs (B) and amended to read as follows: Subparagraph (C) of section 871(k)(2) is (D) of subsection (e)(1) to the same extent ‘‘(1) declares a dividend before the later amended by striking all that precedes ‘‘any and in the same manner as section 303 of of—

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.088 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7068 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(A) the 15th day of the 9th month fol- ‘‘(ii) such redemption is upon the demand (1) Subsection (b) of section 852 is amended lowing the close of the taxable year, or of another regulated investment company.’’. by striking paragraph (10). ‘‘(B) in the case of an extension of time for (c) EFFECTIVE DATE.—The amendments (2) Paragraph (2) of section 852(c) is amend- filing the company’s return for the taxable made by this section shall apply to distribu- ed by striking the first sentence and insert- year, the due date for filing such return tak- tions after the date of the enactment of this ing the following: ‘‘For purposes of applying ing into account such extension, and’’. Act. this chapter to distributions made by a regu- (b) DEADLINE FOR DISTRIBUTION OF DIVI- SEC. 307. REPEAL OF PREFERENTIAL DIVIDEND lated investment company with respect to DEND.—Paragraph (2) of section 855(a) is RULE FOR PUBLICLY OFFERED REG- any calendar year, the earnings and profits amended by striking ‘‘the first regular divi- ULATED INVESTMENT COMPANIES. of such company shall be determined with- dend payment’’ and inserting ‘‘the first divi- (a) IN GENERAL.—Subsection (c) of section out regard to any net capital loss attrib- dend payment of the same type of dividend’’. 562 is amended by striking ‘‘The amount’’ utable to the portion of the taxable year (c) SHORT-TERM CAPITAL GAIN.—Subsection and inserting ‘‘Except in the case of a pub- after October 31 and without regard to any (a) of section 855 is amended by adding at the licly offered regulated investment company late-year ordinary loss (as defined in sub- end the following: ‘‘For purposes of para- (as defined in section 67(c)(2)(B)), the section (b)(8)(D)).’’ graph (2), a dividend attributable to any amount’’. (3) Subparagraph (D) of section 871(k)(2) is short-term capital gain with respect to (b) CONFORMING AMENDMENT.—Section amended by striking the last two sentences which a notice is required under the Invest- 562(c) is amended by inserting ‘‘(other than a and inserting the following: ‘‘For purposes of ment Company Act of 1940 shall be treated as publicly offered regulated investment com- this subparagraph, the net short-term cap- the same type of dividend as a capital gain pany (as so defined))’’ after ‘‘regulated in- ital gain of the regulated investment com- dividend.’’. vestment company’’ in the second sentence (d) EFFECTIVE DATE.—The amendments pany shall be computed by treating any thereof. short-term capital gain dividend includible made by this section shall apply to distribu- (c) EFFECTIVE DATE.—The amendments in gross income with respect to stock of an- tions in taxable years beginning after the made by this section shall apply to distribu- other regulated investment company as a date of the enactment of this Act. tions in taxable years beginning after the short-term capital gain.’’. SEC. 305. RETURN OF CAPITAL DISTRIBUTIONS date of the enactment of this Act. OF REGULATED INVESTMENT COM- (c) EFFECTIVE DATE.—The amendments SEC. 308. ELECTIVE DEFERRAL OF CERTAIN PANIES. made by this section shall apply to taxable LATE-YEAR LOSSES OF REGULATED years beginning after the date of the enact- (a) IN GENERAL.—Subsection (b) of section INVESTMENT COMPANIES. ment of this Act. 316 is amended by adding at the end the fol- (a) IN GENERAL.—Paragraph (8) of section lowing new paragraph: 852(b) is amended to read as follows: SEC. 309. EXCEPTION TO HOLDING PERIOD RE- ERTAIN DISTRIBUTIONS BY REGULATED QUIREMENT FOR CERTAIN REGU- ‘‘(4) C ‘‘(8) ELECTIVE DEFERRAL OF CERTAIN LATE- INVESTMENT COMPANIES IN EXCESS OF EARN- LARLY DECLARED EXEMPT-INTER- YEAR LOSSES.— EST DIVIDENDS. INGS AND PROFITS.—In the case of a regulated ‘‘(A) IN GENERAL.—Except as otherwise pro- (a) IN GENERAL.—Subparagraph (E) of sec- investment company that has a taxable year vided by the Secretary, a regulated invest- other than a calendar year, if the distribution 852(b)(4) is amended by striking all that ment company may elect for any taxable precedes ‘‘In the case of a regulated invest- tions by the company with respect to any year to treat any portion of any qualified class of stock of such company for the tax- ment company’’ and inserting the following: late-year loss for such taxable year as aris- able year exceed the company’s current and ‘‘(E) EXCEPTION TO HOLDING PERIOD RE- ing on the first day of the following taxable accumulated earnings and profits which may QUIREMENT FOR CERTAIN REGULARLY DE- year for purposes of this title. be used for the payment of dividends on such CLARED EXEMPT-INTEREST DIVIDENDS.— ‘‘(B) QUALIFIED LATE-YEAR LOSS.—For pur- class of stock, the company’s current earn- ‘‘(i) DAILY DIVIDEND COMPANIES.—Except as poses of this paragraph, the term ‘qualified ings and profits shall, for purposes of sub- otherwise provided by regulations, subpara- late-year loss’ means— section (a), be allocated first to distributions graph (B) shall not apply with respect to a ‘‘(i) any post-October capital loss, and with respect to such class of stock made dur- regular dividend paid by a regulated invest- ‘‘(ii) any late-year ordinary loss. ing the portion of the taxable year which ment company which declares exempt-inter- ‘‘(C) POST-OCTOBER CAPITAL LOSS.—For pur- precedes January 1.’’. est dividends on a daily basis in an amount poses of this paragraph, the term ‘post-Octo- (b) EFFECTIVE DATE.—The amendment equal to at least 90 percent of its net tax-ex- made by this section shall apply to distribu- ber capital loss’ means the greatest of— empt interest and distributes such dividends tions made in taxable years beginning after ‘‘(i) the net capital loss attributable to the on a monthly or more frequent basis. the date of the enactment of this Act. portion of the taxable year after October 31, ‘‘(ii) AUTHORITY TO SHORTEN REQUIRED SEC. 306. DISTRIBUTIONS IN REDEMPTION OF ‘‘(ii) the net long-term capital loss attrib- HOLDING PERIOD WITH RESPECT TO OTHER COM- STOCK OF A REGULATED INVEST- utable to such portion of the taxable year, or PANIES.—’’. MENT COMPANY. ‘‘(iii) the net short-term capital loss at- (b) CONFORMING AMENDMENT.—Clause (ii) of (a) REDEMPTIONS TREATED AS EXCHANGES.— tributable to such portion of the taxable section 852(b)(4)(E), as amended by sub- (1) IN GENERAL.—Subsection (b) of section year. section (a), is amended by inserting ‘‘(other 302 is amended by redesignating paragraph ‘‘(D) LATE-YEAR ORDINARY LOSS.—For pur- than a company described in clause (i))’’ (5) as paragraph (6) and by inserting after poses of this paragraph, the term ‘late-year after ‘‘regulated investment company’’. paragraph (4) the following new paragraph: ordinary loss’ means the excess (if any) of— (c) EFFECTIVE DATE.—The amendments ‘‘(5) REDEMPTIONS BY CERTAIN REGULATED ‘‘(i) the sum of— made by this section shall apply to losses in- INVESTMENT COMPANIES.—Except to the ex- ‘‘(I) the specified losses (as defined in sec- curred on shares of stock for which the tax- tent provided in regulations prescribed by tion 4982(e)(5)(B)(ii)) attributable to the por- payer’s holding period begins after the date the Secretary, subsection (a) shall apply to tion of the taxable year after October 31, of the enactment of this Act. any distribution in redemption of stock of a plus TITLE IV—MODIFICATIONS RELATED TO publicly offered regulated investment com- ‘‘(II) the ordinary losses not described in EXCISE TAX APPLICABLE TO REGU- pany (within the meaning of section subclause (I) attributable to the portion of LATED INVESTMENT COMPANIES 67(c)(2)(B)) if— the taxable year after December 31, over SEC. 401. EXCISE TAX EXEMPTION FOR CERTAIN ‘‘(A) such redemption is upon the demand ‘‘(ii) the sum of— REGULATED INVESTMENT COMPA- of the stockholder, and ‘‘(I) the specified gains (as defined in sec- NIES OWNED BY TAX EXEMPT ENTI- ‘‘(B) such company issues only stock which tion 4982(e)(5)(B)(i)) attributable to the por- TIES. is redeemable upon the demand of the stock- tion of the taxable year after October 31, (a) IN GENERAL.—Subsection (f) of section holder.’’. plus 4982 is amended— (2) CONFORMING AMENDMENT.—Subsection ‘‘(II) the ordinary income not described in (1) by striking ‘‘either’’ in the matter pre- (a) of section 302 is amended by striking ‘‘or subclause (I) attributable to the portion of ceding paragraph (1), (4)’’ and inserting ‘‘(4), or (5)’’. the taxable year after December 31. (2) by striking ‘‘or’’ at the end of paragraph (b) LOSSES ON REDEMPTIONS NOT DIS- ‘‘(E) SPECIAL RULE FOR COMPANIES DETER- (1), ALLOWED FOR FUND-OF-FUNDS REGULATED IN- MINING REQUIRED CAPITAL GAIN DISTRIBUTIONS (3) by striking the period at the end of VESTMENT COMPANIES.—Paragraph (3) of sec- ON TAXABLE YEAR BASIS.—In the case of a paragraph (2), and tion 267(f) is amended by adding at the end company to which an election under section (4) by inserting after paragraph (2) the fol- the following new subparagraph: 4982(e)(4) applies— lowing new paragraphs: ‘‘(D) REDEMPTIONS BY FUND-OF-FUNDS REGU- ‘‘(i) if such company’s taxable year ends ‘‘(3) any other tax-exempt entity whose LATED INVESTMENT COMPANIES.—Except to with the month of November, the amount of ownership of beneficial interests in the com- the extent provided in regulations prescribed qualified late-year losses (if any) shall be pany would not preclude the application of by the Secretary, subsection (a)(1) shall not computed without regard to any income, section 817(h)(4), or apply to any distribution in redemption of gain, or loss described in subparagraphs (C), ‘‘(4) another regulated investment com- stock of a regulated investment company (D)(i)(I), and (D)(ii)(I), and pany described in this subsection.’’. if— ‘‘(ii) if such company’s taxable year ends (b) EFFECTIVE DATE.—The amendment ‘‘(i) such company issues only stock which with the month of December, subparagraph made by this section shall apply to calendar is redeemable upon the demand of the stock- (A) shall not apply.’’. years beginning after the date of the enact- holder, and (b) CONFORMING AMENDMENTS.— ment of this Act.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.088 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7069 SEC. 402. DEFERRAL OF CERTAIN GAINS AND SEC. 403. DISTRIBUTED AMOUNT FOR EXCISE TAX Massachusetts (Mr. NEAL) and the gen- LOSSES OF REGULATED INVEST- PURPOSES DETERMINED ON BASIS tleman from Michigan (Mr. CAMP) each MENT COMPANIES FOR EXCISE TAX OF TAXES PAID BY REGULATED IN- PURPOSES. VESTMENT COMPANY. will control 20 minutes. (a) IN GENERAL.—Subsection (e) of section (a) IN GENERAL.—Subsection (c) of section The Chair recognizes the gentleman 4982 is amended by striking paragraphs (5) 4982 is amended by adding at the end the fol- from Massachusetts. and (6) and inserting the following new para- lowing new paragraph: GENERAL LEAVE graphs: ‘‘(4) SPECIAL RULE FOR ESTIMATED TAX PAY- Mr. NEAL. Madam Speaker, I ask ‘‘(5) TREATMENT OF SPECIFIED GAINS AND MENTS.— unanimous consent that all Members LOSSES AFTER OCTOBER 31 OF CALENDAR ‘‘(A) IN GENERAL.—In the case of a regu- may have 5 legislative days in which to YEAR.— lated investment company which elects the ‘‘(A) IN GENERAL.—Any specified gain or application of this paragraph for any cal- revise and extend their remarks and to specified loss which (but for this paragraph) endar year— include extraneous material on the bill would be properly taken into account for the ‘‘(i) the distributed amount with respect to under consideration. portion of the calendar year after October 31 such company for such calendar year shall be The SPEAKER pro tempore. Is there shall be treated as arising on January 1 of increased by the amount on which qualified objection to the request of the gen- the following calendar year. estimated tax payments are made by such tleman from Massachusetts? ‘‘(B) SPECIFIED GAINS AND LOSSES.—For company during such calendar year, and There was no objection. purposes of this paragraph— ‘‘(ii) the distributed amount with respect Mr. NEAL. Madam Speaker, I yield ‘‘(i) SPECIFIED GAIN.—The term ‘specified to such company for the following calendar myself such time as I might consume. gain’ means ordinary gain from the sale, ex- year shall be reduced by the amount of such Madam Speaker, more than 100 years change, or other disposition of property (in- increase. ago, the first U.S. mutual fund was cluding the termination of a position with ‘‘(B) QUALIFIED ESTIMATED TAX PAY- started in Boston. Mutual funds have respect to such property). Such term shall MENTS.—For purposes of this paragraph, the include any foreign currency gain attrib- term ‘qualified estimated tax payments’ been a way of life for ‘‘everyman’’ to utable to a section 988 transaction (within means, with respect to any calendar year, invest in the market, with the benefits the meaning of section 988) and any amount payments of estimated tax of a tax described of pooling and diversification. Indeed, includible in gross income under section in paragraph (1)(B) for any taxable year it invites the term ‘‘mutualization.’’ 1296(a)(1). which begins (but does not end) in such cal- Today, more than 50 million house- ‘‘(ii) SPECIFIED LOSS.—The term ‘specified endar year.’’. holds invest through mutual funds loss’ means ordinary loss from the sale, ex- (b) EFFECTIVE DATE.—The amendment with a median household income of change, or other disposition of property (in- made by this section shall apply to calendar $80,000. More than 50 percent of 401(k) cluding the termination of a position with years beginning after the date of the enact- respect to such property). Such term shall ment of this Act. plan assets were invested in mutual include any foreign currency loss attrib- SEC. 404. INCREASE IN REQUIRED DISTRIBUTION funds at the end of 2009. utable to a section 988 transaction (within OF CAPITAL GAIN NET INCOME. H.R. 4337 was introduced last year by the meaning of section 988) and any amount (a) IN GENERAL.—Subparagraph (B) of sec- Mr. RANGEL and me to modernize the allowable as a deduction under section tion 4982(b)(1) is amended by striking ‘‘98 tax laws regarding regulated invest- 1296(a)(2). percent’’ and inserting ‘‘98.2 percent’’. ment companies, better known as ‘‘(C) SPECIAL RULE FOR COMPANIES ELECTING (b) EFFECTIVE DATE.—The amendments mutual funds. A technical explanation made by this section shall apply to calendar TO USE THE TAXABLE YEAR.—In the case of and revenue table for this bill may be any company making an election under para- years beginning after the date of the enactment of this Act. found on the Joint Tax Web site, graph (4), subparagraph (A) shall be applied www.jct.gov. by substituting the last day of the com- TITLE V—OTHER PROVISIONS The tax rules that relate to mutual pany’s taxable year for October 31. SEC. 501. REPEAL OF ASSESSABLE PENALTY ‘‘(6) TREATMENT OF MARK TO MARKET WITH RESPECT TO LIABILITY FOR funds date back more than a half cen- GAIN.— TAX OF REGULATED INVESTMENT tury. Although these rules have been ‘‘(A) IN GENERAL.—For purposes of deter- COMPANIES. updated from time to time, it has been mining a regulated investment company’s (a) IN GENERAL.—Part I of subchapter B of over 20 years since they were last revis- ordinary income, notwithstanding paragraph chapter 68 is amended by striking section ited. The bill before us today would (1)(C), each specified mark to market provi- 6697 (and by striking the item relating to such section in the table of sections of such make several changes to the Tax Code sion shall be applied as if such company’s to address outdated provisions, such as taxable year ended on October 31. In the case part). (b) CONFORMING AMENDMENT.—Section 860 of a company making an election under para- rules that relate to preferential divi- is amended by striking subsection (j). graph (4), the preceding sentence shall be ap- dends and rules that require mutual (c) EFFECTIVE DATE.—The amendments plied by substituting the last day of the com- funds to send separate annual dividend made by this section shall apply to taxable designation notices to shareholders and pany’s taxable year for October 31. years beginning after the date of the enact- ‘‘(B) SPECIFIED MARK TO MARKET PROVI- ment of this Act. rules that prevent mutual funds from SION.—For purposes of this paragraph, the SEC. 502. MODIFICATION OF SALES LOAD BASIS earning income from commodities. term ‘specified mark to market provision’ DEFERRAL RULE FOR REGULATED In June, my subcommittee, the Se- means sections 1256 and 1296 and any other INVESTMENT COMPANIES. lect Revenue Measures Subcommittee, provision of this title (or regulations there- (a) IN GENERAL.—Subparagraph (C) of sec- reviewed this legislation with a panel under) which treats property as disposed of tion 852(f)(1) is amended by striking ‘‘subse- of experts who expressed support for on the last day of the taxable year. quently acquires’’ and inserting ‘‘acquires, ‘‘(7) ELECTIVE DEFERRAL OF CERTAIN ORDI- these changes. during the period beginning on the date of Today, I am pleased to be joined by NARY LOSSES.—Except as provided in regula- the disposition referred to in subparagraph tions prescribed by the Secretary, in the case (B) and ending on January 31 of the calendar my friend, the gentleman from Michi- of a regulated investment company which year following the calendar year that in- gan (Mr. CAMP), in bringing this bill to has a taxable year other than the calendar cludes the date of such disposition,’’. the floor with a few technical changes year— (b) EFFECTIVE DATE.—The amendment and revenue offsets from within the in- ‘‘(A) such company may elect to determine made by this section shall apply to charges dustry. The Ways and Means Com- its ordinary income for the calendar year incurred in taxable years beginning after the mittee has the responsibility to review without regard to any net ordinary loss (de- date of the enactment of this Act. our tax rules from time to time, re- termined without regard to specified gains TITLE VI—PAYGO COMPLIANCE and losses taken into account under para- move the dead wood, and update where SEC. 601. PAYGO COMPLIANCE. necessary. This bill accomplishes that graph (5)) which is attributable to the por- The budgetary effects of this Act, for the tion of such calendar year which is after the purpose of complying with the Statutory to the benefit of investors, taxpayers, beginning of the taxable year which begins Pay-As-You-Go-Act of 2010, shall be deter- and mutual fund companies. I urge its in such calendar year, and mined by reference to the latest statement adoption. ‘‘(B) any amount of net ordinary loss not titled ‘‘Budgetary Effects of PAYGO Legisla- I reserve the balance of my time. taken into account for a calendar year by tion’’ for this Act, submitted for printing in Mr. CAMP. Madam Speaker, I yield reason of subparagraph (A) shall be treated the Congressional Record by the Chairman of myself such time as I may consume. as arising on the 1st day of the following cal- the House Budget Committee, provided that (Mr. CAMP asked and was given per- endar year.’’. such statement has been submitted prior to (b) EFFECTIVE DATE.—The amendments mission to revise and extend his re- the vote on passage. made by this section shall apply to calendar marks.) years beginning after the date of the enact- The SPEAKER pro tempore. Pursu- Mr. CAMP. Madam Speaker, regu- ment of this Act. ant to the rule, the gentleman from lated investment companies, better

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.088 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7070 CONGRESSIONAL RECORD — HOUSE September 28, 2010 known in their most prevalent form as Regulated Investment Company (‘‘RIC’’) gument made on any other piece of leg- mutual funds, are intended to provide Modernization Act (H.R. 4337). On behalf of islation that was being considered individual investors the ability to in- the millions of mutual fund shareholders when, in fact, this is the matter that’s vest easily and with low costs in a di- who would benefit from this bill, we urge all before us at this particular time. House members to vote favorably on this bill I reserve the balance of my time. versified pool of professionally man- when it is considered on the Suspension Cal- aged investments. According to the In- endar. b 1710 vestment Company Institute, ICI, the This bill would modernize the tax laws Mr. CAMP. I have no further requests main trade association for mutual that govern mutual funds. These laws have for time, and I yield back the balance funds, more than 50 million American not been updated in any meaningful or com- of my time. families currently invest in mutual prehensive way since 1986, almost a quarter century ago; some of the provisions in cur- Mr. NEAL. Madam Speaker, I have funds. no further requests for time, I urge Most of the current law mutual fund rent law date back more than 60 years. Nu- merous developments during the past 20-plus adoption of the bill, and I yield back rules were last collectively updated years—including the development of new the balance of my time. more than two decades ago. H.R. 4337 fund structures and distribution channels— The SPEAKER pro tempore. The would modify and update certain tech- have placed considerable stress on the cur- question is on the motion offered by nical tax rules pertaining to mutual rently applicable tax rules. the gentleman from Massachusetts The legislation’s many benefits were dis- funds in order to make them better (Mr. NEAL) that the House suspend the cussed in detail during the bill’s June 2010 conform to, and interact with, other rules and pass the bill, H.R. 4337, as aspects of the Tax Code and applicable hearing before the Committee on Ways and Means Select Revenue Measures Sub- amended. securities laws. The question was taken; and (two- On June 15, 2010, the Ways and Means committee. The three key areas in which the bill would benefit funds and their share- thirds being in the affirmative) the Subcommittee on Select Revenue holders involve: rules were suspended and the bill, as Measures held a hearing on H.R. 4337. improving the efficiency of mutual fund in- amended, was passed. Invited witnesses, including a rep- vestment structures, A motion to reconsider was laid on resentative of ICI, were supportive of reducing disproportionate tax con- the table. sequences for inadvertent errors, and the bill, and we are not aware of any f controversy or opposition to the legis- minimizing the need for amended tax lation. statements and amended tax returns. ALGAE-BASED RENEWABLE FUEL Let me close by making a broader As discussed in detail in our testimony be- PROMOTION ACT OF 2010 fore the Subcommittee, the bill would reduce point. It certainly is appropriate for the burden arising from amended year-end Mr. VAN HOLLEN. Madam Speaker, Ways and Means to periodically review tax information statements, improve a I move to suspend the rules and pass the tax law to ensure that targeted fund’s ability to meet its distribution re- the bill (H.R. 4168) to amend the Inter- provisions of importance to particular quirements, create remedies for inadvertent nal Revenue Code of 1986 to expand the segments of the economy, including mutual find qualification failures, improve definition of cellulosic biofuel to in- the mutual fund industry and their in- the tax treatment of investing in a ‘‘fund-of- clude algae-based biofuel for purposes vestors, are kept up to date; and I cer- funds’’ structure, and update the tax treat- of the cellulosic biofuel producer credit tainly appreciate the majority’s deci- ment of fund capital losses. and the special allowance for cellulosic This bill reflects the sponsors’ conclusion, sion to hold a hearing on this bill be- with which we strongly agree, that it is im- biofuel plant property, as amended. fore bringing it to the floor, because portant to update, clarify, and streamline The Clerk read the title of the bill. our committee works best when it the mutual fund tax rules. By eliminating The text of the bill is as follows: works under regular order. uncertainties and allowing appropriate inno- H.R. 4168 Having said that, I must say that I vations, funds will become more efficient. Be it enacted by the Senate and House of Rep- am deeply disappointed that our com- The ICI supports the pay-fors included in resentatives of the United States of America in mittee seems to have lost sight of its H.R. 4337, which apply to regulated invest- Congress assembled, responsibility to address the single ment companies and fully offset the modest SECTION 1. SHORT TITLE. revenue costs of the legislation. This Act may be cited as the ‘‘Algae-based most significant tax issue facing Amer- Enacting this legislation will allow our Renewable Fuel Promotion Act of 2010’’. icans right now—preventing a massive members to focus on what they do best— SEC. 2. ALGAE TREATED AS A QUALIFIED FEED- $3.8 trillion tax increase at the end of serving their shareholders. STOCK FOR PURPOSES OF THE CEL- this year. These looming tax hikes on We urge your support. LULOSIC BIOFUEL PRODUCER families, seniors, investors, and small Sincerely, CREDIT, ETC. (a) IN GENERAL.—Subclause (I) of section businesses not only threaten every PAUL SCHOTT STEVENS, President and Chief Executive Officer. 40(b)(6)(E)(i) of the Internal Revenue Code of American taxpayer with higher taxes, 1986 is amended to read as follows: but they’re also contributing signifi- I reserve the balance of my time. ‘‘(I) is derived solely from qualified feed- cantly to the uncertainty we see in the Mr. NEAL. Madam Speaker, I yield stocks, and’’. economy as a whole. So while we myself such time as I might consume. (b) QUALIFIED FEEDSTOCK; SPECIAL RULES should continue to work together to Madam Speaker, we held a hearing FOR ALGAE.—Paragraph (6) of section 40(b) of modernize the tax rules governing mu- on this bill. It is well received by the such Code is amended by redesignating sub- investors; it is well received by the mu- paragraphs (F), (G), and (H) as subparagraphs tual funds, we also should be working (H), (I), and (J), respectively, and by insert- together to prevent harmful tax in- tual fund companies, and it certainly ing after subparagraph (E) the following new creases, such as the tax hikes on cap- received no negative commentary in subparagraphs: ital gains and dividends that will dra- the House. Why cannot we just come to ‘‘(F) QUALIFIED FEEDSTOCK.—For purposes matically affect the very same mutual this floor and speak to the issue at of this paragraph, the term ‘qualified feed- fund investors we’re focusing on here hand? stock’ means— today. I worked hard on this piece of legisla- ‘‘(i) any lignocellulosic or hemicellulosic With that, Madam Speaker, I urge tion with Mr. TIBERI for a long period matter that is available on a renewable or of time. This is the legislation that’s in recurring basis, and support for the bill before us. ‘‘(ii) any cultivated algae, cyanobacteria, INVESTMENT COMPANY INSTITUTE, front of this Congress at this particular or lemna. Washington, DC, September 28, 2010. time. It was well met because it was ‘‘(G) SPECIAL RULES FOR ALGAE.—In the Re: ICI Strongly Supports Mutual Fund Mod- fully vetted in the committee with suf- case of fuel which is derived from feedstock ernization Legislation. ficient opportunity for any- and every- described in subparagraph (F)(ii) and which Hon. NANCY PELOSI, one to comment on it. is sold by the taxpayer to another person for Speaker, House of Representatives, This is a product that we should be refining by such other person into a fuel U.S. Capitol, Washington, DC. proud of. For the first time in two dec- which meets the requirements of subpara- Hon. JOHN BOEHNER, ades, we are modernizing issues that graph (E)(i)(II)— Republican Leader, House of Representatives, ‘‘(i) such sale shall be treated as described U.S. Capitol, Washington, DC. relate to the industry that many, if not in subparagraph (C)(i), DEAR SPEAKER PELOSI AND REPUBLICAN millions, of Americans come to depend ‘‘(ii) such fuel shall be treated as meeting LEADER BOEHNER: The Investment Company upon for retirement. I don’t understand the requirements of subparagraph (E)(i)(II) Institute strongly supports the bipartisan why there would be any additional ar- in the hands of such taxpayer, and

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.149 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7071 ‘‘(iii) except as provided in this subpara- The SPEAKER pro tempore. Is there ergy is producing biofuels from algae. graph, such fuel (and any fuel derived from objection to the request of the gen- Algal biofuels have high energy density such fuel) shall not be taken into account tleman from Maryland? and the near-term potential to produce under subparagraph (C) with respect to the There was no objection. more energy in a small footprint than taxpayer or any other person.’’. Mr. VAN HOLLEN. Madam Speaker, earlier generation biofuels. They can (c) ALGAE TREATED AS A QUALIFIED FEED- Americans across the Nation are in- STOCK FOR PURPOSES OF BONUS DEPRECIATION be grown using brackish water not FOR BIOFUEL PLANT PROPERTY.— creasingly interested in the contribu- suitable for human consumption and (1) IN GENERAL.—Subparagraph (A) of section that clean, homegrown fuels can on land not suitable for agriculture. tion 168(l)(2) of such Code is amended by make to our environment, economic And all the algae needs is ample sun- striking ‘‘solely to produce cellulosic development, and energy security. Ad- light and a source of nutrition, like biofuel’’ and inserting ‘‘solely to produce ditionally, I hear from many of my cow manure, to grow and get fat with second generation biofuel (as defined in sec- constituents that they believe Federal oil. tion 40(b)(6)(E)’’. policy should move toward the develop- Although the companies and re- (2) CONFORMING AMENDMENTS.—Subsection ment of biofuels that do not compete (l) of section 168 of such Code is amended— searchers that are now producing algal (A) by striking ‘‘cellulosic biofuel’’ each with food and otherwise operate on a biofuels have intensively experimented place it appears in the text thereof and in- feedstock and technology-neutral with various techniques and algae serting ‘‘second generation biofuel’’, basis. breeds over many years, when it comes (B) by striking paragraph (3) and redesig- Today’s legislation advances those down to it, getting oil out of algae is nating paragraphs (4) through (8) as para- goals by including algae as a qualified pretty simple: You dig a pond, line it, graphs (3) through (7), respectively, feedstock under the existing cellulosic and fill it with water. You fill the pond (C) by striking ‘‘CELLULOSIC’’ in the head- biofuel credit. It is forward-looking with algae, keep them fed. When the ing of such subsection and inserting ‘‘SECOND legislation that recognizes the rapidly algae are good and fat, you squeeze the GENERATION’’, and evolving nature of the advanced (D) by striking ‘‘CELLULOSIC’’ in the head- oil out of the organisms. And depending of paragraph (2) and inserting ‘‘SECOND biofuels industry and the demonstrated ing on your technology, you put it GENERATION’’. potential of biofuels made from algae. right to use or refine it into gasoline, (d) CONFORMING AMENDMENTS.— With that, I yield 5 minutes to my diesel, or jet fuel. Additionally, many (1) Section 40 of such Code, as amended by colleague Congressman HARRY TEAGUE algal biofuels are designed to function subsection (b), is amended— of New Mexico and thank him for his on a drop-in basis, so you can pour (A) by striking ‘‘cellulosic biofuel’’ each extraordinary leadership on this bipar- green crude right into the pipeline or place it appears in the text thereof and in- tisan initiative. tanker truck coming out of the oil serting ‘‘second generation biofuel’’, Mr. TEAGUE. Madam Speaker, I am patch. This means we can replace im- (B) by striking ‘‘CELLULOSIC’’ in the head- an oil man. I always have been and al- ings of subsections (b)(6), (b)(6)(E), and ported oil with homegrown fuel with- (d)(3)(D) and inserting ‘‘SECOND GENERA- ways will be. When I was 9 years old, out costly investments in new refining TION’’, and we moved from Caddo County, Okla- and transportation infrastructure. (C) by striking ‘‘CELLULOSIC’’ in the head- homa, to Hobbs, New Mexico, so my My district of southern New Mexico ings of subsections (b)(6)(C), (b)(6)(D), daddy could get a job in the oil patch. is among the many areas across the (b)(6)(H), (d)(6), and (e)(3) and inserting ‘‘SEC- A few years later, at age 17, with my country primed to become a center for OND GENERATION’’. parents sick and the bills still needing algal biofuel production and job cre- (2) Clause (ii) of section 40(b)(6)(E) of such to get paid, I went to work in the oil ation. Our wide open spaces, ample Code is amended by striking ‘‘Such term fields to earn a paycheck and support shall not’’ and inserting ‘‘The term ‘second sunlight, and brackish water make us generation biofuel’ shall not’’. the family. Eventually, I built a small the perfect place to produce our Na- (3) Paragraph (1) of section 4101(a) of such business from the ground up; and we tion’s next generation of biofuels. We Code is amended by striking ‘‘cellulosic employed 250 people, drilling oil and already have algal biofuel facilities in biofuel’’ and inserting ‘‘second generation gas wells for other people and fixing Dona Ana County and Eddy County. biofuel’’. them when they were broke. Luna County will soon be home to an- (e) EFFECTIVE DATE.— Most every hamburger that I have other facility which will create 700 jobs (1) IN GENERAL.—Except as provided in ever had has come somehow from when it breaks ground this fall. The po- paragraph (2), the amendments made by this American oil and gas. The industry em- tential, though, is so much greater. section shall apply to fuels sold or used after ploys almost 20,000 people in New Mex- the date of the enactment of this Act. Algal biofuels are poised to power (2) APPLICATION TO BONUS DEPRECIATION.— ico. It’s a critical source of wealth, America with homegrown energy on a The amendments made by subsection (c) jobs, energy, and education funding in large scale. shall apply to property placed in service my State; and I’ve been proud to fight However, algal biofuels face an un- after the date of the enactment of this Act. for New Mexico oil and gas in Congress. even playing field within our Nation’s SEC. 3. PAYGO COMPLIANCE. While New Mexico has been success- energy policy framework, most notably The budgetary effects of this Act, for the ful developing its oil and gas resources, in our tax code. Under current law, purpose of complying with the Statutory we have failed to develop the diverse algal biofuels do not qualify for tax in- Pay-As-You-Go-Act of 2010, shall be deter- alternative energy resources that my centives that currently benefit other mined by reference to the latest statement State also possesses in great abun- biofuels, like cellulosic biofuels. titled ‘‘Budgetary Effects of PAYGO Legisla- dance. And, unfortunately for thou- When these tax laws were written, tion’’ for this Act, submitted for printing in sands of New Mexicans looking for cellulosic biofuels and biodiesel were the Congressional Record by the Chairman of work today, we have failed to create the only renewable fuels on the law- the House Budget Committee, provided that such statement has been submitted prior to those alternative energy jobs. makers’ radars and considered capable the vote on passage. Madam Speaker, if we want to create of actually reducing America’s depend- our energy jobs here in America and ence on foreign oil. Since these laws The SPEAKER pro tempore. Pursu- stop sending a billion dollars to coun- were written, however, significant ad- ant to the rule, the gentleman from tries like Saudi Arabia and Venezuela vances in the algae-based fuel industry Maryland (Mr. VAN HOLLEN) and the every day, we need a ‘‘Do it all, do it in have readied algae for prime time. gentleman from Michigan (Mr. CAMP) America’’ energy policy. We need to Now, because algae has many advan- each will control 20 minutes. drill for more oil and natural gas. We tages over cellulosic feedstocks and is The Chair recognizes the gentleman need to build new nuclear facilities. We operating on a near-term commer- from Maryland. need to capture the wind, the sun, and cialization timeline similar to cellu- GENERAL LEAVE the Earth’s geothermal heat for elec- losic fuels, algae-based fuel producers Mr. VAN HOLLEN. Madam Speaker, tricity. We need to produce billions of should receive tax incentives on par I ask unanimous consent that all Mem- gallons of liquid biofuels to burn in with those currently received by cellu- bers have 5 legislative days to revise cars, trucks, and airplane engines, and losic biofuel producers. and extend their remarks and include we need to do it right here in America. H.R. 4168, the Algae-based Renewable any extraneous material in the CON- Madam Speaker, a pillar of a ‘‘Do it Fuel Promotion Act, simply gives algal GRESSIONAL RECORD. all, do it in America’’ approach to en- biofuels tax parity with cellulosic

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.089 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7072 CONGRESSIONAL RECORD — HOUSE September 28, 2010 biofuels. The legislation contains a that these same algae-related benefits, want to thank my colleague from New limitation on the products that will along with many other energy-related Mexico for cosponsoring this with me. qualify for the tax incentives. They tax provisions, were included as a part And I want to congratulate the gentle- must be derived solely from qualifying of Chairman LEVIN’s much broader man’s State of New Mexico because, I feedstocks. Qualifying feedstocks in- green jobs discussion draft which had tell you something, as a Californian, I clude, in addition to cellulosic mate- been expected to be formally consid- am sort of envious. California spent rials, cultivated algae, cyanobacteria, ered by the Ways and Means Com- lots of money on our universities, lots and lemna. Beyond that, the bill does mittee as a package. It’s worth asking of money on our research. We have not distinguish among these feedstocks why only the algae-related provisions some of the best scientists in the with regard to the manner of cultiva- of that broader energy bill merit spe- world. And as the gentleman from New tion, including nutrients or other in- cial consideration in stand-alone legis- Mexico knows, our scientists in San puts used to develop the feedstock and lation, which is quite unusual for tax Diego developed the ability to create the biofuel. It is the intent of this pro- legislation from the committee, while this algae fuel, but, sadly, because of vision to encompass all technologies the other provisions in that broader California’s regulations and the lack of using qualified feedstocks such as bill languish without so much as a reform and its government oversight, algae. committee markup. the scientists in San Diego had to pack up and go to New Mexico to be able to The SPEAKER pro tempore. The b 1720 time of the gentleman has expired. produce this product. And the jobs will If Ways and Means had actually held Mr. VAN HOLLEN. Madam Speaker, be created in New Mexico in the pro- a mark-up on these algae-related provi- I yield the gentleman another 2 min- duction because California hasn’t re- sions, Members could have fully ex- utes. formed its government regulatory plored whether it is advisable to ex- Mr. TEAGUE. Bottom line, tax par- oversight. pand the cellulosic biofuel producer ity will help algal biofuel producers at- And I think that is a challenge for all credit, a credit that has proved contract needed capital to produce energy of us to look at that, hopefully, as the troversial over the past several years. Federal Government will set an exam- right here at home and create hundreds Indeed, Members of both parties sup- of thousands of jobs for new energy in ple that jobs aren’t being taken over- ported efforts to close a major poten- seas, because we are quick to write New Mexico and across this great coun- tial loophole in that credit that could try. checks and maybe do research, but we have permitted ‘‘black liquor,’’ an al- are not quick at making the private Madam Speaker, when Americans go ternative fuel created as a byproduct of to the pump to fill up their tanks sector viable to be able to create the the paper-making process to qualify. jobs that all of us know the American today, they are sending 70 cents of Given such recent, high-profile alarm every dollar to other countries, many people are desperate for. about potential abuse of the cellulosic You know, the algae-based fuel is one of which don’t like us very much, and biofuel producer credit, one would of the most promising fuels, Madam are creating jobs in places like Saudi think that efforts to further expand Speaker, when we talk about the next Arabia and Venezuela. I don’t want the credit would be pursued only after generation, second or third generation Americans to be creating jobs for the consideration and a formal Ways and biofuels. We all know, any reasonable supporters of Hugo Chavez when they Means Committee mark-up under reg- person knows, that the mandates of use energy. We should be creating en- ular order. I think we do the best work adding renewable fuels in our fuel ergy jobs right here at home, employ- when we proceed under regular order. stream, the mandate that you cannot ing American workers to produce the But, instead, these provisions have sell legally gasoline in the United energy our economy and military been rushed directly to the floor. States unless it has a 10 or 8 percent by needs. But what is most disturbing about volume content of renewable fuels, Passing this bill today is a step to- the tax debate we are having here that mandate never, ever meant to ward a ‘‘Do it all, do it in America’’ en- today is what we are not debating. leave us with first generation renew- ergy policy. We can create American Rather than using this last week of able fuels. We all knew that first gen- jobs and make our country more secure session prior to the election to prevent eration was a necessity, something we by producing our energy right here at a massive $3.8 trillion tax increase had to get through, something that was home. This is a commonsense bipar- from taking effect at the end of the expensive, maybe not as environ- tisan bill that will create jobs and year, the majority’s tax agenda for this mentally friendly as we like, but a move America toward energy independ- final week, instead centers on a bill transition we hoped would come even- ence. that provides tax benefits for algae. tually. I would like to thank Chairman And let me repeat: instead of pro- Algae fuel has the capability of build- LEVIN, Ranking Member CAMP, and tecting American families, seniors and ing that bridge to the future to lead members of the Ways and Means Com- investors and small businesses from a the first generation renewables behind mittee for their support. job-killing, $3.8 trillion tax hike, we and move forward. The fact is that Mr. CAMP. Madam Speaker, I yield are here debating tax benefits for algae fuel is not only highly effective; myself such time as I may consume. algae. algae fuel equals the fossil fuel one-to- (Mr. CAMP asked and was given per- Madam Speaker, governing is about one in energy capabilities. mission to revise and extend his re- setting priorities, and the majority’s The fact is that algae fuel, as it gets marks.) tax agenda for the week shows just how developed, is capable of not just driv- Mr. CAMP. Madam Speaker, this bill out of line the majority’s priorities are ing our cars, but flying our airplanes, seeks to expand the eligibility for cer- with those of the American people. of actually replacing diesel. Algae fuel tain current law tax benefits to algae- Madam Speaker, I yield such time as has the capability of total compat- based fuels. Specifically, it would make he may consume to the gentleman ibility with the existing infrastructure. algae or algae plant property eligible from California (Mr. BILBRAY). Unlike other fuels, you do not have to for both the cellulosic biofuel producer Mr. BILBRAY. I thank the ranking ship algae fuel by truck from one loca- credit and for 50 percent bonus depre- member. I appreciate the fact of this tion to the other, thus creating a whole ciation. bill being brought forward. new group of environmental and air Regardless of whether Members be- Madam Speaker, I know there is very pollution problems. You can transport lieve these enhanced tax benefits for little being brought forward, but at it within the pipe systems that exist algae are appropriate, I think it’s im- least we have something to discuss today. You can refine it in the refin- portant to make a few observations today. And I have to agree with my eries that exist today. about this bill, about the process under colleague that we wish the general tax Algae fuel has the capability of being which we are considering it, and about cut, something that we hear all 1, 2 percent, or 90 percent of the fuel the majority’s decision to make this around, the American people want us stream within the existing infrastruc- the centerpiece of its tax agenda dur- to talk about. ture. It is totally compatible to be ing this, the final week of session. With But this is an item that hasn’t been phased in, a huge benefit that does not respect to the bill itself, I would note talked about enough anywhere. And I exist with the first generation.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.153 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7073 Algae fuel has the ability to consume pects of the bill made it a good can- The text of the Senate amendment is and sequester massive amounts of CO2, didate for coming forward. as follows: something that other fuels do not have Secondly, given the other comments Senate amendment: the capability of doing along the line made by the gentleman with respect to Strike out all after the enacting clause and at the capability that they have here. the importance of moving forward on insert: And the drop-in capability and the ca- tax relief for small businesses and oth- SECTION 1. SHORT TITLE. pability is something we do not talk ers around the country, I would just re- This Act may be cited as the ‘‘Redundancy enough about. mind the gentleman that just last Elimination and Enhanced Performance for Pre- paredness Grants Act’’. Algae fuels have been tested. We have Thursday, on the floor of this House, SEC. 2. IDENTIFICATION OF REPORTING had one aircraft that flew with algae we had a vote on a bill for small busi- REDUNDANCIES AND DEVELOPMENT fuel and not only was compatible, but ness lending to make sure that we in- OF PERFORMANCE METRICS FOR was 4 percent more efficient than fossil creased credit to struggling small busi- HOMELAND SECURITY PREPARED- fuels of comparable weight and volume. nesses around the country to make NESS GRANT PROGRAMS. And the fact is, Madam Speaker, that (a) IN GENERAL.—Title XX of the Homeland sure that they could make payroll, to Security Act of 2002 (6 U.S.C. 601 et seq.) is we have the ability now to even the make sure that they could take on the amended by adding at the end the following: playing field when it comes to taxes. costs that they needed to expand. And ‘‘SEC. 2023. IDENTIFICATION OF REPORTING Why should Washington continue to part of that bill also contained signifi- REDUNDANCIES AND DEVELOPMENT choose winners and have alternatives cant tax relief for small businesses. OF PERFORMANCE METRICS. that should be allowed to win ham- And it was ironic that many of our ‘‘(a) DEFINITION.—In this section, the term strung and punished because they Republican colleagues were off-site at ‘covered grants’ means grants awarded under weren’t here with their lobbyists years section 2003, grants awarded under section 2004, a small business venture, and then and any other grants specified by the Adminis- ago when these laws were passed? came back to the Hill to vote against trator. This bill helps to correct the mis- that bill, a bill that the Republican ‘‘(b) INITIAL REPORT.—Not later than 90 days takes made in the past in our tax laws Senator, retiring Republican Senator after the date of enactment of the Redundancy where Washington was choosing some from Ohio, Senator VOINOVICH said was Elimination and Enhanced Performance for Pre- to be winners and cutting out other important to small businesses, and has paredness Grants Act, the Administrator shall people from participating in the sys- said it is time to put aside politics and submit to the appropriate committees of Con- tem. We should allow winners to earn gress a report that includes— get this done. ‘‘(1) an assessment of redundant reporting re- the right to be called winners and not b 1730 quirements imposed by the Administrator on be anointed by Washington or the leg- State, local, and tribal governments in connec- islators here in Washington. We should I am very pleased that the result of tion with the awarding of grants, including— allow the technology and the products the action taken in this House and the ‘‘(A) a list of each discrete item of data re- to compete on an open market, but Senate was the President signed that quested by the Administrator from grant recipi- equal tax benefits for everyone to be bill yesterday so that small businesses ents as part of the process of administering cov- able to prove that America allows peo- can have access to credit and small ered grants; ‘‘(B) identification of the items of data from ple to be innovative, to be creative, and businesses will get the tax relief they need. the list described in subparagraph (A) that are we will not punish them just because required to be submitted by grant recipients on they went down one technological road We look forward in this body to being multiple occasions or to multiple systems; and rather than the other. able to move on to make sure that mid- ‘‘(C) identification of the items of data from Our Tax Code should be equal. It dle class taxpayers, 98 percent of the the list described in subparagraph (A) that are should be neutral, and it should be out- American people, can get tax relief not necessary to be collected in order for the Ad- come-based, not profit-based and, most without being held hostage to the de- ministrator to effectively and efficiently admin- importantly, not Washington lobbying- mand of the Senate Republican leader ister the programs under which covered grants that we also provide budget-busting are awarded; based. This bill now equalizes that to ‘‘(2) a plan, including a specific timetable, for some degree; and that degree, I think is tax breaks to the folks at the very top, eliminating any redundant and unnecessary re- appropriate at this time. adding $700 billion to the deficit over porting requirements identified under paragraph So it may not be doing everything we the next 10 years, which is fiscally (1); and would like to do this week. It is not reckless and which, in the long term, ‘‘(3) a plan, including a specific timetable, for going to accomplish what I know we all will crimp economic and job growth. promptly developing a set of quantifiable per- know the American people want us to Madam Speaker, I yield back the bal- formance measures and metrics to assess the ef- get accomplished before January 1 of ance of my time. fectiveness of the programs under which covered The SPEAKER pro tempore. The grants are awarded. 2011, but it does take a step in the right ‘‘(c) BIENNIAL REPORTS.—Not later than 1 direction, helps to correct the mistake. question is on the motion offered by year after the date on which the initial report is And yes, Congressman, I will go back the gentleman from Maryland (Mr. VAN required to be submitted under subsection (b), to talk to Arnold Schwarzenegger and HOLLEN) that the House suspend the and once every 2 years thereafter, the Adminis- say, damn it, we have got to change rules and pass the bill, H.R. 4168, as trator shall submit to the appropriate commit- our regulation so we can produce this amended. tees of Congress a grants management report algae in California so you don’t get all The question was taken; and (two- that includes— the jobs from this great technology thirds being in the affirmative) the ‘‘(1) the status of efforts to eliminate redundant and unnecessary reporting requirements breakthrough. rules were suspended and the bill, as imposed on grant recipients, including— Mr. CAMP. I yield back the balance amended, was passed. ‘‘(A) progress made in implementing the plan of my time. A motion to reconsider was laid on required under subsection (b)(2); Mr. VAN HOLLEN. Madam Speaker, the table. ‘‘(B) a reassessment of the reporting require- again, I want to thank the gentleman f ments to identify and eliminate redundant and from New Mexico (Mr. TEAGUE) for this unnecessary requirements; initiative and just respond to a couple REDUNDANCY ELIMINATION AND ‘‘(2) the status of efforts to develop quantifi- ENHANCED PERFORMANCE FOR able performance measures and metrics to assess of the points raised by Mr. CAMP, the PREPAREDNESS GRANTS ACT the effectiveness of the programs under which ranking member of the Ways and the covered grants are awarded, including— Means Committee. Mr. CUELLAR. Madam Speaker, I ‘‘(A) progress made in implementing the plan First, this piece of the energy bill move to suspend the rules and concur required under subsection (b)(3); was brought to the floor for two rea- in the Senate amendment to the bill ‘‘(B) progress made in developing and imple- sons. Number one, it has strong bipar- (H.R. 3980) to provide for identifying menting additional performance metrics and tisan support, as you heard. In addition and eliminating redundant reporting measures for grants, including as part of the comprehensive assessment system required under to Mr. BILBRAY, Mrs. BONO MACK and requirements and developing meaning- section 649 of the Post-Katrina Emergency Man- Mr. DREIER are cosponsors of the legis- ful performance metrics for homeland agement Reform Act of 2006 (6 U.S.C. 749); and lation. security preparedness grants, and for ‘‘(3) a performance assessment of each pro- And, secondly, this piece has no cost other purposes. gram under which the covered grants are associated with it. And so those two as- The Clerk read the title of the bill. awarded, including—

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 6333 E:\CR\FM\K28SE7.155 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7074 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(A) a description of the objectives and goals billion in grant funding provided annu- formed of FEMA’s progress in effec- of the program; ally by the Federal Emergency Man- tively administering these grants and ‘‘(B) an assessment of the extent to which the agement Agency. addressing any deficiencies that may objectives and goals described in subparagraph I want to thank Chairman THOMPSON exist. (A) have been met, based on the quantifiable and Ranking Member KING of the com- performance measures and metrics required I urge my colleagues to support this under this section, section 2022(a)(4), and sec- mittee, as well as Congresswoman bill, and I congratulate my good friend tion 649 of the Post-Katrina Emergency Man- RICHARDSON and Congressman ROGERS and colleague from Texas for the bill. agement Reform Act of 2006 (6 U.S.C. 749); from Alabama, the chairman and the I yield back the balance of my time. ‘‘(C) recommendations for any program modi- ranking member of the Subcommittee Mr. CUELLAR. Mr. Speaker, I yield fications to improve the effectiveness of the pro- on Emergency Communications, Pre- myself such time as I may consume. gram, to address changed or emerging condi- paredness, and Response, as well as my This Senate amendment is an amend- tions; and good friend, Senator JOE LIEBERMAN, ment that just adds accountability to ‘‘(D) an assessment of the experience of recipi- for the support in moving this bill, plus the grant dollars, and I think it is im- ents of covered grants, including the availability portant, just as the gentleman from of clear and accurate information, the timeliness the staff who has worked very hard. of reviews and awards, and the provision of This bill passed unanimously, and I Georgia. And I certainly want to thank technical assistance, and recommendations for ask that we concur with the Senate my friend from Georgia, because we un- improving that experience. amendment to H.R. 3980 that builds derstand, just as Mr. ROGERS, also, that ‘‘(d) GRANTS PROGRAM MEASUREMENT upon this legislation by directing we have got to make sure that we pro- STUDY.— FEMA to work with the National Acad- vide accountability. We are talking ‘‘(1) IN GENERAL.—Not later than 30 days after emy of Public Administration to for- about $4 billion a year. We just have the enactment of Redundancy Elimination and mulate performance measures for the got to have accountability. Enhanced Performance for Preparedness Grants I urge all my colleagues to support Act, the Administrator shall enter into a con- grant programs. tract with the National Academy of Public Ad- This bill plus the amendment simply this measure. ministration under which the National Academy calls for greater accountability that we Mr. THOMPSON of Mississippi. Mr. Speak- of Public Administration shall assist the Admin- are able to measure and that we are er, I rise in strong support of the Senate istrator in studying, developing, and imple- able to see that we have results. Amendment to H.R. 3980, the Redundancy menting— So I ask my colleagues to support Elimination and Enhanced Performance for ‘‘(A) quantifiable performance measures and this Senate amendment to H.R. 3980 Preparedness Grants Act. metrics to assess the effectiveness of grants ad- and pass this piece of legislation. I would like to thank Representative ministered by the Department, as required under I reserve the balance of my time. CUELLAR for introducing this legislation and my this section and section 649 of the Post-Katrina Mr. BROUN of Georgia. Mr. Speaker, colleagues on the Committee on Homeland Emergency Management Reform Act of 2006 (6 I yield myself such time as I may con- U.S.C. 749); and Security for helping to make this a truly bi-par- ‘‘(B) the plan required under subsection sume. tisan effort. (b)(3). I rise today in strong support of H.R. For years, FEMA has struggled to establish ‘‘(2) REPORT.—Not later than 1 year after the 3980 as amended by the Senate. This a system for determining the effectiveness of date on which the contract described in para- bill was passed by the House on Decem- the billions of dollars it gives to State, local, graph (1) is awarded, the Administrator shall ber 2, 2009, by a vote of 414–0. On Sep- and tribal governments to help them prepare submit to the appropriate committees of Con- tember 22, 2010, the bill passed the Sen- for natural disasters, acts of terrorism and gress a report that describes the findings and ate, with an amendment, by unanimous other man-made disasters. recommendations of the study conducted under consent. Such a system is essential to ensure that paragraph (1). H.R. 3980 requires the Federal Emer- the taxpayers’ money is being used wisely and ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— gency Management Agency, FEMA, to There are authorized to be appropriated to the effectively. Administrator such sums as may be necessary to identify and eliminate any redundant The Senate Amendment to H.R. 3980 would carry out this subsection.’’. requirements that place an undue bur- address this problem by requiring the FEMA (b) TECHNICAL AND CONFORMING AMEND- den on State and local governments to Administrator to submit a plan to Congress for MENT.—The table of contents in section 1(b) of receive grant funds under the State developing performance measures for its pre- the Homeland Security Act of 2002 (6 U.S.C. 101 Homeland Security Grant Program, paredness grants and streamlining the grant et seq.) is amended by adding at the end the fol- the Urban Area Security Initiative, process by eliminating duplicative reporting re- lowing: and other programs as determined by quirements for grant recipients. ‘‘Sec. 2023. Identification of reporting the FEMA administrator. This bill will In October of 2009, the House Committee redundancies and development of help address the issue of grant recipi- performance metrics.’’. on Homeland Security’s Subcommittee on ents oftentimes having to report simi- Emergency Communications, Preparedness The SPEAKER pro tempore. Pursu- lar information under numerous grant and Response, then chaired by Mr. CUELLAR ant to the rule, the gentleman from programs. of Texas, held an oversight hearing into Texas (Mr. CUELLAR) and the gen- In addition, H.R. 3980 builds on the whether FEMA had a plan in place for per- tleman from Georgia (Mr. BROUN) each requirements in the Post-Katrina formance measures for the approximately $29 will control 20 minutes. Emergency Management Reform Act of billion in homeland security grants it had pro- The Chair recognizes the gentleman 2006 and the 9/11 Act of 2007 by requir- vided the nation. from Texas. ing FEMA to develop and implement At that hearing, it became evident that GENERAL LEAVE performance measures for these vital FEMA had not yet developed an effective sys- Mr. CUELLAR. Madam Speaker, I programs and to report to Congress tem for measuring the effectiveness of its ask unanimous consent that all Mem- every 2 years on the status of these ef- grants and that in administering them, it un- bers may have 5 legislative days in forts. necessarily burdened State, local, and tribal which to revise and extend their re- The Post-Katrina Reform Act and governments by requiring grant recipients to marks and insert extraneous materials the 9/11 Act both required FEMA to de- submit duplicative information. on the bill under consideration. velop metrics to identify and close On November 2, 2009, Mr. CUELLAR trans- The SPEAKER pro tempore. Is there gaps in preparedness. Unfortunately, lated the Committee’s oversight findings into objection to the request of the gen- several years later, FEMA continues to legislation—H.R. 3980. tleman from Texas? struggle with integrating these re- Under this bill, FEMA is required to work There was no objection. quirements to produce meaningful re- with State, local, tribal and territorial stake- Mr. CUELLAR. I rise in support of sults. holders to develop a plan to: the motion to concur in the Senate This bill also calls on FEMA to con- Streamline homeland security grant report- amendment to H.R. 3980, and I yield duct an overall assessment of the State ing requirements, rules and regulations to myself such time as I may consume. Homeland Security Grant Program, eliminate redundant reporting; Madam Speaker, I introduced H.R. the Urban Area Security Initiatives, Develop a strategy that includes a set 3980, the Redundancy Elimination En- and other grants specified by the ad- timeline to provide much needed performance hanced Performance for Preparedness ministrator. metrics for grant programs and ensure that the Grants Act, because I believe that we Together, these requirements will funds are going to the areas where they will need greater accountability for the $4 help ensure that Congress is kept in- be the most beneficial; and

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.083 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7075 Require an inventory of each homeland seas the ‘‘9/11 Commission’’) concluded that secu- ‘‘(1) designate the initial Classified Informa- curity grant program that incorporates the pur- rity requirements nurture over-classification tion Advisory Officer; and pose, objectives and performance goals of and excessive compartmentation of information ‘‘(2) submit to the Committee on Homeland Se- among agencies. curity and Governmental Affairs of the Senate each program. (2) The 9/11 Commission and others have ob- and the Committee on Homeland Security of the The Redundancy Elimination and Enhanced served that the over-classification of informa- House of Representatives a written notification Performance for Preparedness Grants Act tion interferes with accurate, actionable, and of the designation.’’. would require FEMA to provide the Committee timely information sharing, increases the cost of (b) CLERICAL AMENDMENT.—The table of con- on Homeland Security with the plan required information security, and needlessly limits tents in section 1(b) of the Homeland Security by the bill not later than 90 days after enact- stakeholder and public access to information. Act of 2002 (6 U.S.C. 101 et seq.) is amended by ment of the bill. (3) Over-classification of information causes inserting after the item relating to section 210E This bill would also require biannual updates considerable confusion regarding what informa- the following: to maintain a careful and watchful eye on tion may be shared with whom, and negatively ‘‘Sec. 210F. Classified Information Advisory Of- affects the dissemination of information within ficer.’’. redundancies in the law that might hamper or the Federal Government and with State, local, confuse grant recipients. SEC. 5. INTELLIGENCE INFORMATION SHARING. and tribal entities, and with the private sector. (a) DEVELOPMENT OF GUIDANCE FOR INTEL- The House unanimously passed H.R. 3980 (4) Over-classification of information is anti- LIGENCE PRODUCTS.—Paragraph (1) of section on Dec. 2, 2009, and the Senate passed an thetical to the creation and operation of the in- 102A(g) of the National Security Act of 1947 (50 amendment in the nature of a substitute for formation sharing environment established U.S.C. 403–1(g)) is amended— H.R. 3980 on September 22, 2010. under section 1016 of the Intelligence Reform (1) in subparagraph (E), by striking ‘‘and’’ at The Senate improved upon the House- and Terrorism Prevention Act of 2004 (6 U.S.C. the end; passed bill by requiring FEMA to task the Na- 485). (2) in subparagraph (F), by striking the period tional Academy of Public Administration, (5) Federal departments or agencies author- at the end and inserting a semicolon and ized to make original classification decisions or ‘‘and’’; and NAPA, to study, develop and recommend per- that perform derivative classification of infor- (3) by adding at the end the following: formance measures for grants the Department mation are responsible for developing, imple- ‘‘(G) in accordance with Executive Order No. of Homeland Security administers. menting, and administering policies, procedures, 13526 (75 Fed. Reg. 707; relating to classified na- As you know, Mr. Speaker, NAPA is a con- and programs that promote compliance with ap- tional security information) (or any subsequent gressionally-chartered nonprofit organization plicable laws, executive orders, and other au- corresponding executive order), and part 2001 of that has extensive experience working on per- thorities pertaining to the proper use of classi- title 32, Code of Federal Regulations (or any formance measurement and they will provide fication markings and the policies of the Na- subsequent corresponding regulation), estab- valuable expertise to FEMA. tional Archives and Records Administration. lish— SEC. 3. DEFINITIONS. ‘‘(i) guidance to standardize, in appropriate Mr. Speaker, this bill will ensure that FEMA cases, the formats for classified and unclassified takes steps to determine the Nation’s overall In this Act: (1) DERIVATIVE CLASSIFICATION AND ORIGINAL intelligence products created by elements of the preparedness and how homeland security CLASSIFICATION.—The terms ‘‘derivative classi- intelligence community for purposes of pro- grants have built the necessary capabilities to fication’’ and ‘‘original classification’’ have the moting the sharing of intelligence products; and prepare for, protect against, and respond to an meanings given those terms in Executive Order ‘‘(ii) policies and procedures requiring the in- act of terrorism and other threats. No. 13526. creased use, in appropriate cases, and including I urge all my colleagues to support the Sen- (2) EXECUTIVE AGENCY.—The term ‘‘Executive portion markings, of the classification of porate Amendment to H.R. 3980. agency’’ has the meaning given that term in sections of information within one intelligence Mr. CUELLAR. I yield back the bal- tion 105 of title 5, United States Code. product.’’. (3) EXECUTIVE ORDER NO. 13526.—The term (b) CREATION OF UNCLASSIFIED INTELLIGENCE ance of my time. PRODUCTS AS APPROPRIATE FOR STATE, LOCAL, The SPEAKER pro tempore (Mr. ‘‘Executive Order No. 13526’’ means Executive Order No. 13526 (75 Fed. Reg. 707; relating to TRIBAL, AND PRIVATE SECTOR STAKEHOLDERS.— MORAN of Virginia). The question is on classified national security information) or any (1) RESPONSIBILITIES OF SECRETARY RELATING the motion offered by the gentleman subsequent corresponding executive order. TO INTELLIGENCE AND ANALYSIS AND INFRASTRUC- from Texas (Mr. CUELLAR) that the TURE PROTECTION.—Paragraph (3) of section SEC. 4. CLASSIFIED INFORMATION ADVISORY OF- 201(d) of the Homeland Security Act of 2002 (6 House suspend the rules and concur in FICER. U.S.C. 121(d)) is amended to read as follows: the Senate amendment to the bill, H.R. (a) IN GENERAL.—Subtitle A of title II of the ‘‘(3) To integrate relevant information, anal- Homeland Security Act of 2002 (6 U.S.C. 121 et 3980. ysis, and vulnerability assessments (regardless seq.) is amended by adding at the end the fol- The question was taken; and (two- of whether such information, analysis or assess- lowing: thirds being in the affirmative) the ments are provided by or produced by the De- rules were suspended and the Senate ‘‘SEC. 210F. CLASSIFIED INFORMATION ADVISORY partment) in order to— amendment was concurred in. OFFICER. ‘‘(A) identify priorities for protective and sup- A motion to reconsider was laid on ‘‘(a) REQUIREMENT TO ESTABLISH.—The Sec- port measures regarding terrorist and other retary shall identify and designate within the the table. threats to homeland security by the Department, Department a Classified Information Advisory other agencies of the Federal Government, f Officer, as described in this section. State, and local government agencies and au- REDUCING OVER-CLASSIFICATION ‘‘(b) RESPONSIBILITIES.—The responsibilities of thorities, the private sector, and other entities; the Classified Information Advisory Officer ACT and shall be as follows: ‘‘(B) prepare finished intelligence and infor- Ms. HARMAN. Mr. Speaker, I move ‘‘(1) To develop and disseminate educational mation products in both classified and unclassi- to suspend the rules and concur in the materials and to develop and administer train- fied formats, as appropriate, whenever reason- Senate amendment to the bill (H.R. ing programs to assist State, local, and tribal ably expected to be of benefit to a State, local, 553) to require the Secretary of Home- governments (including State, local, and tribal or tribal government (including a State, local, or law enforcement agencies) and private sector tribal law enforcement agency) or a private sec- land Security to develop a strategy to entities— prevent the over-classification of tor entity.’’. ‘‘(A) in developing plans and policies to re- (2) ITACG DETAIL.—Section 210D(d) of the homeland security and other informa- spond to requests related to classified informa- Homeland Security Act of 2002 (6 U.S.C. 124k(d)) tion and to promote the sharing of un- tion without communicating such information to is amended— classified homeland security and other individuals who lack appropriate security clear- (A) in paragraph (5)— information, and for other purposes. ances; (i) in subparagraph (D), by striking ‘‘and’’ at The Clerk read the title of the bill. ‘‘(B) regarding the appropriate procedures for the end; The text of the Senate amendment is challenging classification designations of infor- (ii) by redesignating subparagraph (E) as sub- as follows: mation received by personnel of such entities; paragraph (F); and and (iii) by inserting after subparagraph (D) the Senate amendment: ‘‘(C) on the means by which such personnel following: In lieu of the matter proposed to be in- may apply for security clearances. ‘‘(E) make recommendations, as appropriate, serted, insert the following: ‘‘(2) To inform the Under Secretary for Intel- to the Secretary or the Secretary’s designee, for SECTION 1. SHORT TITLE. ligence and Analysis on policies and procedures the further dissemination of intelligence prod- This Act may be cited as the ‘‘Reducing Over- that could facilitate the sharing of classified in- ucts that could likely inform or improve the se- Classification Act’’. formation with such personnel, as appropriate. curity of a State, local, or tribal government, SEC. 2. FINDINGS. ‘‘(c) INITIAL DESIGNATION.—Not later than 90 (including a State, local, or tribal law enforce- Congress finds the following: days after the date of the enactment of the Re- ment agency) or a private sector entity; and’’; (1) The National Commission on Terrorist At- ducing Over-Classification Act, the Secretary (B) in paragraph (6)(C), by striking ‘‘and’’ at tacks Upon the United States (commonly known shall— the end;

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For those who think nothing can ‘‘(8) compile an annual assessment of the (C) COORDINATION.—The inspectors general happen in this very polarized year and ITACG Detail’s performance, including sum- who are required to carry out evaluations under maries of customer feedback, in preparing, dis- paragraph (1) shall coordinate with each other toxic political environment, listen up. seminating, and requesting the dissemination of and with the Information Security Oversight Congress is about to pass and send to intelligence products intended for State, local Office to ensure that evaluations follow a con- the President H.R. 553, the Reducing and tribal government (including State, local, sistent methodology, as appropriate, that allows Overclassification Act. and tribal law enforcement agencies) and pri- for cross-agency comparisons. It has taken 3 long years to get to vate sector entities; and (4) APPROPRIATE ENTITIES DEFINED.—In this this point. After scores of hearings, the ‘‘(9) provide the assessment developed pursu- subsection, the term ‘‘appropriate entities’’ bill passed the House twice. The bill ant to paragraph (8) to the program manager means— was amended by the Senate and finally for use in the annual reports required by sub- (A) the Committee on Homeland Security and passed that body yesterday. section (c)(2).’’. Governmental Affairs and the Select Committee H.R. 553 curbs overclassification, the (c) INTERAGENCY THREAT ASSESSMENT AND CO- on Intelligence of the Senate; ORDINATION GROUP ANNUAL REPORT MODIFICA- (B) the Committee on Homeland Security, the practice of stamping intelligence ‘‘se- TION.—Subsection (c) of section 210D of the Committee on Oversight and Government Re- cret’’ for the wrong reasons, often to Homeland Security Act of 2002 (6 U.S.C. 124k) is form, and the Permanent Select Committee on protect turf or avoid embarrassment. amended— Intelligence of the House of Representatives; Overclassification prevents the sharing (1) in the matter preceding paragraph (1), by (C) any other committee of Congress with ju- of accurate, actionable, and timely in- striking ‘‘, in consultation with the Information risdiction over a department or agency referred formation horizontally across the gov- Sharing Council,’’; to in paragraph (1); ernment and vertically with State and (2) in paragraph (1), by striking ‘‘and’’ at the (D) the head of a department or agency re- end; ferred to in paragraph (1); and local law enforcement. This is a prob- (3) in paragraph (2), by striking the period at (E) the Director of the Information Security lem now rampant throughout the intel- the end and inserting a semicolon and ‘‘and’’; Oversight Office. ligence community and one identified and SEC. 7. CLASSIFICATION TRAINING PROGRAM. by the 9/11 Commission as a major ob- (4) by adding at the end the following: (a) IN GENERAL.—The head of each Executive stacle in preventing future terror at- ‘‘(3) in each report required by paragraph (2) agency, in accordance with Executive Order tacks. submitted after the date of the enactment of the 13526, shall require annual training for each em- To change the culture from ‘‘need to Reducing Over-Classification Act, include an ployee who has original classification authority. know’’ to ‘‘need to share,’’ H.R. 553: assessment of whether the detailees under sub- For employees who perform derivative classifica- Creates a Classified Information Ad- section (d)(5) have appropriate access to all rel- tion, or are responsible for analysis, dissemina- evant information, as required by subsection visory Officer to help State and local tion, preparation, production, receipt, publica- law enforcement and the private sector (g)(2)(C).’’. tion, or otherwise communication of classified SEC. 6. PROMOTION OF ACCURATE CLASSIFICA- information, training shall be provided at least access intelligence and information TION OF INFORMATION. every two years. Such training shall— about terror threats to their own com- (a) INCENTIVES FOR ACCURATE CLASSIFICA- (1) educate the employee, as appropriate, re- munities. TIONS.—In making cash awards under chapter garding— It requires training and incentives to 45 of title 5, United States Code, the President or (A) the guidance established under subpara- assure materials are classified for the the head of an Executive agency with an officer graph (G) of section 102A(g)(1) of the National right reason—to protect sources and or employee who is authorized to make original Security Act of 1947 (50 U.S.C. 403–1(g)(1)), as methods. Mr. Speaker, it is no joke classification decisions or derivative classifica- added by section 5(a)(3), regarding the for- that people die and our ability to mon- tion decisions may consider such officer’s or em- matting of finished intelligence products; ployee’s consistent and proper classification of (B) the proper use of classification markings, itor certain targets can be com- information. including portion markings that indicate the promised if sources and methods are re- (b) INSPECTOR GENERAL EVALUATIONS.— classification of portions of information; and vealed. (1) REQUIREMENT FOR EVALUATIONS.—Not (C) any incentives and penalties related to the Third, the bill requires ‘‘portion later than September 30, 2016, the inspector gen- proper classification of intelligence information; marking’’ so it is easy to separate clas- eral of each department or agency of the United and sified and nonclassified parts of a docu- States with an officer or employee who is au- (2) ensure such training is a prerequisite, once ment and standardizes procedures so thorized to make original classifications, in con- completed successfully, as evidenced by an ap- that information can be more easily sultation with the Information Security Over- propriate certificate or other record, for— sight Office, shall carry out no less than two (A) obtaining original classification authority shared. evaluations of that department or agency or a or derivatively classifying information; and b 1740 component of the department or agency— (B) maintaining such authority. (A) to assess whether applicable classification (b) RELATIONSHIP TO OTHER PROGRAMS.—The H.R. 553 also requires inspectors gen- policies, procedures, rules, and regulations have head of each Executive agency shall ensure that eral of departments which classify in- been adopted, followed, and effectively adminis- the training required by subsection (a) is con- formation to issue reports and share tered within such department, agency, or com- ducted efficiently and in conjunction with any them with any congressional commit- ponent; and other required security, intelligence, or other tees which seek them. (B) to identify policies, procedures, rules, reg- training programs to reduce the costs and ad- Finally, it builds on the President’s ulations, or management practices that may be ministrative burdens associated with carrying executive order released last month contributing to persistent misclassification of out the training required by subsection (a). and is widely supported by open gov- material within such department, agency or The SPEAKER pro tempore. Pursu- ernment and law enforcement groups. component. ant to the rule, the gentlewoman from (2) DEADLINES FOR EVALUATIONS.— In conclusion, this bill will help first (A) INITIAL EVALUATIONS.—Each first evalua- California (Ms. HARMAN) and the gen- responders know what to look for and tion required by paragraph (1) shall be com- tleman from Georgia (Mr. BROUN) each what to do. They, not any of us in Con- pleted no later than September 30, 2013. will control 20 minutes. gress or an analyst sitting at a desk, (B) SECOND EVALUATIONS.—Each second eval- The Chair recognizes the gentle- will likely be the ones to uncover and uation required by paragraph (1) shall review woman from California. foil the next terror plot. progress made pursuant to the results of the GENERAL LEAVE My thanks to Chairman THOMPSON first evaluation and shall be completed no later than September 30, 2016. Ms. HARMAN. Mr. Speaker, I ask and Ranking Member KING and to Sen- (3) REPORTS.— unanimous consent that all Members ators LIEBERMAN and COLLINS, who (A) REQUIREMENT.—Each inspector general may have 5 legislative days in which to cleared the way for bill in the House who is required to carry out an evaluation revise and extend their remarks and in- and in the Senate. Also thanks to the under paragraph (1) shall submit to the appro- sert extraneous material on the bill hardworking staffs of the Senate and priate entities a report on each such evaluation. under consideration. House Homeland Security Committees: (B) CONTENT.—Each report submitted under The SPEAKER pro tempore. Is there Christian Beckner, Brandon Milhorn, subparagraph (A) shall include a description of— objection to the request of the gentle- Vance Serchuk and Rosaline Cohen, (i) the policies, procedures, rules, regulations, woman from California? and to my own staffer, Meg King. or management practices, if any, identified by There was no objection. I urge prompt passage of this critical the inspector general under paragraph (1)(B); Ms. HARMAN. Mr. Speaker, I rise in legislation, and hope our President will and support of the motion to concur with sign it into law as soon as possible.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.090 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7077 I reserve the balance of my time. no more speakers, then I am prepared to standardize, in appropriate cases, the for- Mr. BROUN of Georgia. Mr. Speaker, to close after he closes. mats for classified and unclassified products; I rise in support of the bill, and I yield Mr. BROUN of Georgia. Mr. Speaker, establish policies and procedures requiring the myself such time as I may consume. I yield myself such time as I may con- increased use of so-called ‘‘tear lines’’ portion Mr. Speaker, I rise today in strong sume. markings in intelligence products to foster support of H.R. 553, as amended by the Mr. Speaker, I just want to congratu- broader distribution to State, local, and tribal Senate. This bill was agreed to by voice late Ms. HARMAN. She and I worked to- law enforcement and others who need to ac- vote in the House on February 3, 2009, gether. We both have a strong interest cess such information; and require annual and on September 27, 2010, the bill in having a strong intelligence commu- training for each IC employee with the author- passed the Senate with an amendment nity, and I think both of us will agree ity to classify material. by unanimous consent. that our intelligence community needs I am pleased that H.R. 553 also directs The 9/11 Commission concluded that some help. But we have seen this over- originators of intelligence products to share in- security requirements nurtured over- classification of documents that has formation that could likely benefit first pre- classification and excessive gotten to be a tremendous problem. venters on the beat with the IC’s in-house compartmentalization of information Ms. HARMAN has brought forth this team of first preventer analysts—the ‘‘ITACG’’ among government agencies. This piece of legislation that is going to or ‘‘Interagency Threat Assessment and Co- stovepiping, so-to-speak, interferes help simplify the process and help our ordination Group.’’ with accurate, accountable, and timely Federal Government to share informa- The ITACG analysts have the boots-on-the- information sharing, not only among tion with the State, local, and tribal ground perspective on what information lends Federal agencies, but also with State entities, as well as the private sector, itself to cops on the beat. Through this new and local law enforcement. so that they can have this information H.R. 553 focuses on reducing the over- process, we will have a new mechanism to that they desperately need to be able tackle the stovepiping of information within the classification of information at the De- to ensure security. partment of Homeland Security and IC that we know cops need to keep their com- As an original-intent Constitu- munities secure. enhances understanding of the classi- tionalist, I believe that the major func- fication system by State, local, tribal, Reducing the amount of unnecessary classi- tion of the Federal Government should fication and increasing the amount of informa- and private-sector partners. be national security, national defense. The bill directs the Secretary of tion shared throughout the public and private We in Congress I think have overlooked Homeland Security, DHS, operating sectors will contribute to improving or ability to that duty in many regards. I applaud through the Under Secretary for Intel- detect, deter, and prevent terrorist plots. Ms. HARMAN, Mr. Speaker, for her dili- ligence and Analysis, to identify and Nine years after the attacks of September gence in the area of intelligence and designate a classified information advi- 11th, we must stand together and reject— sory officer. The advisory officer will national security, and I greatly ap- once and for all—the practice of over-classi- assist State, local, tribal, and private- plaud her for this much-needed bill. fication, an outgrowth of the outdated ‘‘need to Mr. Speaker, I have no further speak- sector partners who have responsibility know’’ paradigm. ers, so I yield back the balance of my for the security of critical infrastruc- Finally, I would like to applaud the Chair- ture in matters related to classified time. woman of my Committee’s Subcommittee on Ms. HARMAN. Mr. Speaker, I yield materials. Additionally, the office is Intelligence, Information Sharing, and Ter- myself such time as I may consume. charged with developing educational rorism Risk Assessment Subcommittee—Rep- Mr. Speaker, in closing, police, fire- materials and training programs to as- resentative HARMAN. She has worked on this fighters and other first responders sist these authorities in developing problem for many years and is a true cham- bravely put their lives on the line to policies to respond to requests related pion for all the ‘‘first preventers’’ out there that protect us. They have proven their to classified information. have been kept from accessing intelligence in- The bill also requires the head of ability to unravel plots inside the U.S., formation that they need to protect the public each Federal department or agency like the Torrance, California, police de- and should be commended for her steadfast with classification authority to share partment, which discovered a plot to efforts on this government-wide challenge. intelligence products with interagency attack military installations and reli- I urge my colleagues to support this impor- threat assessment and coordination gious sites in my district. tant homeland security bill so that we get it to groups and allows them in turn to rec- It is imperative that we give first re- the President’s desk for his signature. ommend to the DHS Under Secretary sponders and the public access to the Ms. HARMAN. I yield back the bal- For Intelligence and Analysis to dis- threat information they need to find ance of my time. seminate that product to the appro- those among us who would seek to The SPEAKER pro tempore. The priate State, local, or tribal entities. harm us. H.R. 553 ensures that. I urge question is on the motion offered by This will be critical in directing ac- its prompt passage, and I do hope that the gentlewoman from California (Ms. tionable intelligence into the hands of the President will sign it into law. HARMAN) that the House suspend the those who need it the most. Mr. THOMPSON of Mississippi. Mr. Speak- rules and concur in the Senate amend- H.R. 553 also aims at strengthening er, over-classification of homeland security in- ment to the bill, H.R. 553. the responsibilities of the Director of formation is a major barrier to Federal efforts The question was taken; and (two- National Intelligence with respect to at fostering greater information sharing within thirds being in the affirmative) the information sharing government-wide the Federal Government as well as with State, rules were suspended and the Senate and reinforces the authority of DNI to local, and tribal entities, and the private sector. amendment was concurred in. have maximum access to all informa- H.R. 553, the Reducing Over-Classification A motion to reconsider was laid on tion within the intelligence commu- Act, introduced by Congresswoman JANE HAR- the table. nity. MAN, tackles this practice in a comprehensive I urge my colleagues to support the fashion. To that end, H.R. 553 establishes a f bill. I congratulate Ms. HARMAN on this Classified Information Advisory Officer within DHS’s Office of Intelligence and Analysis to CHRISTOPHER BRYSKI STUDENT great bill that I wholeheartedly sup- LOAN PROTECTION ACT port, and I look forward to seeing it develop and disseminate educational materials signed into law by the President, I for State, local, and tribal authorities and the Mr. ADLER of New Jersey. Mr. hope very soon, just like Ms. HARMAN private sector on how to challenge classifica- Speaker, I move to suspend the rules does. tion designations and, at the same time, assist and pass the bill (H.R. 5458) to amend I reserve the balance of my time. with the security clearance process. the Truth in Lending Act and the High- Ms. HARMAN. I thank the gentleman This bill also tackles the practice of over- er Education Act of 1965 to require ad- for his remarks and am pleased that we classification within the larger Intelligence ditional disclosures and protections for have had this very polite and inform- Community (IC) by directing the Director of students and cosigners with respect to ative and bipartisan debate on the National Intelligence to: take new, proactive, student loans, and for other purposes, House floor. steps to promote appropriate access of infor- as amended. Mr. Speaker, we have no more speak- mation by Federal, State, local, and tribal gov- The Clerk read the title of the bill. ers. If the gentleman from Georgia has ernments with a need to know; issue guidance The text of the bill is as follows:

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.162 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7078 CONGRESSIONAL RECORD — HOUSE September 28, 2010 H.R. 5458 cosigner (if any) would have on any such ob- in which the institution is located, informa- Be it enacted by the Senate and House of Rep- ligation, in language that the Board deter- tion on how to access such model form for resentatives of the United States of America in mines would give a reasonable person a rea- the State in which the borrower is a resi- Congress assembled, sonable understanding of the obligation dent.’’. SECTION 1. SHORT TITLE; FINDINGS. being assumed by becoming a cosigner for The SPEAKER pro tempore. Pursu- the loan. (a) SHORT TITLE.—This Act may be cited as ant to the rule, the gentleman from the ‘‘Christopher Bryski Student Loan Pro- ‘‘(3) MODEL FORMS.—The Board shall publish model forms under section 105 for— New Jersey (Mr. ADLER) and the gen- tection Act’’ and ‘‘Christopher’s Law’’. tleman from Alabama (Mr. BACHUS) (b) FINDINGS.—The Congress finds the fol- ‘‘(A) the information required under para- lowing: graph (1) with respect to a durable power of each will control 20 minutes. (1) There is no requirement for Federal or attorney for financial decisionmaking, for The Chair recognizes the gentleman private educational lenders to provide infor- each State (and such model forms under this from New Jersey. mation with respect to creating a durable subparagraph shall be uniform for all States GENERAL LEAVE power of attorney for financial decision- to the greatest extent possible); and Mr. ADLER of New Jersey. Mr. making in accordance with State law to be ‘‘(B) describing a cosigner’s obligation for purposes of paragraph (2). Speaker, I ask unanimous consent that used in the event of the death, incapacita- all Members may have 5 legislative tion, or disability of the borrower or such co- ‘‘(4) DEFINITION OF DEATH, DISABILITY, OR signer (if any). INABILITY TO ENGAGE IN ANY SUBSTANTIAL days within which to revise and extend (2) No requirement exists for private edu- GAINFUL ACTIVITY.—For the purposes of this their remarks on this legislation and cational lenders’ master promissory notes to subsection with respect to a borrower or co- to insert extraneous material thereon. include a clear and conspicuous description signer, the term ‘death, disability, or inabil- The SPEAKER pro tempore. Is there of the responsibilities of a borrower and co- ity to engage in any substantial gainful ac- objection to the request of the gen- signer in the event the borrower or cosigner tivity’— tleman from New Jersey? becomes disabled, incapacitated, or dies. ‘‘(A) means any condition described in sec- There was no objection. (3) Of the 1,400,000 people who sustain a tion 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)); and Mr. ADLER of New Jersey. Mr. traumatic brain injury each year in the Speaker, I yield myself such time as I United States, 50,000 die; 235,000 are hospital- ‘‘(B) shall be interpreted by the Board in ized; and 1,100,000 are treated and released such a manner as to conform with the regu- may consume. from an emergency department. lations prescribed by such Secretary of Edu- Mr. Speaker, I rise today to support (4) It is estimated that the annual inci- cation under section 437(a) of the Higher the passage of H.R. 5458. dence of spinal cord injury, not including Education Act of 1965 (20 U.S.C. 1087(a)) to Like all of my colleagues, I receive those who die at the scene of an accident, is the fullest extent practicable, including safe- thousands of pieces of mail each week. approximately 40 cases per 1,000,000 people in guards to prevent fraud and abuse.’’. When a letter from my constituent the United States or approximately 12,000 (b) DEFINITIONS.—Subsection (a) of section Ryan Bryski came across my desk, I new cases each year. Since there have not 140 of the Truth in Lending Act (15 U.S.C. 1650(a)) is amended by adding at the end the knew I had to act. been any overall incidence studies of spinal Ryan’s brother Christopher, for cord injuries in the United States since the following new paragraphs: 1970s, it is not known if incidence has ‘‘(9) DURABLE POWER OF ATTORNEY.—The whom this bill is named, was a young changed in recent years. term ‘durable power of attorney’— man attending Rutgers University (5) In the 2007–2008 academic year, 13 per- ‘‘(A) means a written instruction recog- when he suffered a traumatic brain in- cent of students attending a 4-year public nized under State law (whether statutory or jury after an accidental fall. Chris- school, and 26.2 percent of students attend- as recognized by the courts of the State), re- topher was in a vegetative state for 2 ing a 4-year private school, borrowed monies lating to financial decisionmaking in cases years before his passing in 2006. For a from private educational lenders. when the individual lacks the capacity to make such decisions; or parent, that situation would have been (6) According to Sallie Mae, in 2009, the enough to endure, but for the Bryski number of cosigned private education loans ‘‘(B) has the meaning given to such term in increased from 66 percent to 84 percent of all the Uniform Durable Power of Attorney Act family, their suffering was far more private education loans. of 2006 and sections 5–501 through 5–505 of the than just the loss of a youngest son. SEC. 2. ADDITIONAL STUDENT LOAN PROTEC- Uniform Probate Code, as in effect in any Like most college students, Chris- TIONS. State. topher had to borrow money to finance (a) IN GENERAL.—Section 140 of the Truth ‘‘(10) COSIGNER.—The term ‘cosigner’— an education. He had received loans in Lending Act (15 U.S.C. 1650) is amended by ‘‘(A) means any individual who is liable for through both the Federal Government adding at the end the following new sub- the obligation of another without compensation, regardless of how designated in the con- as well as a private lender. Likes most section: college age kids, Christopher did not ‘‘(f) ADDITIONAL PROTECTIONS RELATING TO tract or instrument; have enough credit to receive a private DEATH OR DISABILITY OF BORROWER OR CO- ‘‘(B) includes any person whose signature SIGNER OF A PRIVATE EDUCATION LOAN.— is requested as condition to grant credit or loan on his own, so his father Joseph ‘‘(1) OBLIGATION TO DISCUSS DURABLE POWER to forebear on collection; and cosigned his loan. OF ATTORNEYS.—In conjunction with— ‘‘(C) does not include a spouse of an indi- Federal loans discharge upon the ‘‘(A) any student loan counseling, if any, vidual referred to in subparagraph (A) whose death of a student. However, private provided by a covered educational institu- signature is needed to perfect the security loans do not. Since Joseph cosigned interest in the loan.’’. tion to any new borrower and cosigner (if Christopher’s loan, he was now respon- any) at the time of any loan application, SEC. 3. FEDERAL STUDENT LOANS. sible to pay it back in full. The situa- loan origination, or loan consolidation, or at Section 485(l)(2) of the Higher Education the time the cosigner assumes responsibility Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by tion puzzled the Bryski family because for repayment, the institution shall provide adding at the end the following: nowhere in their loan contract was a information with respect to creating a dura- ‘‘(L) Information on the conditions re- clause specifying what would happen to ble power of attorney for financial decision- quired to discharge the loan due to the the loan upon the borrower or co- making, in accordance with State law; and death, disability, or inability to engage in signer’s death or disability. Their lend- ‘‘(B) any application for a private edu- any substantial gainful activity of the bor- er told them that according to the cation loan, the private educational lender rower in accordance with section 437(a), and bank, Christopher’s persistent vegeta- involved in such loan shall provide informa- an explanation that, in the case of a private tive state and subsequent death was a tion to the borrower, and cosigner (if any), education loan made through a private edu- concerning the creation of a durable power of cational lender, the borrower, the borrower’s simple inability to pay, so the finan- attorney for financial decisionmaking, in ac- estate, and any consigner of a such a private cial burden was placed on Joseph. cordance with State law, with respect to education loan may be obligated to repay the This was not the only problem the such loan. full amount of the loan, regardless of the Bryskis encountered after their son’s ‘‘(2) CLEAR AND CONSPICUOUS DESCRIPTION death or disability of the borrower or any fatal accident. Due to the fact that OF COSIGNER’S OBLIGATION.—In the case of other condition described in section 437(a). Christopher was over 18 when he left any private educational lender who extends a ‘‘(M) The model form for the State in home to attend school, he was, accord- private education loan for which any co- which the institution is located with respect ing to the law, an adult who was able signer is jointly liable, the lender shall to durable power of attorneys published by to make his own financial, legal, and clearly and conspicuously describe, in writ- the Board of Governors of the Federal Re- ing, the cosigner’s obligations with respect serve System in accordance with subsection health care decisions. to the loan, including the effect the death, (f)(3)(A) of section 140 of the Truth in Lend- With Christopher in a vegetative disability, or inability to engage in any sub- ing Act (15 U.S.C. 1650) and, in the case of a state, his parents needed to maintain stantial gainful activity of the borrower or borrower who is not a resident of the State his financial standing with the school,

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.092 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7079 as well as pay the bills and fulfill all H.R. 5458 requires private education But I think this is simple legislation his contracts. The Bryskis spent count- loan lenders to provide disclosures to that is appropriate to meet a need that less time and money regaining custody students about the benefits of creating comes up every so often with tragic of their son so that they could prevent a durable power of attorney. For most circumstances beyond the actual in- him from defaulting on other bills in traditional students, a student loan is jury, disability, and death of young case he should recover. the first large financial decision he or people. I urge strong and immediate passage b 1750 she will be making. As such, a student and the cosigner of the loan—often a of this bill. They were not only being responsible parent, as with the Bryskis—should be ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE parents, but responsible Americans. aware of their repayment responsibil- The SPEAKER pro tempore. The The Bryskis also endured a personal ities, including those responsibilities if Chair reminds Members that it is inap- interview of Christopher so that the the student should become unable to propriate to recognize occupants of the court could be sure Christopher was make payments. And so disclosures, I gallery. unable to make decisions on his behalf. think, are always helpful. Mr. ADLER of New Jersey. Mr. Literally, someone from the court In addition to existing disclosures for Speaker, I yield back the balance of came to Christopher’s hospital room loans, this bill requires private edu- my time. and yelled in his face to ensure that he cation loan lenders to provide addi- The SPEAKER pro tempore. The would not respond and that he was in- tional information to students and co- question is on the motion offered by deed in a vegetative state. signers about the benefits of durable the gentleman from New Jersey (Mr. As a father of four boys, two of whom powers of attorney for financial deci- ADLER) that the House suspend the are in college, I cannot imagine going sion-making. A college’s financial aid rules and pass the bill, H.R. 5458, as through what the Bryskis went administrator would also be required amended. through. This is why I introduced H.R. to provide information to students and The question was taken; and (two- 5458, the Christopher Bryski Student their cosigners about creating a dura- thirds being in the affirmative) the Loan Protection Act, or Christopher’s ble power of attorney. rules were suspended and the bill, as Law. This bill would help prevent other I do have some concerns not ad- amended, was passed. families from going through what the dressed to this bill itself but that the A motion to reconsider was laid on Bryskis did by ensuring that private Federal Government is nearing the the table. educational lenders clearly describe point of requiring so many disclosures f the obligations of borrowers and co- that they may overwhelm the con- MEDICAL DEBT RELIEF ACT OF signers upon their death or disability— sumer. I also fear that the requirement 2010 what the banks call ‘‘an inability to that the Federal Reserve Board create pay.’’ The rest of us would call it a 50 different forms based on various Ms. KILROY. Mr. Speaker, I move to family tragedy. State laws surrounding durable powers suspend the rules and pass the bill Christopher’s Law will also urge the of attorney will be especially burden- (H.R. 3421) to exclude from consumer Federal Reserve Board to adopt and in- some to the Board. But that’s a minor credit reports medical debt that has terpret the same definitions of death concern. been in collection and has been fully and disability as the Department of While a better solution long term paid or settled, and for other purposes, Education, which has used these defini- would be to provide two simple disclo- as amended. tions for many, many years. This bill sures that ensure that the cosigners The Clerk read the title of the bill. does not require that private loans be and the students understand the re- The text of the bill is as follows: discharged in case of death or dis- sponsibilities of loan repayment and H.R. 3421 ability. It simply requires private edu- are provided a place to do their own re- Be it enacted by the Senate and House of Rep- cational lenders to define death and search about durable powers of attor- resentatives of the United States of America in disability so borrowers and their co- ney, this may be the first time that an Congress assembled, signers can refer to these definitions individual may have a need for this SECTION 1. SHORT TITLE. should a catastrophe happen to their This Act may be cited as the ‘‘Medical sort of legal document, and these addi- Debt Relief Act of 2010’’. family. It also states that private edu- tional disclosures could help better in- cation lenders as well as the Federal SEC. 2. FINDINGS AND PURPOSE. form the borrowers and cosigners. So (a) FINDINGS.—The Congress finds the fol- Government must provide information for that reason I do not rise in opposi- lowing: on creating a durable power of attor- tion to this legislation. (1) Medical debt is unique, and Americans ney to handle the borrower’s financial I want to extend my prayers and do not choose when accidents happen or affairs should the borrower be unable thoughts to the Bryski family and when illness strikes. to make those decisions on their own. other families who experience such a (2) Medical debt collection issues affect In other words, the borrower and the tragedy as this. I thank the gentleman both insured and uninsured consumers. lender must be on the same page. from New Jersey for his kind words. (3) According to credit evaluators, medical Since I introduced this legislation, I debt collections are more likely to be in dis- I yield back the balance of my time. pute, inconsistently reported, and of ques- have been approached by many other Mr. ADLER of New Jersey. I thank tionable value in predicting future payment families in my district with similar the gentleman from Alabama. performance because it is atypical and non- problems as the Bryskis encountered. I I am glad he mentioned the Bryski predictive. believe this is commonsense, bipar- family. Ryan Bryski, the brother of (4) Nevertheless, medical debt that has tisan legislation that deserves the sup- Christopher, is in the gallery. I thank been completely paid off or settled can sig- port of the entire body. him and his family for sharing what nificantly damage a consumer’s credit score I would like to thank Chairman MIL- they went through so we can avoid for years. (5) As a result, consumers can be denied LER and Ranking Member KLINE, Chair- other families going through what you credit or pay higher interest rates when buy- man FRANK and Ranking Member went through. I join Mr. BACHUS in ing a home or obtaining a credit card. BACHUS, for bringing this important having Christopher and other families (6) Healthcare providers are increasingly legislation to the floor, and, frankly, similarly situated in our prayers. But, turning to outside collection agencies to minority staff, for improving this leg- Ryan, I thank you personally for your help secure payment from patients and this islation with amendments just in the guidance in this. comes at the expense of the consumer be- last few days. It is the way we’re sup- I think this is a wonderful example of cause medical debts are not typically re- posed to be doing business for the peo- people trying to work together to solve ported unless they become assigned to col- ple of our great country. I urge its pas- a people problem. I share some of Mr. lections. (7) In fact, medical bills account for more sage. BACHUS’ concerns that maybe we have than half of all non-credit related collection I reserve the balance of my time. too many disclosures from time to actions reported to consumer credit report- Mr. BACHUS. Mr. Speaker, I rise to time. I would be eager to work with the ing agencies. address this legislation, and I yield my- Member to try to work that out going (8) The issue of medical debt affects mil- self such time as I may consume. forward and streamline the process. lions.

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.165 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7080 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (9) According to the Commonwealth Fund, credit report fully paid off or settled system helps those deciding whether to medical bill problems or accrued medical medical debt collection. extend credit to properly manage the debt affects roughly 72,000,000 working-age So many of us have had issues with associated risk, which in turn helps adults in America. trying to figure out what insurance keep the cost of credit lower for those (10) For 2007, 28,000,000 working-age Amer- ican adults were contacted by a collection companies are paying and what they who wish to borrow. Anything that un- agency for unpaid medical bills. were responsible for or maybe had to dermines the reliability or integrity of (b) PURPOSE.—It is the purpose of this Act fight with a health insurance company a consumer credit report is likely to to exclude from consumer credit reports to get them to honor their obligation result in less credit being available to medical debt that had been characterized as to pay a health care bill or maybe they average Americans. delinquent, charged off, or debt in collection had a high deductible policy to save The question before us today is for credit reporting purposes and has been money and took a little bit extra time whether Congress should micromanage fully paid or settled. to pay off their bill. But pay they did. the credit reporting system and re- SEC. 3. AMENDMENTS TO FAIR CREDIT REPORT- strict the ability of businesses and ING ACT. And yet they find that their credit is (a) MEDICAL DEBT DEFINED.—Section 603 of adversely affected for years to come. creditors to review information about the Fair Credit Reporting Act (15 U.S.C. This is a serious problem that can af- the credit history of a customer. When 1681a) is amended by adding at the end the fect millions of people. In fact, accord- evaluating H.R. 3421, it is important to following new paragraph: ing to the Commonwealth Fund, med- remember that the right to credit is ‘‘(z) MEDICAL DEBT.—The term ‘medical ical bill problems or accrued medical not a right guaranteed by the govern- debt’ means a debt described in section debt affects roughly 72 million work- ment. It is made available by lenders, 604(g)(1)(C).’’ ing-age adults in America. In 2007, 28 and I think lenders have a right to all (b) EXCLUSION FOR PAID OR SETTLED MED- million working-age American adults the information about the borrower in ICAL DEBT.—Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended were contacted by a collection agency making those decisions. Government by adding at the end the following new para- for an unpaid medical bill. Further- micromanagement of a consumer cred- graph: more, a 2003 report in the Federal Re- it file could misallocate credit and dis- ‘‘(7) Any information related to a fully serve Bulletin found that medical debt tort lending practices—two serious paid or settled medical debt that had been collections are more likely to be in dis- causes of the economic crisis we are characterized as delinquent, charged off, or pute, inconsistently reported, and of still struggling to escape. in collection which, from the date of pay- questionable value in predicting future Congresswoman KILROY mentioned ment or settlement, antedates the report by certain situations, and I certainly sym- more than 45 days.’’. credit payments or credit performance because medical debt is atypical and pathize with those situations. There SEC. 4. PAYGO BUDGETARY EFFECTS. The budgetary effects of this Act, for the non-predictive. In the same 2003 report, may be other situations, though, that purpose of complying with the Statutory it was found that 85 percent of medical we could imagine in which that infor- Pay-As-You-Go Act of 2010, shall be deter- collections were for less than $500. mation would indicate something else. It may indicate an inability to pay on mined by reference to the latest statement b 1800 titled ‘‘Budgetary Effects of PAYGO Legisla- a loan that someone was getting. tion’ ’’ for this Act, submitted for printing in This issue is further compounded by As we consider proposals such as the the Congressional Record by the Chairman of the fact that medical billing errors are one the gentlewoman brings to us in the House Budget Committee, provided that common among third-party insurers. dealing with the use of credit reports, such statement has been submitted prior to According to the Quicken Health we must consider that, in certain the vote on passage. Group, nearly 40 percent of Americans cases, unintended consequences may The SPEAKER pro tempore. Pursu- do not understand their medical bills result from a less than complete pic- ant to the rule, the gentlewoman from or are confused about the amounts ture of a prospective borrower, and it Ohio (Ms. KILROY) and the gentleman owed and if those amounts are correct. may result in losses by the lender. This from Alabama (Mr. BACHUS) each will Finally, the enactment of H.R. 3421 is something we can’t just totally control 20 minutes. would result in more accurate credit block out. The Chair recognizes the gentle- scores, allowing businesses to better Mr. Speaker, I reserve the balance of woman from Ohio. price risk. my time. GENERAL LEAVE This legislation has broad-based sup- Ms. KILROY. I yield myself such Ms. KILROY. Mr. Speaker, I ask port, including from the National Asso- time as I may consume. unanimous consent that all Members ciation of Home Builders, the Mortgage Mr. Speaker, the gentleman from may have 5 legislative days within Bankers Association, Americans for Fi- Alabama talks about robust reporting which to revise and extend their re- nancial Reform, the National Credit and about making sure that credit is marks on this legislation. Reporting Agency, Consumers Union, more accurately reported. This is what The SPEAKER pro tempore. Is there the National Consumer Law Center on this bill would do. objection to the request of the gentle- behalf of its low-income clients, the There is so much confusion and error woman from Ohio? National Association of Consumer Ad- surrounding the issue of medical debt, There was no objection. vocates, Consumer Action, Families and medical debt is not an accurate Ms. KILROY. Mr. Speaker, I yield USA, UNITE HERE, the National MS predictor of someone’s creditworthi- myself such time as I may consume. Society, the Corporation of Enterprise ness. Somebody might get a sudden ill- I thank the chair of the Financial Development, the NAACP, the Na- ness or might get hit by a car. It’s not Services Committee, Chairman BARNEY tional Council of La Raza, the Con- like a person is going out and buying a FRANK, and the subcommittee chair, sumer Federation of America, U.S. house full of televisions or is going on LUIS GUTIERREZ; as well as my cospon- PIRG, and Community Catalyst. a lot of vacations or out to dinner sors, including my Republican cospon- Mr. Speaker, I reserve the balance of every night. They are people who are sors, Mr. MANZULLO, Mr. BURGESS and my time. playing by the rules and who are pay- Mr. BILBRAY, for their support of H.R. Mr. BACHUS. I yield myself such ing off that debt. 3421, the Medical Debt Relief Act of time as I may consume. To the contrary, I think that this 2010. Mr. Speaker, I rise to address H.R. bill, rather than undermining the This bill would protect hardworking 3421. Credit scores and the evolution of availability of credit, would actually Americans who play by the rules, pay a robust credit reporting system have encourage the availability of credit by or settle their medical debts, and yet done much to improve access to credit having more accurate credit scores and find their economic well-being and for millions of Americans, and they are by allowing people to obtain more rea- credit scores adversely affected for an integral component of our economy. sonable rates on credit because of hav- years to come due to medical debt, Information found in credit reports and ing more accurate credit scores. Par- large or small, that has gone to collec- captured by credit scores is used in to- ticularly now when people are also tion. Specifically, this legislation day’s economy for much more than for using credit reporting with regard to would prohibit credit reporting agen- just making credit decisions. A well- employment decisions, it is all the cies from including in an individual’s functioning national credit reporting more important. I think it is fairer to

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.094 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7081 hardworking Americans. It will help Mr. BACHUS. I yield back the bal- includes the construction of new structures, the economy. It will help make a more ance of my time. additions or alterations to existing struc- accurate credit reporting score. Ms. KILROY. This is a bill that will tures, and the demolition of existing struc- I reserve the balance of my time. help millions of Americans, and I ask tures to make way for new structures.’’. Mr. BACHUS. Mr. Speaker, the gen- my colleagues for their support. SEC. 2. EFFECTIVE DATE. This Act, and the amendments made by tlewoman talked about certain situa- Mr. Speaker, I have no further re- tions. Let me say that I am sympa- this Act, shall take effect on the later of the quests for time, and I yield back the following: thetic to the purpose of this bill. You balance of my time. (1) The date of the enactment of this Act. will see there are three Republican co- The SPEAKER pro tempore (Mr. (2) The date of the enactment of the Small sponsors on the bill. What I’m saying CRITZ). The question is on the motion Business Jobs Act of 2010. and what, I think, the American people offered by the gentlewoman from Ohio The SPEAKER pro tempore. Pursu- are beginning to say pretty loudly is (Ms. KILROY) that the House suspend ant to the rule, the gentleman from that they are uncomfortable with the the rules and pass the bill, H.R. 3421, as North Carolina (Mr. MILLER) and the government’s making these decisions amended. gentleman from Minnesota (Mr. as to what will be disclosed and what The question was taken. PAULSEN) each will control 20 minutes. will be withheld. I think the American The SPEAKER pro tempore. In the The Chair recognizes the gentleman people are sympathetic. I don’t know of opinion of the Chair, two-thirds being from North Carolina. a family in America who has not faced in the affirmative, the ayes have it. GENERAL LEAVE a medical emergency or who has not Mr. BACHUS. Mr. Speaker, I object Mr. MILLER of North Carolina. Mr. faced a relative or a family member to the vote on the ground that a Speaker, I ask unanimous consent that who has had a large medical bill. So it quorum is not present and make the all Members may have 5 legislative sounds like something that would ben- point of order that a quorum is not efit people who have gone through days within which to revise and extend present. their remarks on this legislation and medical crises. The SPEAKER pro tempore. Pursu- With each example of that, you could to insert extraneous material thereon. ant to clause 8 of rule XX and the select another example of someone, The SPEAKER pro tempore. Is there Chair’s prior announcement, further let’s say, who had had elective surgery objection to the request of the gen- proceedings on this motion will be or a type of plastic surgery who then tleman from North Carolina? postponed. had just not paid his bills for a few There was no objection. years. That might be an example to The point of no quorum is considered Mr. MILLER of North Carolina. I which we would all say, well, that withdrawn. yield myself such time as I may con- wasn’t intended, and that information f sume. would not be shared with lenders or Mr. Speaker, this bill amends the SMALL BUSINESS JOBS ACT Small Business Lending Fund legisla- with a landlord or whomever. AMENDMENT As I say, I think that this is some- tion that the President signed just yes- thing Congress can decide, and you ob- Mr. MILLER of North Carolina. Mr. terday. The bill is identical to a House viously have some bipartisan support Speaker, I move to suspend the rules amendment that passed 418–3 but was for this bill. and pass the bill (H.R. 6191) to amend left out of the other body’s version of Mr. JOHNSON of Georgia. Mr. Speaker, the Small Business Jobs Act of 2010 to the legislation for reasons that surpass today I rise in support of H.R. 3421, the Med- include certain construction and land understanding. ical Debt Relief Act of 2009, which will ease development loans in the definition of b 1810 the financial burden shouldered by American small business lending. This bill, like the amendment, adds families facing unaffordable but necessary The Clerk read the title of the bill. land acquisition and construction loans health care expenses. The text of the bill is as follows: Millions of Americans—especially unem- to the loans that qualify for the Small H.R. 6191 Business Lending Fund. The sad truth ployed Americans—struggle to afford the Be it enacted by the Senate and House of Rep- health care they need. Illness can befall any- is that in many—really, most—parts of resentatives of the United States of America in the country this bill will not have a lot one, and the financial burdens can be dev- Congress assembled, astating. According to a joint study conducted of effect right away. Under the SBLF, SECTION 1. AMENDMENT. community banks are on the hook if by Harvard Law School and Harvard Medical Section 4102(18)(A) of the Small Business School, almost half of Americans who file for Jobs Act of 2010 is amended by adding at the they make loans that don’t get paid bankruptcy do so because of medical ex- end the following new clause: back, and they’re going to steer clear penses. In my district, there were 2,200 health ‘‘(v) CONSTRUCTION, LAND DEVELOPMENT, of acquisition, development, and con- care related bankruptcies in 2008 alone. AND OTHER LAND LOANS.— struction loans for home building until The Medical Debt Relief Act will ensure that ‘‘(I) IN GENERAL.—Loans secured by real es- the demand for new housing improves. Americans who have paid or settled their med- tate— Around the country, there is an enor- ‘‘(aa) that are made to finance— ical debt in full will have that medical debt re- mous inventory of existing homes, on ‘‘(AA) land development that is pre- or off the market. Because so much of moved from their credit records. Americans paratory to erecting new structures, includ- who are no longer indebted by medical ex- ing improving land, laying sewers, and lay- the foolishness that led to the financial penses should not continue to be penalized ing water pipes; or crisis was connected to housing, the and suffer from compromised financial stand- ‘‘(BB) the on-site construction of indus- housing sector of our economy remains ing and poor credit simply because they need- trial, commercial, residential, or farm build- very sick and won’t get well right ed more time to fully pay off medical bills that ings; away. There are millions of foreclosed can often be insurmountable. ‘‘(bb) that is vacant land, except land homes and homes destined for fore- I supported the historic health care reform known to be used or usable for agricultural closure. Mr. Speaker, I wish everyone we passed this Congress because I believe purposes, such as crop and livestock produc- in Washington felt the urgency that I tion; that quality health care should not be a privi- ‘‘(cc) the proceeds of which are to be used feel about fixing that problem. lege reserved for those with means. The Med- to acquire and improve developed or undevel- But there are markets now that have ical Debt Relief Act, is another step in the right oped property; or a demand for new homes and home direction. I support this legislation because it ‘‘(dd) that are made under title I or title X builders cannot get credit, ordinary will protect Americans from some of the un- of the National Housing Act. loans, because of pressure from regu- necessary, lifelong financial hardships that can ‘‘(II) CONSTRUCTION INDUSTRY REQUIRE- lators on the smaller banks not to arise from illness. MENT.—Subclause (I) shall only apply to make real estate loans, not to make I hope my colleagues will join me and other loans that are extended to small business dirt loans. concerns in the construction industry, as That indiscriminate refusal to lend bipartisan supporters of this common sense such term is defined by the Secretary in con- legislation to improve quality of life and finan- sultation with the Administrator of the for residential construction is killing cial security for hard working American fami- Small Business Administration. jobs. We’ve lost 3 million jobs in the lies that have fully paid off or settled their ‘‘(III) CONSTRUCTION DEFINED.—For pur- last 5 years in home construction and medical debt. poses of this clause, the term ‘construction’ related industries. The jobs we’ve lost

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.170 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7082 CONGRESSIONAL RECORD — HOUSE September 28, 2010 are jobs for the working man and The question was taken; and (two- Mr. Speaker, I reserve the balance of woman: carpenters, plumbers, elec- thirds being in the affirmative) the my time. tricians, masons, painters, roofers, rules were suspended and the bill was Mr. PAULSEN. Mr. Speaker, I yield landscapers, and on and on. We’ve got passed. myself such time as I may consume. to get as many of those working men A motion to reconsider was laid on Mr. Speaker, I also rise today in and women back to work as soon as we the table. strong support of H.R. 6058, the Wound- can. f ed Warrior and Military Survivor Hous- And as the economy recovers, there ing Assistance Act, and I also want to will be an enormous pent-up demand WOUNDED WARRIOR AND MILI- thank my freshman colleague for offer- for new housing. Catching up with that TARY SURVIVOR HOUSING AS- ing his support of this measure and co- demand can be part of the virtuous SISTANCE ACT OF 2010 sponsorship as well. cycle of recovery coming out of a re- Mr. MINNICK. Mr. Speaker, I move A few weeks ago, I had the unfortu- cession as it has been in the past. to suspend the rules and pass the bill nate honor of meeting the widow of a Home construction now is probably (H.R. 6058) to ensure that the housing serviceman who had graduated from about a third of the natural demand for assistance programs of the Department high school in my hometown of Eden new housing that’s created by new of Housing and Urban Development and Prairie and someone who had served in household formation, replacement of the Department of Veterans Affairs are Afghanistan. And since she was in obsolete housing, and second home pur- available to veterans and members of Washington, D.C. for her husband’s chases. the Armed Forces who have service- burial at Arlington National Cemetery, As the economy recovers, young connected injuries and to survivors and she’d asked to come and meet with me adults are going to move out of their dependents of veterans and members of so she could share some of the chal- parents’ home or out of the apartment the Armed Forces. lenges that she was facing in the midst they’re sharing with three or four The Clerk read the title of the bill. of her crisis. She had an exhaustive list roommates, and dilapidated housing The text of the bill is as follows: of concerns, actually, that she was try- will be torn down and replaced by new H.R. 6058 ing to juggle through in the midst of construction. We need to make sure Be it enacted by the Senate and House of Rep- the ceremony taking place for her hus- that home builders can get credit to resentatives of the United States of America in band. meet that pent-up demand and put Congress assembled, At the top of her list, the top priority more men and women back to work, SECTION 1. SHORT TITLE. was essentially wondering how she was and that’s what this bill does. This Act may be cited as the ‘‘Wounded Warrior and Military Survivor Housing As- going to be able to pay her mortgage I reserve the balance of my time. now that the family was no longer re- Mr. PAULSEN. I yield myself such sistance Act of 2010’’. SEC. 2. AVAILABILITY OF HOUSING PROGRAMS. ceiving any income, and the monthly time as I may consume. burden of her mortgage was something Mr. Speaker, I also want to rise in The Secretary of Housing and Urban Devel- opment and the Secretary of Veterans Af- she had never really had to think about support of my colleague Mr. MILLER’s fairs shall take such actions as may be nec- bill to amend the Small Business Jobs during her husband’s entire military essary to ensure that the housing assistance career, which had gone on for a long Act of 2010, but I’d also like to point programs administered by such Secretaries, out the irony is that we are here on the time. including mortgage insurance and home loan While there are certainly many cur- floor the day after, of course; the Presi- programs, are accessible by and available to, rent provisions in law that try to help dent signed the bill just 1 day ago. and address the particular needs and cir- You know, this bill would allow con- cumstances of, veterans and members of the people remain in their homes when struction, land development, and other Armed Forces who have service-connected they come upon some difficult finan- land loans to be included in the pro- injuries and survivors and dependents of vet- cial problems, I believe that these program, which is important, and I com- erans and members of the Armed Forces. grams should take into account the mend Mr. MILLER’s efforts to make The SPEAKER pro tempore. Pursu- special needs of survivors, of depend- sure that all small businesses will be ant to the rule, the gentleman from ents, and those with service-connected eligible under this program. Idaho (Mr. MINNICK) and the gentleman injuries. That is why I introduced the I appreciate also what my colleagues from Minnesota (Mr. PAULSEN) each legislation, the Wounded Warrior and are also trying to do, but I do believe will control 20 minutes. Military Survivor Housing Act with that if we’re really going to be focused The Chair recognizes the gentleman Mr. MINNICK. This legislation directs on helping the small business commu- from Idaho. the Secretaries of HUD and the VA to nity, we need to bring some certainty GENERAL LEAVE make sure that their housing programs to the market and to the economy for Mr. MINNICK. Mr. Speaker, I ask do indeed address the needs of sur- them. Right now many small busi- unanimous consent that all Members vivors and dependents as well as those nesses are struggling with the uncer- may have 5 legislative days within who have those service-related inju- tainty, not knowing what regulations which to revise and extend their re- ries. this Congress is going to come up with marks on this legislation and to insert Mr. Speaker, these are families that next on health care or on cap-and-trade extraneous material thereon. have made great sacrifices. These are legislation; and most importantly now, The SPEAKER pro tempore. Is there families that have basically allowed rather than additional bailout pro- objection to the request of the gen- the rest of us to enjoy, and all Ameri- grams, I do think we need to be talking tleman from Idaho? cans to enjoy, the freedoms that we more down the road, hopefully tomor- There was no objection. have, more freedoms that are unprece- row, about extending the tax cuts rath- Mr. MINNICK. Mr. Speaker, I yield dented ever in human history. The er than having tax increases that will myself such time as I may consume. least we can do, I think, is recognize take place on January 1. Mr. Speaker, this bill directs the Sec- those special needs and make sure that So that hostile business environment retary of Housing and Urban Develop- we are giving them tools to help them also is going to hurt the small business ment and the Veterans Administration adjust to the changes now that have community, but I commend the gen- to meet the needs of our veterans with taken place in their lives. tleman for his work on this legislation. service-related injuries and their fami- Mr. Speaker, I would appreciate sup- I yield back the balance of my time. lies with their housing and mortgage port for the legislation. Mr. MILLER of North Carolina. Mr. programs. Mr. Speaker, I yield such time as he Speaker, I have no further requests for As importantly, the bill asks that may consume to the ranking member time, and I yield back the balance of HUD and the VA help the survivors and of the committee, the gentleman from my time. families of these courageous people Alabama (Mr. BACHUS). The SPEAKER pro tempore. The with respect to these matters. I com- Mr. BACHUS. Let me say this to both question is on the motion offered by pliment my colleague from Minnesota gentlemen offering this legislation: As the gentleman from North Carolina (Mr. PAULSEN) for his leadership in in- the father of a marine, I want to com- (Mr. MILLER) that the House suspend troducing this legislation and urge my mend you for doing this. These young the rules and pass the bill, H.R. 6191. colleagues to pass this bipartisan bill. men and women are our true heroes of

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.173 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7083 today, and their families face many with an average life span for an adult being the activity, growth, or mental devel- hardships, many challenges, and this 45 years; opment of those affected. In addition, ought to be a priority. It’s something Whereas, though researchers have yet to education and public awareness can that everyone in this body should em- identify a cure for this painful disease, ad- play a critical role in fighting the dis- vances in treating the associated complica- brace, and I’d like to commend you for tions have occurred; ease, as early diagnosis can often help standing up for our men and women in Whereas researchers are hopeful that in those who suffer from sickle cell dis- uniform and their families. Thank you less than two decades, Sickle Cell Disease ease manage its effects. very much. may join the ranks of chronic illnesses that, I want to thank Representative when properly treated, do not interfere with FUDGE for introducing this resolution. b 1820 the activity, growth, or mental development Once again, I express my support for Mr. PAULSEN. Mr. Speaker, in clos- of affected children; House Resolution 1663, and I urge my ing, I just simply want to thank both Whereas Congress recognizes the impor- colleagues to join me in supporting the staff of the Financial Services tance of researching, preventing, and treating Sickle Cell Disease by authorizing treat- this resolution. Committee as well as the House Vet- Two million Americans have the sickle cell erans Affairs Committee for all their ment centers to provide medical intervention, education, and other services and by trait, including 1 in 12 African-Americans. Chil- work in this legislation and putting permitting the Medicaid program to cover dren born to parents with the sickle cell trait this together. I hope we can pass this some primary and secondary preventative have a 1 in 4 chance of having the disease. bill to help all the families of our serv- medical strategies for children and adults Sickle cell disease is devastating to those ice men and women. with Sickle Cell Disease; who suffer from it. The rapid destruction of I yield back the balance of my time. Whereas the Sickle Cell Disease Associa- sickle cells can result in anemia, jaundice, Mr. MINNICK. I would like to thank tion of America, Inc. remains the preeminent gallstones, strokes, and possible liver, spleen advocacy organization that serves the sickle the gentleman from Alabama for his and kidney damage. As a result, individuals remarks and the gentleman from Min- cell community by focusing its efforts on public policy, research funding, patient serv- with the disease often experience consider- nesota for his leadership. able pain in their arms, legs, chest, and abdo- I yield back the balance of my time. ices, public awareness, and education related The SPEAKER pro tempore. The to developing effective treatments and a men as well as shortened life spans. cure for Sickle Cell Disease; and Once again I express my support for House question is on the motion offered by Whereas the Sickle Cell Disease Associa- Resolution 1663 which designates the month the gentleman from Idaho (Mr. tion of America, Inc. has requested that the of September as Sickle Cell Awareness MINNICK) that the House suspend the Congress designate September as Sickle Cell Month. I urge my colleagues to join me in sup- rules and pass the bill, H.R. 6058. Disease Awareness Month in order to edu- porting this resolution. The question was taken; and (two- cate communities across the Nation about I reserve the balance of my time. thirds being in the affirmative) the sickle cell and the need for research funding, Mr. EHLERS. Mr. Speaker, I yield rules were suspended and the bill was early detection methods, effective treatments, and prevention programs: Now, there- myself such time as I may consume. passed. I rise today in support of House Reso- A motion to reconsider was laid on fore, be it Resolved, That the House of Representa- lution 1663, supporting the goals and the table. tives— ideals of Sickle Cell Disease Awareness f (1) supports the goals and ideals of Sickle Month. RECOGNIZING SICKLE CELL Cell Disease Awareness Month; and Sickle cell anemia is a serious dis- (2) promotes education of teachers, school ease in which the body makes sickle- DISEASE AWARENESS MONTH nurses, and school personnel in educational Ms. HIRONO. Mr. Speaker, I move to strategies such as distance learning and tu- shaped red blood cells. Sickle shaped suspend the rules and agree to the reso- toring that will ensure children with Sickle means that the red blood cells are lution (H. Res. 1663) supporting the Cell Disease can continue to access and pur- shaped like the letter ‘‘C.’’ Normal red goals and ideals of Sickle Cell Disease sue their education. blood cells are disc shaped and look Awareness Month. The SPEAKER pro tempore. Pursu- like doughnuts without holes in the The Clerk read the title of the resolu- ant to the rule, the gentlewoman from center. They move easily through your tion. Hawaii (Ms. HIRONO) and the gentleman blood vessels. Red blood cells contain The text of the resolution is as fol- from Michigan (Mr. EHLERS) each will the protein hemoglobin. This iron-rich lows: control 20 minutes. protein gives blood its red color and H. RES. 1663 The Chair recognizes the gentle- carries oxygen from the lungs to the Whereas Sickle Cell Disease is an inherited woman from Hawaii. rest of the body. Sickle cells contain blood disorder that is a major health prob- GENERAL LEAVE abnormal hemoglobin that causes the lem in the United States and worldwide; Ms. HIRONO. Mr. Speaker, I request cells to have a sickle shape. Sickle- Whereas Sickle Cell Disease causes the 5 legislative days during which Mem- shaped cells do not move easily rapid destruction of sickle cells, which re- bers may revise and extend and insert through your blood vessels. They are sults in multiple medical complications, in- extraneous material on House Resolu- stiff and sticky and tend to form cluding anemia, jaundice, gallstones, tion 1663 into the RECORD. clumps and get stuck in the blood ves- strokes, and restricted blood flow, damaging sels. The clumps of sickle cells block tissue in the liver, spleen, and kidneys, and The SPEAKER pro tempore. Is there death; objection to the request of the gentle- blood flow in the blood vessels that Whereas Sickle Cell Disease causes epi- woman from Hawaii? lead to the limbs and the organs. sodes of considerable pain in one’s arms, There was no objection. Blocked blood vessels can cause pain, legs, chest, and abdomen; Ms. HIRONO. I yield myself such serious infections, and organ damage. Whereas Sickle Cell Disease affects an esti- time as I may consume. This disease affects an estimated mated 70,000 to 100,000 Americans; Mr. Speaker, I rise today in support 70,000 to 100,000 people in this country. Whereas approximately 1,000 babies are of House Resolution 1663, which sup- Approximately 1,000 babies are born born with Sickle Cell Disease each year in ports the designation of the month of with sickle cell disease each year in the United States, with the disease occurring the United States. More than 2 million in approximately 1 in 500 newborn African September as Sickle Cell Disease American infants, 1 in 1,000 newborn His- Awareness Month. Sickle cell disease is Americans have the sickle cell trait, panic Americans, and is found in persons of an inherited blood disorder that affects and 1 in 12 African Americans carry the Greek, Italian, East Indian, Saudi Arabian, between 70,000 and 100,000 Americans trait. There is a 1 in 4 chance that a Asian, Syrian, Turkish, Cypriot, Sicilian, and many more around the world. child born to parents who have the and Caucasian origin; While there is no cure, there have trait will have the disease. The life ex- Whereas more than 2,000,000 Americans been recent advancements in the pectancy of a person with sickle cell have the sickle cell trait, and 1 in 12 African search, giving hope to millions affected disease is about 45 years of age. Re- Americans carry the trait; by the disease. Researchers believe searchers have yet to find a cure for Whereas there is a 1 in 4 chance that a child born to parents who both have the that with continued research and fund- this disease. However, there is hope sickle cell trait will have the disease; ing, sickle cell disease may become that sickle cell disease, when properly Whereas the life expectancy of a person more manageable within the next two treated like other chronic diseases, with Sickle Cell Disease is severely limited, decades and no longer interfere with will not interfere with activity,

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.176 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7084 CONGRESSIONAL RECORD — HOUSE September 28, 2010 growth, and development of affected Whereas approximately 15,500,000 children mestic violence should be recognized: Now, children. are exposed to domestic violence every year; therefore, be it Today we recognize the importance Whereas children exposed to domestic vio- Resolved, That— of prevention, treatment, research, and lence are more likely to attempt suicide, (1) the House of Representatives— abuse drugs and alcohol, run away from (A) supports the goals and ideals of Na- education on sickle cell disease and tional Domestic Violence Awareness Month; support the designation of September home, and engage in teenage prostitution; Whereas a large study found that men ex- and as Sickle Cell Disease Awareness posed to physical abuse, sexual abuse, and (B) recognizes the National Safe Child Ini- Month. I urge my colleagues to support adult domestic violence as children were al- tiative as an awareness-raising campaign to this resolution, and I simply want to most 4 times more likely than other men to educate the public about the prevalence and close by saying that this is primarily a have perpetrated domestic violence as problem of child abuse, and commends the disease of African Americans. For adults; National Safe Child Coalition for bringing years it has been known that they tend Whereas women ages 16 to 24 experience awareness to and working to protect chil- to have, by far, the largest number of the highest rates, per capita, of intimate dren from batterers; and (2) it is the sense of the House of Rep- sickle cells in their bodies; and, there- partner violence; Whereas approximately 1 in 3 adolescent resentatives that Congress should continue fore, there is a real demand, a great to raise awareness of domestic violence in need to find out what the source of this girls in the United States is a victim of physical, emotional, or verbal abuse from a dat- the United States and its devastating effects disease is and what can be done to pre- ing partner, a figure that far exceeds victim- on families and communities, and support vent it because it has a dramatic affect ization rates for other types of violence af- programs designed to end domestic violence. on the African Americans in our Na- fecting youth; The SPEAKER pro tempore. Pursu- tion. I urge my colleagues to support Whereas teen girls who are physically and ant to the rule, the gentlewoman from this resolution. sexually abused are up to 6 times more likely Hawaii (Ms. HIRONO) and the gentleman I have no further requests for time, to become pregnant, and more than 2 times from Michigan (Mr. EHLERS) each will and I yield back the balance of my as likely to report a sexually transmitted control 20 minutes. time. disease, than teen girls who are not abused; The Chair recognizes the gentle- Ms. HIRONO. In closing, I too want Whereas 1,500,000 high school students na- woman from Hawaii. to ask my colleagues to support this tionwide experienced physical abuse from a dating partner in a single year; GENERAL LEAVE important resolution, as it affects so Whereas young people who are physically Ms. HIRONO. Mr. Speaker, I request many thousands and thousands of peo- abused perform worse in school; 5 legislative days during which Mem- ple, particularly the African American Whereas adolescent girls who reported dat- bers may revise and extend and insert community. ing violence were 60 percent more likely to extraneous material on House Resolu- With that, I yield back the balance of report one or more suicide attempts in the tion 1637 into the RECORD. my time. past year; The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The Whereas primary prevention programs are objection to the request of the gentle- question is on the motion offered by a key part of addressing teen dating vio- woman from Hawaii? the gentlewoman from Hawaii (Ms. lence, and many successful community ex- There was no objection. amples include education, community out- HIRONO) that the House suspend the reach, and social marketing campaigns that Ms. HIRONO. I yield myself such rules and agree to the resolution, H. account for the cultural appropriateness of time as I may consume. Res. 1663. programs; Mr. Speaker, I rise today in support The question was taken; and (two- Whereas one-quarter to one-half of domes- of House Resolution 1637, which sup- thirds being in the affirmative) the tic violence victims report that they have ports the goals and ideals of National rules were suspended and the resolu- lost a job due, at least in part, to domestic Domestic Violence Awareness Month tion was agreed to. violence; to be recognized this October. National A motion to reconsider was laid on Whereas the annual cost of lost produc- Domestic Violence Awareness Month is the table. tivity due to domestic violence is estimated an important time to raise awareness at $727,800,000 with over 7,900,000 paid work- of domestic violence and its dev- f days lost per year; astating effects on our families and SUPPORTING NATIONAL DOMESTIC Whereas according to the Centers for Dis- communities. In addition, this month VIOLENCE AWARENESS MONTH ease Control and Prevention, in 2003, the offers organizations, social workers, 2010 costs of intimate partner violence exceed $8,300,000,000 and $1,200,000,000 in the value of and public officials a chance to spread Ms. HIRONO. Mr. Speaker, I move to lost lives; the word about the resources which suspend the rules and agree to the reso- Whereas even 5 years after the abuse has help victims seek the help they des- lution (H. Res. 1637) supporting the ended, health care costs of women with a his- perately need. goals and ideals of National Domestic tory of intimate partner violence remain 20 I would like to thank Representa- percent higher than those for women with no Violence Awareness Month 2010 and ex- tives POE and GREEN for introducing pressing the sense of the House of Rep- history of violence; this important measure. And once Whereas in addition to the immediate resentatives that Congress should con- trauma caused by abuse, domestic violence again, I express my support for House tinue to raise awareness of domestic vi- contributes to a number of chronic health Resolution 1637. olence in the United States and its dev- problems, including depression, alcohol, sub- Domestic violence is defined as the willful astating effects on families and com- stance abuse, and sexually transmitted dis- intimidation, assault, battery, sexual assault or munities, and support programs and eases such as HIV/AIDS, and often limits the other abusive behavior perpetrated by an inti- practices designed to prevent and end ability of women to manage other chronic mate partner against another. It is an epidemic domestic violence, as amended. illnesses such as diabetes and hypertension; that affects women, men, and children in The Clerk read the title of the resolu- Whereas men are the perpetrators in at every community regardless of age, sex, eco- tion. least 85 percent of domestic violence cases nomic status, nationality, or educational back- The text of the resolution is as fol- and prevention programs should address their needs; ground. lows: Whereas research demonstrates that men One in four women and one in six men will H. RES. 1637 are willing to help prevent violence against be victims of domestic violence in their life- Whereas domestic violence affects people women, particularly through shaping the at- time, and 151⁄2 million children are abused of all ages as well as racial, ethnic, gender, titudes of younger men and boys; every year. Children exposed to domestic vio- economic, and religious backgrounds; Whereas a multi-State study shows that lence are more likely themselves to commit Whereas females are disproportionately domestic violence shelters are addressing acts of domestic violence when they are victims of domestic violence; victims’ urgent and long-term needs and are adults, and to commit suicide, abuse drugs, Whereas 6 in 10 Native American women helping victims protect themselves and their and engage in teenage prostitution. It is critical will be physically assaulted in their life- children; that our communities have the resources they times; Whereas there is a need to increase funding Whereas on average, more than 3 women for programs aimed at intervening and pre- need both to help prevent domestic violence are murdered by their husbands or boy- venting domestic violence in the United from occurring and to support victims when friends in the United States every day; States; and abuse has occurred. Whereas approximately 40 to 60 percent of Whereas individuals and organizations that During this month, communities and groups men who abuse women also abuse children; are dedicated to preventing and ending do- nationwide hold events to increase awareness

VerDate Mar 15 2010 05:55 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.193 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7085 of domestic violence and the resources avail- I urge my colleagues to support child of God meriting the same kind of able to help victims escape the cycles of vio- House Resolution 1637. consideration that you would want lence. Additionally, these events educate the Mr. Speaker, I yield the balance of your daughter or your mother, if you public about ways to prevent and end abuse. my time to the gentleman from Lou- happen to be a male. We especially recognize the hard work and isiana (Mr. CASSIDY), and I ask unani- I would also add that there have been dedication shown by organizations and individ- mous consent that he be allowed to Federal efforts that should not go un- uals that serve victims of abuse and educate control that time. noticed. This started about 20 years the public about domestic violence prevention. The SPEAKER pro tempore. Is there ago and has continued, and we have Mr. Speaker, I once again express my sup- objection to the request of the gen- had more than just this month. We also port for House Resolution 1637 which recog- tleman from Michigan? had the Violence Against Women Act nizes the month of October as National Do- There was no objection. of 1994, which created a new culture as mestic Violence Awareness Month. Ms. HIRONO. Mr. Speaker, I am it relates to domestic violence. It I reserve the balance of my time. pleased to yield 4 minutes to the gen- helped the police and the judges and Mr. EHLERS. Mr. Speaker, I yield tleman from Texas (Mr. AL GREEN). the prosecutors to understand that this myself such time as I may consume. Mr. AL GREEN of Texas. I would like was more than a personal event that I rise today in support of House Reso- to start by thanking the gentlelady took place. It was something that im- lution 1637, supporting the goals and and the ranking member. I would also pacted society as a whole. And I am ideals of National Domestic Violence like to thank my friend, the sponsor of looking forward to supporting the re- Awareness Month 2010 and expressing this resolution from Texas, Mr. TED authorization of the Violence Again the sense of the House of Representa- POE, a former State district court Women Act in 2010. tives that Congress should continue to judge in the State of Texas, former Family Violence Prevention and raise awareness of domestic violence in prosecutor in Harris County, and some- Services Act, this provides emergency the United States and its devastating one that I have known for more than 20 shelters, crisis intervention programs, effects on families and communities, years. He and I have worked on this ef- and community education. and support families and practices de- fort. It is a collaborative effort and I am also proud to mention the signed to prevent and end domestic vio- this is his year to sponsor and I cospon- American Recovery and Reinvestment lence. sor with him. And I will be honored to Act because this act provided $225 mil- b 1830 sponsor next year and he will, of lion for violence against women in the Women disproportionately experi- course, work with me as a cosponsor of sense that it helped to fund programs ence domestic violence in their lives. this resolution. that will help women who find them- Boys who are exposed to domestic vio- But I want to say this about Mr. POE: selves being victimized. lence are four times as likely to per- This is something that he does, not be- The awareness of domestic violence petrate domestic violence of adults. cause it happens to be legislation. I is growing. I have indicated that judges The cost of intimate partner violence know him from his days as a pros- and prosecutors and police officers—— exceeds $8.33 billion each year. As evi- ecutor, and these cases concerning do- The SPEAKER pro tempore. The dent by these staggering statistics, domestic violence were cases that he time of the gentleman has expired. mestic violence has far-reaching effects took seriously. And I know him from Ms. HIRONO. I yield an additional 1 in our society. his many years as a State district minute to the gentleman. Domestic violence is the willful in- court judge, and I can honestly say, as Mr. AL GREEN of Texas. The con- timidation, assault, battery, sexual as- I look toward him, that these were stabulary, if you will, now understands sault and/or other abusive behavior cases that he took seriously. the importance of treating this as a se- perpetrated by an intimate partner So this is more than just another res- rious issue, and much progress has against another. It is an epidemic that olution for Mr. POE, and for me as well. been made. However, there is still affects individuals in every commu- This is something that we take seri- much to be done. We still have about nity, regardless of age, economic sta- ously because we, as judges, we have 9,000 requests for help that go unno- tus, religion, nationality, educational seen what the results of domestic vio- ticed and unanswered on a daily basis. background or gender. lence can do to a family, what it can do We still have victims who continue to Domestic violence is far-reaching and not only to the person who is actually suffer in silence: 29 women lost their affects men and women of all ages and the victim, but the entire family be- lives in Harris County; 136 Texas backgrounds. Male victims are less comes a victim of domestic violence. women were killed; 11 Texas children likely than women to report violence And I am just honored to have this op- were killed; 92 percent of homeless and seek services, but are often victims portunity to cosponsor the resolution women suffer physical and sexual of domestic violence. Both men and with Mr. POE this year. abuse. women experience the same dynamics The resolution has 41 Democratic and So I will just simply close with this: of interpersonal violence and face Republican cosponsors. Clearly, it is bi- I am honored to be a cosponsor, and I many of the same hurdles thereafter, partisan. It is a resolution that re- am honored that the resolution is including job loss, increased rates of ceives wide support annually, and it is being presented. And I beg that all of drug and alcohol abuse, and increased a resolution that transcends more than my colleagues would please support rates of suicides. party lines. It also transcends lines of this resolution because you are sup- Unfortunately, children are often vic- ethnicity. It transcends the lines of reporting families across the length and timized as the witnesses of domestic ligion. It transcends the lines of busi- breadth of the country. You are keep- abuse. Research has shown that chil- ness, the lines that tend to put us in ing them together, and you are helping dren who witness domestic violence various categories. This resolution to prevent someone from being abused. and living in an environment where vi- transcends all of these lines because Mr. CASSIDY. Mr. Speaker, I yield olence occurs may experience some of the violence that is perpetrated tran- such time as he may consume to the the same trauma as abused children. scends all of these lines. It goes into all gentleman from Texas (Mr. POE). Children who witness domestic vio- walks of life. lence are more likely to become abus- It doesn’t matter what your eco- b 1840 ers as adults and face many of the nomic status is, your social status is. Mr. POE of Texas. I thank the gen- same risk factors as the victims of Domestic violence can impact people tleman for yielding. abuse. at all levels of life. And this resolution It is an honor to once again sponsor Domestic violence affects the victim, hopefully will put enough focus on it, this Domestic Violence Awareness children, the abuser and entire families such that we will continue to admonish Month resolution. and communities. It is important that persons who engage in this kind of in- I want to commend Judge Green for we support the promotion of awareness vidious, abhorrent behavior, admonish working with me on this issue. He did of this issue and those individuals and them to seek counseling, to try to get make one mistake, however. He said we organizations that work to prevent and yourself in a position such that you have known each other for 20 years. end domestic abuse. can treat your fellow human being as a I’m sorry; it has been 30 years since we

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.103 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7086 CONGRESSIONAL RECORD — HOUSE September 28, 2010 were young buck lawyers in the court- Now, Hargrave is serving life in pris- in America be involved in stopping domestic house doing battle in Houston, Texas. on for the assault, setting his wife on violence. There are so many people out there So it has been a long time. fire, but Mrs. Yvette Cade has third-de- that have heard some woman scream in the But he is correct, this is an issue that gree burns over 60 percent of her body. night or seen some child beaten by a father, must continue to come to the aware- She has had 19 surgeries. She survived mother or caregiver and simply done nothing ness of the American people, that do- this brutal attack. She is a remarkable about it. They say to themselves that it is not mestic violence is something that is, woman. She has a spirit that it sur- their business, and so they go on their merry unfortunately, continuing in this coun- prises me she has the spirit that she way, and they feel like this problem will go try. does. away on its own. It doesn’t go away. It only Thirty-five percent of the murder But she is just one of thousands of gets worse and worse and worse until some- victims that were killed in 2008 were people, Mr. Speaker, that are assaulted times people get killed or maimed for life. I killed at the hands of people they in the family, and it continues. We, in know because I have lived through this hell. knew. Intimate partners, 35 percent of this society, must make sure that it is My father was six-foot eight, and my mother them, murdered by people that were socially unacceptable to hurt some- was five-foot-and-a-half inches tall, and he close to them. body in the family. used to beat her so badly that we couldn’t rec- In 2007, crimes by intimate partners My grandmother, who was the most ognize her. He would tear her clothes off of accounted for 23 percent of all crimes influential person in my life, lived to her in front of me and my brother and sister, against women. be the age of 99. Judge Green would and then if we said anything he would beat us In a single day in 2009, 65,000 victims like this: She never forgave me for too. were treated by domestic violence pro- being a Republican. That is a different Thankfully for my family he eventually went grams; but, due to lack of resources issue. But she always said, You never to prison for trying to kill my mother, but one and funding, almost 10,000 were turned hurt somebody you claim you love. of the reasons it went that far, in my opinion, away because there were no resources And that is a true statement, and it al- is because there wasn’t enough attention paid to take care of them. ways has been. You never hurt some- to what he was doing in the first place. We have a growing need and presence body you claim you love. We need to I can remember one night about 2 o’clock in of domestic violence shelters through- send that message out throughout the the morning, my mother, who had been beat- out the country, and they have fewer Nation, especially in these family situ- en up, took me and my brother and sister and fewer resources to take care of ations. And young males need to under- down to the police station in Indianapolis, and these women who seek refuge from stand that if they get in a relationship she went to the desk sergeant and said to someone that they knew who has been with a young woman that they never him, you know, she wanted to get a restrain- trying to assault them or has suc- hurt them if they claim they love ing order, get away from this brute and this ceeded in assaulting them. them. brutality. And the desk officer said, you know Congress must, of course, pass the re- So it is an honor for me to support what time it is, lady? It’s 2 o’clock in the morn- authorization of the Family Violence this. I honor also and recognize the Na- ing, and these kids ought to be in bed. If you Prevention and Services Act. Victim tional Coalition Against Domestic Vio- don’t take these kids home right now, I’m service providers are on the front lines lence, all those wonderful organiza- going to arrest you for child abuse. That was of defense against domestic violence, tions that are out there taking care the attitude that we saw back in those days. and this funding is vital to the treat- mainly of women who find themselves I can remember when she would throw a ment and reduction of domestic vio- in desperate situations because some- lamp through the front window when he was lence. one that supposedly loved them treated beating on her, or me, and scream for help so I spent all of my legal career before them so badly. loud that you could hear it for blocks away coming here as a prosecutor and a Mr. CASSIDY. I yield back the bal- and nobody came. Nobody’s light went on. criminal court judge, so I was always ance of my time. Nobody paid any attention. That is the crime! in the courthouse doing criminal cases, Ms. HIRONO. In closing, Mr. Speak- The crime isn’t just the wife abuse or child and I saw the result of what happens er, it is very clear, and I thank my col- abuse or spousal abuse. The crime is that when people in family situations com- leagues for their very strong remarks people don’t take it upon themselves to stop mit crimes against other family mem- in support of this resolution, because it. bers. It is something that has to cease domestic violence truly knows no Today, police departments have improved in this country, and it is also some- bounds; and the women, children, and across this country; and there are a lot of or- thing that we, as a community, need to seniors who are the most vulnerable in ganizations that are trying to help men, be aware of. Unfortunately, many our communities, who are generally women and kids who are abused, and that’s times courts don’t take these cases se- the victims of domestic violence, need great. It’s a great step in the right direction, riously. our support and our help. So I again but as the statistics that we’ve heard today tell One of my favorite people is Yvette urge my colleagues to support House you, the violence still goes on and on and on. Cade from Baltimore, Maryland. Resolution 1637. The only way it’s going to stop is, if collec- Yvette Cade was a real person, still is Mr. BURTON of Indiana. Mr. Speaker, I rise tively across this country, men and women a real person. And all these cases are in strong support of House Resolution 1637, who see violence in public or in private or about real people, Mr. Speaker. expressing the support of the House of Rep- hear about it, report it to the police, report it On October 10, 2005, Yvette Cade’s es- resentatives of the goals and ideals of Na- to the proper people and get that perpetrator tranged husband—Roger Hargrave is tional Domestic Violence Awareness month. I away from that man and that woman and his name. He and his wife were not get- would like to thank the Chairman and Ranking those kids. If we don’t do that, this is never ting along, so he sought her out. He Member of the Education and Labor Com- going to stop. The perpetrator has to be afraid went to the business where she worked, mittee for bringing this resolution to the Floor; of what’s going to happen to him or her. a video store, walked inside with a bot- and I would also like to thank Representative And so I’d like to say to my colleagues, this tle full of gasoline, came up to her, and TED POE—author of the resolution—for his is very important legislation. I really appreciate he poured that gasoline over her head tireless efforts to raise awareness of the it. I’m glad that we sponsor this every year, and he set her on fire. Yvette Cade, a scourge of domestic violence. and I encourage everyone to vote in favor of victim of domestic violence. I am proud to be a cosponsor of this resolu- this resolution. We need to make sure there’s She survived that brutal assault, tion because domestic violence for me is not awareness of this violence. Only by shining and, thanks to a passerby that saw this an abstract concept. I have lived through do- the light of day on it can we eliminate this happen, the fire was put out in the mestic violence and I think it is important for scourge once and for all. parking lot. The judge involved in this people to hear my story and understand the Mr. BOSWELL. I rise today to bring to light case, Prince George’s County Judge human side of this problem. My colleagues my concerns about the growing epidemic of Richard Palumbo, had already lifted a who spoke before me did an excellent job lay- domestic violence in our country, and to vehe- protective order against Hargrave. If ing out the statistics but the numbers do not mently voice my support for H. Res. 1637, he had not lifted that protective order fully express what it’s like to survive domestic commemorating October as Domestic Vio- to keep him away from his estranged violence. lence Awareness Month. wife, she may not have had this brutal I have said this before but I can’t stress this Domestic violence, sexual assault, dating vi- assault committed against her. point enough: it is so important that everybody olence and stalking are crimes of epidemic

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.199 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7087 proportions that impact millions of individuals Whereas learning and development are di- The SPEAKER pro tempore. Is there and every community in our Nation. To ad- rectly linked to the mental health of chil- objection to the request of the gentle- dress and prevent these crimes, the Federal dren, and a supportive learning environment woman from Hawaii? is an optimal place to promote mental There was no objection. Government created the Violence Against health; Women Act (VAWA) and the Family Violence Whereas sound psychological principles are Ms. HIRONO. I yield myself such Prevention and Services Act (FVPSA). VAWA critical to proper instruction and learning, time as I may consume. programs administered by the Departments of social and emotional development, preven- Mr. Speaker, I rise today in support Justice (DOJ) and Health and Human Serv- tion and early intervention, and support for of House Resolution 1645, which honors ices (HHS) have changed Federal, tribal, State a culturally diverse student population; and recognizes the contributions of and local responses to these four crimes. Whereas school psychologists are specially school psychologists in our Nation’s In 2007, crimes by intimate partners ac- trained to deliver mental health services and education system by designating the academic support that lowers barriers to counted for 23 percent of all violent crimes week of November 8, 2010, as National learning and allows teachers to teach more School Psychology Week. against females and 3 percent of all violent effectively; crimes against males. This rate jumped in Whereas school psychologists facilitate School psychologists are mental 2008, when 35 percent of female murder vic- collaboration that helps parents and edu- health professionals with specialized tims were killed by an intimate partner. These cators identify and reduce risk factors, pro- training who understand that many staggering statistics are just a few examples mote protective factors, create safe schools, students face barriers to learning and of how serious this problem has become. and access community resources; need additional support to overcome These figures compel us to raise awareness in Whereas school psychologists are trained these barriers and improve academic to assess barriers to learning, utilize data- the health care community about the dev- and behavioral outcomes. There are based decision making, implement research more than 35,000 credentialed school astating effect that domestic violence has on driven prevention and intervention strate- families and communities. gies, evaluate outcomes, and improve ac- psychologists in this country who are The current economic crisis has a dis- countability; essential in helping children succeed in proportionately high and devastating impact on Whereas State educational agencies and school. victims of domestic violence, sexual assault, other State entities credential more than National School Psychology Week re- dating violence and stalking. When victims of 35,000 school psychologists who practice in minds us of the integral role school these heinous acts take the difficult step to schools in the United States as key profes- psychologists play daily in our schools sionals that promote the learning and men- reach out for help, many are in life-threatening to help ensure that our students have tal health of all children; an opportunity to reach his or her full situations and must be able to find immediate Whereas the National Association of refuge. Given the dangerous and potentially School Psychologists establishes and main- potential. lethal nature of these crimes, we cannot afford tains high standards for training, practice, I would like to thank Representative to ignore these victims’ needs. and school psychologist credentialing, in col- LOEBSACK for introducing this impor- We in Congress continue to support the De- laboration with organizations such as the tant measure and, once again, express partment of Justice and the Department of American Psychological Association, that my support for House Resolution 1645. Health and Human Services as they continue promote effective and ethical services by The work of school psychologists helps re- school psychologists to children, families, duce high school dropout rates, decreases their efforts to put an end to domestic violence and schools; in our country. problem behaviors, and promotes academic Whereas the National Association of success. School psychologists work together I urge my colleagues to continue to raise School Psychologists has a Model for Com- awareness about this grave issue by sup- prehensive and Integrated School Psycho- with youth, parents, and educators to identify porting H. Res. 1637 and designating October logical Services that promotes standards for and reduce risk factors, create safe schools, as Domestic Violence Awareness Month. the consistent delivery of school psycho- and access community resources. Ms. HIRONO. I yield back the bal- logical services to all students in need; Mental health professionals in the academic ance of my time. Whereas the people of the United States setting, including school psychologists, can The SPEAKER pro tempore. The should recognize the vital role school psy- play an important role in increasing a student’s chologists play in the personal and academic question is on the motion offered by engagement in school. The results of this work development of the Nation’s children; and can be seen in absolute, concrete terms. Re- the gentlewoman from Hawaii (Ms. Whereas the week beginning on November HIRONO) that the House suspend the 8, 2010, would be an appropriate week to des- search points to higher standardized test rules and agree to the resolution, H. ignate as National School Psychology Week: scores and better grades as well as de- Res. 1637, as amended. Now, therefore, be it creased absences and discipline referrals. The question was taken; and (two- Resolved, That the House of Representa- School psychologists are a vital resource in thirds being in the affirmative) the tives— helping us narrow the achievement gap and rules were suspended and the resolu- (1) supports the designation of National reducing disproportionate representation of tion, as amended, was agreed to. School Psychology Week; students from diverse backgrounds in special (2) honors and recognizes the contributions education. A motion to reconsider was laid on of school psychologists to the success of stu- the table. Mr. Speaker, I once again express my sup- dents in schools across the United States; port for House Resolution 1645 which recog- f and (3) encourages the people of the United nizes the week of November 8th as National SUPPORTING NATIONAL SCHOOL States to observe the week with appropriate School Psychology Week. PSYCHOLOGY WEEK ceremonies and activities that promote I urge my colleagues to join me in support Ms. HIRONO. Mr. Speaker, I move to awareness of the vital role school psycholo- of the resolution. gists play in schools, in the community, and I reserve the balance of my time. suspend the rules and agree to the reso- in helping students develop into successful Mr. CASSIDY. Mr. Speaker, I yield lution (H. Res. 1645) expressing support and productive members of society. myself such time as I may consume. for designation of the week beginning I rise today in support of House Reso- on November 8, 2010, as National The SPEAKER pro tempore. Pursu- lution 1645, expressing support for des- School Psychology Week. ant to the rule, the gentlewoman from ignation of the week beginning on No- The Clerk read the title of the resolu- Hawaii (Ms. HIRONO) and the gentleman vember 8, 2010, as National School Psy- tion. from Louisiana (Mr. CASSIDY) each will chology Week. The text of the resolution is as fol- control 20 minutes. National School Psychology Week lows: The Chair recognizes the gentlewoman from Hawaii. takes place from November 8 to No- H. RES. 1645 vember 12 this year. Recognizing Na- Whereas all children and youth learn best GENERAL LEAVE tional School Psychology Week pro- when they are healthy, supported, and re- Ms. HIRONO. Mr. Speaker, I ask motes the importance of providing sup- ceive an education that meets their indi- unanimous consent that Members be port for students to help to create a vidual needs; Whereas schools can more effectively en- granted 5 legislative days to revise and healthy, safe, and positive learning ensure that all students are ready and able to extend and insert extraneous material vironment and to help remove aca- learn if schools meet all the needs of each on House Resolution 1645 into the demic and personal barriers to stu- student; RECORD. dents’ success.

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.106 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7088 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The role of school psychologists is diers, and families to form collaborations that priority consideration to services and pro- verse. School psychologists may help meet the educational needs of our children. grams (approved by the appropriate State deliver mental health services as well The National Association of School Psycholo- agency and local board in conjunction with as academic support. These individuals section 122) that lead to a credential that is gists establishes and maintains high standards in high demand in the local area served and may also help to assess students to de- for training, practice, and school psychologist listed in the registry described in section 3(b) termine what learning barriers they credentialing. School psychologists play a spe- of the AMERICA Works Act.’’. face and how best to address those bar- cial role in promoting child development, moti- (2) YOUTH ACTIVITIES.—Section 129(c)(1)(C) riers. vating students, and forming collaborations be- of the Workforce Investment Act of 1998 (29 b 1850 tween teachers, families, and administrators. U.S.C. 2854(c)(1)(C)) is amended— I take this time to especially thank the (A) by redesignating clauses (ii) through The theme of this year’s National school psychologists in my home state of (iv) as clauses (iii) through (v), respectively; School Psychology Week is ‘‘today is a Georgia for all of their hard work and dedica- and good day to shine.’’ This theme focuses (B) inserting after clause (i) the following: tion. I encourage all of my constituents in the on highlighting the positive work ‘‘(ii) training (with priority consideration Fourth District to join in recognizing school school psychologists do to promote stu- given to programs that lead to a credential psychologists and the vital role they have in dents’ academic and personal success. that is in high demand in the local area educating our children. served and listed in the registry described in We recognize National School Psy- I join the Chairman in urging my colleagues section 3(b) of the AMERICA Works Act, if chology Week to show our support for the local board determines that such pro- the efforts school psychologists make to support this resolution. Mr.CASSIDY. I yield back the bal- grams are available and appropriate);’’. to create a healthy, safe, and positive ance of my time. (b) CAREER AND TECHNICAL EDUCATION.— learning environment. I stand in sup- (1) STATE PLAN.—Section 122(c)(1)(B) of the Ms. HIRONO. Mr. Speaker, in closing, port of this resolution. Carl D. Perkins Career and Technical Edu- Mr. LOEBSACK. Mr. Speaker, I rise today in I would once again urge my colleagues cation Act of 2006 (20 U.S.C. 2342(c)(1)(B)) is support of H. Res. 1645, designating the week to support House Resolution 1645. It amended by striking the semicolon at the of November 8th as National School Psy- takes many people to enable a child to end and inserting the following: ‘‘and, with chology Week. I introduced this Resolution in succeed, and school psychologists are respect to programs of study leading to an industry-recognized credential or certificate, support of National School Psychology Week definitely among those. I yield back the balance of my time. will give priority consideration to programs because, were it not for caring adults in my of study that— school and my community, I would not be The SPEAKER pro tempore. The question is on the motion offered by ‘‘(i) lead to an appropriate (as determined where I am today. I know from my own child- by the eligible agency) skills credential hood how circumstances outside school can the gentlewoman from Hawaii (Ms. (which may be a certificate) that is in high affect a student’s performance in the class- HIRONO) that the House suspend the demand in the area served and listed in the room, so I believe it is extremely important rules and agree to the resolution, H. registry described in section 3(b) of the that our schools have professionals trained to Res. 1645. AMERICA Works Act; and meet students’ nonacademic needs. The question was taken; and (two- ‘‘(ii) may provide a basis for additional credentials, certificates, or degrees;’’. School psychologists perform a myriad of thirds being in the affirmative) the (2) USE OF LOCAL FUNDS.—Section 134(b) of functions within schools. They work with stu- rules were suspended and the resolution was agreed to. the Carl D. Perkins Career and Technical dents to improve social, emotional, and behav- Education Act of 2006 (20 U.S.C. 2354(b)) is ioral problems that may affect their ability to A motion to reconsider was laid on amended— succeed in school, assess barriers to learning, the table. (A) in paragraph (11), by striking ‘‘; and’’ and design and implement behavioral inter- f and inserting a semicolon; (B) in paragraph (12)(B), by striking the pe- ventions that help teachers create positive AMERICAN MANUFACTURING EFFI- classroom environments. riod and inserting ‘‘; and’’; and CIENCY AND RETRAINING IN- (C) by adding at the end the following: That is why I would like to take this oppor- VESTMENT COLLABORATION tunity to honor and recognize the profes- ‘‘(13) describe the career and technical edu- ACHIEVEMENT WORKS ACT cation activities supporting the attainment sionals that work so hard for our children and Ms. HIRONO. Mr. Speaker, I move to of industry-recognized credentials or certifi- grandchildren in schools across the country. cates, and how the eligible recipient, in se- Your efforts on behalf of our nation’s students suspend the rules and pass the bill lecting such activities, gave priority consid- are appreciated. (H.R. 4072) to require that certain Fed- eration to activities supporting high-demand Mr. JOHNSON of Georgia. Mr. Speaker, I eral job training and career education registry skill credentials described in section rise today to applaud the actions of the House programs give priority to programs 122(c)(1)(B)(i).’’. of Representatives in honoring and recog- that provide a national industry-recog- (3) TECH-PREP PROGRAMS.—Section nizing the contributions of school psycholo- nized and portable credential, as 203(c)(2)(E) of the Carl D. Perkins Career and gists by designating the week of November 8, amended. Technical Education Act of 2006 (20 U.S.C. 2010 as National School Psychology Week. I The Clerk read the title of the bill. 2373(c)(2)(E)) is amended by striking ‘‘industry-recognized credential, a certificate,’’ and proudly support H. Res. 1645 and urge my The text of the bill is as follows: inserting ‘‘industry-recognized credential or colleagues to support this important piece of H.R. 4072 certificate (such as a high-demand registry legislation. Be it enacted by the Senate and House of Rep- skill credential described in section During the week of November 8, 2010, we resentatives of the United States of America in 122(c)(1)(B)(i)),’’. will celebrate the critical role that school psy- Congress assembled, SEC. 3. SKILL CREDENTIAL REGISTRY. chologists have in our nation’s education sys- SECTION 1. SHORT TITLE. (a) DEFINITIONS.—In this section: tem. It is imperative that our nation’s children This Act may be cited as the ‘‘American (1) COVERED PROVISION.—The term ‘‘covered receive a complete education. While it is es- Manufacturing Efficiency and Retraining In- provision’’ means any of sections 129 and 134 sential that our children take reading, writing, vestment Collaboration Achievement Works of the Workforce Investment Act of 1998 (29 and arithmetic, a complete education includes Act’’ or the ‘‘AMERICA Works Act’’. U.S.C. 2854, 2864) and section 122(c)(1)(B) of proper social, emotional, and mental develop- SEC. 2. INDUSTRY-RECOGNIZED AND NATION- the Carl D. Perkins Career and Technical ALLY PORTABLE CREDENTIALS FOR Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)). ment. School psychologists ensure that our JOB TRAINING PROGRAMS. (2) INDUSTRY-RECOGNIZED.—The term ‘‘in- nation’s children are receiving the mental (a) WORKFORCE INVESTMENT ACT OF 1998.— dustry-recognized’’, used with respect to a health and psychological development they (1) GENERAL EMPLOYMENT AND TRAINING AC- credential, means a credential that— need to prosper in this world. School psy- TIVITIES.—Section 134(d)(4)(F) of the Work- (A) is sought or accepted by companies chologists work with teachers, coaches, and force Investment Act of 1998 (29 U.S.C. within the industry sector involved as recog- guidance counselors to educate the whole 2864(d)(4)(F)) is amended by adding at the end nized, preferred, or required for recruitment, child. School psychologists play a vital role in the following: screening, or hiring; and the lives of our nation’s children as they are ‘‘(iv) PRIORITY FOR PROGRAMS THAT PROVIDE (B) is endorsed by a nationally recognized AN INDUSTRY-RECOGNIZED AND NATIONALLY trade association or organization rep- often the first and only mental health profes- PORTABLE CREDENTIAL.—In selecting and ap- resenting a significant part of the industry sionals with which our children come in con- proving training services, or programs of sector. tact. training services, under this section, a one- (3) NATIONALLY PORTABLE.—The term ‘‘na- School psychologists are highly trained indi- stop operator and employees of a one-stop tionally portable’’, used with respect to a viduals that work directly with students, teach- center referred to in subsection (c) shall give credential, means a credential that is sought

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.203 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7089 or accepted by companies within the indus- ployment will remain high for months to come. the context of a larger reauthorization try sector involved, across multiple States, Despite current unemployment, employers discussion is important to ensuring the as recognized, preferred, or required for re- continue to report a skills gap. Manufacturing, future of the American workforce. We cruitment, screening, or hiring. healthcare, and energy sectors in particular need to take a comprehensive approach (4) WORKFORCE INVESTMENT ACTIVITIES.— The term ‘‘workforce investment activities’’ are finding it difficult to match workers with to workforce development and not ap- has the meaning given the term in section skills and industry-recognized credentials with proach these problems in a piecemeal 101 of the Workforce Investment Act of 1998 employers that have job openings. As the eco- fashion. (29 U.S.C. 2801). nomic outlook continues to stabilize, we must I reserve the balance of my time. (b) REGISTRY.— continue to take measures to bring about a full Ms. HIRONO. Mr. Speaker, I am (1) IN GENERAL.—Not later than 120 days recovery, including investments in strength- pleased to yield such time as he may after the date of enactment of this Act, the ening our Nation’s workforce. consume to the gentleman from Idaho Secretary of Labor (referred to in this sec- (Mr. MINNICK). tion as the ‘‘Secretary’’) shall create a reg- One of the best ways to prepare today’s istry of skill credentials (which may be cer- workforce for today’s fast-paced changing Mr. MINNICK. Mr. Speaker, I rise in tificates), for purposes of enabling programs global economy is to offer training in industry support of H.R. 4072, the AMERICA that lead to such a credential to receive pri- recognized skills. This bill invests in training Works Act. This is a bill that would di- ority under a covered provision. towards industry-recognized portable creden- rect the use of already-appropriated (2) REGISTRY.—The Secretary shall— tials, to help students build the skill sets need- funds within the Carl Perkins Voca- (A) list the credential in the registry if the ed to fill specialized in-demand jobs. tional Technical Education Act to pre- credential is required by Federal or State Industry-recognized credentials exist in pare American workers with the skills law for an occupation (such as a credential many sectors of our economy. In manufac- necessary to qualify for the increas- required by a State law regarding qualifications for a health care occupation); turing, industry leaders all across this sector ingly high-tech jobs available in the (B) list the credential in the registry if the have endorsed a system of skills certification 21st century. It would do so by making credential is a credential from the Manufac- for entry level workers. According to the presi- available Federal funds from these pro- turing Institute-Endorsed Manufacturing dent of the Minneapolis Federal Reserve grams to obtain nationally recognized Skills Certification System; and Bank, addressing the current skills mismatch industry credentials acceptable any- (C) list the credential, and list an updated could reduce national unemployment from 9.6 where in the country. credential, in the registry if the credential percent to as low as 6.5 percent. This bill Under this bill, training would con- involved is an industry-recognized, nation- complements current sector approaches that tinue to be done by technical schools, ally portable credential that is consistent universities, and union-sponsored jour- with the Secretary’s established industry modernize our workforce system, aligning job competency models and is consistently up- training strategies that help individuals im- neyman programs in coordination with dated through third party validation to re- prove their skills to find good jobs and employ- companies and business groups. A weld- flect changing industry competencies. ers hire skilled workers. er trained in a junior college in Mary- (c) RULE OF CONSTRUCTION.—Nothing in Mr. Speaker, I want to thank Rep- land would have a certificate quali- this Act shall be construed to require an en- resentative MINNICK and the cosponsors fying him to work in a machine shop in tity with responsibility for selecting or ap- of H.R. 4072 for bringing this bill for- Idaho. An AmeriCorps trained diesel proving an education, training, or workforce ward. I urge my colleagues to support mechanic in my State could get an investment activities program with regard to a covered provision, to select a program this bill. auto mechanic’s job in yours. with a credential listed in the registry de- Mr. Speaker, I reserve the balance of American workers are the best in the scribed in subsection (b). my time. world. They are resilient, innovative SEC. 4. EFFECTIVE DATE. Mr. CASSIDY. Mr. Speaker, I yield and hardworking, but they must be This Act, and the amendments made by myself such time as I may consume. properly trained and have widely ac- this Act, take effect 120 days after the date Mr. Speaker, I rise today in support cepted and understood credentials of enactment of this Act. of H.R. 4072, the American Manufac- making them employable anywhere. The SPEAKER pro tempore. Pursu- turing Efficiency and Retraining In- This bill will ensure that Federal job ant to the rule, the gentlewoman from vestment Collaboration Act, or the training is used to provide hard- Hawaii (Ms. HIRONO) and the gentleman AMERICA Works Act. working Americans desiring training from Louisiana (Mr. CASSIDY) each will H.R. 4072 amends provisions in the with the certificates, degrees, and cre- control 20 minutes. Workforce Investment Act, or WIA, dentials American industry needs to The Chair recognizes the gentle- and in the Perkins Career and Tech- fill the sophisticated technical jobs woman from Hawaii. nical Education Act to highlight indus- available in today’s business world. GENERAL LEAVE try-recognized credentialing, especially I thank my colleague from Louisiana Ms. HIRONO. Mr. Speaker, I request those in high-demand professions. for his support and the gentlewoman 5 legislative days during which Mem- This bill would require One-Stop Ca- from Hawaii for her leadership, and bers may revise and extend and insert reer Centers to give priority to train- urge my colleagues to support this bi- extraneous material on H.R. 4072 into ing programs that result in partici- partisan commonsense legislation. the RECORD. pants receiving an industry-recognized Mr. CASSIDY. Mr. Speaker, I yield The SPEAKER pro tempore. Is there credential for a high-demand profes- back the balance of my time. objection to the request of the gentle- sion in the locality these centers serve. Ms. HIRONO. Mr. Speaker, in closing, woman from Hawaii? This bill also requires schools to in- I would once again urge my colleagues There was no objection. clude in their career and technical edu- to support the AMERICA Works Act. Ms. HIRONO. I yield myself such cation plans a description of how the At a time when unemployment is high, time as I may consume. Career and Technical Education Pro- we need to do everything we can to en- Mr. Speaker, I rise today in support gram will assist students in earning an able our workers not only to be of H.R. 4072, the American Manufac- industry-recognized credential or cer- trained, but to be able to utilize that turing Efficiency and Retraining In- tification. training anywhere in our country. vestment Collaboration Act, or AMER- This bill makes some positive steps I yield back the balance of my time. ICA Works Act. This bill would direct towards encouraging students and job The SPEAKER pro tempore. The the use of the Workforce Investment seekers to pursue training that leads to question is on the motion offered by Act funds for programs that provide a industry-recognized credentials which the gentlewoman from Hawaii (Ms. national industry-recognized and port- could increase participants’ chances of HIRONO) that the House suspend the able credential certificate or degree. obtaining a job in a given profession. rules and pass the bill, H.R. 4072, as It would also encourage industry-rec- However, H.R. 4072 amends only a amended. ognized credentials that are nationally very small portion of the Workforce In- The question was taken. recognized and portable under the Carl vestment Act, which is 8 years overdue The SPEAKER pro tempore. In the D. Perkins Career and Technical Edu- for reauthorization. This bill would opinion of the Chair, two-thirds being cation Act. amend a provision without reauthor- in the affirmative, the ayes have it. Since May, the jobless rate has stayed izing other important aspects of the Ms. HIRONO. Mr. Speaker, on that I about the same and economists predict unem- law. Considering these changes within demand the yeas and nays.

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.110 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7090 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The yeas and nays were ordered. secure a federal contact, and receive RECOGNIZING THE NATIONAL WA- The SPEAKER pro tempore. Pursu- expert technical assistance. TERWAYS CONFERENCE ON ITS ant to clause 8 of rule XX and the The SBA is unique in that many of 50TH ANNIVERSARY Chair’s prior announcement, further its programs work through resource Mr. SCHAUER. Mr. Speaker, I move proceedings on this motion will be partners. These partners, including to suspend the rules and agree to the postponed. training centers and community banks, resolution (H. Res. 1639) recognizing f are essential to the delivery of the the contributions of the National Wa- agency’s services to the small business terways Conference on the occasion of TEMPORARY EXTENSION OF community. its 50th anniversary, and for other pur- SMALL BUSINESS PROGRAMS poses. ´ Ms. VELAZQUEZ. Mr. Speaker, I b 1900 The Clerk read the title of the resolu- move to suspend the rules and pass the tion. bill (S. 3839) to provide for an addi- Through this public-private network, The text of the resolution is as fol- tional temporary extension of pro- entrepreneurs are able to gain access lows: grams under the Small Business Act to resources nationwide with the H. RES. 1639 and the Small Business Investment Act knowledge that the SBA stands behind Whereas the Corps of Engineers (Corps) is of 1958, and for other purposes. these tools and services. This combina- the Nation’s premier water resources agency, The Clerk read the title of the bill. tion is a powerful one for small busi- charged by the Congress with responsibility The text of the bill is as follows: nesses, and it is the reason we need to over its 3 principal mission areas of naviga- extend the agency. tion, flood damage reduction, and environ- S. 3839 In the House, we have passed 14 bills mental restoration; Be it enacted by the Senate and House of Rep- since the beginning of the 111th Con- Whereas the Corps is responsible for the resentatives of the United States of America in maintenance of more than 11,000 miles of Congress assembled, gress. However, because we have not channels in 41 States for commercial naviga- SECTION 1. ADDITIONAL TEMPORARY EXTEN- completed work with the Senate on tion, the operation of locks at 230 individual SION OF AUTHORIZATION OF PRO- these matters, we must extend the sites, the maintenance of over 300 deep-draft GRAMS UNDER THE SMALL BUSI- SBA’s programs. This legislation will commercial harbors and over 600 shallow- NESS ACT AND THE SMALL BUSI- draft, coastal, and inland harbors, and the NESS INVESTMENT ACT OF 1958. make certain that the SBA keeps operating. We cannot afford any of these maintenance of over 8,500 miles of flood dam- (a) IN GENERAL.—Section 1 of the Act enti- age reduction structures, including levees; tled ‘‘An Act to extend temporarily certain services to lapse just as our recovery is getting off the ground. Whereas the vast array of navigation and authorities of the Small Business Adminis- flood damage reduction infrastructure is im- tration’’, approved October 10, 2006 (Public I urge my colleagues to vote ‘‘yes,’’ portant to the security and vitality of the Law 109–316; 120 Stat. 1742), as most recently and I reserve the balance of my time. Nation’s economy and overall prosperity; amended by section 1 of Public Law 111–214 Whereas the Corps’ environmental restora- (124 Stat. 2346), is amended by striking ‘‘Sep- Mr. CASSIDY. I yield myself such time as I may consume. tion mission seeks to achieve environmental tember 30, 2010’’ each place it appears and in- sustainability, to promote balance and syn- serting ‘‘January 31, 2011’’. Mr. Speaker, I rise today in support ergy among human development activities (b) EFFECTIVE DATE.—The amendments of the chairwoman’s request to suspend and natural systems, and to maintain a made by subsection (a) shall take effect on the rules and pass S. 3839. The legisla- healthy, diverse, and sustainable condition September 29, 2010. tion provides a 4-month extension of necessary to support life; The SPEAKER pro tempore. Pursu- all of these Small Business Adminis- Whereas the authorization for critical ant to the rule, the gentlewoman from tration’s programs until January 31, navigation, flood damage reduction, environ- New York (Ms. VELA´ ZQUEZ) and the 2011. This is a necessary measure as the mental restoration, and other water-related gentleman from Louisiana (Mr. extension we passed last July expires projects and studies carried out by the Corps is typically included in a water resources de- CASSIDY) each will control 20 minutes. September 30. velopment act; The Chair recognizes the gentle- America’s small businesses are strug- Whereas throughout the Corps’ history, woman from New York. gling in this tough economy. Employ- water resources development acts have pro- GENERAL LEAVE ers are having a tough time accurately vided the Corps with the authority to carry Ms. VELA´ ZQUEZ. Mr. Speaker, I ask predicting costs and revenues, making out nationally significant projects that have unanimous consent that all Members them hesitant to hire new workers or improved the economic prosperity of the Na- have 5 legislative days to revise and ex- tion, have protected its citizenry from the to take steps to expand their busi- threat of flooding and coastal storms, and tend their remarks and include extra- nesses. have put in place environmental restoration neous material on the bill under con- It is time to show our small business efforts for many of the Nation’s national sideration. owners that we recognize and support treasures; The SPEAKER pro tempore. Is there the essential roles that they play in Whereas it is the tradition of the House of objection to the request of the gentle- our economy. We can do so by approv- Representatives to consider a water re- woman from New York? ing this temporary extension of SBA sources development act in every Congress to address current and future needs for There was no objection. programs, and then we must continue Ms. VELA´ ZQUEZ. Mr. Speaker, I water-related projects and policy changes, our work by crafting and implementing including the historic override of a Presi- yield myself such time as I may con- a more thoughtful and complete reau- dential veto of the Water Resources Develop- sume. thorization of these critical programs. ment Act of 2007 (Public Law 110–114); Mr. Speaker, the role of small busi- Again, I support the chairwoman’s Whereas continued and increased invest- nesses in moving the economy forward request to pass S. 3839, and I urge all ment in the Nation’s water-related infra- has never been more important. Mak- Members to vote for the measure. structure is essential for meeting the crit- ing up over 99 percent of all U.S. firms, ical navigation, flood damage reduction, en- I yield back the balance of my time. vironmental restoration, and other water-re- they are critical to innovation, wealth ´ creation, and, most importantly, em- Ms. VELAZQUEZ. I yield back the lated needs of the Nation, as well as to ensure the economic security and quality of ployment gains. balance of my time. The SPEAKER pro tempore. The life of American families; As the economy continues to show Whereas the National Waterways Con- signs of resurgence, we need to make question is on the motion offered by ference was established in 1960 to advocate certain that entrepreneurs have the the gentlewoman from New York (Ms. before the Congress for ‘‘common-sense right tools to make the most out of the VELA´ ZQUEZ) that the House suspend the water resources policies that maximize the recovery. The legislation before us ex- rules and pass the bill, S. 3839. economic and environmental value’’ of the tends the authorization of the several The question was taken; and (two- Nation’s inland, coastal, and Great Lakes important Small Business Administra- thirds being in the affirmative) the waterways; rules were suspended and the bill was Whereas the Conference supports contin- tion programs which are key to sup- ued congressional attention in meeting the porting entrepreneurs across the coun- passed. Nation’s water-related needs, including navi- try. Through the agency’s initiatives, A motion to reconsider was laid on gation, flood damage reduction and risk entrepreneurs are able to get a loan, the table. management, environmental protection and

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.209 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7091 restoration, hydroelectric power, recreation, Mr. Speaker, I rise today to honor Investment in our water-related infrastruc- and water supply; the National Waterways Conference on ture should be one of those areas where we Whereas the Conference is guided by the their 50th anniversary. can come together as a nation—to meet the purpose of promoting a better understanding The United States Army Corps of En- of the public value of the United States wa- ever-growing challenges facing our Nation. As terways system and to document the impor- gineers operates and maintains more in the past, with the historic override of the tance of farsighted navigation and water re- than 12,000 miles of commercial inland Presidential veto of the Water Resources De- sources policies to a vibrant economy, indus- channels—12,000 miles. The Corps of velopment Act of 2007, this Congress has a trial and agricultural productivity, regional Engineers maintains waterways lead- history of transcending our political differences development, environmental quality, energy ing to 926 coastal, Great Lakes and in- to address the needs of the Nation. conservation, international trade, defense land harbors, which are things that we I look forward to continuing this work with preparedness, and the overall national inter- take for granted every single day re- my colleagues, and on completing our efforts est; on the Water Resources Development Act of Whereas the Conference strives to main- garding our economy. So I am actually tain a diverse membership that reflects pleased to be here today, speaking on 2010, which was approved by the Committee many of the uses of the Nation’s waterways, behalf of this recognition and, again, of before the August District Work period. including flood control associations, levee this 50th anniversary. Similarly, I join my colleagues in com- boards, waterways shippers and carriers, in- Ms. EDDIE BERNICE JOHNSON of Texas. mending the work of the National Waterways dustry and regional associations, port au- Mr. Speaker, this resolution recognizes the Conference in the furtherance of our efforts to thorities, shipyards, dredging contractors, 50th anniversary of the National Waterways move water resources bills on a biennial regional water districts, engineering con- basis. Throughout its 50-year history, the Con- sultants, and local governments; Conference—an organization founded as a national advocate for effective policy and ro- ference has been an effective National advo- Whereas the Conference has been a con- cate for water resources policy and law, as sistent advocate for continued investment in bust funding to meet our Nation’s water-re- the Nation’s water-related infrastructure, in- lated infrastructure needs. I commend the well as a strong supporter for robust funding cluding its strong support for robust appro- gentleman from Illinois (Mr. HARE) for intro- of the authorities for the Corps of Engineers. priations for the Corps of Engineers’ Civil ducing this resolution. Fundamental to this effort is the Con- Works program; This resolution recognizes the valuable work ference’s attempts to maintain a diverse mem- Whereas the Conference serves as an effec- of the National Waterways Conference, and bership that reflects many of the uses of the tive national advocate for water resources- Nation’s waterways, including flood control as- related policy and law; and congratulates them on marking 50 years of effective advocacy for meeting the Nation’s sociations, levee boards, waterways shippers Whereas the Conference recognizes that and carriers, industry and regional associa- regular authorization of a water resources water-related infrastructure challenges. development act is ‘‘essential to our nation’s Mr. Speaker, as the Chairman of the Com- tions, port authorities, shipyards, dredging environmental well-being and our economic mittee on Transportation and Infrastructure, contractors, regional water districts, engineering consultants, and local governments. vitality’’: Now, therefore, be it the gentleman from Minnesota (Mr. OBERSTAR) As is clear from the diversity of the Con- Resolved, That the House of Representa- frequently states, we are a Nation that was tives— ference’s membership, few areas of National formed along the waters. While initially used (1) recognizes the value of the Corps of En- policy have more divergent views, often com- as the main thoroughfare for commerce and gineers and its civil works mission to the peting needs, and potential for controversy trade, the utility of our Nation’s rivers, streams, economic prosperity and sustainable envi- than the Nation’s waters. ronmental health of the Nation; and coastal areas to our communities has ex- However, to aid this effort, organizations, (2) recognizes the contributions of the Na- panded through the years; however, their im- tional Waterways Conference in the formula- such as the National Waterways Conference, portance has never waned. can bring together often competing view points tion of the Nation’s water resources-related Throughout its history, our Nation has been policies and programs for the Corps’ civil to promote effective National policy with re- works mission and its advocacy for contin- well served by the U.S. Army Corps of Engi- spect to the management and protection of ued and increased investment in meeting the neers, the lead-Federal agency charged by the Nation’s waters. water resource needs of the Nation; and Congress with meeting the growing water-re- In that light, I applaud the Conference for its (3) commends the National Waterways lated challenges facing the Nation. support of the Recovery Act, and its appro- Conference on the occasion of its 50th anni- For centuries, the Corps has served as the priation of $4.6 billion for the Corps to address versary. Nation’s premier water resource agency, the water-resource needs of the Nation. This The SPEAKER pro tempore. Pursu- charged by Congress with responsibility over investment, of which, as of August 31, over 93 ant to the rule, the gentleman from its three principal mission areas of navigation, percent has been obligated, has allowed the Michigan (Mr. SCHAUER) and the gen- flood damage reduction, and environmental Corps to address much of the critical backlog tleman from Florida (Mr. MARIO DIAZ- restoration. for operation and maintenance of projects in BALART) each will control 20 minutes. Throughout this history, the Corps has had the Corps’ jurisdiction. The Chair recognizes the gentleman great successes in addressing many of the I also applaud the Conference’s support for from Michigan. major water resource challenges presented to the Committee on Transportation and Infra- GENERAL LEAVE the agency by Congress. structure’s efforts to move the Water Re- Mr. SCHAUER. Mr. Speaker, I ask From the development of major U.S. ports sources Development Act of 2010. This effort unanimous consent that all Members and the inland waterway system, to the pro- is consistent with the traditions of the Com- may have 5 legislative days within tection of thousands of American cities and mittee to consider a water resources develop- which to revise and extend their re- towns from the risk of flood damage, to the ment act in every Congress to address the marks and to include extraneous mate- restoration of some of the Nation’s most valu- current and future water resource needs of the rial on House Resolution 1639. able natural treasures, such as Yellowstone The SPEAKER pro tempore. Is there Nation. National Park and the Everglades. Again, I congratulate the National Water- objection to the request of the gen- This Congress, on a regular basis, has pro- tleman from Michigan? ways Conference on the occasion of its 50th vided the Corps with the authority to carry out anniversary, and urge my colleagues to join There was no objection. nationally significant projects that have im- Mr. SCHAUER. I yield myself such me in support of this resolution. proved the economic prosperity of the Nation, time as I may consume. Mr. OBERSTAR. Mr. Speaker, I rise today Mr. Speaker, House Resolution 1639 have protected its citizenry from the threat of in support of H. Res. 1639, a resolution recog- recognizes the contributions of the Na- flooding and coastal storms, and have put in nizing the 50th anniversary of the founding of tional Waterways Conference as it cele- place environmental restoration efforts for the the National Waterways Conference. brates its 50th anniversary. Nation’s natural treasures. I applaud the gentleman from Illinois (Mr. I applaud Mr. HARE of Illinois, the These authorities are typically included in a HARE) for introducing this resolution and for sponsor of this legislation, for intro- water resources development act, under the his advocating the recognition of this auspi- ducing this resolution, and I urge its jurisdiction of the Committee on Transportation cious anniversary of the Conference. adoption. and Infrastructure, and my Subcommittee. Our Mr. Speaker, the National Waterways Con- Mr. Speaker, I reserve the balance of Committee has a tradition of saying there are ference was established in 1960 to advocate my time. ‘‘no Republican levees, and no Democratic before Congress for ‘‘common-sense water re- Mr. MARIO DIAZ-BALART of Flor- navigation projects’’—but, I would contend, sources policies that maximize the economic ida. I yield myself such time as I may these projects are essential to the lives and and environmental value’’ of the nation’s in- consume. livelihoods of the constituents we represent. land, coastal, and Great Lakes waterways.

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.118 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7092 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Throughout its history, the Conference has for regular authorization of water resources In addition to recognizing and commending been a vocal supporter for continued Congres- development acts. In the view of the Con- the Conference, the resolution recognizes the sional attention in meeting the nation’s water- ference, regular consideration of such laws, solid commitment and excellent work done by related needs, including navigation, flood dam- such as that taken by our Committee in sup- the Corps of Engineers—the nation’s premier age reduction and risk management, environ- port of H.R. 5892, the ‘‘Water Resources De- waterways infrastructure operators, designers mental restoration, hydroelectric power, recre- velopment Act of 2010’’, is ‘‘essential to the and builders. The Corps is responsible for wa- ation, and water supply. nation’s environmental well-being and our eco- terways navigation, flood damage reduction, The Conference is guided by its purpose of nomic vitality.’’ I applaud the valuable role that and environmental restoration for more than promoting better understanding of the public the Conference has played in the formation of 11,000 miles of channels in 41 States, in addi- value of the American waterways system, and water resources laws, and commend them for tion to the important role it plays in supporting to document the importance of far-sighted bringing the often-competing views of the var- our troops. navigation and water resources policies to a ious waterway users to the forefront of the de- I believe it is in the best interest of the sound economy, industrial and agricultural bate on nationally significant water resources American people that the National Waterways productivity, regional development, environ- policies. Conference continues to work with the Con- mental quality, energy conservation, inter- I also commend the Conference for its vocal gress, the Corps’ Civil Works Division, and national trade, defense preparedness, and the support for funding of the Corps of Engineers local communities because of its expertise in overall national interest. in the American Recovery and Reinvestment planning for a sound economy, industrial and The Committee on Transportation and Infra- Act (P.L. 111–5). Under the Recovery Act, agricultural productivity, regional development, structure, understands the importance of the Congress provided $4.6 billion to the Corps to environmental quality, energy conservation, nation’s waterways in preserving both the eco- address both a significant portion of its back- international trade, and national defense pre- nomic and environmental health and pros- log of operation and maintenance needs, as paredness. perity of the nation. Water is our common her- well as plan and begin construction of the Mr. Speaker, I know the National Water- itage. America’s greatest population centers next-generation of water-related infrastructure. ways Conference will have another successful are cities because they have ports. Seventy- According to the Corps, as of August 31, 50 years advocating for improvements to our five percent of the nation’s population lives more than 92 percent of the $4.6 billion is nation’s water infrastructure. I would like to along the water, either on the coasts or the in- under obligation, with the remainder likely to thank the National Waterways Conference for land waterways. Despite the relative scarce- be obligated by the end of the fiscal year. By all of their hard work, and I wish them the best ness of potable water supplies, generations of almost all accounts, this investment of $4.6 of luck in their next chapter. Americans have taken water for granted. For billion has been a huge success in meeting I urge all of my colleagues to support pas- most Americans, the only time to think about the water-related infrastructure needs of the sage of this bill. water is when there is too much or not nation. I applaud the foresight of the National Mr. MARIO DIAZ-BALART of Flor- enough. Today, our nation and the world face Waterways Conference in its advocacy for this ida. Mr. Speaker, I yield back the bal- significant water resources challenges; yet, effort. ance of my time. there are clear signs that water-use is not Mr. Speaker, I commend the Conference for Mr. SCHAUER. Mr. Speaker, I yield being properly used or planned at home or its commitment to meeting the water-re- back the balance of my time. The SPEAKER pro tempore. The throughout the world. sources-related challenges of the nation, and question is on the motion offered by For over a century, the U.S. Army Corps of for marking its 50th anniversary. Engineers (Corps) has served our nation well I urge my colleagues to join me in sup- the gentleman from Michigan (Mr. in investigating and addressing our most crit- porting H. Res. 1639. SCHAUER) that the House suspend the ical water resources challenges. Whether it is Mr. HARE. Mr. Speaker, I rise today to ask rules and agree to the resolution, H. the construction and maintenance of our my colleagues to join me in recognizing the Res. 1639. The question was taken; and (two- coastal and inland navigation systems, pro- 50th anniversary of the National Waterways thirds being in the affirmative) the tecting the lives and livelihoods of our con- Conference. rules were suspended and the resolu- stituents from flooding or coastal storms, or re- I would like to begin by thanking Chairman tion was agreed to. JIM OBERSTAR of the Transportation and Infra- storing some of the nation’s greatest natural A motion to reconsider was laid on structure Committee for his support of the Na- treasures, such as Yellowstone National Park the table. or the Everglades, the nation has relied on its tional Waterways Conference and for cospon- premier water-resources related agency, the soring this resolution. f Corps, to meet its current and future chal- I am proud to have introduced H. Res. 1639 WINSTON E. ARNOW FEDERAL lenges. because the National Waterways Conference BUILDING The Committee on Transportation and Infra- has worked tirelessly since 1960 in educating Mr. SCHAUER. Mr. Speaker, I move structure, is a vital partner to that effort. It is the public and elected officials about the im- to suspend the rules and pass the bill through the periodic enactment of a water re- portance of our nation’s inland waterways sys- (H.R. 4387) to designate the Federal sources development act that Congress pro- tem. The Conference reaches all corners of in- building located at 100 North Palafox vides direction to the Corps to meet both the land waterways, the Great Lakes, and coastal Street in Pensacola, Florida, as the current and future water resources challenges stakeholders because it consists of a diverse ‘‘Winston E. Arnow Federal Building’’. of the nation, including authorizing critical group of professionals who all work toward a The Clerk read the title of the bill. navigation, flood damage reduction, environ- common goal: utilizing the waterways in an ef- The text of the bill is as follows: mental restoration projects, and studies car- ficient and responsible manner, while being H.R. 4387 ried out by the Corps. accountable to the environment in and around Be it enacted by the Senate and House of Rep- Following the successful enactment of the our waters. resentatives of the United States of America in Water Resources Development Act of 2007 The Conference has also worked closely Congress assembled, (P.L. 110–114), the Democratic and Repub- with the U.S. Army Corps of Engineers in SECTION 1. DESIGNATION. lican leadership of the Committee on Trans- planning valuable economic and environ- The Federal building located at 100 North portation and Infrastructure committed to en- mental water-based projects in nearly every Palafox Street in Pensacola, Florida, shall actment of a water resources development act geographic region of the U.S. and territories. be known and designated as the ‘‘Winston E. Arnow Federal Building’’. every Congress. For example, in the 17th District of Illinois, the SEC. 2. REFERENCES. Throughout its history, these water re- Sny Island Levee District and the Upper Mis- Any reference in a law, map, regulation, sources development acts have provided the sissippi, Illinois and Missouri Rivers Associa- document, paper, or other record of the Corps with the authority to carry out nationally tion have for years worked to ensure that Con- United States to the Federal building re- significant projects that have improved the gress does not forget about the catastrophic ferred to in section 1 shall be deemed to be economic prosperity of the nation, have pro- flooding in the Midwest, and they have advo- a reference to the ‘‘Winston E. Arnow Fed- tected its citizenry from the threat of flooding cated for maximizing urgently needed flood eral Building’’. and coastal storms, and have put in place res- protection and flood control. The Corps in turn The SPEAKER pro tempore. Pursu- toration efforts for many of America’s natural has closely studied and crafted a plan for pro- ant to the rule, the gentleman from treasures. tecting the Upper Mississippi River Valley Michigan (Mr. SCHAUER) and the gen- Throughout this effort, the National Water- communities. The Conference and Corps com- tleman from Florida (Mr. MARIO DIAZ- ways Conference has been a vocal advocate plement each other extremely well. BALART) each will control 20 minutes.

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.130 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7093 The Chair recognizes the gentleman sions to the letter. Judge Arnow was a man of b 1910 from Michigan. strong moral character, and conducted his Mr. MARIO DIAZ-BALART of Flor- GENERAL LEAVE court proceedings based on fairness and cour- ida. I yield myself such time as I may Mr. SCHAUER. Mr. Speaker, I ask tesy. He was a courageous trial judge and consume. unanimous consent that all Members dedicated public servant. It is both fitting and Mr. Speaker, I also rise in support of may have 5 legislative days within proper that we honor his public service with H.R. 5591, introduced by my colleague which to revise and extend their re- this designation. from Washington, Representative marks and to include extraneous mate- I urge my colleagues to join me in sup- MCMORRIS RODGERS, which, as the gen- rial on H.R. 4387. porting H.R. 4387. tleman has just said, designates the The SPEAKER pro tempore. Is there Mr. MARIO DIAZ-BALART of Flor- airport traffic control tower located at objection to the request of the gen- ida. I yield back the balance of my Spokane International Airport as the tleman from Michigan? time. There was no objection. Mr. SCHAUER. Mr. Speaker, I yield Ray Daves Air Traffic Control Tower. Mr. SCHAUER. Mr. Speaker I yield back the balance of my time. Again, I urge all our colleagues to myself such time as I may consume. The SPEAKER pro tempore. The also support it. I would urge the adoption of this res- question is on the motion offered by Mr. OBERSTAR. Mr. Speaker, I rise in sup- olution, and I reserve the balance of the gentleman from Michigan (Mr. port of H.R. 5591, as amended, introduced by my time. SCHAUER) that the House suspend the the gentlewoman from Washington (Mrs. Mr. MARIO DIAZ-BALART of Flor- rules and pass the bill, H.R. 4387. MCMORRIS RODGERS), which designates the ida. I yield myself such time as I may The question was taken; and (two- airport traffic control tower located at Spokane consume. thirds being in the affirmative) the International Airport in Spokane, Washington, Mr. Speaker, I would like to take rules were suspended and the bill was as the ‘‘Ray Daves Air Traffic Control Tower’’. this opportunity to thank Congress- passed. The air traffic controllers in Spokane, Wash- man MILLER of Florida for his leader- A motion to reconsider was laid on ington, were so inspired by the biography of ship and hard work on this bill to cor- the table. Ray Daves, a World War II radioman and civil- rect the designation of this building, f ian air traffic controller, that they began urging which was named after Judge Arnow. to have the airport traffic control tower where Now, we could say so much about the RAY DAVES AIR TRAFFIC he had worked named after him. judge, but Mr. Speaker, I would just CONTROL TOWER Ray Daves was a radioman for the U.S. like to highlight one part of his career, Mr. SCHAUER. Mr. Speaker, I move Navy during World War II. He survived the which is something I try to do when- to suspend the rules and pass the bill bombing of Pearl Harbor. During the attack, ever possible whenever anybody serves (H.R. 5591) to designate the facility of he carried ammunition to a machine gun on in the Armed Forces of the United the Federal Aviation Administration the second-story roof of the U.S. Pacific Fleet States of America. I think, as much as located at Spokane International Air- Headquarters on Oahu, Hawaii. Later, Daves his record is meritorious, it is some- port in Spokane, Washington, as the volunteered for service aboard the USS York- thing I always like to highlight. ‘‘Ray Daves Air Traffic Control town aircraft carrier, where he was assigned Judge Arnow was in the private prac- Tower,’’ as amended. to the emergency radio room. He was present tice of law, but he also served as a U.S. The Clerk read the title of the bill. during the Battle of the Coral Sea and the Army major in the JAG Corps during The text of the bill is as follows: sinking of Yorktown during the Battle of Mid- World War II and served as a municipal H.R. 5591 way in 1942. judge in Gainesville, Florida. Again, I Be it enacted by the Senate and House of Rep- During the rest of World War II, Daves could go on and on, but I always try to resentatives of the United States of America in served his country in Alaska as a radioman at highlight when someone has a military Congress assembled, Cold Bay, Alaska, for the U.S. Navy’s air fields career in order to make sure that it is SECTION 1. DESIGNATION. in the Aleutian Islands and flew ‘‘second seat’’ something we will never forget. The airport traffic control tower located at Mr. OBERSTAR. Madam Speaker, I rise in Spokane International Airport in Spokane, as gunner for aerial search-and-destroy mis- support of H.R. 4387, a bill to designate the Washington, and any successor airport traffic sions against Japanese submarines in Alas- Federal building located at 100 North Palafox control tower at that location, shall be known kan waters. He also served as a liaison for the Street in Pensacola, Florida, as the ‘‘Winston and designated as the ‘‘Ray Daves Airport Traf- Soviet Air Force pilots who acquired U.S. fic Control Tower’’. E. Arnow Federal Building’’. bombers and fighter planes for the war in Eu- Winston Eugene Arnow was an American SEC. 2. REFERENCES. rope. Daves taught at the Navy’s school for Any reference in a law, map, regulation, doc- lawyer and judge of the United States District radiomen in Gulfport, Mississippi, from 1945 ument, paper, or other record of the United until the end of the war. Court for the Northern District of Florida. He States to the airport traffic control tower re- practiced civil rights law in Gainesville before ferred to in section 1 shall be deemed to be a ref- When the war was over, Daves became a he was appointed to the Federal bench by erence to the ‘‘Ray Daves Airport Traffic Con- civilian air traffic controller at Geiger Field, President Johnson. His name is now synony- trol Tower’’. later known as the Spokane International Air- mous with the momentous civil rights period The SPEAKER pro tempore. Pursu- port in Spokane, Washington. He worked as from 1969 to 1978 in Northwest Florida when ant to the rule, the gentleman from an air traffic controller there for almost 30 he followed the U.S. Supreme Court mandates Michigan (Mr. SCHAUER) and the gen- years (from 1946 to 1974). Currently, Daves to ensure the election of African Americans, tleman from Florida (Mr. MARIO DIAZ- volunteers by educating other veterans about public school desegregation, and improved BALART) each will control 20 minutes. the Honor Flight program, which helps World prison conditions in the Escambia County jail. The Chair recognizes the gentleman War II veterans visit the memorial in their Judge Arnow served as the chief judge of from Michigan. honor located in Washington, DC. the Northern District of Florida, stretching from GENERAL LEAVE I urge my colleagues to join me in sup- Pensacola to Gainesville, from 1969 until Mr. SCHAUER. Mr. Speaker, I ask porting H.R. 5591. 1981. In 1969, Arnow ordered the Escambia unanimous consent that all Members Mrs. McMORRIS RODGERS. Mr. Speaker, County School District desegregated. In 1972, may have 5 legislative days within I rise today in strong support of H.R. 5591, to he presided over the trial of the Gainesville which to revise and extend their re- designate the Federal Aviation Administration Eight, a group of anti-Vietnam War activists marks and to include extraneous mate- facility at the Spokane International Airport in who were indicted on charges of conspiracy to rial on H.R. 5591. Spokane, Washington, as the ‘‘Ray Daves Air disrupt the 1972 Republican National Conven- The SPEAKER pro tempore. Is there Traffic Control Tower.’’ I thank Chairman tion in Miami Beach, Florida. All eight were ac- objection to the request of the gen- OBERSTAR and Ranking Member MICA for quitted. tleman from Michigan? bringing the bill to the floor today. Judicial authorities and officials viewed There was no objection. As the sponsor of this bill, it is with great Judge Arnow as ‘‘all integrity,’’ ignoring criti- Mr. SCHAUER. I yield myself such pride I stand here today. Ray Daves is a Pur- cism by doing what he thought was the right time as I may consume. ple Heart recipient and Pearl Harbor survivor and proper thing to do to protect civil liberties. Mr. Speaker, I support H.R. 5591, and who served our nation aboard the USS York- He believed firmly in the U.S. Constitution and I urge support of this bill. town throughout the Pacific during World War followed the statutes and higher court deci- I reserve the balance of my time. II.

VerDate Mar 15 2010 08:33 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.215 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7094 CONGRESSIONAL RECORD — HOUSE September 28, 2010 While Ray’s military service alone warrants ‘‘(b) IMMEDIATE TELEPHONIC NOTICE DE- imagined that my community too this dedication, his commitment to his country FINED.—In subsection (a), the term ‘imme- could have been impacted by such an and community since leaving the military justi- diate telephonic notice’ means telephonic oil spill, but it happened. notice, as described in section 191.5 of such fies it as well. For the last 65 years, Ray has On July 26, 2010, Enbridge Energy title, to the Secretary and the National Re- Partners reported a ruptured pipeline made Spokane his home—first working as an sponse Center at the earliest practicable mo- air traffic controller and still to this day volun- ment following discovery of a release of gas that spilled an estimated 1 million gal- teering his time to educate others about the or hazardous liquid and not later than one lons of heavy Canadian crude oil into Honor Flight Program for World War II vet- hour following the time of such discovery. Talmadge Creek south of Marshall, erans. ‘‘(c) REFERENCES.—Any reference to a regu- Michigan, in my district. Oil-covered This recognition not only commemorates lation in this section means the regulation wildlife, a river and creek flowing Ray’s sacrifices and accomplishments, but as in effect on the date of enactment of this black with oil for miles, and citizens section.’’. also those made by the greatest generation, were evacuated from their homes— (2) CLERICAL AMENDMENT.—The analysis for whose sacrifices to our country will never be these were all images from this oil spill such chapter is amended by adding at the that my constituents will not soon for- forgotten. end the following: I urge all of my colleagues to support H.R. get. ‘‘60138. Telephonic notice of certain inci- According to the National Transpor- 5591 and join me in thanking Ray Daves and dents.’’. tation Safety Board, on Sunday, July those like him for his life of service. (b) GUIDANCE.—Not later than 60 days after 25, 2010, at 5:58 p.m., alarms began Mr. MARIO DIAZ-BALART of Flor- the date of enactment of this Act, the Sec- sounding in Enbridge Energy Partner’s ida. I yield back the balance of my retary shall issue guidance to clarify the control room in Edmonton, Alberta, time. meaning of the term ‘‘discovery’’ as used in Canada, on Line 6B of Enbridge’s Mr. SCHAUER. Mr. Speaker, I yield section 60138(b) of title 49, United States Lakehead Pipeline. For more than 13 back the balance of my time. Code, as added by subsection (a) of this sec- hours, alarms continued in Enbridge’s The SPEAKER pro tempore. The tion. control room. Enbridge did not know question is on the motion offered by SEC. 3. TRANSPARENCY OF ACCIDENTS AND INCI- DENTS. what was wrong with their 6B pipeline the gentleman from Michigan (Mr. Not later than December 31, 2010, the Sec- until 11:18 a.m. the following day when SCHAUER) that the House suspend the retary of Transportation shall maintain on another company’s technician reported rules and pass the bill, H.R. 5591, as the Department of Transportation’s Internet to Enbridge that there was oil in Tal- amended. Web site a database of all reportable inci- madge Creek. The leak was confirmed dents involving gas or hazardous liquid pipe- The question was taken; and (two- by Enbridge personnel at 11:45 a.m. on thirds being in the affirmative) the lines and allow the public to search the database for incidents by owner or operator of a July 26, and they began laying boom rules were suspended and the bill, as immediately but did not report the amended, was passed. pipeline facility. SEC. 4. CIVIL PENALTIES. spill until 1:29 p.m., nearly 2 hours The title was amended so as to read: later, to the National Response Center. ‘‘A bill to designate airport traffic con- Section 60122(a)(1) of title 49, United States Code, is amended— Another recent incident in San trol tower located at Spokane Inter- (1) in the first sentence— Bruno, California, the tragic PG&E national Airport in Spokane, Wash- (A) by inserting ‘‘, or has obstructed or rupture, took the lives of four people— ington, as the ‘Ray Daves Air Traffic prevented the Secretary from carrying out three more are still missing—injured Control Tower’.’’. an inspection or investigation under this numerous others, destroyed 37 homes A motion to reconsider was laid on chapter,’’ after ‘‘under this chapter’’; and and damaged 11 others. This occurred the table. (B) by striking ‘‘$100,000’’ and inserting at 6:11 p.m. on September 9, 2010. It ‘‘$250,000’’; and f (2) in the last sentence by striking wasn’t reported to the National Re- ‘‘$1,000,000’’ and inserting ‘‘$2,500,000’’. sponse Center until 11:35 p.m., over 5 CORPORATE LIABILITY AND hours later. EMERGENCY ACCIDENT NOTIFI- SEC. 5. COMPLIANCE WITH STATUTORY PAY-AS- YOU-GO ACT OF 2010. When public’s safety and health are CATION ACT The budgetary effects of this Act, for the at risk, every second counts. In the Mr. SCHAUER. Mr. Speaker, I move purpose of complying with the Statutory time Enbridge and PG&E waited to re- to suspend the rules and pass the bill Pay-As-You-Go Act of 2010, shall be deter- port these spills, Federal agencies and (H.R. 6008) to amend title 49, United mined by reference to the latest statement government emergency responders States Code, to ensure telephonic no- titled ‘‘Budgetary Effects of PAYGO Legisla- could have been en route or at the sites tice of certain incidents, and for other tion’’ for this Act, submitted for printing in to help. the Congressional Record by the Chairman of Congress directed that ‘‘a pipeline fa- purposes, as amended. the House Budget Committee, provided that The Clerk read the title of the bill. such statement has been submitted prior to cility shall provide immediate tele- The text of the bill is as follows: the vote on passage. phonic notice of a release of hazardous liquid.’’ In 2002, the Pipeline and Haz- H.R. 6008 The SPEAKER pro tempore. Pursu- ardous Materials Safety Administra- Be it enacted by the Senate and House of Rep- ant to the rule, the gentleman from tion’s predecessor determined ‘‘imme- resentatives of the United States of America in Michigan (Mr. SCHAUER) and the gen- Congress assembled, diately’’ to be defined as between 1 and tleman from New Jersey (Mr. 2 hours after discovery. Congress said a SECTION 1. SHORT TITLE. LOBIONDO) each will control 20 min- This Act may be cited as the ‘‘Corporate reportable spill incident needs to be re- utes. ported immediately. Five hours is not Liability and Emergency Accident Notifica- The Chair recognizes the gentleman tion Act’’ or ‘‘CLEAN Act’’. immediately. Two hours is not even from Michigan. SEC. 2. NOTIFICATION OF INCIDENTS. immediately. GENERAL LEAVE (a) TELEPHONIC NOTICE OF CERTAIN INCI- My bipartisan bill, H.R. 6008, the Cor- DENTS.— Mr. SCHAUER. Mr. Speaker, I ask porate Liability and Emergency Acci- (1) IN GENERAL.—Chapter 601 of title 49, unanimous consent that all Members dent Notification Act, the CLEAN Act, United States Code, is amended by adding at may have 5 legislative days within clarifies the congressional intent of the the end the following: which to revise and extend their re- term ‘‘immediately’’ in reporting a ‘‘§ 60138. Telephonic notice of certain inci- marks and to include extraneous mate- spill incident to the National Response dents rials on H.R. 6008. Center and defines ‘‘immediately’’ to ‘‘(a) IN GENERAL.—An owner or operator of The SPEAKER pro tempore. Is there be no more than 1 hour after the dis- a pipeline facility shall provide immediate objection to the request of the gen- covery of an incident. My bill also in- telephonic notice of— tleman from Michigan? creases penalties for any violation of a ‘‘(1) a release of hazardous liquid or an- There was no objection. Federal pipeline safety regulation, in- other substance regulated under part 195 of Mr. SCHAUER. Mr. Speaker, I yield title 49, Code of Federal Regulations, result- cluding failure to report a spill inci- ing in an event for which notice is required myself as much time as I may con- dent in a timely manner. Additionally, under section 195.50 of such title; and sume. the CLEAN Act seeks to increase ‘‘(2) a release of gas resulting in an inci- Mr. Speaker, after the BP Deepwater transparency by directing the U.S. De- dent, as defined in section 191.3 of such title. Horizon oil spill, I never could have partment of Transportation to create a

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.133 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7095 searchable public database of all re- about an hour and a half—until the manually by the pipeline industry, particularly in serious portable hazardous liquids incidents. operated gate valve was shut off. About 30 cases involving injuries, fatalities, and signifi- I urge Members to support H.R. 6008, minutes into the release, the gasoline vapor cant environmental damage. The bill further the CLEAN Act, to hold companies ac- was ignited when a car entered the area, its clarifies that civil penalties are applicable to countable to reporting spill releases loose tailpipe struck the pavement, sparked obstruction of an investigation. ‘‘immediately,’’ as Congress intended, and ignited the vapor. An inferno engulfed The bill includes a requirement that the Sec- and to increase transparency of spill three full blocks of the neighborhood: a retary of Transportation maintain a Website incidents to the public. With the proper woman and her daughter were burned se- that depicts all reportable incidents involving spill reporting standards, we can work verely when the fireball rolled over them, later hazardous liquid and gas pipelines and allows toward preventing devastating spills in taking their lives. Another person suffered seri- the public to search the database for incidents the future for safety and protection of ous burns. by the owner or operator of a pipeline facility. our communities and our environment. I have talked about that incident during de- Over the coming weeks, I intend to work in Mr. Speaker, I reserve the balance of bate on every pipeline safety bill that has a bipartisan manner to develop a comprehen- my time. come before this House because I will never sive pipeline safety reauthorization bill. In the Mr. LOBIONDO. Mr. Speaker, I yield forget where I was and what I was doing when interim, I feel that this bill strengthens the ac- myself such time as I may consume. I heard about the devastation that rupture had countability of pipeline operators. The gentleman from Michigan has caused; it will be with me for the rest of my I urge my colleagues to join me in sup- adequately described the critical im- life. Congressman SCHAUER, I assure you, will porting H.R. 6008. portance of this bill on pipeline safety. never forget where he was when he learned of Ms. RICHARDSON. Mr. Speaker, as a We support the bill. the Enbridge spill in Marshall, Michigan. Nor member of the Committee on Transportation H.R. 6008—the Corporate Liability and will Congressman RICK LARSEN ever blot out and Infrastructure I rise today in strong sup- Emergency Accident Notification Act—makes the memory of the gasoline spill in a creek port of H.R. 6008, the Corporate Liability and three changes to the Federal pipeline safety that flowed through Whatcom Falls Park in Emergency Accident Notification Act. This leg- law. Bellingham, Washington, that claimed the lives islation enhances public safety by requiring an The bill requires that the Department of of two 10-year-old boys and a young man of owner or operator of a pipeline facility to notify Transportation maintain a database on its 18 celebrating high school graduation by fish- the Secretary of Transportation, DOT, and the website of all reportable pipeline incidents and ing in that creek. National Response Center, NRC, within one make the database available to the public. While we do not yet know the cause of the hour upon discovering the leak of hazardous The bill also increases the civil liability caps Michigan incident, we do know that the spill material. Timely notification is an essential for violations of pipeline safety laws. likely occurred sometime the day before component of an effective response. This leg- H.R. 6008 also requires that pipeline opera- Enbridge reported it to the National Response islation will help ensure that DOT and NRC tors notify the National Response Center not Center. We know that, contrary to Enbridge’s have the information needed to act in order to later than 1 hour after the discovery of a re- claims at our hearing, the Enbridge control save lives and protect property. lease of natural gas or hazardous liquids. center did not even realize that a massive rup- I thank my colleague, Congressman Pipeline operators are currently required to no- ture had occurred on the pipeline until a utility SCHAUER, for his leadership in introducing this tify the NRC not later than 2 hours after the worker from an unrelated company, Con- legislation and Chairman OBERSTAR for his discovery of a leak. sumers Energy, called Enbridge to report that skillful leadership in shepherding this bill to the The Federal pipeline safety programs are oil was spilling into Talmadge Creek. We know floor. set to expire in one week. Recent pipeline ac- that Enbridge personnel at the control center Mr. Speaker, it was only a short time ago on cidents in San Bruno, California; Romeoville, experienced an abrupt pressure drop on the July 26, 2010 in Marshall, Michigan when the Illinios; and Marshall, Michigan have brought line, that they experienced multiple volume Enbridge Pipeline oil spill transpired. Roughly pipeline safety to the forefront. While this bill balance alarms over the course of 13 hours 1 million barrels of crude oil were dumped into addresses some of the issues that should be before sending a technician to the pump sta- the Talmadge Creek and Kalamazoo River. addressed in a comprehensive pipeline safety tion, located just three-quarters of a mile from This incident negatively impacted the environ- reauthorization bill, it does not address all of the rupture. We know that Enbridge reported mental and public health of the surrounding them. that the technician did not see any problems areas. Similar subsequent incidents occurred I hope that Congress considers a com- or smell any odors at the pump station, even earlier this month in Romeoville, Illinois and prehensive pipeline safety reauthorization bill though numerous residents in the immediate San Bruno, California. These episodes vividly that addresses all of the relevant pipeline vicinity of the pump station (and others living illustrate the urgent need for action. safety issues in the very near future. nine miles away) reported to Committee staff In addition, H.R. 6008 instructs the Sec- Mr. Speaker, I urge all of my colleagues to that they smelled strong odors the day before. retary of Transportation to maintain an online support this resolution. We also know that Enbridge knew about hun- database on the Department of Transportation Mr. OBERSTAR. Mr. Speaker, I rise in sup- dreds of defects in the line, and we know that website, which will record all reportable report of H.R. 6008, as amended, the ‘‘Cor- the Pipeline and Hazardous Materials Safety leases involving gas or hazardous liquid pipe- porate Liability and Emergency Accident Notifi- Administration was made aware of them and lines. The public will be able to view and cation Act,’’ introduced by the gentleman from failed to do anything to address Enbridge’s in- search the database for incidents by pipeline Michigan (Mr. SCHAUER). action. facility owner or operator. This bill also in- Last week, the Committee on Transportation The bill before you today holds pipeline op- creases the maximum civil penalties per viola- and Infrastructure held a hearing on the rup- erators accountable to a maximum of one tion and incident to further dissuade such inci- ture of Enbridge’s Line 6B pipeline, which re- hour to telephonically report a release of haz- dents from occurring. These important meas- leased more than one million gallons of crude ardous liquid or gas resulting in an incident. ures will strive to decrease the response time, oil into Talmadge Creek and the Kalamazoo As the Enbridge oil disaster in Marshall, Michi- the overall damage, and the number of leaks. River just one mile south of Marshall, Michi- gan, underscores—every minute that passes I am particularly concerned by reports of gan. The Kalamazoo River flows into Lake following a release of hazardous liquid or gas pipeline spills and explosions because my dis- Michigan. The spill devastated the local envi- from a pipeline is one less minute that re- trict, the 37th Congressional District of Cali- ronment and wildlife, uprooted homeowners sponders have to protect the community and fornia, contains over 643 total pipeline miles in that live near the creek and river, and exposed the surrounding environment. the National Pipeline Mapping System. More local communities to noxious and toxic sub- The bill also increases the maximum civil than 558 of these miles are hazardous liquid stances before Enbridge even raised alarm. penalty for each pipeline safety violation from pipelines. The map of pipelines in my district I recall vividly in 1986, as Congress pre- $100,000 to $250,000 and the maximum civil looks like a spaghetti bowl with pipelines pared for reauthorization of the pipeline safety penalty per incident from $1 million to $2.5 crossing in every direction. Not a single one of program, a massive rupture that occurred on million, the same amounts proposed by the my constituents can possibly live more than a the Williams Pipe Line in Mounds View, Min- Obama administration in its pipeline safety re- mile or so away from a pipeline carrying haz- nesota. Corrosion was the culprit. Unleaded authorization bill. The maximum penalties for ardous material. Unfortunately, from 2000 to gasoline spilled from a 7.5-foot long opening violations of pipeline safety regulations under 2008 there were 21 incidents in my district sig- along the longitudinal seam of the pipe. Gaso- current law have not been increased in almost nificant enough to be reported to the DOT’s line vapors combined with air and liquid gaso- a decade. Adequate levels of penalties are Pipelines and Hazardous Materials Safety Ad- line flowed along neighborhood streets for necessary to deter unsafe operating practices ministration.

VerDate Mar 15 2010 06:31 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.220 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7096 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The new notification requirements imposed peal is expressed in terms of an amendment reimbursement, supplies, personnel, services, by H.R. 6008 will help decrease the time re- to, or repeal of, a section or other provision and equipment (other than administrative quired to respond to pipeline leaks, thereby of law, the reference shall be considered to supplies and equipment).’’. be made to a section or other provision of (c) CRITERIA ON PUBLIC HEARINGS.— lessening the damage caused by such leaks. title 49, United States Code. Moreover, the increased penalties for viola- (1) IN GENERAL.—Section 1113 is amended SEC. 3. DEFINITIONS. by adding at the end the following: tions of Federal pipeline safety laws will pro- Section 1101 is amended to read as follows: vide incentives for pipeline owners and opera- ‘‘(i) PUBLIC HEARINGS.— ‘‘§ 1101. Definitions tors to follow guidelines and aid responsibility. ‘‘(1) DEVELOPMENT OF CRITERIA.—The Board All in all, this is a very good bill and I strongly ‘‘(a) ACCIDENT DEFINED.—In this chapter, shall establish by regulation criteria to be the term ‘accident’— used by the Board in determining, for each support it. ‘‘(1) means an event associated with the I urge my colleagues to join me in sup- accident investigation and safety study un- operation of a vehicle, aircraft, or pipeline, dertaken by the Board, whether or not the porting H.R. 6008. which results in damage to or destruction of Board will hold a public hearing on the in- Mr. LOBIONDO. I yield back the bal- the vehicle, aircraft, or pipeline, or which re- vestigation or study. ance of my time. sults in the death of or serious injury to any ‘‘(2) FACTORS.—In developing the criteria, Mr. SCHAUER. Mr. Speaker, I yield person, regardless of whether the initiating the Board shall give priority consideration back the balance of my time. event is accidental or otherwise; and to the following factors: The SPEAKER pro tempore. The ‘‘(2) may include an incident that does not ‘‘(A) Whether the accident has caused sig- question is on the motion offered by involve destruction or damage of a vehicle, nificant loss of life. the gentleman from Michigan (Mr. aircraft, or pipeline, but affects transpor- ‘‘(B) Whether the accident has caused sig- tation safety, as the Board prescribes by reg- SCHAUER) that the House suspend the nificant property damage. ulation. rules and pass the bill, H.R. 6008, as ‘‘(C) Whether the accident may involve a ‘‘(b) APPLICABILITY OF DEFINITIONS IN national transportation safety issue. amended. OTHER LAWS.—The definitions contained in The question was taken; and (two- ‘‘(D) Whether a public hearing may provide section 2101(17a) of title 46 and section needed information to the Board. thirds being in the affirmative) the 40102(a) of this title apply to this chapter.’’. ‘‘(E) Whether a public hearing may offer an rules were suspended and the bill, as SEC. 4. GENERAL ORGANIZATION. opportunity to educate the public on a safety amended, was passed. The last sentence of section 1111(d) is issue. The title was amended so as to read: amended by striking ‘‘absent’’ and inserting ‘‘(F) Whether a public hearing may in- ‘‘A bill to ensure telephonic notice of ‘‘unavailable’’. crease both the transparency of the Board’s certain incidents involving hazardous SEC. 5. ADMINISTRATIVE. investigative process and public confidence liquid and gas pipeline facilities, and (a) GENERAL AUTHORITY.—Section 1113(a) is that such process is comprehensive, accu- for other purposes.’’. amended— rate, and unbiased. A motion to reconsider was laid on (1) in paragraph (1)— ‘‘(G) Whether a public hearing is likely to significantly delay the conclusion of an in- the table. (A) by inserting ‘‘and depositions’’ after ‘‘hearings’’; and vestigation and whether the possible adverse f (B) by striking ‘‘subpena’’ and inserting effects of the delay on safety outweigh the NATIONAL TRANSPORTATION ‘‘subpoena’’; and benefits of a public hearing.’’. SAFETY BOARD REAUTHORIZA- (2) in paragraph (2) by inserting before the (2) ANNUAL REPORT.—Section 1117 is first sentence the following: ‘‘In the interest amended— TION ACT OF 2010 of promoting transportation safety, the (A) by striking ‘‘and’’ at the end of para- Mr. OBERSTAR. Mr. Speaker, I move Board shall have the authority by subpoena graph (5); to suspend the rules and pass the bill to summon witnesses and obtain evidence (B) by striking the period at the end of (H.R. 4714) to amend title 49, United relevant to an accident investigation con- paragraph (6) and inserting ‘‘; and’’; and States Code, to authorize appropria- ducted under this chapter.’’. (C) by adding at the end the following: ‘‘(7) an analysis of the Board’s implementa- tions for the National Transportation (b) ADDITIONAL POWERS.— (1) AUTHORITY OF BOARD TO ENTER INTO CON- tion of the criteria established pursuant to Safety Board for fiscal years 2011 TRACTS AND OTHER AGREEMENTS WITH NON- section 1113(i) during the prior calendar year, through 2014, and for other purposes, as PROFIT ENTITIES.—Section 1113(b)(1)(H) is including an explanation of any instance in amended. amended by inserting ‘‘and other agree- which the Board did not hold a public hear- The Clerk read the title of the bill. ments’’ after ‘‘contracts’’. ing for an investigation of an accident that The text of the bill is as follows: (2) AUTHORITY OF BOARD TO ENTER INTO AND has caused significant loss of life or property H.R. 4714 PERFORM CONTRACTS, AGREEMENTS, LEASES, damage or that may involve a national transportation safety issue.’’. Be it enacted by the Senate and House of Rep- OR OTHER TRANSACTIONS.—Section 1113(b) is resentatives of the United States of America in amended— (d) ACCIDENTAL DEATH AND DISMEMBER- (A) by striking paragraph (1)(I) and insert- Congress assembled, MENT INSURANCE.—Section 1113 is further ing the following: amended by adding at the end the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(I) negotiate, enter into, and perform con- (a) SHORT TITLE.—This Act may be cited as tracts, agreements, leases, or other trans- ‘‘(j) ACCIDENTAL DEATH AND DISMEMBER- the ‘‘National Transportation Safety Board actions with individuals, private entities, de- MENT INSURANCE.— Reauthorization Act of 2010’’. partments, agencies, and instrumentalities ‘‘(1) AUTHORITY TO PROVIDE INSURANCE.— (b) TABLE OF CONTENTS.— of the Government, State and local govern- The Board may procure accidental death and Sec. 1. Short title; table of contents. ments, and governments of foreign countries dismemberment insurance for an employee Sec. 2. Amendments to title 49, United on such terms and conditions as the Chair- of the Board who travels for an accident in- States Code. man of the Board considers appropriate to vestigation or other activity of the Board Sec. 3. Definitions. carry out the functions of the Board and re- outside the United States or inside the Sec. 4. General organization. quire that such entities provide appropriate United States under hazardous cir- Sec. 5. Administrative. consideration for the reasonable costs of any cumstances, as defined by the Board. Sec. 6. Disclosure, availability, and use of facilities, goods, services, or training pro- ‘‘(2) CREDITING OF INSURANCE BENEFITS TO information. Sec. 7. Training. vided by the Board.’’; and OFFSET UNITED STATES TORT LIABILITY.—Any Sec. 8. Reports and studies. (B) by adding at the end the following: amounts paid to a person under insurance Sec. 9. Authorization of appropriations. ‘‘(3) LEASE LIMITATION.—The authority of coverage procured under this subsection Sec. 10. Accident investigation authority. the Board to enter into leases shall be lim- shall be credited as offsetting any liability of Sec. 11. Marine casualty investigations. ited to the provision of special use space re- the United States to pay damages to that Sec. 12. Inspections and autopsies. lated to an accident investigation, or for person under section 1346(b) of title 28, chap- Sec. 13. Discovery and use of cockpit and general use space, at an average annual rent- ter 171 of title 28, chapter 163 of title 10, or surface vehicle recordings and al cost of not more than $300,000 for any indi- any other provision of law authorizing recov- transcripts. vidual property.’’. ery based upon tort liability of the United Sec. 14. Family assistance. (3) AUTHORITY OF OTHER FEDERAL AGEN- States in connection with the injury or Sec. 15. Notification of marine casualties. CIES.—Section 1113(b)(2) is amended to read death resulting in the insurance payment. Sec. 16. Use of board name, logo, initials, as follows: ‘‘(3) TREATMENT OF INSURANCE BENEFITS.— and seal. ‘‘(2) AUTHORITY OF OTHER FEDERAL AGEN- Any amounts paid under insurance coverage SEC. 2. AMENDMENTS TO TITLE 49, UNITED CIES.—Notwithstanding any other provision procured under this subsection shall not— STATES CODE. of law, the head of a Federal department, ‘‘(A) be considered additional pay or allow- Except as otherwise specifically provided, agency, or instrumentality may transfer to ances for purposes of section 5536 of title 5; whenever in this Act an amendment or re- or receive from the Board, with or without or

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‘‘(B) offset any benefits an employee may ‘‘(2) REFERENCES TO INFORMATION IN MAKING (2) CIVIL PENALTY.—Section 1151 is amend- have as a result of government service, in- SAFETY RECOMMENDATIONS.—This subsection ed— cluding compensation under chapter 81 of does not prevent the Board from referring at (A) in the section heading by striking title 5. any time to voice or video recorder informa- ‘‘Aviation enforcement’’ and inserting ‘‘En- ‘‘(4) ENTITLEMENT TO OTHER INSURANCE.— tion in making safety recommendations.’’. forcement’’; and Nothing in this subsection shall be construed (d) FOREIGN INVESTIGATIONS.—Section (B) by inserting ‘‘1114(h),’’ before ‘‘1132,’’ in as affecting the entitlement of an employee 1114(g) (as redesignated by subsection (c)(3) each of subsections (a), (b)(1), and (c). to insurance under section 8704(b) of title 5.’’. of this section) is amended— (3) CONFORMING AMENDMENT.—The analysis SEC. 6. DISCLOSURE, AVAILABILITY, AND USE OF (1) in paragraph (1)(A) by striking ‘‘shall’’ for chapter 11 is amended by striking the INFORMATION. and inserting ‘‘may’’; and item relating to section 1151 and inserting (a) TRADE SECRETS, COMMERCIAL INFORMA- (2) in paragraph (2) by inserting ‘‘, or other the following: TION, AND FINANCIAL INFORMATION.—Section relevant information authorized for disclo- ‘‘1151. Enforcement.’’ 1114(b) is amended— sure under this chapter,’’ after ‘‘informa- (f) GAO STUDY OF PARTY PROCESS.— (1) by striking the subsection heading and tion’’. (1) IN GENERAL.—The Comptroller General inserting the following: ‘‘TRADE SECRETS, (e) PARTY REPRESENTATIVES TO NTSB IN- shall conduct a study on the use of party rep- COMMERCIAL INFORMATION, AND FINANCIAL IN- VESTIGATIONS.— resentatives in investigations conducted by FORMATION’’; (1) IN GENERAL.—Section 1114 is further (2) in paragraph (1) in the matter preceding the National Transportation Safety Board. amended by adding at the end the following: subparagraph (A)— (2) CONTENTS.—In conducting the study, ARTY REPRESENTATIVES TO NTSB IN- (A) by inserting ‘‘submitted to the Board ‘‘(h) P the Comptroller General shall examine, at a in the course of a Board investigation or VESTIGATIONS.— minimum— study and’’ after ‘‘information’’; and ‘‘(1) PROHIBITION ON DISCLOSURE OF INFOR- (A) whether the composition of the party (B) by inserting ‘‘, or commercial or finan- MATION.—A party representative to an acci- representatives should be broadened to in- cial information if the information would dent or marine casualty investigation of the clude on-going representatives from other otherwise be withheld under section 552(b)(4) Board is prohibited from disclosing, orally or entities that could provide independent, of title 5,’’ after ‘‘title 18’’; in written form, investigative information, technically qualified representatives to a (3) in paragraph (2) by striking ‘‘paragraph as defined by the Board, to anyone who is Board investigation; (1) of this subsection’’ and inserting ‘‘sub- not an employee of the Board or who is not (B) whether the participation of party rep- paragraphs (A) through (C) of paragraph (1)’’; a party representative to such investigation, resentatives in a Board investigation results and except— in any unfair advantages for the entities rep- (4) by adding at the end the following: ‘‘(A) as provided in paragraph (2); or resented by the party representatives while ‘‘(4) ANNOTATION OF CONTROLLED INFORMA- ‘‘(B) at the conclusion of the fact finding the Board is conducting the investigation; TION.—Each person submitting to the Board stage of an investigation, which the investi- (C) whether the use of party representa- trade secrets, commercial information, fi- gator-in-charge shall announce by formal tives leads to bias in the outcome of a Board nancial information, or information that posting of a notice in the publicly available investigation; and could be classified as controlled under the investigation docket. (D) whether Board investigations would be International Traffic in Arms Regulations ‘‘(2) EXCEPTION.—If the investigator-in- compromised in any way absent the partici- shall appropriately annotate the information charge determines that a disclosure of infor- pation and expertise of party representa- to indicate the restricted nature of the information related to an accident or marine cas- tives. mation in order to facilitate proper handling ualty investigation is necessary to prevent (3) REPORT TO CONGRESS.—Not later than 18 of such materials by the Board. In this para- additional accidents or marine casualties, to months after the date of enactment of this graph, the term ‘International Traffic in address a perceived safety deficiency, or to Act, the Comptroller General shall submit to Arms Regulations’ means those regulations assist in the conduct of the investigation, the Committee on Transportation and Infra- contained in parts 120 through 130 of title 22, the investigator-in-charge may at any time structure of the House of Representatives Code of Federal Regulations (or any suc- authorize in writing a party representative and the Committee on Commerce, Science, cessor regulations). to disclose such information under condi- and Transportation of the Senate a report on ‘‘(5) DISCLOSURES TO PROTECT PUBLIC tions approved by the investigator-in-charge. the results of the study conducted under this HEALTH AND SAFETY.—Disclosures of infor- Such conditions shall ensure that, until the subsection, including any recommendations mation under paragraph (1)(D) may include posting of a formal notice described in para- for improvements in the Board’s use of the disclosures through accident investigation graph (1)(B), or until the information dis- party representative process. reports, safety studies, and safety rec- closed pursuant to this paragraph becomes SEC. 7. TRAINING. ommendations.’’. publicly available by any other means, nei- Section 1115(d) is amended— (b) SURFACE VEHICLE RECORDINGS AND ther the entity represented by the party rep- (1) by inserting ‘‘theory and techniques TRANSCRIPTS.—The second sentence of sec- resentative nor any other person may use tion 1114(d)(1) is amended by striking ‘‘that’’ and on transportation safety methods to ad- such information in preparation for the pros- after ‘‘information’’. vance Board safety recommendations’’ be- (c) VESSEL RECORDINGS AND TRANSCRIPTS.— ecution of any claim or defense in litigation fore the period at the end of the first sen- Section 1114 is amended— in connection with the accident or marine tence; (1) in subsection (a)(1) by striking ‘‘and (f)’’ casualty being investigated or to make or (2) by inserting ‘‘or who influence the and inserting ‘‘(e), and (g)’’; deny any insurance claim in connection with course of transportation safety through sup- (2) in subsection (d)(1) by striking ‘‘or ves- such accident or marine casualty. port or adoption of Board safety rec- sel’’; ‘‘(3) COMPLIANCE.—The Board shall require ommendations’’ before the period at the end (3) by redesignating subsections (e) and (f) any individual who is a party representative of the second sentence; and as subsections (f) and (g), respectively; and to an investigation of the Board to sign a (3) by inserting ‘‘under section 1118(c)(2)’’ (4) by inserting after subsection (d) the fol- party agreement that includes language in- before the period at the end of the third sen- lowing: forming the individual of the prohibition in tence. ‘‘(e) VESSEL RECORDINGS AND TRAN- paragraph (1). SEC. 8. REPORTS AND STUDIES. SCRIPTS.— ‘‘(4) REPRESENTATIVES OF FEDERAL AGEN- (a) STUDIES AND INVESTIGATIONS.—Section ‘‘(1) CONFIDENTIALITY OF RECORDINGS AND CIES.—Paragraph (3) shall not apply to an in- 1116(b) is amended— TRANSCRIPTS.—The Board may not disclose dividual who is a representative of the Sec- (1) in paragraph (1) by striking ‘‘carry out’’ publicly any part of a vessel’s voice or video retary of Transportation, the Secretary of and inserting ‘‘conduct’’; and recorder recording or transcript of oral com- the department in which the Coast Guard is (2) by striking paragraph (3) and inserting munications by or among the crew, pilots, or operating, or any other Federal department, the following: docking masters of a vessel, vessel traffic agency, or instrumentality participating in ‘‘(3) prescribe requirements for persons re- services, or other vessels, or between the ves- the investigation and deemed by the Board porting accidents, as defined in section sel’s crew and company communication cen- to be performing a law enforcement or simi- 1101(a), that may be investigated by the ters, related to a marine casualty inves- lar function. Board under this chapter;’’. tigated by the Board. However, the Board ‘‘(5) COMPLIANCE WITH FAA STATUTORY OBLI- (b) URGENT SAFETY RECOMMENDATIONS AND shall make public any part of a transcript or GATIONS.—Nothing in this subsection pro- INTERIM MEASURES.—Section 1116 is amended any written depiction of visual information hibits the Federal Aviation Administration by adding at the end the following: the Board decides is relevant to the marine from fulfilling statutory obligations to en- ‘‘(c) URGENT SAFETY RECOMMENDATIONS casualty— sure safe operations. AND INTERIM MEASURES.— ‘‘(A) if the Board holds a public hearing on ‘‘(6) PARTY REPRESENTATIVE DEFINED.—In ‘‘(1) LIMITATION ON STATUTORY CONSTRUC- the marine casualty, at the time of the hear- this subsection, the term ‘party representa- TION.—Nothing in this section shall restrict ing; or tive’ means an individual representing a the Board from— ‘‘(B) if the Board does not hold a public party to an investigation pursuant to section ‘‘(A) making urgent safety recommenda- hearing, at the time a majority of the other 831.11 of title 49, Code of Federal Regula- tions, as identified by the Board during an factual reports on the marine casualty are tions, as in effect on the date of enactment ongoing safety investigation or study, to any placed in the public docket. of this subsection.’’. department, agency, or instrumentality of

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.127 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7098 CONGRESSIONAL RECORD — HOUSE September 28, 2010 the Federal Government, a State or local amended by inserting ‘‘or relevant to’’ after lishing the probable cause of the marine cas- governmental authority, or a person con- ‘‘developed about’’. ualty (other than as provided in section cerned with transportation safety; or (c) ACCIDENTS NOT INVOLVING GOVERNMENT 1131(b)).’’. ‘‘(B) recommending interim measures, as MISFEASANCE OR NONFEASANCE.—Section (b) CONFORMING AMENDMENT.—The analysis identified by the Board, to a department, 1131(c) is amended by adding at the end the for chapter 11 is amended by inserting after agency, instrumentality, authority, or per- following: the item relating to section 1132 the fol- son described in subparagraph (A) to miti- ‘‘(3) AUTHORITY OF BOARD REPRESENTA- lowing: gate risks to transportation safety pending TIVE.—In the case of a delegation of author- ‘‘1132a. Marine casualty investigations.’’. implementation of more comprehensive re- ity under paragraph (1), the Secretary, or a sponses by the department, agency, instru- person designated by the Secretary, shall SEC. 12. INSPECTIONS AND AUTOPSIES. mentality, authority, or person. have the authority of the Board, on display (a) ENTRY AND INSPECTION.—Section 1134(a) ‘‘(2) INCLUSION IN FINAL ACCIDENT RE- of appropriate credentials and written notice is amended in the matter preceding para- PORTS.—If the Board makes an urgent safety of inspection authority, to enter property graph (1)— recommendation or recommends an interim where the aircraft accident has occurred or (1) by striking ‘‘officer or employee’’ and measure before completing a relevant final wreckage from the accident is located and to inserting ‘‘officer, employee, or Federal des- accident report, if any, the urgent safety rec- gather evidence in support of a Board inves- ignee’’; and ommendation or interim measure shall also tigation, in accordance with rules the Board (2) by inserting ‘‘in the conduct of any ac- be reflected in the final accident report.’’. may prescribe.’’. cident investigation or study’’ after ‘‘Na- (c) EVALUATION AND AUDIT.—Section 1138(a) (d) INCIDENT INVESTIGATIONS.—Section 1131 tional Transportation Safety Board’’. is amended by striking ‘‘conducted at least is amended by adding at the end the fol- (b) INSPECTION, TESTING, PRESERVATION, annually, but may be’’. lowing: AND MOVING OF AIRCRAFT AND PARTS.—Sec- SEC. 9. AUTHORIZATION OF APPROPRIATIONS. ‘‘(f) INCIDENT INVESTIGATIONS.— tion 1134(b) is amended to read as follows: (a) IN GENERAL.—Section 1118(a) is amend- ‘‘(1) MEMORANDUM OF UNDERSTANDING.—Not ‘‘(b) INSPECTION, TESTING, PRESERVATION, ed to read as follows: later than 90 days after the issuance of final AND MOVING OF AIRCRAFT AND PARTS.— ‘‘(a) IN GENERAL.—There is authorized to regulations under section 1101(a)(2), the ‘‘(1) INSPECTION AND TESTING.—In inves- be appropriated for the purposes of this chap- Chairman of the Board shall seek to enter tigating an aircraft accident under this ter— into a memorandum of understanding with chapter, the Board may— ‘‘(1) $107,583,000 for fiscal year 2011; the Secretary of Transportation and the ‘‘(2) $115,347,000 for fiscal year 2012; ‘‘(A) inspect and test, to the extent nec- head of each modal administration of the De- essary, any civil aircraft, aircraft engine, ‘‘(3) $122,187,000 for fiscal year 2013; and partment of Transportation that sets forth— ‘‘(4) $124,158,000 for fiscal year 2014. propeller, appliance, or property on an air- ‘‘(A) an understanding of the conditions craft involved in an accident in air com- Such sums shall remain available until ex- under which the Board will conduct an inci- merce; pended.’’. dent investigation that involves the applica- ‘‘(B) seize or otherwise obtain any record- (b) FEES, REFUNDS, REIMBURSEMENTS, AND ble mode of transportation; and ing device and recording pertinent to the ac- ADVANCES.—Section 1118(c) is amended— ‘‘(B) the roles and responsibilities of the (1) by striking the subsection heading and cident; and parties to the memorandum when the Board ‘‘(C) require specific information only inserting the following: ‘‘FEES, REFUNDS, RE- is conducting an incident investigation. IMBURSEMENTS, AND ADVANCES’’; available from the manufacturer to enable ‘‘(2) UPDATES AND RENEWALS.—Each memo- the Board to read and interpret any flight (2) in paragraph (1)— randum of understanding required under (A) by striking ‘‘and reimbursements’’ and parameter or navigation storage device or paragraph (1) shall be updated and renewed media on board the aircraft involved in the inserting ‘‘reimbursements, and advances’’; not less than once every 5 years, unless par- and accident. ties to the memorandum agree that updating (B) by striking ‘‘services’’ and inserting ‘‘(2) MOVING OF AIRCRAFT AND PARTS.—Any the memorandum is unnecessary. ‘‘activities, services, and facilities’’; civil aircraft, aircraft engine, propeller, ap- ‘‘(3) BOARD AUTHORITY.—Nothing in this (3) in paragraph (2)— pliance, or property on an aircraft involved paragraph negates the authority of the (A) in the matter preceding subparagraph in an accident in air commerce shall be pre- Board to investigate an incident. (A) by striking ‘‘or reimbursement’’ and in- served, and may be moved, only as provided ‘‘(4) INCIDENT DEFINED.—In this subsection, serting ‘‘reimbursement, or advance’’; and by regulations of the Board. the term ‘incident’ means an incident de- (B) in each of subparagraphs (A) and (B) by ‘‘(3) TRADE SECRETS, COMMERCIAL INFORMA- scribed in regulations issued under section striking ‘‘activities’’ and all that follows be- TION, AND FINANCIAL INFORMATION.—The pro- 1101(a)(2).’’. fore the semicolon and inserting ‘‘activities, visions of section 1114(b) shall apply to mate- services, or facilities for which the fee, re- SEC. 11. MARINE CASUALTY INVESTIGATIONS. rials provided under paragraph (1)(C) and fund, reimbursement, or advance is associ- (a) IN GENERAL.—Chapter 11 is amended by properly identified as trade secrets, commer- ated’’; inserting after section 1132 the following: cial information, or financial information.’’. (4) by redesignating paragraph (3) as para- ‘‘§ 1132a. Marine casualty investigations (c) AVOIDING UNNECESSARY INTERFERENCE; graph (4); ‘‘(a) DELEGATION OF AUTHORITY TO COAST PRESERVING EVIDENCE.—Section 1134(c) is (5) by inserting after paragraph (2) the fol- GUARD.— amended to read as follows: lowing: ‘‘(1) IN GENERAL.—In an investigation of a ‘‘(c) AVOIDING UNNECESSARY INTERFERENCE; ‘‘(3) ANNUAL RECORD OF COLLECTIONS.—The major marine casualty under section PRESERVING EVIDENCE.— Board shall maintain an annual record of 1131(a)(1)(E), the Board, with the consent of ‘‘(1) INSPECTION AND TESTING.—In carrying collections received under paragraph (2).’’; the Secretary of the department in which out subsection (a)(1), an officer or employee and the Coast Guard is operating, may delegate may— (6) in paragraph (4) (as redesignated by to the Commandant of the Coast Guard full ‘‘(A) examine or test any vehicle, vessel, paragraph (4) of this subsection) by inserting authority to obtain the facts of the casualty. rolling stock, track, or pipeline component; ‘‘or advance’’ after ‘‘fee’’. In the case of such a delegation, the Com- ‘‘(B) seize or otherwise obtain any record- SEC. 10. ACCIDENT INVESTIGATION AUTHORITY. mandant, acting through the Commandant’s ing device and recording pertinent to the ac- (a) IN GENERAL.—Section 1131(a)(1) is on-scene representative, shall have the full cident; and amended— authority of the Board. ‘‘(C) require the production of specific in- (1) in the matter preceding subparagraph ‘‘(2) REQUIRED TRAINING, EXPERIENCE, AND formation only available from the manufac- (A) by striking ‘‘cause or probable cause’’ QUALIFICATIONS.—The Board may not make a turer to enable the Board to read and inter- and inserting ‘‘causes or probable causes’’; delegation under paragraph (1) unless the pret any operational parameter or naviga- (2) in subparagraph (C) by striking ‘‘a fa- Board determines that the Commandant’s tion storage device or media on board the ve- tality or substantial property damage’’ and on-scene representatives have sufficient hicle, vessel, or rolling stock involved in the inserting ‘‘a fatality (other than a fatality training, experience, and qualifications in accident. involving a trespasser) or substantial prop- investigation, marine casualty reconstruc- ‘‘(2) TRADE SECRETS, COMMERCIAL INFORMA- erty damage’’; tion, evidence collection and preservation, TION, AND FINANCIAL INFORMATION.—The pro- (3) in subparagraph (E) by striking ‘‘and’’ human factors, and documentation to act in visions of section 1114(b) shall apply to mate- at the end; accordance with the best investigation prac- rials provided under paragraph (1)(C) and (4) in subparagraph (F) by striking the pe- tices of Federal and non-Federal entities. properly identified as trade secrets, commer- riod at the end and inserting ‘‘; and’’; and ‘‘(b) PARTICIPATION OF COMMANDANT IN MA- cial information, or financial information. (5) by adding at the end the following: RINE INVESTIGATIONS.—The Board shall pro- ‘‘(3) CONDUCT OF EXAMINATIONS AND ‘‘(G) an accident in response to an inter- vide for the participation of the Com- TESTS.—An examination or test under para- national request and delegation under appro- mandant of the Coast Guard in an investiga- graph (1)(A) shall be conducted in a way priate international conventions, coordi- tion by the Board of a major marine casualty that— nated through the Department of State and under section 1131(a)(1)(E) if such participa- ‘‘(A) does not interfere unnecessarily with accepted by the Board.’’. tion is necessary to carry out the duties and transportation services provided by the (b) AUTHORITIES OF OTHER AGENCIES.—The powers of the Commandant, except that the owner or operator of the vehicle, vessel, roll- second sentence of section 1131(a)(3) is Commandant may not participate in estab- ing stock, track, or pipeline component; and

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.127 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7099 ‘‘(B) to the maximum extent feasible, pre- There was no objection. our side. I submit for the Record a serves evidence related to the accident, con- Mr. OBERSTAR. Mr. Speaker, I yield more detailed explanation of the provi- sistent with the needs of the investigation myself such time as I may consume. sions of the reauthorization. and with the cooperation of that owner or Mr. Speaker, this is a very special Mr. OBERSTAR. Mr. Speaker, I rise in operator.’’. moment for me. It’s at least the fourth strong support of H.R. 4714, as amended, a SEC. 13. DISCOVERY AND USE OF COCKPIT AND or fifth National Transportation Safety SURFACE VEHICLE RECORDINGS bill to reauthorize the National Transportation AND TRANSCRIPTS. Board reauthorization bill that I have Safety Board (NTSB), an independent agency Section 1154(a)(1)(A) is amended by strik- brought to the floor to manage during with the vitally important responsibility to im- ing ‘‘; and’’ and inserting ‘‘; or’’. the years that I chaired the aviation prove the safety of our nation’s transportation SEC. 14. FAMILY ASSISTANCE. authorization subcommittee. And dur- network. (a) FAMILY ASSISTANCE IN COMMERCIAL ing the years when we were in the mi- Since its inception in 1967, the NTSB has AVIATION ACCIDENTS.—Section 41113(b)(7) is nority and partnered with our Repub- investigated more than 132,000 aviation acci- amended by inserting before the period at lican colleagues on the committee to dents and more than 10,000 surface transpor- the end the following: ‘‘, and that at least 60 bring NTSB authorizations to the tation accidents. During those 43 years, the days before the planned destruction of any floor, I’m proud to say they have all, Safety Board has issued more than 13,000 unclaimed possession of a passenger a rea- under management by either party in sonable attempt will be made to notify the safety recommendations, with 82 percent of family of the passenger’’. our committee, these bills have all those recommendations accepted by the re- (b) FAMILY ASSISTANCE IN COMMERCIAL come out of committee with a unani- lated agency or organization. In the last three AVIATION ACCIDENTS INVOLVING FOREIGN CAR- mous vote. years alone, the Safety Board has investigated RIERS.—Section 41313(c)(7) is amended by in- b 1920 more than 64 major accidents, issued 63 serting before the period at the end the fol- We have not had recorded votes with- major reports covering all transportation lowing: ‘‘, and that at least 60 days before modes (aviation, highway, transit, maritime, the planned destruction of any unclaimed in committee. Whatever differences of possession of a passenger a reasonable at- view, we have been able to resolve and railroad, and pipeline/hazardous materials), tempt will be made to notify the family of acknowledge one another’s contribu- and issued more than 521 safety rec- the passenger’’. tions. And the same with this reau- ommendations. SEC. 15. NOTIFICATION OF MARINE CASUALTIES. thorization for NTSB. The NTSB is widely acknowledged as the Not later than 6 months after the date of I will just observe that I served in world’s premier accident investigation agency. enactment of this Act, the National Trans- Congress as staff in 1966–67 when the Thanks to the NTSB’s diligent work in inves- portation Safety Board and the Secretary of Congress created the Department of tigating the causes of past transportation acci- the department in which the Coast Guard is Transportation and included within it dents, and in recommending solutions, the operating shall jointly prescribe regulations traveling public is safer today than ever be- to ensure the prompt notification and re- an independent safety board. But after a few years, it was apparent that the fore. porting of marine casualties by the Coast But we must not be content with the Guard to the Board. Safety Board could not be independent progress we have made in improving transpor- SEC. 16. USE OF BOARD NAME, LOGO, INITIALS, within the Department. So the Con- AND SEAL. gress, before I was elected, moved to tation safety. That is why H.R. 4714, the ‘‘Na- Section 709 of title 18, United States Code, separate the NTSB, separate the safety tional Transportation Safety Board Reauthor- is amended— board from the Department and estab- ization Act of 2010’’, provides the Safety (1) by inserting ‘‘or’’ at the end of the para- lish it as an independent agency sepa- Board with additional tools it needs to accom- graph immediately preceding the paragraph rate from the Department itself. plish its crucial mission. To maintain its posi- that begins ‘‘Shall be punished as follows:’’; In the years since then, the NTSB tion as the world’s preeminent investigative and has become the worldwide gold stand- agency, the NTSB must have the resources (2) by inserting the following before the necessary to handle increasingly complex ac- paragraph that begins ‘‘Shall be punished as ard for safety standards, for investiga- follows:’’: tion of transportation accidents, and cident investigations. ‘‘Whoever, except with the written permis- for leading the world to a better safety Accordingly, this bill authorizes increased sion of the Chairman of the National Trans- regime in all modes of transportation. funding over the next four years: $107.6 mil- portation Safety Board, knowingly uses the Other nations have come to the U.S. to lion in fiscal year (FY) 2011, $115.3 million in words ‘National Transportation Safety emulate our NTSB, to see how it FY 2012, $122.2 million in FY 2013, and Board’, the logo of the Board, the initials works, how it’s structured, and how it $124.2 million in FY 2014. These funding lev- ‘NTSB’, or the official seal of the Board, or acts with independence. And we, in this els will allow the NTSB to hire an additional 66 any colorable imitation of such words, logo, full-time equivalent (FTE) positions, increasing initials, or seal, in connection with any ad- authorization, continue that standard vertisement, circular, book, pamphlet, or for the NTSB, increasing staff, increas- its staffing to 477 FTEs. According to the other publication, or any play, motion pic- ing funding modestly only just to ac- NTSB’s 2009 human capital forecast, 477 ture, broadcast, telecast, or other produc- commodate the needs of NTSB for the FTEs represent the Safety Board’s optimal tion, in a manner reasonably calculated to additional responsibilities we have staffing level and enables the agency to take convey the impression that such advertise- shouldered upon the Safety Board. I on more investigations and accomplish de- ment, circular, book, pamphlet, or other would like to say that we add two full- tailed examinations of transportation safety publication, or such play, motion picture, time equivalent employees to support issues. broadcast, telecast, or other production, is These funding levels are consistent with the approved, endorsed, or authorized by the Na- the recently enacted Rail Disaster tional Transportation Safety Board;’’. Family Assistance Act, legislation that previous NTSB authorization bill. In 2006, the the former chairman of the committee, Committee on Transportation and Infrastruc- The SPEAKER pro tempore. Pursu- ture authorized $100 million for the Safety ant to the rule, the gentleman from DON YOUNG, had introduced in 2006 and which we adopted by voice vote in the Board to support 475 FTEs in FY 2008 and Minnesota (Mr. OBERSTAR) and the gen- FY 2009. That is the same number we are tleman from New Jersey (Mr. committee. I just want to make an ac- knowledgement of Mr. YOUNG’s contin- discussing today, plus two additional FTEs to LOBIONDO) each will control 20 min- support the recently-enacted Rail Disaster utes. ued splendid contribution. With that, I reserve the balance of Family Assistance Act. My good friend from The Chair recognizes the gentleman my time. Alaska, and former Chairman of the Com- from Minnesota. Mr. LOBIONDO. Mr. Speaker, I yield mittee, DON YOUNG, introduced that legislation GENERAL LEAVE myself such time as I may consume. in 2006, which was adopted by a voice vote Mr. OBERSTAR. Mr. Speaker, I ask Mr. OBERSTAR has been very passionate in Committee. unanimous consent that all Members on this issue, along with a number of Unfortunately, appropriations have not kept may have 5 legislative days within other issues. The critical importance of pace with the Safety Board’s needs. NTSB be- which to revise and extend their re- NTSB has been outlined over and over lieves that it is imperative to increase its staff- marks and include extraneous material again. I urge all Members to look very ing to 477 FTEs to ensure that it has the in- on H.R. 4714. carefully at this. vestigative staff it needs to conduct effective The SPEAKER pro tempore. Is there I yield back the balance of my time. investigations. objection to the request of the gen- Mr. OBERSTAR. Mr. Speaker, we Importantly, H.R. 4714 also contains an ex- tleman from Minnesota? have no further requests for time on plicit authorization for the NTSB to do what it

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00103 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.127 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7100 CONGRESSIONAL RECORD — HOUSE September 28, 2010 has done historically: investigate incidents as I urge my colleagues to join me in sup- of the party process, where outside groups well as accidents. The Safety Board’s work in porting H.R. 4714. with specific technical expertise are brought in response to incidents is no less important and HOUSE OF REPRESENTATIVES, to assist in the course of the investigation. has produced a body of work that, without COMMITTEE ON THE JUDICIARY, Clearly, the party process is of critical im- question, has prevented future accidents and Washington, DC, March 4, 2010. portance to NTSB investigations. loss of life. Hon. JAMES L. OBERSTAR, However, reports have indicated during the The NTSB’s work in investigating past inci- Chairman, Committee on Transportation, House course of these investigations it has become dents has taught us that incidents are often of Representatives, Washington, DC. common place for official party representatives DEAR CHAIRMAN OBERSTAR: This is to ad- precursors to major accidents that involve fa- vise you that, as a result of your having con- to provide information about the ongoing in- talities and serious damage. I recall the Safety sulted with us on provisions in H.R. 4714, the vestigation to other members of their organiza- Board’s work on near-collisions and runway in- National Transportation Safety Board Reau- tion who have not signed the certification of cursions in the 1980s, when I chaired our thorization Act of 2010, that fall within the party representative. Subcommittee on Investigations and Over- rule X jurisdiction of the Committee on the Meanwhile, the families of loved ones killed sight. In response to a spate of runway incur- Judiciary, we are able to agree to dis- or injured in an accident do not have access sions—including one incident in which two charging our committee from further consid- to the information until it is placed in a public eration of the bill without seeking formal re- DC–10s with a combined 501 passengers on ferral, in order that it may proceed without docket—often many months after the accident. board nearly collided at Minneapolis-St. Paul delay to the House floor for consideration. The idea that anyone could receive informa- International Airport—the Safety Board issued The Judiciary Committee takes this action tion about the possible cause of an accident in detailed recommendations to the Federal Avia- with our mutual understanding that by fore- advance of victims or family members is not tion Administration and operators on how to going consideration of H.R. 4714 at this time, acceptable. What is even more appalling is prevent similar near-disasters. In the years we do not waive any jurisdiction over subject the idea that this information could be handed since, the Safety Board has continued its work matter contained in this or similar legisla- over to entities or companies who might have tion, and that our Committee will be appro- a vested interest in the outcome of the inves- in analyzing runway incursions. Enhancing priately consulted and involved as the bill or runway safety remains a priority on the similar legislation moves forward, so that we tigation. NTSB’s Most Wanted List of aviation safety may address any remaining issues in our ju- I am very pleased that this legislation in- improvements. risdiction. Our Committee also reserves the cludes a provision that prohibits a party rep- In addition, H.R. 4714 should resolve, once right to seek appointment of an appropriate resentative to an NTSB investigation from vio- and for all, any ambiguity in the NTSB’s au- number of conferees to any House-Senate lating the code of silence either orally or in thority to issue subpoenas in all investigations. conference involving this or similar legisla- writing during the course of an investigation. In a few cases, NTSB investigations have tion, and requests your support for any such This language will simply level the playing request. field for the family members of those killed or been hindered or delayed when the recipients I would appreciate your including this let- of subpoenas have not complied, arguing that ter in the Congressional Record during con- injured in an accident being investigated by the NTSB’s authority to issue subpoenas only sideration of the bill on the House floor. the Board. It strengthens what is in fact al- extends to the conduct of public hearings. Thank you for your attention to this re- ready Board policy by putting the prohibition in H.R. 4714 makes it clear that the NTSB’s sub- quest, and for the cooperative relationship statute and there by strengthens the party poena authority extends equally to all inves- between our two committees. process. tigations: those that require public hearings, as Sincerely, This would not have been possible without well as those that do not. JOHN CONYERS, Jr., the support and cooperation of the NTSB, as Chairman. The bill also clarifies that the NTSB is not well as Chairman OBERSTAR and Sub- OSTELLO required to determine a single cause or prob- HOUSE OF REPRESENTATIVES, COM- committee Chair C , who worked with able cause of a transportation accident, but MITTEE ON TRANSPORTATION AND me to make sure this important language was may determine that there was more than one INFRASTRUCTURE, included. And I must extend a special thanks probable cause. The bill keeps pace with ad- Washington, DC, March 4, 2010. to the families of Colgan Flight 3407. Their vances in accident investigation, which recog- Hon. JOHN CONYERS, Jr., support for this provision is particularly mean- nize that a particular accident is rarely attrib- Chairman, Committee on the Judiciary, House ingful to me. utable to a single cause or probable cause, of Representatives, Washington, DC. As many of my colleagues know, this is a DEAR CHAIRMAN CONYERS: I write to you re- and that most accidents happen as the result garding H.R. 4714, the ‘‘National Transpor- very personal issue to me. I know first-hand of cumulative factors. tation Safety Reauthorization Act of 2010’’. what it is like to wait for the conclusion on an The bill also holds the NTSB accountable, I agree that provisions included in H.R. NTSB investigation to learn more about the by requiring the Safety Board to develop a list 4714 are of jurisdictional interest to the Com- cause of the accident, knowing others many of criteria that it will use to determine whether mittee on the Judiciary. I acknowledge that have access to the information about the in- to hold a public hearing in any particular in- by forgoing a sequential referral, your Com- vestigation prior to you. I came out of that ex- vestigation. mittee is not relinquishing its jurisdiction. I perience convinced that more needed to be will fully support your request to be rep- done to make sure no one gets information Furthermore, H.R. 4714 permits the NTSB resented in a House-Senate conference on to delegate its full authority to investigate those provisions over which the Committee before families do. Today, it is my hope that major marine casualties to the Coast Guard if on the Judiciary has jurisdiction in H.R. we are one step closer to codifying that com- the NTSB determines that Coast Guard per- 4714. mon-sense principle into law. sonnel assigned to investigate marine casual- This exchange of letters will be placed in Ms. NORTON. Mr. Speaker, I rise in strong ties possess the training, experience, and the Committee Report on H.R. 4714 and the support of the National Transportation Safety qualifications necessary to employ best prac- Congressional Record as part of the consider- Board Reauthorization Act of 2010. This reau- ation of this legislation in the House. tices in use by marine casualty investigators. I look forward to working with you as we thorization, which extends the National Trans- In addition, the bill ensures coordination and prepare to pass this important legislation. portation Safety Board’s (NTSB’ s) oversight cooperation between the NTSB and the Coast Sincerely, functions, is particularly important in the wake Guard in investigations of major marine cas- JAMES L. OBERSTAR, of the 2009 Metro Red Line train collision near ualties. Chairman. the Fort Totten station here in the nation’s H.R. 4714 also permits the NTSB, upon co- Mr. CARNAHAN. Mr. Speaker, I rise today capital, for which the NTSB just issued its final ordination with the State Department, to inves- in strong support of H.R. 4714, the National report. A provision in this bill, based on one of tigate a transportation accident that occurred Transportation Safety Board Reauthorization my bills, the National Transportation Safety overseas, and to use appropriated funds to Act. Board Interim Safety Recommendations Act, complete that investigation. The NTSB accept- At its heart, the reauthorization of the NTSB clarifies that the NTSB may, and should, offer ed such a delegation of responsibility by the is about safety. Every year, the NTSB inves- both interim and urgent safety recommenda- government of Afghanistan to investigate the tigates thousands of accidents over all modes tions to federal, state and local transportation 2004 crash of Blackwater 61, in which six of transportation—investigations that are crit- authorities. This provision will save lives and Americans lost their lives. ical to determining why accidents happen, so does not impede investigations or affect final H.R. 4714 provides the NTSB with the nec- steps can be taken to prevent them in the fu- recommendations. essary funding and authority to accomplish its ture. On June 22, 2009, two Washington Metro- critical mission of ensuring the safety of the One of the main ways the Board is able to politan Area Transit Authority (WMATA) trains traveling public. complete so many investigations is by the use collided near the Fort Totten station here in

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00104 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.141 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7101 the nation’s capital. This collision was dev- $150 million, it will take years to fund these re- politics, trading campaign contribu- astating for this region and for the nation’s placements, not to mention other capital tions for government contracts. transit systems, as nine regional residents needs. Recommendations short of multi-million In 2008, the Illinois General Assembly died, including seven from the nation’s capital. dollar upgrades and replacements can save took a bipartisan stand by passing a Members of congress and their staff and many lives. My provision requires the NTSB to spe- bill to eliminate pay-to-play con- other federal employees of every rank form cifically consider recommending interim and tracting. Amazingly, the Federal Gov- the majority of Metro’s weekday riders. Mil- urgent recommendations where appropriate, ernment then told Illinois that it had lions of tourists, people who work in every especially when a transit agency has not se- to back down or risk losing highway sector and school children are regular riders. cured funds to comply with the costly perma- funds. The Federal Highway Adminis- The collision has had nation-wide con- nent recommendations. tration interpreted their competitive sequences. On September 22, 2010, even be- I ask that my colleagues support this bill. bidding requirements to mean that fore its Metro study was complete, the NTSB Mr. OBERSTAR. I yield back the bal- States couldn’t weed out corrupt con- issued nine nation-wide safety recommenda- ance of my time. tractors. Clearly that wasn’t the intent tions to address concerns about the safety of The SPEAKER pro tempore. The of this Chamber when it passed those train control systems that use audio frequency question is on the motion offered by requirements. That is why I am pleased track circuits, like those that contributed to the the gentleman from Minnesota (Mr. we are debating this important fix. June 22nd train collision here, showing that OBERSTAR) that the House suspend the H.R. 3427, the State Ethics Law Pro- low-cost recommendations are in order and rules and pass the bill, H.R. 4714, as tection Act, will make it clear that might save lives. amended. Congress supports the right of States The NTSB has been particularly vigilant in The question was taken; and (two- to fight corruption. States like Con- quickly reporting defects and operational prob- thirds being in the affirmative) the necticut, New Jersey, South Carolina, lems to encourage remediation even before its rules were suspended and the bill, as Pennsylvania, and Kentucky have final reports. In 1996, long before the June amended, was passed. passed laws like Illinois’, and others 22nd collision, the NTSB recommended that A motion to reconsider was laid on are debating similar bills. They are all WMATA replace or retrofit its 1000-series train the table. arriving at the same bipartisan conclu- cars after a train overran a station platform, sion: Corruption must be stamped out f striking a standing, unoccupied train, and kill- and pay-to-play made a thing of the ing the driver of the striking train. The NTSB STATE ETHICS LAW PROTECTION past. Our States have shown they are renewed this recommendation to replace or ACT OF 2010 ready for reform. It is now our duty to refurbish the older cars following the rollback ensure they have the ability to do so. Mr. OBERSTAR. Mr. Speaker, I move At this critical juncture, we must do accident in the Woodley Park Metro station in to suspend the rules and pass the bill 2004, as it should have. The NTSB is not pro- all we can to inspire the trust and con- (H.R. 3427) to amend title 23, United fidence of people across the country. hibited by statute from making interim rec- States Code, to protect States that ommendations for corrective actions, but low- After all, without the people’s trust, have in effect laws or orders with re- we cannot govern. I wish to thank cost recommendations were not made after spect to pay to play reform, and for Chairman OBERSTAR and the com- any of the Metro accidents. This amendment other purposes, as amended. clarifies that the NTSB does have such au- mittee for bringing this bill to the The Clerk read the title of the bill. floor and urge my colleagues to sup- thority. The text of the bill is as follows: Even before the reasons for the June 22nd port the State Ethics Law Protection H.R. 3427 crash had been determined, it was evident Act. Be it enacted by the Senate and House of Rep- Mr. LOBIONDO. Mr. Speaker, I yield that the striking car, which was a 1000-series resentatives of the United States of America in myself such time as I may consume. train car, was significantly more damaged than Congress assembled, This is a commonsense good govern- the struck car, which was a newer 6000-series SECTION 1. SHORT TITLE. ment bill which I support. car. In fact, all of the fatalities were from the This Act may be cited as the ‘‘State Ethics I yield back the balance of my time. 1000-series car. Following the collision, the Law Protection Act of 2010’’. Mr. OBERSTAR. Mr. Speaker, I yield Amalgamated Transit Union Local 689 sug- SEC. 2. PAY TO PLAY REFORM. myself such time as I may consume. gested that WMATA put the 1000-series cars Section 112 of title 23, United States Code, The gentleman from Illinois stated between the newer, more crashworthy 6000- is amended by adding at the end the fol- the case very clearly and thoughtfully, series cars. Unfortunately, without clarification lowing: and the gentleman from New Jersey of the regulatory authority provided by my pro- ‘‘(h) PAY TO PLAY REFORM.—A State trans- has further underscored the signifi- vision, there have been no tests of crash- portation department shall not be considered cance of this bill. This legislation to have violated a requirement of this sec- worthiness either of the newer 6000-series makes clear that no State will be con- cars or of the older 1000-series. However, the tion solely because the State in which that State transportation department is located, sidered to have violated the Federal evidence from the crash suggests that 40- or a local government within that State, has Highway Administration’s competitive year-old cars may be more dangerous as lead in effect a law or an order that limits the bidding requirements solely because and rear cars. The NTSB did not disagree with amount of money an individual or entity the State chose to enact an anti-pay- this interim step at a congressional hearing in that is doing business with a State or local to-play law. The bill would neither re- July 2010, but it never recommended this or agency with respect to a Federal-aid high- quire a State to pass anti-pay-to-play any other interim action, except action that is way project may contribute to a political nor prohibit a State from doing so. It party, campaign, or elected official.’’. so costly that it cannot occur in a timely man- would not weigh in on the merits of ner. The SPEAKER pro tempore. Pursu- any existing State law. It simply re- It is a well-known and frustrating fact that, ant to the rule, the gentleman from moves what currently functions as a for years, Metro has tried to convince Con- Minnesota (Mr. OBERSTAR) and the gen- Federal prohibition on some States’ ef- gress and its local jurisdictions to fund re- tleman from New Jersey (Mr. forts to prohibit pay-to-play. As the placements for the old 1000-series cars and LOBIONDO) each will control 20 min- gentleman from New Jersey said, it is only in fiscal year 2010, after the tragic colli- utes. commonsense legislation, and I urge its sion, did Congress appropriate the first $150 The Chair recognizes the gentleman passage. million of the $1.5 billion authorized in 2007. from Minnesota. Mr. Speaker, I rise today in strong support The 1000-series cars represent only 300 of Mr. OBERSTAR. Mr. Speaker, I yield of H.R. 3427, as amended, the ‘‘State Ethics Metro’s 1,100-car fleet, but replacing those such as he may consume to the gen- Law Protection Act of 2010’’, introduced by the cars will cost $600 million and take at least tleman from Illinois (Mr. QUIGLEY). gentleman from Illinois (Mr. QUIGLEY). five years. Congress and members of our re- Mr. QUIGLEY. Mr. Speaker, now This bill aids State efforts to clean up their gional delegation had been working long be- more than ever, we must use every tool procurement processes by removing the threat fore the collision to get from Congress the at our disposal to fight corruption. My of the loss of Federal-aid highway funds if a $1.5 billion that has now been authorized for home State of Illinois has made head- State chooses to enact ‘‘anti-pay-to-play’’ re- WMATA’s urgent capital and preventive main- lines time and again with charges of forms. tenance needs, including new cars. While we cronyism, corruption, and waste. Many Specifically, H.R. 3427 provides that a State have finally been successful in getting the first of these charges involved pay-to-play may not be considered to have violated the

VerDate Mar 15 2010 07:43 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00105 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.144 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7102 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Federal Highway Administration’s (FHWA) have taken from the Speaker’s table the bill, Sec. 522. Marine safety mission priorities competitive bidding requirements solely be- H.R. 3619, with the Senate amendment there- and long-term goals. cause of the enactment of a State or local law to, and to have concurred in the Senate Sec. 523. Powers and duties. amendment with the following amendments: Sec. 524. Appeals and waivers. prohibiting ‘‘pay-to-play’’. In lieu of the matter proposed to be in- Sec. 525. Coast Guard Academy. In an effort to improve State procurement serted by the amendment of the Senate to Sec. 526. Report regarding civilian marine processes, many States have enacted anti- the text of the bill, insert the following: inspectors. pay-to-play laws that limit the amount of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE VI—MARINE SAFETY money that an individual or entity doing busi- (a) SHORT TITLE.—This Act may be cited as Sec. 601. Short title. ness with a State agency may contribute to a the ‘‘Coast Guard Authorization Act of 2010’’. Sec. 602. Vessel size limits. political party, campaign, or elected official. (b) TABLE OF CONTENTS.—The table of con- Sec. 603. Cold weather survival training. Unfortunately, FHWA has interpreted State tents for this Act is as follows: Sec. 604. Fishing vessel safety. anti-pay-to-play laws as potentially conflicting Sec. 1. Short title; table of contents. Sec. 605. Mariner records. with the competitive bidding requirements that TITLE I—AUTHORIZATION Sec. 606. Deletion of exemption of license requirement for operators of cer- apply to the use of Federal-aid highway funds Sec. 101. Authorization of appropriations. tain towing vessels. Sec. 102. Authorized levels of military under title 23 of the United States Code. Sec. 607. Log books. strength and training. As a result of this statutory requirement, Sec. 608. Safe operations and equipment FHWA has twice threatened to withhold Fed- TITLE II—COAST GUARD standards. eral highway funds from States that enacted Sec. 201. Appointment of civilian Coast Sec. 609. Approval of survival craft. anti-pay-to-play laws that applied to contracts Guard judges. Sec. 610. Safety management. on Federal-aid highway projects. The first in- Sec. 202. Industrial activities. Sec. 611. Protection against discrimination. stance occurred in 2004 in New Jersey. The Sec. 203. Reimbursement for medical-related Sec. 612. Oil fuel tank protection. travel expenses. Sec. 613. Oaths. second occurred last year in Illinois. Sec. 204. Commissioned officers. Sec. 614. Duration of licenses, certificates of The competitive bidding requirements of title Sec. 205. Coast Guard participation in the registry, and merchant mari- 23 are designed to ensure that the lowest Armed Forces Retirement ners’ documents. qualified bidder is awarded Federal-aid high- Home (AFRH) system. Sec. 615. Authorization to extend the dura- way contracts. They are not designed to pre- Sec. 206. Grants to international maritime tion of licenses, certificates of vent States from conducting procurement organizations. registry, and merchant mari- under the highest ethical standards. Unfortu- Sec. 207. Leave retention authority. ners’ documents. nately, in some instances, they have had just Sec. 208. Enforcement authority. Sec. 616. Merchant mariner assistance re- Sec. 209. Repeal. port. this effect. Sec. 210. Merchant Mariner Medical Advi- Sec. 617. Offshore supply vessels. H.R. 3427 addresses this situation by mak- sory Committee. Sec. 618. Associated equipment. ing it clear that no State will be considered to Sec. 211. Reserve commissioned warrant of- Sec. 619. Lifesaving devices on uninspected have violated FHWA competitive bidding re- ficer to lieutenant program. vessels. quirements solely because the State chose to Sec. 212. Enhanced status quo officer pro- Sec. 620. Study of blended fuels in marine enact an anti-pay-to-play law. motion system. application. This bill would neither require any State to Sec. 213. Coast Guard vessels and aircraft. Sec. 621. Renewal of advisory committees. Sec. 214. Coast Guard District Ombudsmen. Sec. 622. Delegation of authority. pass an ‘‘anti-pay-to-play’’ law nor prohibit it Sec. 215. Coast Guard commissioned officers: TITLE VII—OIL POLLUTION PREVENTION from doing so. It would not weigh in on the compulsory retirement. merits of any existing State law. It would sim- Sec. 216. Enforcement of coastwise trade Sec. 701. Rulemakings. ply remove what currently functions as a Fed- laws. Sec. 702. Oil transfers from vessels. eral prohibition on some States’ efforts to pro- Sec. 217. Report on sexual assaults in the Sec. 703. Improvements to reduce human Coast Guard. error and near miss incidents. hibit ‘‘pay-to-play’’. Sec. 704. Olympic Coast National Marine I urge my colleagues to join me in sup- Sec. 218. Home port of Coast Guard vessels in Guam. Sanctuary. porting H.R. 3427. Sec. 219. Supplemental positioning system. Sec. 705. Prevention of small oil spills. I yield back the balance of my time. Sec. 220. Assistance to foreign governments Sec. 706. Improved coordination with tribal The SPEAKER pro tempore. The and maritime authorities. governments. question is on the motion offered by Sec. 221. Coast guard housing. Sec. 707. Report on availability of tech- the gentleman from Minnesota (Mr. Sec. 222. Child development services. nology to detect the loss of oil. OBERSTAR) that the House suspend the Sec. 223. Chaplain activity expense. Sec. 708. Use of oil spill liability trust fund. rules and pass the bill, H.R. 3427, as Sec. 224. Coast Guard cross; silver star Sec. 709. International efforts on enforcement. amended. medal. TITLE III—SHIPPING AND NAVIGATION Sec. 710. Higher volume port area regulatory The question was taken; and (two- definition change. thirds being in the affirmative) the Sec. 301. Seaward extension of anchorage Sec. 711. Tug escorts for laden oil tankers. rules were suspended and the bill, as grounds jurisdiction. Sec. 712. Extension of financial responsi- amended, was passed. Sec. 302. Maritime Drug Law Enforcement bility. A motion to reconsider was laid on Act amendment-simple posses- Sec. 713. Liability for use of single-hull ves- sion. sels. the table. Sec. 303. Technical amendments to tonnage f measurement law. TITLE VIII—PORT SECURITY Sec. 304. Merchant mariner document stand- Sec. 801. America’s Waterway Watch Pro- b 1930 ards. gram. PROVIDING FOR CONCURRENCE Sec. 305. Ship emission reduction tech- Sec. 802. Transportation Worker Identifica- WITH AMENDMENTS IN SENATE nology demonstration project. tion Credential. Sec. 803. Interagency operational centers for AMENDMENT TO H.R. 3619, COAST Sec. 306. Phaseout of vessels supporting oil and gas development. port security. GUARD AUTHORIZATION ACT OF Sec. 307. Arctic marine shipping assessment Sec. 804. Deployable, specialized forces. 2010 implementation. Sec. 805. Coast Guard detection canine team Mr. OBERSTAR. Mr. Speaker, I move TITLE IV—ACQUISITION REFORM program expansion. to suspend the rules and agree to the Sec. 806. Coast Guard port assistance Pro- Sec. 401. Chief Acquisition Officer. gram. resolution (H. Res. 1665) providing for Sec. 402. Acquisitions. Sec. 807. Maritime biometric identification. the concurrence by the House in the Sec. 403. National Security Cutters. Sec. 808. Pilot Program for fingerprinting of Senate amendment to H.R. 3619, with Sec. 404. Acquisition workforce expedited maritime workers. amendments. hiring authority. Sec. 809. Transportation security cards on The Clerk read the title of the resolu- TITLE V—COAST GUARD vessels. tion. MODERNIZATION Sec. 810. Maritime Security Advisory Com- The text of the resolution is as fol- Sec. 501. Short title. mittees. lows: Subtitle A—Coast Guard Leadership Sec. 811. Seamen’s shoreside access. Sec. 812. Waterside security of especially Sec. 511. Vice admirals. H. RES. 1665 hazardous cargo. Resolved, That, upon the adoption of this Subtitle B—Workforce Expertise Sec. 813. Review of liquefied natural gas fa- resolution, the House shall be considered to Sec. 521. Prevention and response staff. cilities.

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0655 E:\CR\FM\A28SE7.134 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7103 Sec. 814. Use of secondary authentication for Subtitle B—Implementation of the ciated with the Bridge Alteration Program, transportation security cards. Convention $16,000,000. Sec. 815. Assessment of transportation secu- Sec. 1021. Certificates. (6) For environmental compliance and res- rity card enrollment sites. Sec. 1022. Declaration. toration at Coast Guard facilities (other Sec. 816. Assessment of the feasibility of ef- Sec. 1023. Other compliance documentation. than parts and equipment associated with forts to mitigate the threat of Sec. 1024. Process for considering additional operation and maintenance), $13,329,000, to small boat attack in major controls. remain available until expended. ports. Sec. 1025. Scientific and technical research (7) For the Coast Guard Reserve program, Sec. 817. Report and recommendation for and monitoring; communica- including personnel and training costs, uniform security background tion and information. equipment, and services, $135,675,000. checks. Sec. 1026. Communication and exchange of SEC. 102. AUTHORIZED LEVELS OF MILITARY Sec. 818. Transportation security cards: ac- information. STRENGTH AND TRAINING. cess pending issuance; deadlines Subtitle C—Prohibitions and Enforcement (a) ACTIVE DUTY STRENGTH.—The Coast for processing; receipt. Authority Guard is authorized an end-of-year strength Sec. 819. Harmonizing security card expira- for active duty personnel of 47,000 for the fis- tions. Sec. 1031. Prohibitions. cal year ending on September 30, 2011. Sec. 820. Clarification of rulemaking author- Sec. 1032. Investigations and inspections by (b) MILITARY TRAINING STUDENT LOADS.— ity. Secretary. For fiscal year 2011, the Coast Guard is au- Sec. 821. Port security training and certifi- Sec. 1033. EPA enforcement. thorized average military training student cation. Sec. 1034. Additional authority of the Ad- loads as follows: Sec. 822. Integration of security plans and ministrator. (1) For recruit and special training, 2,500 systems with local port au- Subtitle D—Action on Violation, Penalties, student years. thorities, State harbor divi- and Referrals (2) For flight training, 165 student years. sions, and law enforcement Sec. 1041. Criminal enforcement. (3) For professional training in military agencies. Sec. 1042. Civil enforcement. and civilian institutions, 350 student years. Sec. 823. Transportation security cards. Sec. 1043. Liability in rem. (4) For officer acquisition, 1,200 student Sec. 824. Pre-positioning interoperable com- Sec. 1044. Vessel clearance or permits; re- years. munications equipment at fusal or revocation; bond or TITLE II—COAST GUARD interagency operational cen- other surety. ters. SEC. 201. APPOINTMENT OF CIVILIAN COAST Sec. 1045. Warnings, detentions, dismissals, GUARD JUDGES. Sec. 825. International port and facility in- exclusion. (a) IN GENERAL.—Chapter 7 of title 14, spection coordination. Sec. 1046. Referrals for appropriate action by United States Code, is amended by adding at Sec. 826. Area transportation security inci- foreign country. the end the following: dent mitigation plan. Sec. 1047. Remedies not affected. ‘‘§ 153. Appointment of judges Sec. 827. Risk based resource allocation. Sec. 1048. Repeal. Sec. 828. Port security zones. ‘‘The Secretary may appoint civilian em- TITLE I—AUTHORIZATION TITLE IX—MISCELLANEOUS PROVISIONS ployees of the department in which the Coast SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Guard is operating as appellate military Sec. 901. Waivers. judges, available for assignment to the Coast Sec. 902. Crew wages on passenger vessels. Funds are authorized to be appropriated Sec. 903. Technical corrections. for fiscal year 2011 for necessary expenses of Guard Court of Criminal Appeals as provided Sec. 904. Manning requirement. the Coast Guard as follows: for in section 866(a) of title 10.’’. (b) CLERICAL AMENDMENT.—The analysis Sec. 905. Study of bridges over navigable wa- (1) For the operation and maintenance of for such chapter is amended by adding at the ters. the Coast Guard, $6,970,681,000 of which Sec. 906. Limitation on jurisdiction of $24,500,000 is authorized to be derived from end the following: States to tax certain seamen. the Oil Spill Liability Trust Fund to carry ‘‘153. Appointment of judges.’’. Sec. 907. Land conveyance, Coast Guard out the purposes of section 1012(a)(5) of the SEC. 202. INDUSTRIAL ACTIVITIES. property in Marquette County, Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). Section 151 of title 14, United States Code, Michigan, to the City of Mar- (2) For the acquisition, construction, re- is amended— quette, Michigan. building, and improvement of aids to naviga- (1) by inserting ‘‘(a) IN GENERAL.—’’ before Sec. 908. Mission requirement analysis for tion, shore and offshore facilities, vessels, ‘‘All orders’’; and navigable portions of the Rio and aircraft, including equipment related (2) by adding at the end the following: Grande River, Texas, inter- thereto, $1,640,000,000, of which— ‘‘(b) ORDERS AND AGREEMENTS FOR INDUS- national water boundary. (A) $20,000,000 shall be derived from the Oil TRIAL ACTIVITIES.—Under this section, the Sec. 909. Conveyance of Coast Guard prop- Spill Liability Trust Fund to carry out the Coast Guard industrial activities may accept erty in Cheboygan, Michigan. purposes of section 1012(a)(5) of the Oil Pollu- orders from and enter into reimbursable Sec. 910. Alternative licensing program for tion Act of 1990, to remain available until ex- agreements with establishments, agencies, operators of uninspected pas- pended; and departments of the Department of De- senger vessels on Lake Texoma (B) $1,233,502,000 is authorized for the Inte- fense and the Department of Homeland Secu- in Texas and Oklahoma. grated Deepwater System Program; and rity.’’. Sec. 911. Strategy regarding drug trafficking (C) $100,000,000 is authorized for shore fa- SEC. 203. REIMBURSEMENT FOR MEDICAL-RE- vessels. cilities and aids to navigation. LATED TRAVEL EXPENSES. Sec. 912. Use of force against piracy. (3) To the Commandant of the Coast Guard (a) IN GENERAL.—Chapter 13 of title 14, Sec. 913. Technical amendments to chapter for research, development, test, and evalua- United States Code, is amended by adding at 313 of title 46, United States tion of technologies, materials, and human the end the following: Code. factors directly relating to improving the ‘‘§ 518. Reimbursement for medical-related Sec. 914. Conveyance of Coast Guard vessels performance of the Coast Guard’s mission in travel expenses for certain persons resid- for public purposes. search and rescue, aids to navigation, marine ing on islands in the continental United Sec. 915. Assessment of certain aids to navi- safety, marine environmental protection, en- States gation and traffic flow. forcement of laws and treaties, ice oper- ‘‘In any case in which a covered bene- Sec. 916. Fresnel Lens from Presque Isle ations, oceanographic research, and defense ficiary (as defined in section 1072(5) of title Light Station in Presque Isle, readiness, $28,034,000, to remain available 10) resides on an island that is located in the Michigan. until expended, of which $500,000 shall be de- 48 contiguous States and the District of Co- Sec. 917. Maritime law enforcement. rived from the Oil Spill Liability Trust Fund lumbia and that lacks public access roads to Sec. 918. Capital investment plan. to carry out the purposes of section 1012(a)(5) the mainland and is referred by a primary Sec. 919. Reports. of the Oil Pollution Act of 1990. care physician to a specialty care provider Sec. 920. Compliance provision. (4) For retired pay (including the payment Sec. 921. Conveyance of Coast Guard prop- (as defined in section 1074i(b) of title 10) on of obligations otherwise chargeable to lapsed erty in Portland, Maine. the mainland who provides services less than appropriations for this purpose), payments 100 miles from the location where the bene- TITLE X—CLEAN HULLS under the Retired Serviceman’s Family Pro- ficiary resides, the Secretary shall reimburse Subtitle A—General Provisions tection and Survivor Benefit Plans, and pay- the reasonable travel expenses of the covered Sec. 1011. Definitions. ments for medical care of retired personnel beneficiary and, when accompaniment by an Sec. 1012. Covered vessels. and their dependents under chapter 55 of adult is necessary, for a parent or guardian Sec. 1013. Administration and enforcement. title 10, United States Code, $1,400,700,000, to of the covered beneficiary or another mem- Sec. 1014. Compliance with international remain available until expended. ber of the covered beneficiary’s family who law. (5) For alteration or removal of bridges is at least 21 years of age.’’. Sec. 1015. Utilization of personnel, facilities over navigable waters of the United States (b) CLERICAL AMENDMENT.—The analysis or equipment of other Federal constituting obstructions to navigation, and for such chapter is amended by adding at the departments and agencies. for personnel and administrative costs asso- end the following:

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‘‘518. Reimbursement for medical-related (b) CLERICAL AMENDMENT.—The analysis (c) APPLICATION.—The amendments made travel expenses for certain per- for chapter 3 of such title is amended by by this section shall be deemed to have been sons residing on islands in the striking the item relating to section 42 and enacted on April 19, 2010. continental United States.’’. inserting the following: SEC. 208. ENFORCEMENT AUTHORITY. SEC. 204. COMMISSIONED OFFICERS. ‘‘42. Number and distribution of commis- (a) IN GENERAL.—Chapter 5 of title 14, (a) ACTIVE DUTY PROMOTION LIST.—Section sioned officers on active duty United States Code, is amended by adding at 42 of title 14, United States Code, is amended promotion list.’’. the end the following: to read as follows: SEC. 205. COAST GUARD PARTICIPATION IN THE ‘‘§ 99. Enforcement authority ‘‘§ 42. Number and distribution of commis- ARMED FORCES RETIREMENT HOME ‘‘Subject to guidelines approved by the sioned officers on active duty promotion (AFRH) SYSTEM. Secretary, members of the Coast Guard, in list (a) IN GENERAL.—Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 the performance of official duties, may— ‘‘(a) MAXIMUM TOTAL NUMBER.—The total U.S.C. 401) is amended— ‘‘(1) carry a firearm; and number of Coast Guard commissioned offi- (1) by striking paragraph (4); ‘‘(2) while at a facility (as defined in sec- cers on the active duty promotion list, ex- (2) in paragraph (5)— tion 70101 of title 46)— cluding warrant officers, shall not exceed (A) by striking ‘‘and’’ at the end of sub- ‘‘(A) make an arrest without warrant for 7,200; except that the Commandant may tem- paragraph (C); any offense against the United States com- porarily increase that number by up to 2 per- (B) by striking the period at the end of mitted in their presence; and cent for no more than 60 days following the subparagraph (D) and inserting ‘‘; and’’; and ‘‘(B) seize property as otherwise provided date of the commissioning of a Coast Guard (C) by inserting at the end the following: by law.’’. Academy class. ‘‘(E) the Assistant Commandant of the (b) CONFORMING REPEAL.—Section 70117 of ‘‘(b) DISTRIBUTION PERCENTAGES BY Coast Guard for Human Resources.’’; and title 46, United States Code, and the item re- GRADE.— (3) by adding at the end of paragraph (6) lating to such section in the analysis at the ‘‘(1) REQUIRED.—The total number of com- beginning of chapter 701 of such title, are re- missioned officers authorized by this section the following: pealed. shall be distributed in grade in the following ‘‘(E) The Master Chief Petty Officer of the (c) CLERICAL AMENDMENT.—The analysis percentages: 0.375 percent for rear admiral; Coast Guard.’’. (b) CONFORMING AMENDMENTS.—(1) Section for such chapter is amended by adding at the 0.375 percent for rear admiral (lower half); 6.0 2772 of title 10, United States Code, is amend- end the following: percent for captain; 15.0 percent for com- ed— mander; and 22.0 percent for lieutenant com- ‘‘99. Enforcement authority.’’. (A) in subsection (a) by inserting ‘‘or, in mander. SEC. 209. REPEAL. the case of the Coast Guard, the Com- ‘‘(2) DISCRETIONARY.—The Secretary shall Section 216 of title 14, United States Code, mandant’’ after ‘‘concerned’’; and prescribe the percentages applicable to the and the item relating to such section in the (B) by striking subsection (c). grades of lieutenant, lieutenant (junior (2) Section 1007(i) of title 37, United States analysis for chapter 11 of such title, are re- grade), and ensign. Code, is amended— pealed. UTHORITY OF SECRETARY TO REDUCE ‘‘(3) A (A) in paragraph (3) by inserting ‘‘or, in the SEC. 210. MERCHANT MARINER MEDICAL ADVI- PERCENTAGE.—The Secretary— case of the Coast Guard, the Commandant’’ SORY COMMITTEE. ‘‘(A) may reduce, as the needs of the Coast after ‘‘Secretary of Defense’’; (a) IN GENERAL.—Chapter 71 of title 46, Guard require, any of the percentages set (B) by striking paragraph (4); and United States Code, is amended by adding at forth in paragraph (1); and (C) by redesignating paragraph (5) as para- the end the following new section: ‘‘(B) shall apply that total percentage re- graph (4). ‘‘§ 7115. Merchant Mariner Medical Advisory duction to any other lower grade or com- SEC. 206. GRANTS TO INTERNATIONAL MARITIME Committee bination of lower grades. ORGANIZATIONS. ‘‘(c) COMPUTATIONS.— ‘‘(a) ESTABLISHMENT.— Section 149 of title 14, United States Code, ‘‘(1) IN GENERAL.—The Secretary shall com- ‘‘(1) IN GENERAL.—There is established a is amended by adding at the end the fol- pute, at least once each year, the total num- Merchant Mariner Medical Advisory Com- lowing: ber of commissioned officers authorized to mittee (in this section referred to as the ‘‘(c) GRANTS TO INTERNATIONAL MARITIME serve in each grade by applying the grade ‘Committee’). ORGANIZATIONS.—After consultation with the ‘‘(2) FUNCTIONS.—The Committee shall ad- distribution percentages established by or Secretary of State, the Commandant may under this section to the total number of vise the Secretary on matters relating to— make grants to, or enter into cooperative ‘‘(A) medical certification determinations commissioned officers listed on the current agreements, contracts, or other agreements active duty promotion list. for issuance of licences, certificates of reg- with, international maritime organizations istry, and merchant mariners’ documents; ‘‘(2) ROUNDING FRACTIONS.—Subject to sub- for the purpose of acquiring information or section (a), in making the computations ‘‘(B) medical standards and guidelines for data about merchant vessel inspections, se- the physical qualifications of operators of under paragraph (1), any fraction shall be curity, safety, environmental protection, rounded to the nearest whole number. commercial vessels; classification, and port state or flag state ‘‘(C) medical examiner education; and ‘‘(3) TREATMENT OF OFFICERS SERVING OUT- law enforcement or oversight.’’. SIDE COAST GUARD.—The number of commis- ‘‘(D) medical research. SEC. 207. LEAVE RETENTION AUTHORITY. sioned officers on the active duty promotion ‘‘(b) MEMBERSHIP.— (a) IN GENERAL.—Chapter 11 of title 14, list below the rank of rear admiral (lower ‘‘(1) IN GENERAL.—The Committee shall United States Code, is amended by inserting half) serving with other Federal departments consist of 14 members, none of whom is a after section 425 the following: or agencies on a reimbursable basis or ex- Federal employee, and shall include— cluded under section 324(d) of title 49 shall ‘‘§ 426. Emergency leave retention authority ‘‘(A) ten who are health-care professionals not be counted against the total number of ‘‘(a) IN GENERAL.—A duty assignment for with particular expertise, knowledge, or ex- commissioned officers authorized to serve in an active duty member of the Coast Guard in perience regarding the medical examinations each grade. support of a declaration of a major disaster of merchant mariners or occupational medi- ‘‘(d) USE OF NUMBERS; TEMPORARY IN- or emergency by the President under the cine; and CREASES.—The numbers resulting from com- Robert T. Stafford Disaster Relief and Emer- ‘‘(B) four who are professional mariners putations under subsection (c) shall be, for gency Assistance Act (42 U.S.C. 5121 et seq.) with knowledge and experience in mariner all purposes, the authorized number in each or in response to a spill of national signifi- occupational requirements. grade; except that the authorized number for cance shall be treated, for the purpose of sec- ‘‘(2) STATUS OF MEMBERS.—Members of the a grade is temporarily increased during the tion 701(f)(2) of title 10, as a duty assignment Committee shall not be considered Federal period between one computation and the in support of a contingency operation. employees or otherwise in the service or the next by the number of officers originally ap- ‘‘(b) DEFINITIONS.—In this section: employment of the Federal Government, ex- pointed in that grade during that period and ‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The cept that members shall be considered spe- the number of officers of that grade for term ‘spill of national significance’ means a cial Government employees, as defined in whom vacancies exist in the next higher discharge of oil or a hazardous substance section 202(a) of title 18, United States Code, grade but whose promotion has been delayed that is declared by the Commandant to be a and shall be subject to any administrative for any reason. spill of national significance. standards of conduct applicable to the em- ‘‘(e) OFFICERS SERVING COAST GUARD ACAD- ‘‘(2) DISCHARGE.—The term ‘discharge’ has ployees of the department in which the Coast EMY AND RESERVE.—The number of officers the meaning given that term in section 1001 Guard is operating. authorized to be serving on active duty in of the Oil Pollution Act of 1990 (33 U.S.C. ‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— each grade of the permanent commissioned 2701).’’. ‘‘(1) APPOINTMENTS.—The Secretary shall teaching staff of the Coast Guard Academy (b) CLERICAL AMENDMENT.—The analysis appoint the members of the Committee, and and of the Reserve serving in connection for such chapter is amended by inserting each member shall serve at the pleasure of with organizing, administering, recruiting, after the item relating to section 425 the fol- the Secretary. instructing, or training the reserve compo- lowing: ‘‘(2) TERMS.—Each member shall be ap- nents shall be prescribed by the Secretary.’’. ‘‘426. Emergency leave retention authority.’’. pointed for a term of five years, except that,

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of the members first appointed, three mem- to the need for a minimum number of offi- ‘‘(C) PRIORITY.—In providing such assist- bers shall be appointed for a term of two cers with particular skills within a specialty; ance, the District Ombudsman shall give pri- years. and ority to complaints brought by petitioners ‘‘(3) VACANCIES.—Any member appointed to ‘‘(B) any other guidance that the Secretary who believe they will suffer a significant fill the vacancy prior to the expiration of the believes may be necessary to enable the hardship as the result of implementing a term for which that member’s predecessor board to properly perform its functions. Coast Guard requirement or being denied a was appointed shall be appointed for the re- ‘‘(2) Selections made based on the direction Coast Guard service. mainder of that term. and guidance provided under this subsection ‘‘(3) CONSULTATION.—The District Ombuds- ‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The shall not exceed the maximum percentage of man may consult with any Coast Guard per- Secretary shall designate one member of the officers who may be selected from below the sonnel who can aid in the investigation of a Committee as the Chairman and one member announced promotion zone at any given se- complaint. as the Vice Chairman. The Vice Chairman lection board convened under section 251 of ‘‘(4) ACCESS TO INFORMATION.—The District shall act as Chairman in the absence or inca- this title.’’; Ombudsman shall have access to any Coast pacity of, or in the event of a vacancy in the (3) in section 259(a), by inserting after Guard document, including any record or re- office of, the Chairman. ‘‘whom the board’’ the following: ‘‘, giving port, that will aid the District Ombudsman ‘‘(e) COMPENSATION; REIMBURSEMENT.— due consideration to the needs of the Coast in obtaining the information needed to con- Members of the Committee shall serve with- Guard for officers with particular skills so duct an investigation of a complaint. out compensation, except that, while en- noted in specific direction furnished to the ‘‘(5) REPORTS.—At the conclusion of an in- gaged in the performance of duties away board by the Secretary under section 258 of vestigation, the District Ombudsman shall from their homes or regular places of busi- this title,’’; and submit a report on the findings and rec- ness of the member, the member of the Com- (4) in section 260(b), by inserting after ommendations of the District Ombudsman, mittee may be allowed travel expenses, in- ‘‘qualified for promotion’’ the following: ‘‘to to the Commander of the District in which cluding per diem in lieu of subsistence, as meet the needs of the service (as noted in the petitioner who brought the complaint is authorized by section 5703 of title 5. specific direction furnished the board by the located or operating. ‘‘(f) STAFF; SERVICES.—The Secretary shall Secretary under section 258 of this title)’’. ‘‘(6) DEADLINE.—The District Ombudsman furnish to the Committee the personnel and SEC. 213. COAST GUARD VESSELS AND AIRCRAFT. shall seek to resolve each complaint brought services as are considered necessary for the (a) AUTHORITY TO FIRE ATORINTO A VES- in accordance with the guidelines— conduct of its business.’’. SEL.—Section 637(c) of title 14, United States ‘‘(A) in a timely fashion; and (b) FIRST MEETING.—No later than six Code, is amended— ‘‘(B) not later than 4 months after the months after the date of enactment of this (1) in paragraph (1), by striking ‘‘; or’’ and complaint is officially accepted by the Dis- Act, the Merchant Mariner Medical Advisory inserting a semicolon; trict Ombudsman. Committee established by the amendment (2) in paragraph (2), by striking the period ‘‘(d) APPOINTMENT.—The Commandant made by this section shall hold its first at the end and inserting ‘‘; or’’; and shall appoint as the District Ombudsman an meeting. (3) by adding at the end the following: individual who has experience in port and (c) CLERICAL AMENDMENT.—The analysis ‘‘(3) any other vessel or aircraft on govern- transportation systems and knowledge of for chapter 71 of that title is amended by ment noncommercial service when— port operations or of maritime commerce (or adding at the end the following: ‘‘(A) the vessel or aircraft is under the tac- both). ‘‘7115. Merchant Mariner Medical Advisory tical control of the Coast Guard; and ‘‘(e) ANNUAL REPORTS.—The Secretary Committee.’’. ‘‘(B) at least one member of the Coast shall report annually to the Committee on Transportation and Infrastructure of the SEC. 211. RESERVE COMMISSIONED WARRANT Guard is assigned and conducting a Coast OFFICER TO LIEUTENANT PRO- Guard mission on the vessel or aircraft.’’. House of Representatives and the Committee GRAM. (b) AUTHORITY TO DISPLAY COAST GUARD on Commerce, Science, and Transportation Section 214(a) of title 14, United States ENSIGNS AND PENNANTS.—Section 638(a) of of the Senate on the matters brought before Code, is amended to read as follows: title 14, United States Code, is amended by the District Ombudsmen, including— ‘‘(a) The president may appoint temporary striking ‘‘Coast Guard vessels and aircraft’’ ‘‘(1) the number of matters brought before commissioned officers— and inserting ‘‘Vessels and aircraft author- each District Ombudsman; ‘‘(1) in the Regular Coast Guard in a grade, ized by the Secretary’’. ‘‘(2) a brief summary of each such matter; not above lieutenant, appropriate to their SEC. 214. COAST GUARD DISTRICT OMBUDSMEN. and qualifications, experience, and length of (a) IN GENERAL.—Chapter 3 of title 14, ‘‘(3) the eventual resolution of each such service, as the needs of the Coast Guard may United States Code, is amended by adding at matter.’’. require, from among the commissioned war- the end the following new section: (b) CLERICAL AMENDMENT.—The analysis at the beginning of that chapter is amended by rant officers, warrant officers, and enlisted ‘‘§ 55. District Ombudsmen adding at the end the following new item: members of the Coast Guard, and from hold- ‘‘(a) IN GENERAL.—The Commandant shall ers of licenses issued under chapter 71 of title appoint in each Coast Guard District a Dis- ‘‘55. District Ombudsmen.’’. 46; and trict Ombudsman to serve as a liaison be- SEC. 215. COAST GUARD COMMISSIONED OFFI- ‘‘(2) in the Coast Guard Reserve in a grade, tween ports, terminal operators, shipowners, CERS: COMPULSORY RETIREMENT. not above lieutenant, appropriate to their and labor representatives and the Coast (a) IN GENERAL.—Chapter 11 of title 14, qualifications, experience, and length of Guard. United States Code, is amended by striking service, as the needs of the Coast Guard may ‘‘(b) PURPOSE.—The purpose of the District section 293 and inserting the following: require, from among the commissioned war- Ombudsman shall be the following: ‘‘§ 293. Compulsory retirement rant officers of the Coast Guard Reserve.’’. ‘‘(1) To support the operations of the Coast ‘‘(a) REGULAR COMMISSIONED OFFICERS.— SEC. 212. ENHANCED STATUS QUO OFFICER PRO- Guard in each port in the District for which Any regular commissioned officer, except a MOTION SYSTEM. the District Ombudsman is appointed. commissioned warrant officer, serving in a Chapter 11 of title 14, United States Code, ‘‘(2) To improve communications between grade below rear admiral (lower half) shall is amended— and among port stakeholders including, port be retired on the first day of the month fol- (1) in section 253(a)— and terminal operators, ship owners, labor lowing the month in which the officer be- (A) by inserting ‘‘and’’ after ‘‘considered,’’; representatives, and the Coast Guard. comes 62 years of age. and ‘‘(3) To seek to resolve disputes between ‘‘(b) FLAG-OFFICER GRADES.—(1) Except as (B) by striking ‘‘, and the number of offi- the Coast Guard and all petitioners regard- provided in paragraph (2), any regular com- cers the board may recommend for pro- ing requirements imposed or services pro- missioned officer serving in a grade of rear motion’’; vided by the Coast Guard. admiral (lower half) or above shall be retired (2) in section 258— ‘‘(c) FUNCTIONS.— on the first day of the month following the (A) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(1) COMPLAINTS.—The District Ombuds- month in which the officer becomes 64 years ‘‘The Secretary shall’’ ; man may examine complaints brought to the of age. (B) in subsection (a) (as so designated) by attention of the District Ombudsman by a ‘‘(2) The retirement of an officer under striking the colon at the end of the material petitioner operating in a port or by Coast paragraph (1) may be deferred— preceding paragraph (1) and inserting ‘‘—’’; Guard personnel. ‘‘(A) by the President, but such a and ‘‘(2) GUIDELINES FOR DISPUTES.— deferment may not extend beyond the first (C) by adding at the end the following: ‘‘(A) IN GENERAL.—The District Ombuds- day of the month following the month in ‘‘(b) PROVISION OF DIRECTION AND GUID- man shall develop guidelines regarding the which the officer becomes 68 years of age; or ANCE.— types of disputes with respect to which the ‘‘(B) by the Secretary of the department in ‘‘(1) In addition to the information pro- District Ombudsman will provide assistance. which the Coast Guard is operating, but such vided pursuant to subsection (a), the Sec- ‘‘(B) LIMITATION.—The District Ombuds- a deferment may not extend beyond the first retary may furnish the selection board— man shall not provide assistance with re- day of the month following the month in ‘‘(A) specific direction relating to the spect to a dispute unless it involves the im- which the officer becomes 66 years of age.’’. needs of the Coast Guard for officers having pact of Coast Guard requirements on port (b) CLERICAL AMENDMENT.—The analysis at particular skills, including direction relating business and the flow of commerce. the beginning of such chapter is amended by

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.154 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7106 CONGRESSIONAL RECORD — HOUSE September 28, 2010 striking the item relating to such section SEC. 220. ASSISTANCE TO FOREIGN GOVERN- acquire and construct military family hous- and inserting the following: MENTS AND MARITIME AUTHORI- ing and military unaccompanied housing. TIES. ‘‘293. Compulsory retirement.’’. ‘‘(2) The conveyance of real property under Section 149 of title 14, United States Code, this section shall not diminish the mission SEC. 216. ENFORCEMENT OF COASTWISE TRADE as amended by section 206, is further amend- capacity of the Coast Guard, but further the LAWS. ed by adding at the end the following: mission support capability of the Coast (a) IN GENERAL.—Chapter 5 of title 14, ‘‘(d) AUTHORIZED ACTIVITIES.— Guard with regard to military family hous- United States Code, is further amended by ‘‘(1) The Commandant may use funds for— ing or military unaccompanied housing. adding at the end the following: ‘‘(A) the activities of traveling contact ‘‘(c) RELATIONSHIP TO ENVIRONMENTAL teams, including any transportation expense, LAW.—This section does not affect or limit ‘‘§ 100. Enforcement of coastwise trade laws translation services expense, or administra- the application of or obligation to comply ‘‘Officers and members of the Coast Guard tive expense that is related to such activi- with any environmental law, including sec- are authorized to enforce chapter 551 of title ties; tion 120(h) of the Comprehensive Environ- 46. The Secretary shall establish a program ‘‘(B) the activities of maritime authority mental Response, Compensation, and Liabil- for these officers and members to enforce liaison teams of foreign governments mak- ity Act of 1980 (42 U.S.C. 9620(h)).’’; that chapter.’’. ing reciprocal visits to Coast Guard units, (5) by repealing section 686; (b) CLERICAL AMENDMENT.—The analysis including any transportation expense, trans- (6) in section 687— for that chapter is further amended by add- lation services expense, or administrative (A) in subsection (b)— ing at the end the following new item: expense that is related to such activities; (i) in paragraph (2), by striking ‘‘or unac- ‘‘(C) seminars and conferences involving companied’’ and inserting ‘‘or military unac- ‘‘100. Enforcement of coastwise trade laws.’’. members of maritime authorities of foreign companied’’; (c) REPORT.—The Secretary of the depart- governments; (ii) in paragraph (3)— ment in which the Coast Guard is operating ‘‘(D) distribution of publications pertinent (I) by striking ‘‘or lease’’; shall submit a report to the Committee on to engagement with maritime authorities of (II) by striking ‘‘or facilities’’; and Transportation and Infrastructure of the foreign governments; and (III) by striking ‘‘military family and’’ and House of Representatives and the Senate ‘‘(E) personnel expenses for Coast Guard ci- inserting ‘‘military family housing and’’; and Committee on Commerce, Science, and vilian and military personnel to the extent (iii) by repealing paragraph (4); Transportation within one year after the that those expenses relate to participation in (B) subsection (c), by amending paragraph date of enactment of this Act on the enforce- an activity described in subparagraph (C) or (1) to read as follows:(1) In such amounts as ment strategies and enforcement actions (D). provided in appropriations Acts, and except taken to enforce the coastwise trade laws. ‘‘(2) An activity may not be conducted as provided in subsection (d), the Secretary SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE under this subsection with a foreign country may use amounts in the Coast Guard Hous- COAST GUARD. unless the Secretary of State approves the ing Fund to carry out activities under this (a) IN GENERAL.—Not later than January 15 conduct of such activity in that foreign chapter with respect to military family of each year, the Commandant of the Coast country.’’. housing and military unaccompanied hous- Guard shall submit a report on the sexual as- SEC. 221. COAST GUARD HOUSING. ing, including— saults involving members of the Coast Guard (a) IN GENERAL.—Chapter 18 of title 14, ‘‘(A) the planning, execution, and adminis- to the Committee on Transportation and In- United States Code, is amended— tration of the conveyance of real property; frastructure and the Committee on Home- (1) in section 680— ‘‘(B) all necessary expenses, including ex- land Security of the House of Representa- (A) by striking paragraphs (1), (2), and (3) penses for environmental compliance and tives and the Committee on Commerce, and inserting the following new paragraphs: restoration, to prepare real property for con- Science, and Transportation of the Senate. ‘‘(1) The term ‘construct’ means to build, veyance; and ‘‘(C) the conveyance of real property.’’; (b) CONTENTS.—The report required under renovate, or improve military family hous- subsection (a) shall contain the following: ing and military unaccompanied housing. (C) in subsection (e), by striking ‘‘or (1) The number of sexual assaults against ‘‘(2) The term ‘construction’ means build- (b)(3)’’; and members of the Coast Guard, and the number ing, renovating, or improving military fam- (D) by repealing subsections (f) and (g); of sexual assaults by members of the Coast ily housing and military unaccompanied (7) by repealing 687a; Guard, that were reported to military offi- housing.’’; and (8) by amending section 688 to read as fol- cials during the year covered by such report, (B) by redesignating paragraphs (4) and (5) lows: and the number of the cases so reported that as paragraphs (3) and (4), respectively; ‘‘§ 688. Reports were substantiated. (2) in section 681(a)— ‘‘The Secretary shall prepare and submit (2) A synopsis of, and the disciplinary ac- (A) in the matter preceding paragraph (1), to Congress, concurrent with the budget sub- tion taken in, each substantiated case. by striking ‘‘exercise any authority or any mitted pursuant to section 1105 of title 31, a (3) The policies, procedures, and processes combination of authorities provided under report identifying the contracts or agree- implemented by the Secretary concerned this chapter in order to provide for the ac- ments for the conveyance of properties pur- during the year covered by such report in re- quisition or construction by private persons, suant to this chapter executed during the sponse to incidents of sexual assault involv- including a small business concern qualified prior calendar year.’’; and ing members of the Coast Guard concerned. under section 8(a) of the Small Business Act (9) by repealing section 689. (4) A plan for the actions that are to be (15 U.S.C. 637(a)), of the following:’’ and in- (b) SAVINGS CLAUSE.—This section shall taken in the year following the year covered serting ‘‘acquire or construct the fol- not affect any action commenced prior to by such report on the prevention of and re- lowing:’’; the date of enactment of this Act. (c) CLERICAL AMENDMENT.—The chapter sponse to sexual assault involving members (B) in paragraph (1), by striking ‘‘Family analysis at the beginning of such chapter is of the Coast Guard concerned. housing units’’ and inserting ‘‘Military family housing’’; and amended— SEC. 218. HOME PORT OF COAST GUARD VESSELS (C) in paragraph (2), by striking ‘‘Unac- (1) by striking the items relating to sec- IN GUAM. companied housing units’’ and inserting tions 682, 683, 684, 686, 687a, and 689; and Section 96 of title 14, United States Code, ‘‘Military unaccompanied housing’’; (2) by amending the item relating to sec- is amended— (3) by repealing sections 682, 683, and 684; tion 685 to read as follows: (1) by striking ‘‘a State of the United (4) by amending section 685 to read as fol- ‘‘685. Conveyance of real property.’’. States’’ and inserting ‘‘the United States or lows: SEC. 222. CHILD DEVELOPMENT SERVICES. Guam’’; and ‘‘§ 685. Conveyance of real property Section 515 of title 14, United States Code, (2) by inserting ‘‘or Guam’’ after ‘‘outside is amended— ‘‘(a) CONVEYANCE AUTHORIZED.—Notwith- the United States’’. (1) by striking subsection (b) and inserting standing any other provision of law, the Sec- SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM. the following: retary may convey, at fair market value, ‘‘(b)(1) The Commandant is authorized to Not later than 180 days after date of enact- real property, owned or under the adminis- use appropriated funds available to the Coast ment of this Act, the Secretary of the de- trative control of the Coast Guard, for the Guard to provide child development services. partment in which the Coast Guard is oper- purpose of expending the proceeds from such ‘‘(2)(A) The Commandant is authorized to ating in consultation with the Commandant conveyance to acquire and construct mili- establish, by regulations, fees to be charged of the Coast Guard shall conclude their tary family housing and military unaccom- parents for the attendance of children at study of whether a single, domestic system panied housing. Coast Guard child development centers. is needed as a back-up navigation system to ‘‘(b) TERMS AND CONDITIONS.— ‘‘(B) Fees to be charged, pursuant to sub- the Global Positioning System and notify ‘‘(1) The conveyance of real property under paragraph (A), shall be based on family in- the Committee on Transportation and Infra- this section shall be by sale, for cash. The come, except that the Commandant may, on structure of the House of Representatives Secretary shall deposit the proceeds from a case-by-base basis, establish fees at lower and the Committee on Commerce, Science, the sale in the Coast Guard Housing Fund es- rates if such rates would not be competitive and Transportation of the Senate the results tablished under section 687 of this title, for with rates at local child development cen- of such determination. the purpose of expending such proceeds to ters.

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‘‘(C) The Commandant is authorized to col- (1) by striking the designation and heading ‘‘(c) SIMPLE POSSESSION.— lect and expend fees, established pursuant to of section 492a and inserting the following: ‘‘(1) IN GENERAL.—Any individual on a ves- this subparagraph, and such fees shall, with- ‘‘§ 492b. Distinguished flying cross’’; sel subject to the jurisdiction of the United States who is found by the Secretary, after out further appropriation, remain available and notice and an opportunity for a hearing, to until expended for the purpose of providing (2) by inserting after section 492 the fol- have knowingly or intentionally possessed a services, including the compensation of em- lowing new section: ployees and the purchase of consumable and controlled substance within the meaning of disposable items, at Coast Guard child devel- ‘‘§ 492a. Silver star medal the Controlled Substances Act (21 U.S.C. 812) opment centers. ‘‘The President may award a silver star shall be liable to the United States for a civil ‘‘(3) The Commandant is authorized to use medal of appropriate design, with ribbons penalty of not to exceed $5,000 for each viola- appropriated funds available to the Coast and appurtenances, to a person who, while tion. The Secretary shall notify the indi- Guard to provide assistance to family home serving in any capacity with the Coast vidual in writing of the amount of the civil daycare providers so that family home Guard, when the Coast Guard is not oper- penalty. daycare services can be provided to uni- ating under the Department of the Navy, is ‘‘(2) DETERMINATION OF AMOUNT.—In deter- formed service members and civilian employ- cited for gallantry in action that does not mining the amount of the penalty, the Sec- ees of the Coast Guard at a cost comparable warrant a medal of honor or Coast Guard retary shall consider the nature, cir- to the cost of services provided by Coast cross— cumstances, extent, and gravity of the pro- Guard child development centers.’’; ‘‘(1) while engaged in an action against an hibited acts committed and, with respect to (2) by repealing subsections (d) and (e); and enemy of the United States; the violator, the degree of culpability, any (3) by redesignating subsections (f) and (g) ‘‘(2) while engaged in military operations history of prior offenses, ability to pay, and as subsections (d) and (e), respectively. involving conflict with an opposing foreign other matters that justice requires. force or international terrorist organization; SEC. 223. CHAPLAIN ACTIVITY EXPENSE. ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS- or Section 145 of title 14, United States Code, MENT.—Assessment of a civil penalty under ‘‘(3) while serving with friendly foreign is amended— this subsection shall not be considered a con- forces engaged in an armed conflict against (1) in subsection (a)— viction for purposes of State or Federal law an opposing armed force in which the United (A) in paragraph (2), by striking ‘‘and’’ at but may be considered proof of possession if States is not a belligerent party.’’. the end; such a determination is relevant.’’. (c) CONFORMING AMENDMENTS.—Such chap- (B) in paragraph (3), by striking the period SEC. 303. TECHNICAL AMENDMENTS TO TON- ter is further amended— NAGE MEASUREMENT LAW. at the end and inserting ‘‘; and’’; and (1) in section 494, by striking ‘‘distin- (C) by adding at the end the following new (a) DEFINITIONS.—Section 14101(4) of title guished service medal, distinguished flying 46, United States Code, is amended— paragraph: cross,’’ and inserting ‘‘Coast Guard cross, ‘‘(4) detail personnel from the Chaplain (1) by striking ‘‘engaged’’ the first place it distinguished service medal, silver star appears and inserting ‘‘that engages’’; Corps to provide services, pursuant to sec- medal, distinguished flying cross,’’ in both tion 1789 of title 10, to the Coast Guard.’’; (2) in subparagraph (A), by striking ‘‘arriv- places it appears; ing’’ and inserting ‘‘that arrives’’; and (2) in section 496— (2) by adding at the end the following new (3) in subparagraph (B)— (A) in the matter preceding paragraph (1) (A) by striking ‘‘making’’ and inserting subsection: of subsection (a), by striking ‘‘distinguished ‘‘(d)(1) As part of the services provided by ‘‘that makes’’; and service medal, distinguished flying cross,’’ the Secretary of the Navy pursuant to sub- (B) by striking ‘‘(except a foreign vessel and inserting ‘‘Coast Guard cross, distin- section (a)(4), the Secretary may provide engaged on that voyage)’’; guished service medal, silver star medal, dis- support services to chaplain-led programs to (4) in subparagraph (C), by striking ‘‘de- tinguished flying cross,’’; and assist members of the Coast Guard on active parting’’ and inserting ‘‘that departs’’; and (B) in subsection (b)(2), by striking ‘‘distin- duty and their dependents, and members of (5) in subparagraph (D), by striking ‘‘mak- guished service medal, distinguished flying the reserve component in an active status ing’’ and inserting ‘‘that makes’’. cross,’’ and inserting ‘‘Coast Guard cross, and their dependents, in building and main- (b) DELEGATION OF AUTHORITY.—Section distinguished service medal, silver star taining a strong family structure. 14103(c) of that title is amended by striking medal, distinguished flying cross,’’; and ‘‘(2) In this subsection, the term ‘support ‘‘intended to be engaged on’’ and inserting (3) in section 497, by striking ‘‘distin- services’ include transportation, food, lodg- ‘‘that engages on’’. guished service medal, distinguished flying (c) APPLICATION.—Section 14301 of that ing, child care, supplies, fees, and training cross,’’ and inserting ‘‘Coast Guard cross, title is amended— materials for members of the Coast Guard on distinguished service medal, silver star (1) by amending subsection (a) to read as active duty and their dependents, and mem- medal, distinguished flying cross,’’. follows: bers of the reserve component in an active (d) CLERICAL AMENDMENTS.—The analysis ‘‘(a) Except as otherwise provided in this status and their dependents, while partici- at the beginning of such chapter is amend- section, this chapter applies to any vessel for pating in programs referred to in paragraph ed— which the application of an international (1), including participation at retreats and (1) by inserting after the item relating to agreement or other law of the United States conferences. section 491 the following new item: to the vessel depends on the vessel’s ton- ‘‘(3) In this subsection, the term ‘depend- ‘‘491a. Coast Guard cross.’’. nage.’’; ents’ has the same meaning as defined in sec- (2) in subsection (b)— tion 1072(2) of title 10.’’. (2) by striking the item relating to section 492a and inserting the following new items: (A) in paragraph (1), by striking the period SEC. 224. COAST GUARD CROSS; SILVER STAR at the end and inserting ‘‘, unless the govern- MEDAL. ‘‘492a. Silver star medal. ‘‘492b. Distinguished flying cross.’’. ment of the country to which the vessel be- (a) COAST GUARD CROSS.—Chapter 13 of longs elects to measure the vessel under this TITLE III—SHIPPING AND NAVIGATION title 14, United States Code, is amended by chapter.’’; inserting after section 491 the following new SEC. 301. SEAWARD EXTENSION OF ANCHORAGE (B) in paragraph (3), by inserting ‘‘of GROUNDS JURISDICTION. section: United States or Canadian registry or na- Section 7 of the Rivers and Harbors Appro- ‘‘§ 491a. Coast Guard cross tionality, or a vessel operated under the au- priations Act of 1915 (33 U.S.C. 471) is amend- thority of the United States or Canada, and ‘‘The President may award a Coast Guard ed— that is’’ after ‘‘vessel’’; cross of appropriate design, with ribbons and (1) by striking ‘‘That the’’ and inserting (C) in paragraph (4), by striking ‘‘a vessel appurtenances, to a person who, while serv- the following: (except a vessel engaged’’ and inserting ‘‘a ing in any capacity with the Coast Guard, ‘‘(a) IN GENERAL.—The’’. when the Coast Guard is not operating under (2) in subsection (a) (as designated by para- vessel of United States registry or nation- the Department of the Navy, distinguishes graph (1)) by striking ‘‘$100; and the’’ and in- ality, or one operated under the authority of himself or herself by extraordinary heroism serting ‘‘up to $10,000. Each day during which the United States (except a vessel that en- not justifying the award of a medal of a violation continues shall constitute a sepa- gages’’; honor— rate violation. The’’; and (D) by striking paragraph (5); ‘‘(1) while engaged in an action against an (3) by adding at the end the following: (E) by redesignating paragraph (6) as para- enemy of the United States; ‘‘(b) DEFINITION.—As used in this section graph (5); and ‘‘(2) while engaged in military operations ‘navigable waters of the United States’ in- (F) by amending paragraph (5), as so redes- involving conflict with an opposing foreign cludes all waters of the territorial sea of the ignated, to read as follows: force or international terrorist organization; United States as described in Presidential ‘‘(5) a barge of United States registry or or Proclamation No. 5928 of December 27, 1988.’’. nationality, or a barge operated under the ‘‘(3) while serving with friendly foreign SEC. 302. MARITIME DRUG LAW ENFORCEMENT authority of the United States (except a forces engaged in an armed conflict against ACT AMENDMENT-SIMPLE POSSES- barge that engages on a foreign voyage) un- an opposing armed force in which the United SION. less the owner requests.’’; States is not a belligerent party.’’. Section 70506 of title 46, United States (3) by striking subsection (c); (b) SILVER STAR MEDAL.—Such chapter is Code, is amended by adding at the end the (4) by redesignating subsections (d) and (e) further amended— following: as subsections (c) and (d), respectively; and

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.154 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7108 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (5) in subsection (c), as redesignated, by eign country as complying with this chapter United States Code, are reasonably available striking ‘‘After July 18, 1994, an existing ves- and the regulations prescribed under this and suitable for these support operations and sel (except an existing vessel referred to in chapter.’’. all such reasonably available and suitable subsection (b)(5)(A) or (B) of this section)’’ (j) CLERICAL AMENDMENT.—The analysis for vessels are employed in support of such oper- and inserting ‘‘An existing vessel that has subchapter II of chapter 145 of such title is ations; and not undergone a change that the Secretary amended by adding at the end the following: (2) for an additional period until such ves- finds substantially affects the vessel’s gross ‘‘14514. Reciprocity for foreign vessels.’’. sels are available if the Secretary of Trans- tonnage (or a vessel to which IMO Resolu- SEC. 304. MERCHANT MARINER DOCUMENT portation determines— tions A.494 (XII) of November 19, 1981, A.540 STANDARDS. (A) that, by April 30 of the year following (XIII) of November 17, 1983, or A.541 (XIII) of Not later than 270 days after the date of the commencement of exploration drilling, November 17, 1983, apply)’’. enactment of this Act, the Secretary of the the lessee has entered into a binding agree- (d) MEASUREMENT.—Section 14302(b) of that department in which the Coast Guard is opment to employ a suitable vessel or vessels title is amended to read as follows: erating shall submit to the Committee on to be documented under section 12111(d) of ‘‘(b) A vessel measured under this chapter Transportation and Infrastructure of the title 46, United States Code, in sufficient may not be required to be measured under House of Representatives and the Committee numbers and with sufficient suitability to another law.’’. on Commerce, Science, and Transportation replace any foreign-flag vessel or vessels op- (e) TONNAGE CERTIFICATE.— of the Senate— erating under this section; and (1) ISSUANCE.—Section 14303 of title 46, (1) a plan, including estimated costs, to en- (B) after publishing notice in the Federal United States Code, is amended— sure that the process for an application, by Register, that insufficient vessels docu- (A) in subsection (a), by adding at the end an individual who has, or has applied for, a mented under section 12111(d) of title 46, the following: ‘‘For a vessel to which the transportation security card under section United States Code, are reasonably available Convention does not apply, the Secretary 70105 of title 46, United States Code, for a and suitable for these support operations and shall prescribe a certificate to be issued as merchant mariner document can be com- all such reasonably available and suitable evidence of a vessel’s measurement under pleted entirely by mail; and vessels are employed in support of such oper- this chapter.’’; (2) a report on the feasibility of, and a ations. (B) in subsection (b), by inserting ‘‘issued timeline to, redesign the merchant mariner (b) EXPIRATION.—Irrespective of the year in under this section’’ after ‘‘certificate’’; and document to comply with the requirements which the commitment referred to in sub- (C) in the section heading by striking of such section, including a biometric identi- section (a)(2)(A) occurs, foreign-flag anchor ‘‘International’’ and ‘‘(1969)’’. fier, and all relevant international conven- handling vessels may not be employed for the setting, relocation, or recovery of an- (2) MAINTENANCE.—Section 14503 of that tions, including the International Labour Or- chors or other mooring equipment of a mo- title is amended— ganization Convention Number 185 con- bile offshore drilling unit after December 31, (A) by designating the existing text as sub- cerning the seafarers identity document, and 2017. section (a); and include a review on whether or not such re- (B) by adding at the end the following new (c) LESSEE DEFINED.—In this section, the design will eliminate the need for separate term ‘‘lessee’’ means the holder of a lease (as subsection: identity credentials and background screen- ‘‘(b) The certificate shall be maintained as defined in section 1331(c) of title 43, United ing and streamline the application process required by the Secretary.’’. States Code), who, prior to giving the writ- for mariners. (3) CLERICAL AMENDMENT.—The analysis at ten notice in subsection (a)(1), has entered the beginning of chapter 143 of that title is SEC. 305. SHIP EMISSION REDUCTION TECH- into a binding agreement to employ a suit- NOLOGY DEMONSTRATION able vessel documented or to be documented amended by striking the item relating to PROJECT. section 14303 and inserting the following: under 12111(d) of title 46, United States Code. (a) STUDY.—The Commandant of the Coast (d) SAVINGS PROVISION.—Nothing in sub- ‘‘14303. Tonnage Certificate.’’. Guard, in conjunction with the Adminis- section (a) may be construed to authorize (f) OPTIONAL REGULATORY MEASUREMENT.— trator of the Environmental Protection the employment in the coastwise trade of a Section 14305(a) of that title is amended by Agency, shall conduct a study— vessel that does not meet the requirements striking ‘‘documented vessel measured under (1) that surveys new technology and new of 12111 of title 46, United States Code. this chapter,’’ and inserting ‘‘vessel meas- applications of existing technology for re- SEC. 307. ARCTIC MARINE SHIPPING ASSESS- ured under this chapter that is of United ducing air emissions from cargo or passenger MENT IMPLEMENTATION. States registry or nationality, or a vessel op- vessels that operate in United States waters (a) PURPOSE.—The purpose of this section erated under the authority of the United and ports; and is to ensure safe and secure maritime ship- States,’’. (2) that identifies the impediments, includ- ping in the Arctic including the availability (g) APPLICATION.—Section 14501 of that ing any laws or regulations, to dem- of aids to navigation, vessel escorts, spill re- title is amended— onstrating the technology identified in para- sponse capability, and maritime search and (1) by amending paragraph (1) to read as graph (1). rescue in the Arctic. follows: (b) REPORT.—Within 180 days after the date (b) INTERNATIONAL MARITIME ORGANIZATION ‘‘(1) A vessel not measured under chapter of enactment of this Act, the Commandant AGREEMENTS.—To carry out the purpose of 143 of this title if the application of an inter- shall submit a report on the results of the this section, the Secretary of the department national agreement or other law of the study conducted under subsection (a) to the in which the Coast Guard is operating is en- United States to the vessel depends on the Committee on Transportation and Infra- couraged to enter into negotiations through vessel’s tonnage.’’; and structure and the Committee on Energy and the International Maritime Organization to (2) in paragraph (2), by striking ‘‘a vessel’’ Commerce of the House of Representatives conclude and execute agreements to promote and inserting ‘‘A vessel’’. and the Committee on Commerce, Science, coordinated action among the United States, (h) DUAL TONNAGE MEASUREMENT.—Section and Transportation and the Committee on Russia, Canada, Iceland, Norway, and Den- mark and other seafaring and Arctic nations 14513(c) of that title is amended— Environment and Public Works of the Sen- to ensure, in the Arctic— (1) in paragraph (1)— ate. (A) by striking ‘‘vessel’s tonnage mark is (1) placement and maintenance of aids to SEC. 306. PHASEOUT OF VESSELS SUPPORTING navigation; below the uppermost part of the load line OIL AND GAS DEVELOPMENT. marks,’’ and inserting ‘‘vessel is assigned (2) appropriate marine safety, tug, and sal- (a) IN GENERAL.—Notwithstanding section vage capabilities; two sets of gross and net tonnages under this 12111(d) of title 46, United States Code, for- (3) oil spill prevention and response capa- section,’’; and eign-flag vessels may be chartered by, or on bility; (B) by inserting ‘‘vessel’s tonnage’’ before behalf of, a lessee to be employed for the set- (4) maritime domain awareness, including ‘‘mark’’ the second place such term appears; ting, relocation, or recovery of anchors or long-range vessel tracking; and and other mooring equipment of a mobile off- (5) search and rescue. (2) in paragraph (2), by striking the period shore drilling unit that is located over the at the end and inserting ‘‘as assigned under (c) COORDINATION BY COMMITTEE ON THE Outer Continental Shelf (as defined in sec- MARITIME TRANSPORTATION SYSTEM.—The this section.’’. tion 2(a) of the Outer Continental Shelf (i) RECIPROCITY FOR FOREIGN VESSELS.— Committee on the Maritime Transportation Lands Act (43 U.S.C. 1331(a)) for operations System established under a directive of the Subchapter II of chapter 145 of that title is in support of exploration, or flow-testing and amended by adding at the end the following: President in the Ocean Action Plan, issued stimulation of wells, for offshore mineral or December 17, 2004, shall coordinate the estab- ‘‘§ 14514. Reciprocity for foreign vessels energy resources in the Beaufort Sea or the lishment of domestic transportation policies ‘‘For a foreign vessel not measured under Chukchi Sea adjacent to Alaska— in the Arctic necessary to carry out the pur- chapter 143, if the Secretary finds that the (1) for a 1-year period from the date the pose of this section. laws and regulations of a foreign country re- lessee gives the Secretary of Transportation (d) AGREEMENTS AND CONTRACTS.—The Sec- lated to measurement of vessels are substan- written notice of the commencement of such retary of the department in which the Coast tially similar to those of this chapter and exploration drilling if the Secretary deter- Guard is operating may, subject to the avail- the regulations prescribed under this chap- mines, after publishing notice in the Federal ability of appropriations, enter into coopera- ter, the Secretary may accept the measure- Register, that insufficient vessels docu- tive agreements, contracts, or other agreement and certificate of a vessel of that for- mented under section 12111(d) of title 46, ments with, or make grants to individuals

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.154 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7109 and governments to carry out the purpose of TITLE IV—ACQUISITION REFORM management and the adequacy of such re- this section or any agreements established SEC. 401. CHIEF ACQUISITION OFFICER. quirements for facilitating the achievement under subsection (b). (a) IN GENERAL.—Chapter 3 of title 14, of the performance goals established for ac- United States Code, is further amended by quisition management; (e) ICEBREAKING.—The Secretary of the de- ‘‘(8) developing strategies and specific partment in which the Coast Guard is oper- adding at the end the following: ‘‘§ 56. Chief Acquisition Officer plans for hiring, training, and professional ating shall promote safe maritime naviga- development; and ‘‘(a) IN GENERAL.—There shall be in the tion by means of icebreaking where nec- ‘‘(9) reporting to the Commandant, Coast Guard a Chief Acquisition Officer se- essary, feasible, and effective to carry out through the chain of command, on the lected by the Commandant who shall be a the purposes of this section. progress made in improving acquisition man- Rear Admiral or civilian from the Senior Ex- (f) INDEPENDENT ICE BREAKER ANALYSES.— agement capability.’’. ecutive Service (career reserved) and who (b) CLERICAL AMENDMENT.—The table of (1) IN GENERAL.—Not later than 90 days meets the qualifications set forth under sub- contents for chapter 3 of title 14, United after the date of enactment of this Act, the section (b). The Chief Acquisition Officer States Code, is amended by adding at the end Secretary of the department in which the shall serve at the Assistant Commandant the following: Coast Guard is operating shall require a non- level and have acquisition management as ‘‘56. Chief Acquisition Officer.’’. governmental, independent third party that individual’s primary duty. (other than the National Academy of ‘‘(b) QUALIFICATIONS.— (c) SELECTION DEADLINE.—As soon as prac- Sciences) that has extensive experience in ‘‘(1) The Chief Acquisition Officer and any ticable after the date of enactment of this the analysis of military procurements, to— flag officer serving in the Acquisition Direc- Act, but no later than October 1, 2011, the (A) conduct a comparative cost-benefit torate shall be an acquisition professional Commandant of the Coast Guard shall select a Chief Acquisition Officer under section 56 analysis, taking into account future Coast with a Level III acquisition management of title 14, United States Code, as amended Guard budget projections (which assume certification and must have at least 10 years by this section. Coast Guard budget growth of no more than experience in an acquisition position, of (d) SPECIAL RATE SUPPLEMENTS.— inflation) and other recapitalization needs, which at least 4 years were spent as— (1) REQUIREMENT TO ESTABLISH.—Not later of— ‘‘(A) the program executive officer; than 1 year after the date of enactment of (i) rebuilding, renovating, or improving the ‘‘(B) the program manager of a Level 1 or this Act and in accordance with part 9701.333 existing fleet of polar icebreakers for oper- Level 2 acquisition project or program; of title 5, Code of Federal Regulations, the ation by the Coast Guard; ‘‘(C) the deputy program manager of a Commandant of the Coast Guard shall estab- (ii) constructing new polar icebreakers for Level 1 or Level 2 acquisition; lish special rate supplements that provide operation by the Coast Guard; ‘‘(D) the project manager of a Level 1 or higher pay levels for employees necessary to (iii) construction of new polar icebreakers Level 2 acquisition; or carry out the amendment made by this sec- by the National Science Foundation for oper- ‘‘(E) any other acquisition position of sig- tion. ation by the Foundation; nificant responsibility in which the primary (2) SUBJECT TO APPROPRIATIONS.—The re- (iv) rebuilding, renovating, or improving duties are supervisory or management du- quirement under paragraph (1) is subject to the existing fleet of polar icebreakers by the ties. the availability of appropriations. National Science Foundation for operation ‘‘(2) The Commandant shall periodically (e) ELEVATION OF DISPUTES TO THE CHIEF by the Foundation; and publish a list of the positions designated ACQUISITION OFFICER.—If, after 90 days fol- (v) any combination of the activities de- under paragraph (1). lowing the elevation to the Chief Acquisition scribed in clause (i), (ii), (iii), or (iv) to carry ‘‘(3) In this subsection each of the terms Officer of any design or other dispute regard- out the missions of the Coast Guard and the ‘Level 1 acquisition’ and ‘Level 2 acquisition’ ing Level 1 or Level 2 acquisition, the dis- National Science Foundation; and has the meaning that term has in chapter 15 pute remains unresolved, the Commandant (B) conduct a comprehensive analysis of of this title. shall provide to the appropriate congres- the impact on all Coast Guard activities, in- ‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION sional committees a detailed description of cluding operations, maintenance, procure- OFFICER.—The functions of the Chief Acqui- the issue and the rationale underlying the ments, and end strength, of the acquisition sition Officer include— decision taken by the Chief Acquisition Offi- of polar icebreakers described in subpara- ‘‘(1) monitoring the performance of acqui- cer to resolve the issue. graph (A) by the Coast Guard or the National sition projects and programs on the basis of SEC. 402. ACQUISITIONS. Science Foundation assuming that total applicable performance measurements and (a) IN GENERAL.—Part I of title 14, United Coast Guard funding will not increase more advising the Commandant, through the States Code, is amended by inserting after than the annual rate of inflation. chain of command, regarding the appropriate chapter 13 the following: (2) REPORT.—Not later than 1 year after business strategy to achieve the missions of ‘‘CHAPTER 15—ACQUISITIONS the date of enactment of this Act, the Sec- the Coast Guard; ‘‘SUBCHAPTER I—GENERAL PROVISIONS retary of the department in which the Coast ‘‘(2) maximizing the use of full and open ‘‘Sec. Guard is operating shall submit a report con- competition at the prime contract and sub- ‘‘561. Acquisition directorate. taining the results of the analyses required contract levels in the acquisition of prop- ‘‘562. Improvements in Coast Guard acquisi- under paragraph (1), together with rec- erty, capabilities, assets, and services by the tion management. ommendations the Commandant considers Coast Guard by establishing policies, proce- ‘‘563. Recognition of Coast Guard personnel appropriate under section 93(a)(24) of title 14, dures, and practices that ensure that the for excellence in acquisition. United States Code, to the Committee on Coast Guard receives a sufficient number of ‘‘564. Prohibition on use of lead systems inte- Commerce, Science, and Transportation of sealed bids or competitive proposals from re- grators. the Senate and the Committee on Transpor- sponsible sources to fulfill the Government’s ‘‘565. Required contract terms. tation and Infrastructure of the House of requirements, including performance and de- ‘‘566. Department of Defense consultation. Representatives. livery schedules, at the lowest cost or best ‘‘567. Undefinitized contractual actions. value considering the nature of the property, ‘‘568. Guidance on excessive pass-through (g) HIGH-LATITUDE STUDY.—Not later than capability, asset, or service procured; charges. 90 days after the date of enactment of this ‘‘(3) making acquisition decisions in con- ‘‘569. Report on former Coast Guard officials Act or the date of completion of the ongoing currence with the technical authority, or employed by contractors to the High-Latitude Study to assess polar technical authorities, of the Coast Guard, as agency. icebreaking mission requirements for all designated by the Commandant, consistent ‘‘SUBCHAPTER II—IMPROVED ACQUISITION Coast Guard missions including search and with all other applicable laws and decisions PROCESS AND PROCEDURES rescue, marine pollution response and pre- establishing procedures within the Coast ‘‘Sec. vention, fisheries enforcement, and maritime Guard; ‘‘571. Identification of major system acquisi- commerce, whichever occurs later, the Com- ‘‘(4) ensuring the use of detailed perform- tions. mandant of the Coast Guard shall submit a ance specifications in instances in which per- ‘‘572. Acquisition. report containing the results of the study, formance-based contracting is used; ‘‘573. Preliminary development and dem- ‘‘(5) managing the direction of acquisition onstration. together with recommendations the Com- ‘‘574. Acquisition, production, deployment, policy for the Coast Guard, including imple- mandant considers appropriate under section and support. 93(a)(24) of title 14, United States Code, to mentation of the unique acquisition policies, ‘‘575. Acquisition program baseline breach. the Committee on Commerce, Science, and regulations, and standards of the Coast ‘‘576. Acquisition approval authority. Guard; Transportation of the Senate and the Com- ‘‘SUBCHAPTER III—DEFINITIONS mittee on Transportation and Infrastructure ‘‘(6) developing and maintaining an acquisition career management program in the ‘‘581. Definitions. of the House of Representatives. Coast Guard to ensure that there is an ade- ‘‘SUBCHAPTER I—GENERAL PROVISIONS (h) ARCTIC DEFINITION.—In this section the quate acquisition workforce; ‘‘§ 561. Acquisition directorate term ‘‘Arctic’’ has the same meaning as in ‘‘(7) assessing the requirements established ‘‘(a) ESTABLISHMENT.—The Commandant of section 112 of the Arctic Research and Policy for Coast Guard personnel regarding knowl- the Coast Guard shall establish an acquisi- Act of 1984 (15 U.S.C. 4111). edge and skill in acquisition resources and tion directorate to provide guidance and

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.155 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7110 CONGRESSIONAL RECORD — HOUSE September 28, 2010 oversight for the implementation and man- tices and lessons learned on systems acquisi- ‘‘(B) identify positions that are under- agement of all Coast Guard acquisition proc- tion to enhance project and program man- staffed to meet the anticipated acquisition esses, programs, and projects. agement throughout the Coast Guard; workload, and actions that will be taken to ‘‘(b) MISSION.—The mission of the acquisi- ‘‘(v) the templates and tools that will be correct such understaffing. tion directorate is— used to support improved data gathering and ‘‘(f) APPOINTMENTS TO ACQUISITION POSI- ‘‘(1) to acquire and deliver assets and sys- analysis for project and program manage- TIONS.—The Commandant shall ensure that tems that increase operational readiness, en- ment and oversight purposes, including the no requirement or preference for officers or hance mission performance, and create a safe metrics that will be utilized to assess the ef- members of the Coast Guard is used in the working environment; and fectiveness of Coast Guard project or pro- consideration of persons for positions in the ‘‘(2) to assist in the development of a work- gram managers in managing systems acqui- acquisition workforce. force that is trained and qualified to further sition efforts; and ‘‘(g) CAREER PATHS.— the Coast Guard’s missions and deliver the ‘‘(vi) the methods by which the account- ‘‘(1) IDENTIFICATION OF CAREER PATHS.—To best-value products and services to the Na- ability of project or program managers for establish acquisition management as a core tion. the results of acquisition projects and pro- competency of the Coast Guard, the Com- ‘‘§ 562. Improvements in Coast Guard acquisi- grams will be increased. mandant shall— ‘‘(c) ACQUISITION WORKFORCE.— tion management ‘‘(A) ensure that career paths for officers, ‘‘(1) IN GENERAL.—The Commandant shall members, and employees of the Coast Guard ‘‘(a) PROJECT OR PROGRAM MANAGERS.— designate a sufficient number of positions to who wish to pursue careers in acquisition are ‘‘(1) LEVEL 1 PROJECTS.—An individual may be in the Coast Guard’s acquisition work- identified in terms of the education, train- not be assigned as the project or program force to perform acquisition-related func- ing, experience, and assignments necessary manager for a Level 1 acquisition unless the tions at Coast Guard headquarters and field for career progression of those officers, mem- individual holds a Level III acquisition cer- activities. bers, and employees to the most senior posi- tification as a program manager. ‘‘(2) REQUIRED POSITIONS.—In designating tions in the acquisition workforce; and ‘‘(2) LEVEL 2 PROJECTS.—An individual may positions under subsection (a), the Com- ‘‘(B) publish information on such career not be assigned as the project or program mandant shall include, at a minimum, posi- paths. manager for a Level 2 acquisition unless the tions encompassing the following com- ‘‘(2) PROMOTION PARITY.—The Commandant individual holds a Level II acquisition cer- petencies and functions: shall ensure that promotion parity is estab- tification as a program manager. ‘‘(A) Program management. lished for officers and members of the Coast ‘‘(b) GUIDANCE ON TENURE AND ACCOUNT- ‘‘(B) Systems planning, research, develop- Guard who have been assigned to the acquisi- ABILITY OF PROGRAM AND PROJECT MAN- ment, engineering, and testing. tion workforce relative to officers and mem- AGERS.— ‘‘(C) Procurement, including contracting. bers who have not been assigned to the ac- ‘‘(1) ISSUANCE OF GUIDANCE.—Not later than ‘‘(D) Industrial and contract property man- quisition workforce. one year after the date of enactment of the agement. ‘‘§ 563. Recognition of Coast Guard personnel Coast Guard Authorization Act for Fiscal ‘‘(E) Life-cycle logistics. for excellence in acquisition Years 2010 and 2011, the Commandant shall ‘‘(F) Quality control and assurance. issue guidance to address the qualifications, ‘‘(G) Manufacturing and production. ‘‘(a) IN GENERAL.—Not later than 180 days resources, responsibilities, tenure, and ac- ‘‘(H) Business, cost estimating, financial after the date of enactment of the Coast countability of program and project man- management, and auditing. Guard Authorization Act for Fiscal Years agers for the management of acquisition ‘‘(I) Acquisition education, training, and 2010 and 2011, the Commandant shall com- projects and programs. The guidance shall career development. mence implementation of a program to rec- address, at a minimum— ‘‘(J) Construction and facilities engineer- ognize excellent performance by individuals ‘‘(A) the qualifications required for project ing. and teams comprised of officers, members, or program managers, including the number ‘‘(K) Testing and evaluation. and employees of the Coast Guard that contributed to the long-term success of a Coast of years of acquisition experience and the ‘‘(3) ACQUISITION MANAGEMENT HEAD- Guard acquisition project or program. professional training levels to be required of QUARTER ACTIVITIES.—The Commandant shall ‘‘(b) ELEMENTS.—The program shall in- those appointed to project or program man- also designate as positions in the acquisition clude— agement positions; workforce under paragraph (1) those acquisi- ‘‘(1) specific award categories, criteria, and ‘‘(B) authorities available to project or tion-related positions located at Coast Guard eligibility and manners of recognition; program managers, including, to the extent headquarters units. ‘‘(2) procedures for the nomination by per- appropriate, the authority to object to the ‘‘(4) APPROPRIATE EXPERTISE REQUIRED.— sonnel of the Coast Guard of individuals and addition of new program requirements that The Commandant shall ensure that each in- teams comprised of officers, members, and would be inconsistent with the parameters dividual assigned to a position in the acqui- employees of the Coast Guard for recognition established for an acquisition program; and sition workforce has the appropriate exper- under the program; and ‘‘(C) the extent to which a project or pro- tise to carry out the responsibilities of that ‘‘(3) procedures for the evaluation of nomi- gram manager who initiates a new acquisi- position. tion project or program will continue in ‘‘(d) MANAGEMENT INFORMATION SYSTEM.— nations for recognition under the program management of that project or program ‘‘(1) IN GENERAL.—The Commandant shall by one or more panels of individuals from without interruption until the delivery of establish a management information system the Government, academia, and the private the first production units of the program. capability to improve acquisition workforce sector who have such expertise and are ap- ‘‘(2) STRATEGY.— management and reporting. pointed in such manner as the Commandant ‘‘(A) IN GENERAL.—Not later than 18 ‘‘(2) INFORMATION MAINTAINED.—Informa- shall establish for the purposes of this pro- months after the date of enactment of this tion maintained with such capability shall gram. ‘‘(c) AWARD OF CASH BONUSES.—As part of section, the Commandant shall develop a include the following standardized informa- the program required by subsection (a), the comprehensive strategy for enhancing the tion on individuals assigned to positions in Commandant, subject to the availability of role of Coast Guard project or program man- the workforce: appropriations, may award to any civilian agers in developing and carrying out acquisi- ‘‘(A) Qualifications, assignment history, employee recognized pursuant to the pro- tion programs. and tenure of those individuals assigned to gram a cash bonus to the extent that the ‘‘(B) MATTERS TO BE ADDRESSED.—The positions in the acquisition workforce or performance of such individual so recognized strategy required by this section shall ad- holding acquisition-related certifications. warrants the award of such bonus. dress, at a minimum— ‘‘(B) Promotion rates for officers and mem- ‘‘(i) the creation of a specific career path bers of the Coast Guard in the acquisition ‘‘§ 564. Prohibition on use of lead systems in- and career opportunities for individuals who workforce. tegrators are or may become project or program man- ‘‘(e) REPORT ON ADEQUACY OF ACQUISITION ‘‘(a) IN GENERAL.— agers, including the rotational assignments WORKFORCE.— ‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.— that will be provided to project or program ‘‘(1) IN GENERAL.—The Commandant shall Except as provided in subsection (b), the managers; report to the appropriate congressional com- Commandant may not use a private sector ‘‘(ii) the provision of enhanced training mittees and the Committee on Homeland Se- entity as a lead systems integrator for an ac- and educational opportunities for individuals curity of the House of Representatives by quisition contract awarded or delivery order who are or may become project or program July 1 of each year on the scope of the acqui- or task order issued after the date of enact- managers; sition activities to be performed in the next ment of the Coast Guard Authorization Act ‘‘(iii) the provision of mentoring support to fiscal year and on the adequacy of the cur- for Fiscal Years 2010 and 2011. current and future project or program man- rent acquisition workforce to meet that an- ‘‘(2) FULL AND OPEN COMPETITION.—The agers by experienced senior executives and ticipated workload. Commandant and any lead systems inte- program managers within the Coast Guard, ‘‘(2) CONTENTS.—The report shall— grator engaged by the Coast Guard, pursuant and through rotational assignments to the ‘‘(A) specify the number of officers, mem- to the exceptions described in subsection (b), Department of Defense; bers, and employees of the Coast Guard cur- shall use full and open competition for any ‘‘(iv) the methods by which the Coast rently and planned to be assigned to each po- acquisition contract awarded after the date Guard will collect and disseminate best prac- sition designated under subsection (c); and of enactment of that Act, unless otherwise

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.155 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7111 excepted in accordance with Federal acquisi- through contracts or other arrangements Secretary of Defense for support in con- tion laws and regulations promulgated under with private sector entities, to perform the tracting and management of Coast Guard ac- those laws, including the Federal Acquisi- functions and responsibilities of the lead sys- quisition programs. The Commandant shall tion Regulation. tems integrator in an efficient and cost-ef- also seek opportunities to make use of De- ‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.— fective manner. partment of Defense contracts, and contracts Nothing in this subsection shall be construed ‘‘§ 565. Required contract terms of other appropriate agencies, to obtain the to supersede or otherwise affect the authori- ‘‘(a) IN GENERAL.—The Commandant shall best possible price for assets acquired for the ties provided by and under the Small Busi- ensure that a contract awarded or a delivery Coast Guard. ness Act (15 U.S.C. 631 et seq.). order or task order issued for an acquisition ‘‘(b) INTERSERVICE TECHNICAL ASSIST- ‘‘(b) EXCEPTIONS.— of a capability or an asset with an expected ANCE.—The Commandant shall seek to enter ‘‘(1) NATIONAL DISTRESS AND RESPONSE SYS- service life of 10 or more years and with a into a memorandum of understanding or a TEM MODERNIZATION PROGRAM; C4ISR; NA- total acquisition cost that is equal to or ex- memorandum of agreement with the Sec- TIONAL SECURITY CUTTERS 2 AND 3.—Notwith- ceeds $10,000,000 awarded or issued by the retary of the Navy to obtain the assistance standing subsection (a), the Commandant Coast Guard after the date of enactment of of the Office of the Assistant Secretary of may use a private sector entity as a lead sys- the Coast Guard Authorization Act for Fis- the Navy for Research, Development, and tems integrator for the Coast Guard to com- cal Years 2010 and 2011— Acquisition, including the Navy Systems plete the National Distress and Response ‘‘(1) provides that all certifications for an Command, with the oversight of Coast Guard System Modernization Program (otherwise end-state capability or asset under such con- major acquisition programs. The memo- known as the ‘Rescue 21’ program), the tract, delivery order, or task order, respec- randum of understanding or memorandum of C4ISR projects directly related to the Inte- tively, will be conducted by the Com- agreement shall, at a minimum, provide grated Deepwater program, and National Se- mandant or an independent third party, and for— curity Cutters 2 and 3, if the Secretary of the that self-certification by a contractor or sub- ‘‘(1) the exchange of technical assistance department in which the Coast Guard is op- contractor is not allowed; and support that the Assistant Com- erating certifies that— ‘‘(2) provides that the Commandant shall mandants for Acquisition, Human Resources, ‘‘(A) the acquisition is in accordance with maintain the authority to establish, ap- Engineering, and Information technology Federal law and the Federal Acquisition prove, and maintain technical requirements; may identify; Regulation; and ‘‘(3) requires that any measurement of con- ‘‘(2) the use, as appropriate, of Navy tech- ‘‘(B) the acquisition and the use of a pri- tractor and subcontractor performance be nical expertise; and vate sector lead systems integrator for the based on the status of all work performed, ‘‘(3) the temporary assignment or exchange acquisition is in the best interest of the Fed- including the extent to which the work per- of personnel between the Coast Guard and eral Government. formed met all performance, cost, and sched- the Office of the Assistant Secretary of the ‘‘(2) REPORT ON DECISIONMAKING PROCESS.— ule requirements; Navy for Research, Development, and Acqui- If the Commandant uses a private sector lead ‘‘(4) specifies that, for the acquisition or sition, including Naval Systems Command, systems integrator for an acquisition, the upgrade of air, surface, or shore capabilities to facilitate the development of organic ca- Commandant shall notify in writing the ap- and assets for which compliance with TEM- pabilities in the Coast Guard. propriate congressional committees of the PEST certification is a requirement, the ‘‘(c) TECHNICAL REQUIREMENT APPROVAL Commandant’s determination and shall pro- standard for determining such compliance PROCEDURES.—The Chief Acquisition Officer vide to such committees a detailed rationale will be the air, surface, or shore standard shall adopt, to the extent practicable, proce- for the determination, at least 30 days before then used by the Department of the Navy for dures modeled after those used by the Navy the award of a contract or issuance of a de- that type of capability or asset; and Senior Acquisition Official to approve all livery order or task order, using a private ‘‘(5) for any contract awarded to acquire an technical requirements. sector lead systems integrator, including a Offshore Patrol Cutter, includes provisions ‘‘(d) ASSESSMENT.—Within 180 days after comparison of the cost of the acquisition specifying the service life, fatigue life, and the date of enactment of the Coast Guard through the private sector lead systems inte- days underway in general Atlantic and North Authorization Act for fiscal years 2010 and grator with the expected cost if the acquisi- Pacific Sea conditions, maximum range, and 2011, the Comptroller General of the United tion were awarded directly to the manufac- maximum speed the cutter will be built to States shall transmit a report to the appro- turer or shipyard. For purposes of that com- achieve. priate congressional committees that— parison, the cost of award directly to a man- ‘‘(b) PROHIBITED PROVISIONS.— ‘‘(1) contains an assessment of current ufacturer or shipyard shall include the costs ‘‘(1) IN GENERAL.—The Commandant shall Coast Guard acquisition and management of Government contract management and ensure that any contract awarded or delivery capabilities to manage Level 1 and Level 2 oversight. order or task order issued by the Coast acquisitions; ‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRA- Guard after the date of enactment of the ‘‘(2) includes recommendations as to how TORS.—Neither an entity performing lead Coast Guard Authorization Act of 2010 does the Coast Guard can improve its acquisition systems integrator functions for a Coast management, either through internal re- Guard acquisition nor a Tier 1 subcontractor not include any provision allowing for equi- table adjustment that is not consistent with forms or by seeking acquisition expertise for any acquisition may have a financial in- from the Department of Defense; and terest in a subcontractor below the Tier 1 the Federal Acquisition Regulations. ‘‘(2) EXTENSION OF PROGRAM.—A contract, ‘‘(3) addresses specifically the question of subcontractor level unless— whether the Coast Guard can better leverage ‘‘(1) the subcontractor was selected by the contract modification, or award term extending a contract with a lead systems inte- Department of Defense or other agencies’ prime contractor through full and open com- contracts that would meet the needs of Level petition for such procurement; grator— ‘‘(A) may not include any minimum re- 1 or Level 2 acquisitions in order to obtain ‘‘(2) the procurement was awarded by the the best possible price. lead systems integrator or a subcontractor quirements for the purchase of a given or de- through full and open competition; terminable number of specific capabilities or ‘‘§ 567. Undefinitized contractual actions ‘‘(3) the procurement was awarded by a assets; and ‘‘(a) IN GENERAL.—The Coast Guard may subcontractor through a process over which ‘‘(B) shall be reviewed by an independent not enter into an undefinitized contractual the lead systems integrator and a Tier 1 sub- third party with expertise in acquisition action unless such action is directly ap- contractor exercised no control; or management, and the results of that review proved by the Head of Contracting Activity ‘‘(4) the Commandant has determined that shall be submitted to the appropriate con- of the Coast Guard. the procurement was awarded in a manner gressional committees at least 60 days prior ‘‘(b) REQUESTS FOR UNDEFINITIZED CON- consistent with Federal acquisition laws and to the award of the contract, contract modi- TRACTUAL ACTIONS.—Any request to the Head regulations promulgated under those laws, fication, or award term. of Contracting Activity for approval of an including the Federal Acquisition Regula- ‘‘(c) INTEGRATED PRODUCT TEAMS.—Inte- undefinitized contractual action shall in- tion. grated product teams, and all teams that clude a description of the anticipated effect ‘‘(d) TERMINATION DATE FOR EXCEPTIONS.— oversee integrated product teams, shall be on requirements of the Coast Guard if a Except as described in subsection (b)(1), the chaired by officers, members, or employees delay is incurred for the purposes of deter- Commandant may not use a private sector of the Coast Guard. mining contractual terms, specifications, entity as a lead systems integrator for acqui- ‘‘(d) TECHNICAL AUTHORITY.—The Com- and price before performance is begun under sition contracts awarded, or task orders or mandant shall maintain or designate the the contractual action. delivery orders issued, after the earlier of— technical authority to establish, approve, ‘‘(c) REQUIREMENTS FOR UNDEFINITIZED ‘‘(1) September 30, 2011; or and maintain technical requirements. Any CONTRACTUAL ACTIONS.— ‘‘(2) the date on which the Commandant such designation shall be made in writing ‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, certifies in writing to the appropriate con- and may not be delegated to the authority of SPECIFICATIONS, AND PRICE.—A contracting gressional committees that the Coast Guard the Chief Acquisition Officer established by officer of the Coast Guard may not enter has available and can retain sufficient acqui- section 56 of this title. into an undefinitized contractual action un- sition workforce personnel and expertise ‘‘§ 566. Department of Defense consultation less the contractual action provides for within the Coast Guard, through an arrange- ‘‘(a) IN GENERAL.—The Commandant shall agreement upon contractual terms, speci- ment with other Federal agencies, or make arrangements as appropriate with the fication, and price by the earlier of—

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.155 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7112 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(A) the end of the 180-day period begin- formance of the remaining portion of the shall assess the extent to which former Coast ning on the date on which the contractor contract. Guard officials who receive compensation submits a qualifying proposal to definitize ‘‘(g) DEFINITIONS.—In this section: from Coast Guard contractors have been as- the contractual terms, specifications, and ‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.— signed by those contractors to work on con- price; or ‘‘(A) IN GENERAL.—Except as provided in tracts or programs between the contractor ‘‘(B) the date on which the amount of funds subparagraph (B), the term ‘undefinitized and the Coast Guard, including contracts or obligated under the contractual action is contractual action’ means a new procure- programs for which the former official per- equal to more than 50 percent of the nego- ment action entered into by the Coast Guard sonally had oversight responsibility or deci- tiated overall ceiling price for the contrac- for which the contractual terms, specifica- sionmaking authority when they served in or tual action. tions, or price are not agreed upon before worked for the Coast Guard. ‘‘(2) LIMITATION ON OBLIGATIONS.— performance is begun under the action. ‘‘(c) CONFIDENTIALITY REQUIREMENT.—The ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) EXCLUSION.—The term ‘undefinitized report required by this subsection shall not subparagraph (B), the contracting officer for contractual action’ does not include contrac- include the names of the former Coast Guard an undefinitized contractual action may not tual actions with respect to— officials who receive compensation from obligate under such contractual action an ‘‘(i) foreign military sales; Coast Guard contractors. amount that exceeds 50 percent of the nego- ‘‘(ii) purchases in an amount not in excess ‘‘(d) ACCESS TO INFORMATION.—A Coast tiated overall ceiling price until the contrac- of the amount of the simplified acquisition Guard contractor shall provide the Comp- tual terms, specifications, and price are de- threshold; or troller General access to information re- finitized for such contractual action. ‘‘(iii) special access programs. quested by the Comptroller General for the ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘(2) QUALIFYING PROPOSAL.—The term purpose of conducting the study required by paragraph (A), if a contractor submits a ‘qualifying proposal’ means a proposal that this section. qualifying proposal to definitize an contains sufficient information to enable ‘‘(e) DEFINITIONS.—In this section: undefinitized contractual action before an complete and meaningful audits of the infor- ‘‘(1) COAST GUARD CONTRACTOR.—The term amount that exceeds 50 percent of the nego- mation contained in the proposal as deter- ‘Coast Guard contractor’ includes any person tiated overall ceiling price is obligated on mined by the contracting officer. that received at least $10,000,000 in con- such action, the contracting officer for such ‘‘§ 568. Guidance on excessive pass-through tractor awards from the Coast Guard in the action may not obligate with respect to such charges calendar year covered by the annual report. ‘‘(2) COAST GUARD OFFICIAL.—The term contractual action an amount that exceeds ‘‘(a) IN GENERAL.—Not later than 180 days 75 percent of the negotiated overall ceiling after the date of enactment of the Coast ‘Coast Guard official’ includes former offi- price until the contractual terms, specifica- Guard Authorization Act for Fiscal Years cers of the Coast Guard who were com- tions, and price are definitized for such con- 2010 and 2011, the Commandant shall issue pensated at a rate of pay for grade O–7 or tractual action. guidance to ensure that pass-through above during the calendar year prior to the ‘‘(3) WAIVER.—The Commandant may waive charges on contracts, subcontracts, delivery date on which they separated from the Coast the application of this subsection with re- orders, and task orders that are entered into Guard, and former civilian employees of the spect to a contract if the Commandant deter- with a private entity acting as a lead sys- Coast Guard who served at any Level of the mines that the waiver is necessary to sup- tems integrator by or on behalf of the Coast Senior Executive Service under subchapter port— Guard are not excessive in relation to the VIII of chapter 53 of title 5, United States ‘‘(A) a contingency operation (as that term cost of work performed by the relevant con- Code, during the calendar year prior to the is defined in section 101(a)(13) of title 10); tractor or subcontractor. The guidance shall, date on which they separated from the Coast ‘‘(B) operations to prevent or respond to a at a minimum— Guard. transportation security incident (as defined ‘‘(1) set forth clear standards for deter- ‘‘SUBCHAPTER II—IMPROVED ACQUISI- in section 70101(6) of title 46); mining when no, or negligible, value has TION PROCESS AND PROCEDURES ‘‘(C) an operation in response to an emer- been added to a contract by a contractor or ‘‘§ 571. Identification of major system acquisi- gency that poses an unacceptable threat to subcontractor; tions human health or safety or to the marine en- ‘‘(2) set forth procedures for preventing the ‘‘(a) IN GENERAL.— vironment; or payment by the Government of excessive ‘‘(1) SUPPORT MECHANISMS.—The Com- ‘‘(D) an operation in response to a natural pass-through charges; and mandant shall develop and implement mech- disaster or major disaster or emergency des- ‘‘(3) identify any exceptions determined by anisms to support the establishment of ma- ignated by the President under the Robert T. the Commandant to be in the best interest of ture and stable operational requirements for Stafford Disaster Relief and Emergency As- the Government. all acquisitions. sistance Act (42 U.S.C. 5121 et seq.). ‘‘(b) EXCESSIVE PASS-THROUGH CHARGE DE- ‘‘(2) MISSION ANALYSIS; AFFORDABILITY AS- ‘‘(4) LIMITATION ON APPLICATION.—This sub- FINED.—In this section the term ‘excessive SESSMENT.—The Commandant may not ini- section does not apply to an undefinitized pass-through charge’, with respect to a con- tiate a Level 1 or Level 2 acquisition project contractual action for the purchase of initial tractor or subcontractor that adds no, or or program until the Commandant— spares. negligible, value to a contract or sub- ‘‘(A) completes a mission analysis that— ‘‘(d) INCLUSION OF NONURGENT REQUIRE- contract, means a charge to the Government ‘‘(i) identifies the specific capability gaps MENTS.—Requirements for spare parts and by the contractor or subcontractor that is to be addressed by the project or program; support equipment that are not needed on an for overhead or profit on work performed by and urgent basis may not be included in an a lower tier contractor or subcontractor, ‘‘(ii) develops a clear mission need to be undefinitized contractual action by the other than reasonable charges for the direct addressed by the project or program; and Coast Guard for spare parts and support costs of managing lower tier contractors and ‘‘(B) prepares a preliminary affordability equipment that are needed on an urgent subcontracts and overhead and profit based assessment for the project or program. basis unless the Commandant approves such on such direct costs. ‘‘(b) ELEMENTS.— inclusion as being— ‘‘(c) APPLICATION OF GUIDANCE.—The guid- ‘‘(1) REQUIREMENTS.—The mechanisms re- ‘‘(1) good business practice; and ance under this subsection shall apply to quired by subsection (a) shall ensure the im- ‘‘(2) in the best interests of the United contracts awarded to a private entity acting plementation of a formal process for the de- States. as a lead systems integrator by or on behalf velopment of a mission-needs statement, ‘‘(e) MODIFICATION OF SCOPE.—The scope of of the Coast Guard on or after the date that concept-of-operations document, capability an undefinitized contractual action under is 360 days after the date of enactment of the development plan, and resource proposal for which performance has begun may not be Coast Guard Authorization Act for Fiscal the initial project or program funding, and modified unless the Commandant approves Years 2010 and 2011. shall ensure the project or program is in- such modification as being— ‘‘§ 569. Report on former Coast Guard officials cluded in the Coast Guard Capital Invest- ‘‘(1) good business practice; and employed by contractors to the agency ment Plan. ‘‘(2) in the best interests of the United ‘‘(a) REPORT REQUIRED.—Not later than De- ‘‘(2) ASSESSMENT OF TRADE-OFFS.—In con- States. cember 31, 2011, and annually thereafter, the ducting an affordability assessment under ‘‘(f) ALLOWABLE PROFIT.—The Commandant Comptroller General of the United States subsection (a)(2)(B), the Commandant shall shall ensure that the profit allowed on an shall submit a report to the appropriate con- develop and implement mechanisms to en- undefinitized contractual action for which gressional committees on the employment sure that trade-offs among cost, schedule, the final price is negotiated after a substan- during the preceding year by Coast Guard and performance are considered in the estab- tial portion of the performance required is contractors of individuals who were Coast lishment of preliminary operational require- completed reflects— Guard officials in the previous 5-year period. ments for development and production of ‘‘(1) the possible reduced cost risk of the The report shall assess the extent to which new assets and capabilities for Level 1 and contractor with respect to costs incurred former Coast Guard officials were provided Level 2 acquisitions projects and programs. during performance of the contract before compensation by Coast Guard contractors in ‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.— the final price is negotiated; and the preceding calendar year. The Commandant shall develop staffing pre- ‘‘(2) the reduced cost risk of the contractor ‘‘(b) OBJECTIVES OF REPORT.—At a min- dictions, define human capital performance with respect to costs incurred during per- imum, the report required by this section initiatives, and identify preliminary training

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needs required to implement each Level 1 ‘‘(ii) an examination of likely production ‘‘(e) LIFE-CYCLE COST ESTIMATES.— and Level 2 acquisition project and program. and deployment costs and the levels of un- ‘‘(1) IN GENERAL.—The Commandant shall ‘‘§ 572. Acquisition certainty associated with such estimated implement mechanisms to ensure the devel- ‘‘(a) IN GENERAL.—The Commandant may costs; opment and regular updating of life-cycle not establish a Level 1 or Level 2 acquisition ‘‘(iii) an examination of likely operating cost estimates for each acquisition with a project or program until the Commandant— and support costs and the levels of uncer- total acquisition cost that equals or exceeds ‘‘(1) clearly defines the operational re- tainty associated with such estimated costs; $10,000,000 and an expected service life of 10 quirements for the project or program; ‘‘(iv) if they are likely to be significant, an or more years, and to ensure that these esti- ‘‘(2) establishes the feasibility of alter- examination of likely disposal costs and the mates are considered in decisions to develop natives; levels of uncertainty associated with such or produce new or enhanced capabilities and ‘‘(3) develops an acquisition project or pro- estimated costs; and assets. gram baseline; ‘‘(v) such additional measures as the Com- ‘‘(2) TYPES OF ESTIMATES.—In addition to ‘‘(4) produces a life-cycle cost estimate; mandant or the Secretary of the department life-cycle cost estimates that may be devel- and in which the Coast Guard is operating deter- oped by acquisition program offices, the ‘‘(5) assesses the relative merits of alter- mines to be necessary for appropriate eval- Commandant shall require that an inde- natives to determine a preferred solution in uation of the capability or asset; and pendent life-cycle cost estimate be developed accordance with the requirements of this ‘‘(G) the business case for each viable al- for each Level 1 or Level 2 acquisition section. ternative. project or program. ‘‘(b) SUBMISSION REQUIRED BEFORE PRO- ‘‘(d) TEST AND EVALUATION MASTER PLAN.— ‘‘(3) REQUIRED UPDATES.—For each Level 1 CEEDING.—Any Coast Guard Level 1 or Level ‘‘(1) IN GENERAL.—For any Level 1 or Level or Level 2 acquisition project or program the 2 acquisition project or program may not 2 acquisition project or program the Chief Commandant shall require that life-cycle begin to obtain any capability or asset or Acquisition Officer must approve a test and cost estimates shall be updated before each proceed beyond that phase of its develop- evaluation master plan specific to the acqui- milestone decision is concluded and the ment that entails approving the supporting sition project or program for the capability, project or program enters a new acquisition acquisition until the Commandant submits asset, or subsystems of the capability or phase. to the appropriate congressional committees asset and intended to minimize technical, ‘‘§ 573. Preliminary development and dem- the following: cost, and schedule risk as early as prac- onstration ticable in the development of the project or ‘‘(1) The key performance parameters, the ‘‘(a) IN GENERAL.—The Commandant shall key system attributes, and the operational program. ensure that developmental test and evalua- performance attributes of the capability or ‘‘(2) TEST AND EVALUATION STRATEGY.—The tion, operational test and evaluation, life- asset to be acquired under the proposed ac- master plan shall— cycle cost estimates, and the development quisition project or program. ‘‘(A) set forth an integrated test and eval- and demonstration requirements applied by ‘‘(2) A detailed list of the systems or other uation strategy that will verify that capa- this chapter to acquisition projects and pro- capabilities with which the capability or bility-level or asset-level and subsystem- grams are met to confirm that the projects asset to be acquired is intended to be inter- level design and development, including per- or programs meet the requirements identi- operable, including an explanation of the at- formance and supportability, have been suf- fied in the mission-analysis and affordability tributes of interoperability. ficiently proven before the capability, asset, assessment prepared under section 571(a)(2), ‘‘(3) The anticipated acquisition project or or subsystem of the capability or asset is ap- the operational requirements developed program baseline and acquisition unit cost proved for production; and under section 572(a)(1) and the following de- for the capability or asset to be acquired ‘‘(B) require that adequate developmental velopment and demonstration objectives: under the project or program. tests and evaluations and operational tests ‘‘(1) To demonstrate that the design, man- ‘‘(4) A detailed schedule for the acquisition and evaluations established under subpara- ufacturing, and production solution is based process showing when all capability and graph (A) are performed to inform produc- upon a stable, producible, and cost-effective asset acquisitions are to be completed and tion decisions. product design. when all acquired capabilities and assets are ‘‘(3) OTHER COMPONENTS OF THE MASTER ‘‘(2) To ensure that the product capabili- to be initially and fully deployed. PLAN.—At a minimum, the master plan shall ties meet contract specifications, acceptable ‘‘(c) ANALYSIS OF ALTERNATIVES.— identify— operational performance requirements, and ‘‘(1) IN GENERAL.—The Coast Guard may ‘‘(A) the key performance parameters to be system security requirements. not acquire an experimental or technically resolved through the integrated test and ‘‘(3) To ensure that the product design is immature capability or asset or implement a evaluation strategy; mature enough to commit to full production Level 1 or Level 2 acquisition project or pro- ‘‘(B) critical operational issues to be as- and deployment. gram, unless it has prepared an analysis of sessed in addition to the key performance ‘‘(b) TESTS AND EVALUATIONS.— alternatives for the capability or asset to be parameters; ‘‘(1) IN GENERAL.—The Commandant shall acquired in the concept and technology de- ‘‘(C) specific development test and evalua- ensure that the Coast Guard conducts devel- velopment phase of the acquisition process tion phases and the scope of each phase; opmental tests and evaluations and oper- for the capability or asset. ‘‘(D) modeling and simulation activities to ational tests and evaluations of a capability ‘‘(2) REQUIREMENTS.—The analysis of alter- be performed, if any, and the scope of such or asset and the subsystems of the capability natives shall be prepared by a federally fund- activities; or asset in accordance with the master plan ed research and development center, a quali- ‘‘(E) early operational assessments to be prepared for the capability or asset under fied entity of the Department of Defense, or performed, if any, and the scope of such as- section 572(d)(1). a similar independent third-party entity sessments; ‘‘(2) USE OF THIRD PARTIES.—The Com- that has appropriate acquisition expertise ‘‘(F) operational test and evaluation mandant shall ensure that the Coast Guard and has no financial interest in any part of phases; uses independent third parties with expertise the acquisition project or program that is ‘‘(G) an estimate of the resources, includ- in testing and evaluating the capabilities or the subject of the analysis. At a minimum, ing funds, that will be required for all test, assets and the subsystems of the capabilities the analysis of alternatives shall include— evaluation, assessment, modeling, and sim- or assets being acquired to conduct develop- ‘‘(A) an assessment of the technical matu- ulation activities; and mental tests and evaluations and operational rity of the capability or asset, and technical ‘‘(H) the Government entity or inde- tests and evaluations whenever the Coast and other risks; pendent entity that will perform the test, Guard lacks the capability to conduct the ‘‘(B) an examination of capability, inter- evaluation, assessment, modeling, and sim- tests and evaluations required by a master operability, and other advantages and dis- ulation activities. plan. advantages; ‘‘(4) UPDATE.—The Chief Acquisition Offi- ‘‘(3) COMMUNICATION OF SAFETY CONCERNS.— ‘‘(C) an evaluation of whether different cer must approve an updated master plan The Commandant shall require that safety combinations or quantities of specific assets whenever there is a revision to project or concerns identified during developmental or or capabilities could meet the Coast Guard’s program test and evaluation strategy, scope, operational tests and evaluations or through overall performance needs; or phasing. independent or Government-conducted de- ‘‘(D) a discussion of key assumptions and ‘‘(5) LIMITATION.—The Coast Guard may sign assessments of capabilities or assets and variables, and sensitivity to change in such not— subsystems of capabilities or assets to be ac- assumptions and variables; ‘‘(A) proceed beyond that phase of the acquired by the Coast Guard shall be commu- ‘‘(E) when an alternative is an existing ca- quisition process that entails approving the nicated as soon as practicable, but not later pability, asset, or prototype, an evaluation supporting acquisition of a capability or than 30 days after the completion of the test of relevant safety and performance records asset before the master plan is approved by or assessment event or activity that identi- and costs; the Chief Acquisition Officer; or fied the safety concern, to the program man- ‘‘(F) a calculation of life-cycle costs in- ‘‘(B) award any production contract for a ager for the capability or asset and the sub- cluding— capability, asset, or subsystem for which a systems concerned and to the Chief Acquisi- ‘‘(i) an examination of likely research and master plan is required under this subsection tion Officer. development costs and the levels of uncer- before the master plan is approved by the ‘‘(4) REPORTING OF SAFETY CONCERNS.—Any tainty associated with such estimated costs; Chief Acquisition Officer. safety concerns that have been reported to

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.155 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7114 CONGRESSIONAL RECORD — HOUSE September 28, 2010 the Chief Acquisition Officer for an acquisi- mittee on Transportation and Infrastructure ‘‘(4) the updated acquisition schedule and tion program or project shall be reported by of the House of Representatives and the the complete history of changes to the origi- the Commandant to the appropriate congres- Committee on Commerce, Science, and nal schedule; sional committees at least 90 days before the Transportation of the Senate identifying ‘‘(5) a full life-cycle cost analysis for the award of any contract or issuance of any de- which, if any, Coast Guard cutters that have capability or asset or class of capabilities or livery order or task order for low, initial, or been issued a certificate of classification by assets; full-rate production of the capability or the American Bureau of Shipping have not ‘‘(6) a remediation plan identifying correc- asset concerned if they will remain uncor- been maintained in class and detailing the tive actions and any resulting issues or rected or unmitigated at the time such a reasons why they have not been maintained risks; and contract is awarded or delivery order or task in class. ‘‘(7) a description of how progress in the re- order is issued. The report shall include a ‘‘(4) OTHER VESSELS.—The Commandant mediation plan will be measured and mon- justification for the approval of that level of shall cause the design and construction of itored. production of the capability or asset before each National Security Cutter, other than ‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR the safety concerns are corrected or miti- National Security Cutters 1, 2, and 3, to be SCHEDULE.—If a likely cost overrun is great- gated. The report shall also include an expla- assessed by an independent third party with er than 20 percent or a likely delay is greater nation of the actions that will be taken to expertise in vessel design and construction than 12 months from the costs and schedule correct or mitigate the safety concerns, the certification. described in the acquisition program base- date by which those actions will be taken, ‘‘(5) AIRCRAFT AIRWORTHINESS.—The Com- line for any Level 1 or Level 2 acquisition and the adequacy of current funding to cor- mandant shall cause all aircraft and aircraft project or program of the Coast Guard, the rect or mitigate the safety concerns. engines acquired by the Coast Guard and de- Commandant shall include in the report a ‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR livered after the date of enactment of the written certification, with a supporting ex- FULL-RATE PRODUCTION.—If operational test Coast Guard Authorization Act of 2010 to be planation, that— and evaluation of a capability or asset al- assessed for airworthiness by an independent ‘‘(1) the capability or asset or capability or ready in low, initial, or full-rate production third party with expertise in aircraft and asset class to be acquired under the project identifies a safety concern with the capa- aircraft engine certification before final ac- or program is essential to the accomplish- bility or asset or any subsystems of the ca- ceptance. ment of Coast Guard missions; pability or asset not previously identified ‘‘§ 574. Acquisition, production, deployment, ‘‘(2) there are no alternatives to such capa- during developmental or operational test and and support bility or asset or capability or asset class evaluation, the Commandant shall— that will provide equal or greater capability ‘‘(A) notify the program manager and the ‘‘(a) IN GENERAL.—The Commandant shall— in both a more cost-effective and timely Chief Acquisition Officer of the safety con- manner; cern as soon as practicable, but not later ‘‘(1) ensure there is a stable and efficient production and support capability to develop ‘‘(3) the new acquisition schedule and esti- than 30 days after the completion of the test mates for total acquisition cost are reason- and evaluation event or activity that identi- an asset or capability for the Coast Guard; ‘‘(2) conduct follow-on testing to confirm able; and fied the safety concern; and ‘‘(4) the management structure for the ac- ‘‘(B) notify the Chief Acquisition Officer and monitor performance and correct defi- quisition program is adequate to manage and and include in such notification— ciencies; and control performance, cost, and schedule. ‘‘(i) an explanation of the actions that will ‘‘(3) conduct acceptance tests and trials be taken to correct or mitigate the safety prior to the delivery of each asset or system ‘‘§ 576. Acquisition approval authority concern in all capabilities or assets and sub- to ensure the delivered asset or system ‘‘Nothing in this subchapter shall be con- systems of the capabilities or assets yet to achieves full operational capability. strued as altering or diminishing in any way be produced, and the date by which those ac- ‘‘(b) ELEMENTS.—The Commandant shall— the statutory authority and responsibility of tions will be taken; ‘‘(1) execute production contracts; the Secretary of the department in which ‘‘(ii) an explanation of the actions that will ‘‘(2) ensure that delivered assets and capa- the Coast Guard is operating, or the Sec- be taken to correct or mitigate the safety bilities meet operational cost and schedules retary’s designee, to— concern in previously produced capabilities requirements established in the acquisition ‘‘(1) manage and administer department or assets and subsystems of the capabilities program baseline; procurements, including procurements by or assets, and the date by which those ac- ‘‘(3) validate manpower and training re- department components, as required by sections will be taken; and quirements to meet system needs to operate, tion 701 of the Homeland Security Act of 2002 ‘‘(iii) an assessment of the adequacy of cur- maintain, support, and instruct the assets or (6 U.S.C. 341); or rent funding to correct or mitigate the safe- capabilities; and ‘‘(2) manage department acquisition activity concern in capabilities or assets and sub- ‘‘(4) prepare an acquisition project or pro- ties and act as the Acquisition Decision Au- systems of the capabilities or assets and in gram transition plan to enter into pro- thority with regard to the review or approval previously produced capabilities or assets grammatic sustainment, operations, and of a Coast Guard Level 1 or Level 2 acquisi- and subsystems. support. tion project or program, as required by sec- ‘‘(c) TECHNICAL CERTIFICATION.— ‘‘§ 575. Acquisition program baseline breach tion 16 of the Office of Federal Procurement ‘‘(1) IN GENERAL.—The Commandant shall ‘‘(a) IN GENERAL.—The Commandant shall Policy Act (41 U.S.C. 414) and related imple- ensure that any Level 1 or Level 2 acquisi- submit a report to the appropriate congres- menting regulations and directives. tion project or program is certified by the sional committees and the Committee on ‘‘SUBCHAPTER III—DEFINITIONS technical authority of the Coast Guard after Homeland Security of the House of Rep- review by an independent third party with resentatives as soon as possible, but not ‘‘§ 581. Definitions capabilities in the mission area, asset, or later than 30 days, after the Chief Acquisi- ‘‘In this chapter: particular asset component. tion Officer of the Coast Guard becomes ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘(2) TEMPEST TESTING.—The Com- aware of the breach of an acquisition pro- TEES.—The term ‘appropriate congressional mandant shall— gram baseline for any Level 1 or Level 2 ac- committees’ means the Committee on Trans- ‘‘(A) cause all electronics on all aircraft, quisition program, by— portation and Infrastructure of the House of surface, and shore capabilities and assets ‘‘(1) a likely cost overrun greater than 15 Representatives and the Committee on Com- that require TEMPEST certification and percent of the acquisition program baseline merce, Science, and Transportation of the that are delivered after the date of enact- for that individual capability or asset or a Senate. ment of the Coast Guard Authorization Act class of capabilities or assets; ‘‘(2) CHIEF ACQUISITION OFFICER.—The term of 2010 to be tested in accordance with TEM- ‘‘(2) a likely delay of more than 180 days in ‘Chief Acquisition Officer’ means the officer PEST standards and communications secu- the delivery schedule for any individual ca- appointed under section 56 of this title. rity (comsec) standards by an independent pability or asset or class of capabilities or ‘‘(3) COMMANDANT.—The term ‘Com- third party that is authorized by the Federal assets; or mandant’ means the Commandant of the Government to perform such testing; and ‘‘(3) an anticipated failure for any indi- Coast Guard. ‘‘(B) certify that the assets meet all appli- vidual capability or asset or class of capa- ‘‘(4) LEVEL 1 ACQUISITION.—The term ‘Level cable TEMPEST requirements. bilities or assets to satisfy any key perform- 1 acquisition’ means— ‘‘(3) CUTTER CLASSIFICATION.— ance threshold or parameter under the acqui- ‘‘(A) an acquisition by the Coast Guard— ‘‘(A) IN GENERAL.—The Commandant shall sition program baseline. ‘‘(i) the estimated life-cycle costs of which cause each cutter, other than a National Se- ‘‘(b) CONTENT.—The report submitted under exceed $1,000,000,000; or curity Cutter, acquired by the Coast Guard subsection (a) shall include— ‘‘(ii) the estimated total acquisition costs and delivered after the date of enactment of ‘‘(1) a detailed description of the breach of which exceed $300,000,000; or the Coast Guard Authorization Act of 2010 to and an explanation of its cause; ‘‘(B) any acquisition that the Chief Acqui- be classed by the American Bureau of Ship- ‘‘(2) the projected impact to performance, sition Officer of the Coast Guard determines ping before final acceptance. cost, and schedule; to have a special interest— ‘‘(B) REPORTS.—Not later than December ‘‘(3) an updated acquisition program base- ‘‘(i) due to— 31, 2011, and biennially thereafter, the Com- line and the complete history of changes to ‘‘(I) the experimental or technically imma- mandant shall provide a report to the Com- the original acquisition program baseline; ture nature of the asset;

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.155 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7115 ‘‘(II) the technological complexity of the Report OIG–07–23 dated January 2007, the ‘‘(B) The requirements of subparagraph (A) asset; Commandant shall submit to the appropriate do not apply to such vice admiral if the sub- ‘‘(III) the commitment of resources; or congressional committees all results of an ordinate officer serving in the grade of rear ‘‘(IV) the nature of the capability or set of assessment of the proposed hull strength- admiral with responsibilities for marine capabilities to be achieved; or ening design conducted by the Coast Guard, safety, security, and stewrdship possesses ‘‘(ii) because such acquisition is a joint ac- including— that experience. quisition. (1) a description in detail of the extent to ‘‘(b)(1) The appointment and the grade of ‘‘(5) LEVEL 2 ACQUISITION.—The term ‘Level which the hull strengthening measures to be vice admiral shall be effective on the date 2 acquisition’ means an acquisition by the implemented on those cutters will enable the the officer assumes that duty and, except as Coast Guard— cutters to meet contract and performance re- provided in paragraph (2) of this subsection ‘‘(A) the estimated life-cycle costs of which quirements; or in section 51(d) of this title, shall termi- are equal to or less than $1,000,000,000, but (2) a cost-benefit analysis of the proposed nate on the date the officer is detached from greater than $300,000,000; or hull strengthening measures for National Se- that duty. ‘‘(B) the estimated total acquisition costs curity Cutters 1 and 2; and ‘‘(2) An officer who is appointed to a posi- of which are equal to or less than (3) a description of any operational restriction designated under subsection (a) shall $300,000,0000, but greater than $100,000,000. tions that would have to be applied to either continue to hold the grade of vice admiral— ‘‘(6) LIFE-CYCLE COST.—The term ‘life-cycle National Security Cutter 1 or 2 if the pro- ‘‘(A) while under orders transferring the of- cost’ means all costs for development, proposed hull strengthening measures were not ficer to another position designated under curement, construction, and operations and implemented on either cutter. subsection (a), beginning on the date the of- support for a particular capability or asset, (b) APPROPRIATE CONGRESSIONAL COMMIT- ficer is detached from that duty and termi- without regard to funding source or manage- TEES.—In this section the term ‘‘appropriate nating on the date before the day the officer ment control. congressional committees’’ means the Com- assumes the subsequent duty, but not for ‘‘(7) PROJECT OR PROGRAM MANAGER DE- mittees on Transportation and Infrastruc- more than 60 days; FINED.—The term ‘project or program man- ture and Homeland Security of the House of ‘‘(B) while hospitalized, beginning on the ager’ means an individual designated— Representatives and the Committee on Com- day of the hospitalization and ending on the ‘‘(A) to develop, produce, and deploy a new merce, Science, and Transportation of the day the officer is discharged from the hos- asset to meet identified operational require- Senate. pital, but not for more than 180 days; and ments; and SEC. 404. ACQUISITION WORKFORCE EXPEDITED ‘‘(C) while awaiting retirement, beginning ‘‘(B) to manage cost, schedule, and per- HIRING AUTHORITY. on the date the officer is detached from duty formance of the acquisition, project, or pro- (a) IN GENERAL.—For purposes of sections and ending on the day before the officer’s re- gram. 3304, 5333, and 5753 of title 5, United States tirement, but not for more than 60 days. ‘‘(8) SAFETY CONCERN.—The term ‘safety Code, the Commandant of the Coast Guard ‘‘(c)(1) An appointment of an officer under concern’ means any hazard associated with a may— subsection (a) does not vacate the permanent capability or asset or a subsystem of a capa- (1) designate any category of acquisition grade held by the officer. bility or asset that is likely to cause serious positions within the Coast Guard as shortage ‘‘(2) An officer serving in a grade above bodily injury or death to a typical Coast category positions; and rear admiral who holds the permanent grade Guard user in testing, maintaining, repair- (2) use the authorities in such sections to of rear admiral (lower half) shall be consid- ing, or operating the capability, asset, or recruit and appoint highly qualified persons ered for promotion to the permanent grade subsystem or any hazard associated with the directly to positions so designated. of rear admiral as if the officer was serving capability, asset, or subsystem that is likely (b) LIMITATION.—The Commandant may in the officer’s permanent grade. to cause major damage to the capability, not appoint a person to a position of employ- ‘‘(d) Whenever a vacancy occurs in a posi- asset, or subsystem during the course of its ment under this paragraph after September tion designated under subsection (a), the normal operation by a typical Coast Guard 30, 2012. Commandant shall inform the President of user. (c) REPORTS.—The Commandant shall in- the qualifications needed by an officer serv- ‘‘(9) DEVELOPMENTAL TEST AND EVALUA- clude in reports under section 562(d) of title ing in that position or office to carry out ef- TION.—The term ‘developmental test and 14, United States Code, as added by this title, fectively the duties and responsibilities of evaluation’ means— information described in that section regard- that position or office.’’. ‘‘(A) the testing of a capability or asset ing positions designated under this section. (b) REPEAL.—Section 50a of such title is repealed. and the subsystems of the capability or asset TITLE V—COAST GUARD MODERNIZATION (c) CONFORMING AMENDMENTS.—Section 51 to determine whether they meet all contrac- SEC. 501. SHORT TITLE. of such title is amended— tual performance requirements, including This title may be cited as the ‘‘Coast (1) by striking subsections (a), (b), and (c) technical performance requirements, Guard Modernization Act of 2010’’. and inserting the following: supportability requirements, and interoper- ‘‘(a) An officer, other than the Com- ability requirements and related specifica- Subtitle A—Coast Guard Leadership mandant, who, while serving in the grade of tions; and SEC. 511. VICE ADMIRALS. vice admiral, is retired for physical dis- ‘‘(B) the evaluation of the results of such (a) VICE ADMIRALS.—Section 50 of such ability shall be placed on the retired list testing. title is amended to read as follows: with the highest grade in which that officer ‘‘(10) OPERATIONAL TEST AND EVALUATION.— ‘‘§ 50. Vice admirals served. The term ‘operational test and evaluation’ ‘‘(a)(1) The President may designate no ‘‘(b) An officer, other than the Com- means— more than 4 positions of importance and re- mandant, who is retired while serving in the ‘‘(A) the testing of a capability or asset sponsibility that shall be held by officers grade of vice admiral, or who, after serving and the subsystems of the capability or who— at least 21⁄2 years in the grade of vice admi- asset, under conditions similar to those in ‘‘(A) while so serving, shall have the grade ral, is retired while serving in a lower grade, which the capability or asset and subsystems of vice admiral, with the pay and allowances may in the discretion of the President, be re- will actually be deployed, for the purpose of of that grade; and tired with the highest grade in which that determining the effectiveness and suitability ‘‘(B) shall perform such duties as the Com- officer served. of the capability or asset and subsystems for mandant may prescribe. ‘‘(c) An officer, other than the Com- use by typical Coast Guard users to conduct ‘‘(2) The President may appoint, by and mandant, who, after serving less than 21⁄2 those missions for which the capability or with the advice and consent of the Senate, years in the grade of vice admiral, is retired asset and subsystems are intended to be and reappoint, by and with the advice and while serving in a lower grade, shall be re- used; and consent of the Senate, to any such position tired in his permanent grade.’’; and ‘‘(B) the evaluation of the results of such an officer of the Coast Guard who is serving (2) by striking ‘‘Area Commander, or Chief testing.’’. on active duty above the grade of captain. of Staff’’ in subsection (d)(2) and inserting ONFORMING AMENDMENT.—The part (b) C The Commandant shall make recommenda- ‘‘or Vice Admiral’’. analysis for part I of title 14, United States tions for such appointments. (d) CONTINUITY OF GRADE.—Section 52 of Code, is amended by inserting after the item ‘‘(3) (A) Except as provided in subpara- title 14, United States Code, is amended by relating to chapter 13 the following: graph (B), one of the vice admirals des- inserting ‘‘or admiral’’ after ‘‘vice admiral’’ ‘‘15. Acquisitions ...... 561’’. ignated under paragraph (1) must have at the first place it appears. SEC. 403. NATIONAL SECURITY CUTTERS. least 10 years experience in vessel inspec- (e) CONTINUATION ON ACTIVE DUTY.—The (a) NATIONAL SECURITY CUTTERS 1 AND 2.— tion, marine casualty investigations, mar- second sentence of section 290(a) of title 14, Not later than 90 days before the Coast iner licensing, or an equivalent technical ex- United States Code, is amended to read as Guard awards any contract or issues any de- pertise in the design and construction of follows: ‘‘Officers, other than the Com- livery order or task order to strengthen the commercial vessels, with at least 4 years of mandant, serving for the time being or who hull of either of National Security Cutter 1 leadership experience at a staff or unit car- have served in the grade of vice admiral are or 2 to resolve the structural design and per- rying out marine safety functions and shall not subject to consideration for continuation formance issues identified in the Department serve as the principal advisor to the Com- under this subsection, and as to all other of Homeland Security Inspector General’s mandant on these issues. provisions of this section shall be considered

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.156 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7116 CONGRESSIONAL RECORD — HOUSE September 28, 2010 as having been continued at the grade of rear ‘‘(3) marine safety engineer shall have ‘‘(3) perform any other missions as the admiral.’’. knowledge, skill, and practical experience Commandant may specify. (f) CLERICAL AMENDMENTS.— in— ‘‘(c) JOINT OPERATION WITH EDUCATIONAL (1) The section caption for section 47 of ‘‘(A) the construction and operation of INSTITUTION AUTHORIZED.—The Commandant such title is amended to read as follows: commercial vessels; may enter into an agreement with an appro- ‘‘§ 47. Vice commandant; appointment’’. ‘‘(B) judging the character, strength, sta- priate official of an institution of higher education to— (2) The section caption for section 52 of bility, and safety qualities of such vessels ‘‘(1) provide for joint operation of a center; title 14, United States Code, is amended to and their equipment; or and read as follows: ‘‘(C) the qualifications and training of vessel personnel. ‘‘(2) provide necessary administrative serv- ‘‘§ 52. Vice admirals and admiral, continuity ‘‘(c) APPRENTICESHIP REQUIREMENT TO ices for a center, including administration of grade’’. QUALIFY FOR CERTAIN CAREERS.—The Com- and allocation of funds. (3) The table of contents for chapter 3 of mandant may require an officer, member, or ‘‘(d) ACCEPTANCE OF DONATIONS.— such title is amended— employee of the Coast Guard in training for ‘‘(1) Except as provided in paragraph (2), (A) by striking the item relating to section a specialized prevention or response career the Commandant may accept, on behalf of a 47 and inserting the following: path to serve an apprenticeship under the center, donations to be used to defray the ‘‘47. Vice Commandant; appointment.’’; guidance of a qualified individual. However, costs of the center or to enhance the oper- (B) by striking the item relating to section an individual in training to become a marine ation of the center. Those donations may be 50a; inspector, marine casualty investigator, or accepted from any State or local govern- (C) by striking the item relating to section marine safety engineer shall serve a min- ment, any foreign government, any founda- 50 and inserting the following: imum of one-year as an apprentice unless the tion or other charitable organization (includ- Commandant authorizes a shorter period for ‘‘50. Vice admirals.’’; and ing any that is organized or operates under certain qualifications. (D) by striking the item relating to section the laws of a foreign country), or any indi- ‘‘(d) MANAGEMENT INFORMATION SYSTEM.— 52 and inserting the following: vidual. The Secretary, acting through the Com- ‘‘(2) The Commandant may not accept a ‘‘52. Vice admirals and admiral, continuity of mandant, shall establish a management in- donation under paragraph (1) if the accept- grade.’’. formation system for the prevention and re- ance of the donation would compromise or (g) TECHNICAL CORRECTION.—Section 47 of sponse workforces that shall provide, at a appear to compromise— such title is further amended by striking minimum, the following standardized infor- ‘‘(A) the ability of the Coast Guard or the ‘‘subsection’’ in the fifth sentence and in- mation on persons serving in those department in which the Coast Guard is op- serting ‘‘section’’. workforces: erating, any employee of the Coast Guard or (h) TREATMENT OF INCUMBENTS; TRANSI- ‘‘(1) Qualifications, assignment history, the department, or any member of the TION.— and tenure in assignments. Armed Forces to carry out any responsi- (1) Notwithstanding any other provision of ‘‘(2) Promotion rates for military and civil- bility or duty in a fair and objective manner; law, an officer who, on the date of enactment ian personnel. or of this Act, is serving as Chief of Staff, Com- ‘‘(e) ASSESSMENT OF ADEQUACY OF MARINE ‘‘(B) the integrity of any program of the mander, Atlantic Area, or Commander, Pa- SAFETY WORKFORCE.— Coast Guard, the department in which the cific Area— ‘‘(1) REPORT.—The Secretary, acting Coast Guard is operating, or of any person (A) shall continue to have the grade of vice through the Commandant, shall report to involved in such a program. admiral with pay and allowance of that the Committee on Transportation and Infra- ‘‘(3) The Commandant shall prescribe writ- grade until such time that the officer is re- structure of the House of Representatives ten guidance setting forth the criteria to be lieved of his duties and appointed and con- and the Committee on Commerce, Science, used in determining whether or not the ac- firmed to another position as a vice admiral and Transportation of the Senate by Decem- ceptance of a donation from a foreign source or admiral; or ber 1 of each year on the adequacy of the would have a result described in paragraph (B) for the purposes of transition, may concurrent marine safety workforce to meet (2). tinue at the grade of vice admiral with pay that anticipated workload. and allowance of that grade, for not more ‘‘(2) CONTENTS.—The report shall specify ‘‘§ 59. Marine industry training program than 1 year after the date of enactment of the number of civilian and military Coast ‘‘(a) IN GENERAL.—The Commandant shall, this Act, to perform the duties of the offi- Guard personnel currently assigned to ma- by policy, establish a program under which cer’s former position and any other such du- rine safety positions and shall identify posi- an officer, member, or employee of the Coast ties that the Commandant prescribes. tions that are understaffed to meet the an- Guard may be assigned to a private entity to Subtitle B—Workforce Expertise ticipated marine safety workload. further the institutional interests of the ‘‘(f) SECTOR CHIEF OF PREVENTION.—There Coast Guard with regard to marine safety, SEC. 521. PREVENTION AND RESPONSE STAFF. shall be in each Coast Guard sector a Chief of including for the purpose of providing train- (a) IN GENERAL.—Chapter 3 of title 14, Prevention who shall be at least a Lieuten- ing to an officer, member, or employee. Poli- United States Code, is amended by adding at ant Commander or civilian employee within cies to carry out the program— the end the following new sections: the grade GS–13 of the General Schedule, and ‘‘(1) with regard to an employee of the ‘‘§ 57. Prevention and response workforces who shall be a— Coast Guard, shall include provisions, con- ‘‘(a) CAREER PATHS.—The Secretary, acting ‘‘(1) marine inspector, qualified to inspect sistent with sections 3702 through 3704 of through the Commandant, shall ensure that vessels, vessel systems, and equipment com- title 5, as to matters concerning— appropriate career paths for civilian and monly found in the sector; and ‘‘(A) the duration and termination of as- military Coast Guard personnel who wish to ‘‘(2) qualified marine casualty investigator signments; pursue career paths in prevention or re- or marine safety engineer. ‘‘(B) reimbursements; and sponse positions are identified in terms of ‘‘(g) SIGNATORIES OF LETTER OF QUALIFICA- ‘‘(C) status, entitlements, benefits, and ob- the education, training, experience, and as- TION FOR CERTAIN PREVENTION PERSONNEL.— ligations of program participants; and signments necessary for career progression Each individual signing a letter of qualifica- ‘‘(2) shall require the Commandant, before of civilians and members of the Armed tion for marine safety personnel must hold a approving the assignment of an officer, Forces to the most senior prevention or re- letter of qualification for the type being cer- member, or employee of the Coast Guard to sponse positions, as appropriate. The Sec- tified. a private entity, to determine that the as- retary shall make available published infor- ‘‘(h) SECTOR CHIEF OF RESPONSE.—There signment is an effective use of the Coast mation on such career paths. shall be in each Coast Guard sector a Chief of Guard’s funds, taking into account the best ‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGN- Response who shall be at least a Lieutenant interests of the Coast Guard and the costs MENTS.—An officer, member, or civilian em- Commander or civilian employee within the and benefits of alternative methods of ployee of the Coast Guard assigned as a— grade GS–13 of the General Schedule in each achieving the same results and objectives. ‘‘(1) marine inspector shall have the train- Coast Guard sector. ‘‘(b) ANNUAL REPORT.—Not later than the ing, experience, and qualifications equiva- ‘‘§ 58. Centers of expertise for Coast Guard date of the submission each year of the lent to that required for a similar position at prevention and response President’s budget request under section 1105 a classification society recognized by the ‘‘(a) ESTABLISHMENT.—The Commandant of of title 31, the Commandant shall submit to Secretary under section 3316 of title 46 for the Coast Guard may establish and operate the Committee on Transportation and Infra- the type of vessel, system, or equipment that one or more centers of expertise for preven- structure of the House of Representatives is inspected; tion and response missions of the Coast and the Committee on Commerce, Science, ‘‘(2) marine casualty investigator shall Guard (in this section referred to as a ‘cen- and Transportation of the Senate a report have the training, experience, and qualifica- ter’). that describes— tions in investigation, marine casualty re- ‘‘(b) MISSIONS.—Each center shall— ‘‘(1) the number of officers, members, and construction, evidence collection and preser- ‘‘(1) promote and facilitate education, employees of the Coast Guard assigned to vation, human factors, and documentation training, and research; private entities under this section; and using best investigation practices by Federal ‘‘(2) develop a repository of information on ‘‘(2) the specific benefit that accrues to the and non-Federal entities; or its missions and specialties; and Coast Guard for each assignment.’’.

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(b) CLERICAL AMENDMENT.—The table of ‘‘(A) on the performance of the marine or waiver of a decision regarding marine sections at the beginning of such chapter is safety program in achieving the goals of the safety, including inspection or manning and further amended by adding at the end the marine safety strategy and annual plan threats to the environment, shall— following new items: under subsection (a) for the year covered by ‘‘(1) be a qualified specialist with the train- ‘‘57. Prevention and response workforces. the report; ing, experience, and qualifications in marine ‘‘58. Centers of expertise for Coast Guard pre- ‘‘(B) on the program’s mission performance safety to effectively judge the facts and cir- vention and response. in achieving numerical measurable goals es- cumstances involved in the appeal and make ‘‘59. Marine industry training programs.’’. tablished under subsection (b); and a judgment regarding the merits of the ap- SEC. 522. MARINE SAFETY MISSION PRIORITIES ‘‘(C) recommendations on how to improve peal; or AND LONG-TERM GOALS. performance of the program.’’. ‘‘(2) have a senior staff member who— (a) IN GENERAL.—Chapter 21 of title 46, (b) CLERICAL AMENDMENT.—The analysis ‘‘(A) meets the requirements of paragraph United States Code, is amended by adding at for such chapter is amended by adding at the (1); the end the following new section: end the following new item: ‘‘(B) actively advises the individual adjudi- ‘‘§ 2116. Marine safety strategy, goals, and ‘‘2116. Marine safety strategy, goals, and per- cating the appeal; and performance assessments formance assessments.’’. ‘‘(C) concurs in writing on the decision on appeal.’’. ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In (c) CERTIFICATES OF INSPECTION.—Section (b) CLERICAL AMENDMENT.—The analysis conjunction with existing federally required 3309 of title 46, United States Code, is amend- for such chapter is further amended by add- strategic planning efforts, the Secretary ed by adding at the end the following: ing at the end the following new item: shall develop a long-term strategy for im- ‘‘(d) A certificate of inspection issued proving vessel safety and the safety of indi- under this section shall be signed by the sen- ‘‘102. Appeals and waivers.’’. viduals on vessels. The strategy shall include ior Coast Guard member or civilian em- SEC. 525. COAST GUARD ACADEMY. the issuance each year of an annual plan and ployee who inspected the vessel, in addition (a) IN GENERAL.—Chapter 9 of title 14, schedule for achieving the following goals: to the officer in charge of marine inspec- United States Code, is further amended by ‘‘(1) Reducing the number and rates of mation.’’. adding at the end the following new section: rine casualties. SEC. 523. POWERS AND DUTIES. ‘‘§ 200. Marine safety curriculum ‘‘(2) Improving the consistency and effec- Section 93 of title 14, United States Code, ‘‘The Commandant of the Coast Guard tiveness of vessel and operator enforcement is amended by adding at the end the fol- shall ensure that professional courses of and compliance programs. lowing new subsections: study in marine safety are provided at the ‘‘(3) Identifying and targeting enforcement ‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In Coast Guard Academy, and during other offi- efforts at high-risk vessels and operators. exercising the Commandant’s duties and re- cer accession programs, to give Coast Guard ‘‘(4) Improving research efforts to enhance sponsibilities with regard to marine safety, cadets and other officer candidates a back- and promote vessel and operator safety and the individual with the highest rank who ground and understanding of the marine performance. meets the experience qualifications set forth safety program. These courses may include ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL in section 50(a)(3) shall serve as the principal such topics as program history, vessel design PLANS.— advisor to the Commandant regarding— and construction, vessel inspection, casualty ‘‘(1) MEASURABLE GOALS.—The strategy and ‘‘(1) the operation, regulation, inspection, investigation, and administrative law and annual plans shall include specific numeric identification, manning, and measurement of regulations.’’. or measurable goals designed to achieve the vessels, including plan approval and the ap- (b) CLERICAL AMENDMENT.—The analysis goals set forth in subsection (a). The pur- plication of load lines; for such chapter is further amended by add- poses of the numeric or measurable goals are ‘‘(2) approval of materials, equipment, ap- ing at the end the following new item: the following: pliances, and associated equipment; ‘‘200. Marine safety curriculum.’’. ‘‘(A) To increase the number of safety ex- ‘‘(3) the reporting and investigation of ma- SEC. 526. REPORT REGARDING CIVILIAN MARINE aminations on all high-risk vessels. rine casualties and accidents; INSPECTORS. ‘‘(B) To eliminate the backlog of marine ‘‘(4) the licensing, certification, docu- Not later than one year after the date of safety-related rulemakings. mentation, protection and relief of merchant enactment of this Act, the Commandant of ‘‘(C) To improve the quality and effective- seamen; the Coast Guard shall submit to the Com- ness of marine safety information databases ‘‘(5) suspension and revocation of licenses mittee on Transportation and Infrastructure by ensuring that all Coast Guard personnel and certificates; of the House of Representatives and the accurately and effectively report all safety, ‘‘(6) enforcement of manning requirements, Committee on Commerce, Science, and casualty, and injury information. citizenship requirements, control of log Transportation of the Senate a report on ‘‘(D) To provide for a sufficient number of books; Coast Guard’s efforts to recruit and retain Coast Guard marine safety personnel, and ‘‘(7) documentation and numbering of ves- civilian marine inspectors and investigators provide adequate facilities and equipment to sels; and the impact of such recruitment and re- carry out the functions referred to in section ‘‘(8) State boating safety programs; tention efforts on Coast Guard organiza- 93(c). ‘‘(9) commercial instruments and maritime tional performance. ‘‘(2) RESOURCE NEEDS.—The strategy and liens; TITLE VI—MARINE SAFETY annual plans shall include estimates of— ‘‘(10) the administration of bridge safety; ‘‘(A) the funds and staff resources needed ‘‘(11) administration of the navigation SEC. 601. SHORT TITLE. to accomplish each activity included in the rules; This title may be cited as the ‘‘Maritime strategy and plans; and ‘‘(12) the prevention of pollution from ves- Safety Act of 2010’’. ‘‘(B) the staff skills and training needed for sels; SEC. 602. VESSEL SIZE LIMITS. timely and effective accomplishment of each ‘‘(13) ports and waterways safety; (a) LENGTH, TONNAGE, AND HORSEPOWER.— goal. ‘‘(14) waterways management; including Section 12113(d)(2) of title 46, United States ‘‘(c) SUBMISSION WITH THE PRESIDENT’S regulation for regattas and marine parades; Code, is amended— BUDGET.—Beginning with fiscal year 2011 and ‘‘(15) aids to navigation; and (1) by inserting ‘‘and’’ after the semicolon each fiscal year thereafter, the Secretary ‘‘(16) other duties and powers of the Sec- at the end of subparagraph (A)(i); shall submit to Congress the strategy and retary related to marine safety and steward- (2) by striking ‘‘and’’ at the end of subpara- annual plan not later than 60 days following ship. graph (A)(ii); the transmission of the President’s budget ‘‘(d) OTHER AUTHORITY NOT AFFECTED.— (3) by striking subparagraph (A)(iii); submission under section 1105 of title 31. Nothing in subsection (c) affects— (4) by striking the period at the end of sub- ‘‘(d) ACHIEVEMENT OF GOALS.— ‘‘(1) the authority of Coast Guard officers paragraph (B) and inserting a semicolon; and ‘‘(1) PROGRESS ASSESSMENT.—No less fre- and members to enforce marine safety regu- (5) by inserting at the end the following: quently than semiannually, the Coast Guard lations using authority under section 89 of ‘‘(C) the vessel is either a rebuilt vessel or Commandant shall assess the progress of the this title; or a replacement vessel under section 208(g) of Coast Guard toward achieving the goals set ‘‘(2) the exercise of authority under section the American Fisheries Act (title II of divi- forth in subsection (b). The Commandant 91 of this title and the provisions of law codi- sion C of Public Law 105–277; 112 Stat. 2681– shall convey the Commandant’s assessment fied at sections 191 through 195 of title 50 on 627) and is eligible for a fishery endorsement to the employees of the marine safety work- the date of enactment of this paragraph.’’. under this section; or force and shall identify any deficiencies that SEC. 524. APPEALS AND WAIVERS. ‘‘(D) the vessel is a fish tender vessel that should be remedied before the next progress is not engaged in the harvesting or proc- (a) IN GENERAL.—Chapter 5 of title 14, assessment. United States Code, is further amended by essing of fish.’’. ‘‘(2) REPORT TO CONGRESS.—The Secretary (b) CONFORMING AMENDMENTS.— inserting at the end the following new sec- shall report annually to the Committee on (1) VESSEL REBUILDING AND REPLACEMENT.— tion: Transportation and Infrastructure of the Section 208(g) of the American Fisheries Act House of Representatives and the Committee ‘‘§ 102. Appeals and waivers (title II of division C of Public Law 105–277; on Commerce, Science, and Transportation ‘‘Except for the Commandant of the Coast 112 Stat. 2681–627) is amended to read as fol- of the Senate— Guard, any individual adjudicating an appeal lows:

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‘‘(g) VESSEL REBUILDING AND REPLACE- ‘‘(ii) a vessel eligible under subsection (a), ber 678234), and PROVIDIAN (United States MENT.— (b), or (c) that is rebuilt to increase its reg- official number 1062183) ineligible for a fish- ‘‘(1) IN GENERAL.— istered length, gross tonnage, or shaft horse- ery endorsement or any permit necessary to ‘‘(A) REBUILD OR REPLACE.—Notwith- power. participate in any fishery under the author- standing any limitation to the contrary on ‘‘(5) LIMITATION ON FISHERY ENDORSE- ity of the New England Fishery Management replacing, rebuilding, or lengthening vessels MENTS.—Any vessel that is replaced under Council or the Mid-Atlantic Fishery Manage- or transferring permits or licenses to a re- this subsection shall thereafter not be eligi- ment Council established, respectively, placement vessel contained in sections 679.2 ble for a fishery endorsement under section under subparagraphs (A) and (B) of section and 679.4 of title 50, Code of Federal Regula- 12113 of title 46, United States Code, unless 302(a)(1) of the Magnuson-Stevens Act; or tions, as in effect on the date of enactment that vessel is also a replacement vessel de- ‘‘(ii) to allow the vessels referred to in of the Coast Guard Authorization Act of 2010 scribed in paragraph (1). clause (i) to participate in any fishery under and except as provided in paragraph (4), the ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith- the authority of the Councils referred to in owner of a vessel eligible under subsection standing paragraph (1), the Secretary shall clause (i) in any manner that is not con- (a), (b), (c), (d), or (e), in order to improve prohibit from participation in the groundfish sistent with the fishery management plan vessel safety and operational efficiencies (in- fisheries of the Gulf of Alaska any vessel for the fishery developed by the Councils cluding fuel efficiency), may rebuild or re- that is rebuilt or replaced under this sub- under section 303 of the Magnuson-Stevens section and that exceeds the maximum place that vessel (including fuel efficiency) Act.’’. length overall specified on the license that with a vessel documented with a fishery en- SEC. 603. COLD WEATHER SURVIVAL TRAINING. authorizes fishing for groundfish pursuant to dorsement under section 12113 of title 46, The Commandant of the Coast Guard shall the license limitation program under part United States Code. report to the Committee on Transportation 679 of title 50, Code of Federal Regulations, ‘‘(B) SAME REQUIREMENTS.—The rebuilt or and Infrastructure of the House of Rep- as in effect on the date of enactment of the replacement vessel shall be eligible in the resentatives and the Committee on Com- Coast Guard Authorization Act of 2010. same manner and subject to the same re- merce, Science, and Transportation of the ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth- strictions and limitations under such sub- Senate on the efficacy of cold weather sur- ing in this section shall be construed to di- vival training conducted by the Coast Guard section as the vessel being rebuilt or re- minish or otherwise affect the authority of over the preceding 5 years. The report shall placed. the Pacific Council to recommend to the include plans for conducting such training in ‘‘(C) TRANSFER OF PERMITS AND LICENSES.— Secretary conservation and management fiscal years 2010 through 2013. Each fishing permit and license held by the measures to protect fisheries under its juris- owner of a vessel or vessels to be rebuilt or diction (including the Pacific whiting fish- SEC. 604. FISHING VESSEL SAFETY. replaced under subparagraph (A) shall be ery) and participants in such fisheries from (a) SAFETY STANDARDS.—Section 4502 of transferred to the rebuilt or replacement adverse impacts caused by this Act.’’. title 46, United States Code, is amended— vessel or its owner, as necessary to permit (2) REPEAL OF EXEMPTION OF CERTAIN VES- (1) in subsection (a), by— such rebuilt or replacement vessel to operate SELS.—Section 203(g) of the American Fish- (A) striking paragraphs (6) and (7) and in- in the same manner as the vessel prior to the eries Act (title II of division C of Public Law serting the following: rebuilding or the vessel it replaced, respec- 105–277; 112 Stat. 2681–620) is repealed. ‘‘(6) other equipment required to minimize tively. (3) FISHERY COOPERATIVE EXIT PROVISIONS.— the risk of injury to the crew during vessel ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC Section 210(b) of the American Fisheries Act operations, if the Secretary determines that FISHERY MANAGEMENT COUNCIL.—The North (title II of division C of Public Law 105–277; a risk of serious injury exists that can be Pacific Fishery Management Council may 112 Stat. 2681–629) is amended— eliminated or mitigated by that equipment; recommend for approval by the Secretary (A) by moving the matter beginning with and’’; and such conservation and management meas- ‘‘the Secretary shall’’ in paragraph (1) 2 ems (B) redesignating paragraph (8) as para- ures, including size limits and measures to to the right; and graph (7); control fishing capacity, in accordance with (B) by adding at the end the following: (2) in subsection (b)— the Magnuson-Stevens Act as it considers ‘‘(7) FISHERY COOPERATIVE EXIT PROVI- (A) in paragraph (1) in the matter pre- necessary to ensure that this subsection does SIONS.— ceding subparagraph (A), by striking ‘‘docu- not diminish the effectiveness of fishery ‘‘(A) FISHING ALLOWANCE DETERMINATION.— mented’’; management plans of the Bering Sea and For purposes of determining the aggregate (B) in paragraph (1)(A), by striking ‘‘the Aleutian Islands Management Area or the percentage of directed fishing allowances Boundary Line’’ and inserting ‘‘3 nautical Gulf of Alaska. under paragraph (1), when a catcher vessel is miles from the baseline from which the terri- ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF removed from the directed pollock fishery, torial sea of the United States is measured CERTAIN VESSELS.— the fishery allowance for pollock for the ves- or beyond 3 nautical miles from the coastline ‘‘(A) IN GENERAL.—Notwithstanding the re- sel being removed— of the Great Lakes’’; quirements of subsections (b)(2), (c)(1), and ‘‘(i) shall be based on the catch history de- (C) in paragraph (2)(B), by striking ‘‘life- (c)(2) of section 12113 of title 46, United termination for the vessel made pursuant to boats or liferafts’’ and inserting ‘‘a survival States Code, a vessel that is eligible under section 679.62 of title 50, Code of Federal Reg- craft that ensures that no part of an indi- subsection (a), (b), (c), or (e) and that quali- ulations, as in effect on the date of enact- vidual is immersed in water’’; fies to be documented with a fishery endorsement of the Coast Guard Authorization Act (D) in paragraph (2)(D), by inserting ‘‘ma- ment pursuant to section 213(g) may be re- of 2010; and rine’’ before ‘‘radio’’; placed with a replacement vessel under para- ‘‘(ii) shall be assigned, for all purposes (E) in paragraph (2)(E), by striking ‘‘radar graph (1) if the vessel that is replaced is val- under this title, in the manner specified by reflectors, nautical charts, and anchors’’ and idly documented with a fishery endorsement the owner of the vessel being removed to any inserting ‘‘nautical charts, and publica- pursuant to section 213(g) before the replace- other catcher vessel or among other catcher tions’’; ment vessel is documented with a fishery en- vessels participating in the fishery coopera- (F) in paragraph (2)(F), by striking ‘‘, in- dorsement under section 12113 of title 46, tive if such vessel or vessels remain in the cluding medicine chests’’ and inserting ‘‘and United States Code. fishery cooperative for at least one year medical supplies sufficient for the size and ‘‘(B) APPLICABILITY.—A replacement vessel after the date on which the vessel being re- area of operation of the vessel’’; and under subparagraph (A) and its owner and moved leaves the directed pollock fishery. (G) by amending paragraph (2)(G) to read mortgagee are subject to the same limita- ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE- as follows: tions under section 213(g) that are applicable MENT.—Except as provided in subparagraph ‘‘(G) ground tackle sufficient for the ves- to the vessel that has been replaced and its (C), a vessel that is removed pursuant to this sel.’’; owner and mortgagee. paragraph shall be permanently ineligible (3) by amending subsection (f) to read as ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER for a fishery endorsement, and any claim (in- follows: VESSELS.— cluding relating to catch history) associated ‘‘(f) To ensure compliance with the require- ‘‘(A) IN GENERAL.—A replacement for a cov- with such vessel that could qualify any ments of this chapter, the Secretary— ered vessel described in subparagraph (B) is owner of such vessel for any permit to par- ‘‘(1) shall require the individual in charge prohibited from harvesting fish in any fish- ticipate in any fishery within the exclusive of a vessel described in subsection (b) to keep ery (except for the Pacific whiting fishery) economic zone of the United States shall be a record of equipment maintenance, and re- managed under the authority of any Re- extinguished, unless such removed vessel is quired instruction and drills; and gional Fishery Management Council (other thereafter designated to replace a vessel to ‘‘(2) shall examine at dockside a vessel de- than the North Pacific Fishery Management be removed pursuant to this paragraph. scribed in subsection (b) at least once every Council) established under section 302(a) of ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUC- 2 years, and shall issue a certificate of com- the Magnuson-Stevens Act. TION.—Nothing in this paragraph shall be pliance to a vessel meeting the requirements ‘‘(B) COVERED VESSELS.—A covered vessel construed— of this chapter.’’; and referred to in subparagraph (A) is— ‘‘(i) to make the vessels AJ (United States (4) by adding at the end the following: ‘‘(i) a vessel eligible under subsection (a), official number 905625), DONA MARTITA ‘‘(g)(1) The individual in charge of a vessel (b), or (c) that is replaced under paragraph (United States official number 651751), NOR- described in subsection (b) must pass a train- (1); or DIC EXPLORER (United States official num- ing program approved by the Secretary that

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.156 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7119 meets the requirements in paragraph (2) of nications devices, de-icing technology, and to the dimension of or type of the vessel this subsection and hold a valid certificate severe weather detection. completed after the later of July 1, 2012, or issued under that program. ‘‘(2) The Secretary shall award grants the date the Secretary establishes standards ‘‘(2) The training program shall— under this subsection on a competitive basis. for an alternate loadline compliance pro- ‘‘(A) be based on professional knowledge ‘‘(3) The Federal share of the cost of any gram, shall comply with such an alternative and skill obtained through sea service and activity carried out with a grant under this loadline compliance program that is devel- hands-on training, including training in sea- subsection shall not exceed 75 percent. oped in cooperation with the commercial manship, stability, collision prevention, ‘‘(4) There is authorized to be appropriated fishing industry and prescribed by the Sec- navigation, fire fighting and prevention, $3,000,000 for each fiscal years 2010 through retary.’’. damage control, personal survival, emer- 2014 for activities under this subsection.’’. (e) CLASSING OF VESSELS.— gency medical care, emergency drills, and (b) CONFORMING AMENDMENT.—Section (1) IN GENERAL.—Section 4503 of title 46, weather; 4506(b) of title 46, United States Code, is re- United States Code, is amended— ‘‘(B) require an individual to demonstrate pealed. (A) by striking the section heading and inability to communicate in an emergency sit- (c) ADVISORY COMMITTEE.— serting the following: (1) CHANGE OF NAME.—Section 4508 of title uation and understand information found in ‘‘§ 4503. Fishing, fish tender, and fish proc- 46, United States Code, is amended— navigation publications; essing vessel certification’’; ‘‘(C) recognize and give credit for recent (A) by striking the section heading and in- (B) in subsection (a) by striking ‘‘fish proc- past experience in fishing vessel operation; serting the following: essing’’; and and ‘‘§ 4508. Commercial Fishing Safety Advisory (C) by adding at the end the following: ‘‘(D) provide for issuance of a certificate to Committee’’; ‘‘(c) This section applies to a vessel to an individual that has successfully com- and which section 4502(b) of this title applies pleted the program. (B) in subsection (a) by striking ‘‘Industry that is at least 50 feet overall in length and ‘‘(3) The Secretary shall prescribe regula- Vessel’’. is built after July 1, 2012. tions implementing this subsection. The reg- (2) MEMBERSHIP REQUIREMENTS.—Section ‘‘(d)(1) After January 1, 2020, a fishing ves- ulations shall require that individuals who 4508(b)(1) of that title is amended— sel, fish processing vessel, or fish tender ves- are issued a certificate under paragraph (A) by striking ‘‘seventeen’’ and inserting sel to which section 4502(b) of this title ap- (2)(D) must complete refresher training at ‘‘eighteen’’; plies shall comply with an alternate safety least once every 5 years as a condition of (B) in subparagraph (A)— compliance program that is developed in co- maintaining the validity of the certificate. (i) in the matter preceding clause (i), by operation with the commercial fishing indus- ‘‘(4) The Secretary shall establish a pub- striking ‘‘from the commercial fishing industry and prescribed by the Secretary, if the licly accessible electronic database listing try who—’’ and inserting ‘‘who shall rep- vessel— the names of individuals who have partici- resent the commercial fishing industry and ‘‘(A) is at least 50 feet overall in length; pated in and received a certificate con- who—’’; and ‘‘(B) is built before July 1, 2012; and firming successful completion of a training (ii) in clause (ii), by striking ‘‘an ‘‘(C) is 25 years of age or older. program approved by the Secretary under uninspected’’ and inserting ‘‘a’’; ‘‘(2) A fishing vessel, fish processing vessel, this section. (C) by striking subparagraph (B) and in- or fish tender vessel built before July 1, 2012, ‘‘(h) A vessel to which this chapter applies serting the following: that undergoes a substantial change to the shall be constructed in a manner that pro- ‘‘(B) three members who shall represent dimension of or type of vessel completed vides a level of safety equivalent to the min- the general public, including, whenever pos- after the later of July 1, 2012, or the date the imum safety standards the Secretary may sible— Secretary establishes standards for an alter- establish for recreational vessels under sec- ‘‘(i) an independent expert or consultant in nate safety compliance program, shall com- tion 4302, if— maritime safety; ply with such an alternative safety compli- ‘‘(1) subsection (b) of this section applies to ‘‘(ii) a marine surveyor who provides serv- ance program that is developed in coopera- the vessel; ices to vessels to which this chapter applies; tion with the commercial fishing industry ‘‘(2) the vessel is less than 50 feet overall in and and prescribed by the Secretary. length; and ‘‘(iii) a person familiar with issues affect- ‘‘(3) Alternative safety compliance pro- ‘‘(3) the vessel is built after January 1, ing fishing communities and families of fish- grams may be developed for purposes of para- 2010. graph (1) for specific regions and fisheries. ‘‘(i)(1) The Secretary shall establish a Fish- ermen;’’; and ‘‘(4) Notwithstanding paragraph (1), vessels ing Safety Training Grants Program to pro- (D) in subparagraph (C)— owned by a person that owns more than 30 vide funding to municipalities, port authori- (i) in the matter preceding clause (i), by vessels subject to that paragraph are not re- ties, other appropriate public entities, not- striking ‘‘representing each of—’’ quired to meet the alternate safety compli- for-profit organizations, and other qualified and inserting ‘‘each of whom shall rep- ance requirements of that paragraph until persons that provide commercial fishing resent—’’; January 1, 2030, if that owner enters into a safety training— (ii) in clause (i), by striking ‘‘or marine compliance agreement with the Secretary ‘‘(A) to conduct fishing vessel safety train- surveyors;’’ and inserting ‘‘and marine engi- that provides for a fixed schedule for all of ing for vessel operators and crewmembers neers;’’; the vessels owned by that person to meet re- that— (iii) in clause (iii), by striking ‘‘and’’ after quirements of that paragraph by that date ‘‘(i) in the case of vessel operators, meets the semicolon at the end; and the vessel owner is meeting that sched- the requirements of subsection (g); and (iv) in clause (iv), by striking the period at the end and inserting ‘‘; and’’; and ule. ‘‘(ii) in the case of crewmembers, meets ‘‘(5) A fishing vessel, fish processing vessel, the requirements of subsection (g)(2)(A), (v) by adding at the end the following new clause: or fish tender vessel to which section 4502(b) such requirements of subsection (g)(2)(B) as of this title applies that was classed before are appropriate for crewmembers, and the re- ‘‘(v) owners of vessels to which this chapter applies.’’. July 1, 2012, shall— quirements of subsections (g)(2)(D), (g)(3), ‘‘(A) remain subject to the requirements of and (g)(4); and (3) TERMINATION.—Section 4508(e)(1) of that title is amended by striking ‘‘September 30, a classification society approved by the Sec- ‘‘(B) for purchase of safety equipment and retary; and training aids for use in those fishing vessel 2010.’’ and inserting ‘‘September 30, 2020.’’. (4) CLERICAL AMENDMENT.—The table of ‘‘(B) have on board a certificate from that safety training programs. society.’’. ‘‘(2) The Secretary shall award grants sections at the beginning of chapter 45 of (2) CLERICAL AMENDMENT.—The table of under this subsection on a competitive basis. title 46, United States Code, is amended by ‘‘(3) The Federal share of the cost of any striking the item relating to such section sections at the beginning of chapter 45 of activity carried out with a grant under this and inserting the following: title 46, United States Code, is amended by subsection shall not exceed 75 percent. ‘‘4508. Commercial Fishing Safety Advisory striking the item relating to such section ‘‘(4) There is authorized to be appropriated Committee.’’. and inserting the following: $3,000,000 for each of fiscal years 2010 through (d) LOADLINES FOR VESSELS 79 FEET OR ‘‘4503. Fishing, fish tender, and fish proc- 2014 for grants under this subsection. GREATER IN LENGTH.— essing vessel certification.’’. ‘‘(j)(1) The Secretary shall establish a Fish- (1) LIMITATION ON EXEMPTION FOR FISHING (f) ALTERNATIVE SAFETY COMPLIANCE PRO- ing Safety Research Grant Program to pro- VESSELS.—Section 5102(b)(3) of title 46, GRAM.—No later than January 1, 2017, the vide funding to individuals in academia, United States Code, is amended by inserting Secretary of the department in which the members of non-profit organizations and after ‘‘vessel’’ the following ‘‘, unless the Coast Guard is operating shall prescribe an businesses involved in fishing and maritime vessel is built after July 1, 2012’’. alternative safety compliance program re- matters, and other persons with expertise in (2) ALTERNATE PROGRAM FOR CERTAIN FISH- ferred to in section 4503(d)(1) of the title 46, fishing safety, to conduct research on meth- ING VESSELS.—Section 5103 of title 46, United United States Code, as amended by this sec- ods of improving the safety of the commer- States Code, is amended by adding at the end tion. cial fishing industry, including vessel design, the following: SEC. 605. MARINER RECORDS. emergency and survival equipment, enhance- ‘‘(c) A fishing vessel built on or before July Section 7502 of title 46, United States Code, ment of vessel monitoring systems, commu- 1, 2012, that undergoes a substantial change is amended—

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.156 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7120 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (1) by inserting ‘‘(a)’’ before ‘‘The’’; ‘‘§ 2118. Establishment of equipment stand- SEC. 611. PROTECTION AGAINST DISCRIMINA- (2) by striking ‘‘computerized records’’ and ards TION. inserting ‘‘records, including electronic ‘‘(a) In establishing standards for approved (a) IN GENERAL.—Section 2114 of title 46, records,’’; and equipment required on vessels subject to United States Code, is amended— (3) by adding at the end the following: part B of this title, the Secretary shall es- (1) in subsection (a)(1)(A), by striking ‘‘or’’ ‘‘(b) The Secretary may prescribe regula- tablish standards that are— after the semicolon; tions requiring a vessel owner or managing ‘‘(1) based on performance using the best (2) in subsection (a)(1)(B), by striking the operator of a commercial vessel, or the em- available technology that is economically period at the end and inserting a semicolon; ployer of a seaman on that vessel, to main- achievable; and (3) by adding at the end of subsection (a)(1) tain records of each individual engaged on ‘‘(2) operationally practical. the following new subparagraphs: the vessel subject to inspection under chap- ‘‘(b) Using the standards established under ‘‘(C) the seaman testified in a proceeding ter 33 on matters of engagement, discharge, subsection (a), the Secretary may also cer- brought to enforce a maritime safety law or and service for not less than 5 years after the tify lifesaving equipment that is not re- regulation prescribed under that law; date of the completion of the service of that quired to be carried on vessels subject to ‘‘(D) the seaman notified, or attempted to individual on the vessel. The regulations part B of this title to ensure that such equip- notify, the vessel owner or the Secretary of may require that a vessel owner, managing ment is suitable for its intended purpose. a work-related personal injury or work-re- operator, or employer shall make these ‘‘(c) At least once every 10 years the Sec- lated illness of a seaman; records available to the individual and the retary shall review and revise the standards ‘‘(E) the seaman cooperated with a safety Coast Guard on request. established under subsection (a) to ensure investigation by the Secretary or the Na- ‘‘(c) A person violating this section, or a that the standards meet the requirements of tional Transportation Safety Board; regulation prescribed under this section, is this section.’’. ‘‘(F) the seaman furnished information to liable to the United States Government for a (b) CLERICAL AMENDMENT.—The table of the Secretary, the National Transportation civil penalty of not more than $5,000.’’. sections at the beginning of such chapter is Safety Board, or any other public official as further amended by adding at the end the to the facts relating to any marine casualty SEC. 606. DELETION OF EXEMPTION OF LICENSE following: REQUIREMENT FOR OPERATORS OF resulting in injury or death to an individual CERTAIN TOWING VESSELS. ‘‘2117. Termination for unsafe operation. or damage to property occurring in connec- Section 8905 of title 46, United States Code, ‘‘2118. Establishment of equipment stand- tion with vessel transportation; or is amended— ards.’’. ‘‘(G) the seaman accurately reported hours (1) by striking subsection (b); and SEC. 609. APPROVAL OF SURVIVAL CRAFT. of duty under this part.’’; and (2) by redesignating subsection (c) as sub- (a) IN GENERAL.—Chapter 31 of title 46, (4) by amending subsection (b) to read as section (b). United States Code, is amended by adding at follows: the end the following new section: SEC. 607. LOG BOOKS. ‘‘(b) A seaman alleging discharge or dis- ‘‘§ 3104. Survival craft crimination in violation of subsection (a) of (a) IN GENERAL.—Chapter 113 of title 46, United States Code, is amended by adding at ‘‘(a) Except as provided in subsection (b), this section, or another person at the sea- the end the following: the Secretary may not approve a survival man’s request, may file a complaint with re- craft as a safety device for purposes of this spect to such allegation in the same manner ‘‘§ 11304. Additional logbook and entry re- part, unless the craft ensures that no part of as a complaint may be filed under subsection quirements an individual is immersed in water. (b) of section 31105 of title 49. Such com- ‘‘(a) A vessel of the United States that is ‘‘(b) The Secretary may authorize a sur- plaint shall be subject to the procedures, re- subject to inspection under section 3301 of vival craft that does not provide protection quirements, and rights described in that sec- this title, except a vessel on a voyage from a described in subsection (a) to remain in serv- tion, including with respect to the right to port in the United States to a port in Can- ice until not later than January 1, 2015, if— file an objection, the right of a person to file ada, shall have an official logbook, which ‘‘(1) it was approved by the Secretary be- for a petition for review under subsection (c) shall be kept available for review by the Sec- fore January 1, 2010; and of that section, and the requirement to bring retary on request. ‘‘(2) it is in serviceable condition.’’. a civil action under subsection (d) of that ‘‘(b) The log book required by subsection (b) CLERICAL AMENDMENT.—The table of section.’’. (a) shall include the following entries: sections at the beginning of such chapter is (b) EXISTING ACTIONS.—This section shall ‘‘(1) The time when each seaman and each amended by adding at the end the following: not affect the application of section 2114(b) officer assumed or relieved the watch. ‘‘3104. Survival craft.’’. of title 46, United States Code, as in effect ‘‘(2) The number of hours in service to the SEC. 610. SAFETY MANAGEMENT. before the date of enactment of this Act, to vessels of each seaman and each officer. (a) VESSELS TO WHICH REQUIREMENTS an action filed under that section before that ‘‘(3) An account of each accident, illness, APPLY.—Section 3202 of title 46, United date. and injury that occurs during each watch.’’. States Code, is amended— SEC. 612. OIL FUEL TANK PROTECTION. (b) CLERICAL AMENDMENT.—The table of (1) in subsection (a) by striking the head- Section 3306 of title 46, United States Code, sections at the beginning of such chapter is ing and inserting ‘‘FOREIGN VOYAGES AND is amended by adding at the end the fol- amended by adding at the end the following: FOREIGN VESSELS.—’’; lowing new subsection: ‘‘11304. Additional logbook and entry require- (2) by redesignating subsections (b) and (c) ‘‘(k)(1) Each vessel of the United States ments.’’. as subsections (c) and (d), respectively; that is constructed under a contract entered SEC. 608. SAFE OPERATIONS AND EQUIPMENT (3) by inserting after subsection (a) the fol- into after the date of enactment of the Mari- STANDARDS. lowing: time Safety Act of 2010, or that is delivered (a) IN GENERAL.—Chapter 21 of title 46, ‘‘(b) OTHER PASSENGER VESSELS.—This after January 1, 2011, with an aggregate ca- United States Code, is further amended by chapter applies to a vessel that is— pacity of 600 cubic meters or more of oil fuel, adding at the end the following new sections: ‘‘(1) a passenger vessel or small passenger shall comply with the requirements of Regu- vessel; and lation 12A under Annex I to the Protocol of ‘‘§ 2117. Termination for unsafe operation ‘‘(2) is transporting more passengers than a 1978 relating to the International Convention ‘‘An individual authorized to enforce this number prescribed by the Secretary based on for the Prevention of Pollution from Ships, title— the number of individuals on the vessel that 1973, entitled ‘Oil Fuel Tank Protection’. ‘‘(1) may remove a certificate required by could be killed or injured in a marine cas- ‘‘(2) The Secretary may prescribe regula- this title from a vessel that is operating in a ualty.’’; tions to apply the requirements described in condition that does not comply with the pro- (4) in subsection (d), as so redesignated, by Regulation 12A to vessels described in para- visions of the certificate; striking ‘‘subsection (b)’’ and inserting ‘‘sub- graph (1) that are not otherwise subject to ‘‘(2) may order the individual in charge of section (c)’’; and that convention. Any such regulation shall a vessel that is operating that does not have (5) in subsection (d)(4), as so redesignated, be considered to be an interpretive rule for on board the certificate required by this title by inserting ‘‘that is not described in sub- the purposes of section 553 of title 5. to return the vessel to a mooring and to re- section (b) of this section’’ after ‘‘waters’’. ‘‘(3) In this subsection the term ‘oil fuel’ main there until the vessel is in compliance (b) SAFETY MANAGEMENT SYSTEM.—Section means any oil used as fuel in connection with this title; and 3203 of title 46, United States Code, is amend- with the propulsion and auxiliary machinery ‘‘(3) may direct the individual in charge of ed by adding at the end the following new of the vessel in which such oil is carried.’’. a vessel to which this title applies to imme- subsection: SEC. 613. OATHS. diately take reasonable steps necessary for ‘‘(c) In prescribing regulations for pas- Section 7105 of title 46, United States Code, the safety of individuals on board the vessel senger vessels and small passenger vessels, is amended by striking ‘‘before a designated if the official observes the vessel being oper- the Secretary shall consider— official’’. ated in an unsafe condition that the official ‘‘(1) the characteristics, methods of oper- SEC. 614. DURATION OF LICENSES, CERTIFI- believes creates an especially hazardous con- ation, and nature of the service of these ves- CATES OF REGISTRY, AND MER- dition, including ordering the individual in sels; and CHANT MARINERS’ DOCUMENTS. charge to return the vessel to a mooring and ‘‘(2) with respect to vessels that are ferries, (a) MERCHANT MARINER’S DOCUMENTS.— to remain there until the situation creating the sizes of the ferry systems within which Section 7302(f) of title 46, United States the hazard is corrected or ended. the vessels operate.’’. Code, is amended to read as follows:

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‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF the exclusive purpose of aligning the expira- under section 14302 of such title as prescribed MERCHANT MARINERS’ DOCUMENTS.— tion date of such license or certificate of reg- by the Secretary under section 14104 of such ‘‘(1) IN GENERAL.—Except as provided in istry with the expiration date of a merchant title.’’. subsection (g), a merchant mariner’s docu- mariner’s document. (2) APPLICATION.—Section 3702(b) of title 46, ment issued under this chapter is valid for a ‘‘(b) MERCHANT MARINER DOCUMENTS.—Not- United States Code, is amended by striking 5-year period and may be renewed for addi- withstanding section 7302(g), the Secretary paragraph (1) and redesignating paragraphs tional 5-year periods. may— (2) and (3) as paragraphs (1) and (2), respec- ‘‘(2) ADVANCE RENEWALS.—A renewed mer- ‘‘(1) extend for not more than one year an tively. chant mariner’s document may be issued expiring merchant mariner’s document (b) SCALE OF EMPLOYMENT: ABLE SEAMEN.— under this chapter up to 8 months in advance issued for an individual under chapter 73 if Section 7312(d) of title 46, United States but is not effective until the date that the the Secretary determines that the extension Code, is amended to read as follows: previously issued merchant mariner’s docu- is required to enable the Coast Guard to ‘‘(d) INDIVIDUALS QUALIFIED AS ABLE SEA- ment expires or until the completion of any eliminate a backlog in processing applica- MEN.—Offshore supply vessel under section active suspension or revocation of that pre- tions for those licenses or certificates of reg- 7310 of this title may constitute all of the viously issued merchant mariner’s docu- istry or in response to a national emergency able seamen required on board a vessel of ment, whichever is later.’’. or natural disaster, as deemed necessary by less than 500 gross tons as measured under (b) DURATION OF LICENSES.—Section 7106 of the Secretary; or section 14502 of this title or 6,000 gross tons such title is amended to read as follows: ‘‘(2) issue for not more than five years an as measured under section 14302 of this title engaged in support of exploration, exploi- ‘‘§ 7106. Duration of licenses expiring merchant mariner’s document issued for an individual under chapter 73 for tation, or production of offshore mineral or ‘‘(a) IN GENERAL.—A license issued under the exclusive purpose of aligning the expira- energy resources. Individuals qualified as this part is valid for a 5-year period and may tion date of such merchant mariner’s docu- able seamen—limited under section 7308 of be renewed for additional 5-year periods; ex- ment with the expiration date of a merchant this title may constitute all of the able sea- cept that the validity of a license issued to mariner’s document. men required on board a vessel of at least 500 a radio officer is conditioned on the contin- ‘‘(c) MANNER OF EXTENSION.—Any exten- gross tons as measured under section 14502 of uous possession by the holder of a first-class sions granted under this section may be this title or 6,000 gross tons as measured or second-class radiotelegraph operator li- granted to individual seamen or a specifi- under section as measured under section cense issued by the Federal Communications cally identified group of seamen.’’. 14302 of this title as prescribed by the Sec- Commission. (b) CLERICAL AMENDMENT.—The analysis retary under section 14104 of this title en- ‘‘(b) ADVANCE RENEWALS.—A renewed li- for such chapter is amended by adding at the gaged in support of exploration, exploi- cense issued under this part may be issued end the following: tation, or production of offshore mineral or up to 8 months in advance but is not effec- energy resources.’’. tive until the date that the previously issued ‘‘7507. Authority to extend the duration of licenses, certificates of registry, (c) MINIMUM NUMBER OF LICENSED INDIVID- license expires or until the completion of UALS.—Section 8301(b) of title 46, United any active suspension or revocation of that and merchant mariner documents.’’. States Code, is amended to read as follows: previously issued merchant mariner’s docu- ‘‘(b)(1) An offshore supply vessel of less ment, whichever is later.’’. SEC. 616. MERCHANT MARINER ASSISTANCE RE- PORT. than 500 gross tons as measured under sec- (c) CERTIFICATES OF REGISTRY.—Section Not later than 180 days after the date of tion 14502 of this title or 6,000 gross tons as 7107 of such title is amended to read as fol- measured under section 14302 of this title on lows: enactment of this Act, the Commandant of the Coast Guard shall submit to the Com- a voyage of less than 600 miles shall have a ‘‘§ 7107. Duration of certificates of registry mittee on Transportation and Infrastructure licensed mate. If the vessel is on a voyage of ‘‘(a) IN GENERAL.—A certificate of registry of the House of Representatives and the at least 600 miles, however, the vessel shall issued under this part is valid for a 5-year pe- Committee on Commerce, Science, and have 2 licensed mates. ‘‘(2) An offshore supply vessel of at least riod and may be renewed for additional 5- Transportation of the Senate a report re- 6,000 gross tons as measured under section year periods; except that the validity of a garding the feasibility of— 14302 of this title on a voyage of less than 600 certificate issued to a medical doctor or pro- (1) expanding the streamlined evaluation miles shall have at least two licensed mates, fessional nurse is conditioned on the contin- process program that was affiliated with the provided the offshore supply vessel meets the uous possession by the holder of a license as Houston Regional Examination Center of the requirements of section 8104(g)(2). An off- a medical doctor or registered nurse, respec- Coast Guard to all processing centers of the shore supply vessel of at least 6,000 gross tively, issued by a State. Coast Guard nationwide; tons as measured under section 14302 of this ‘‘(b) ADVANCE RENEWALS.—A renewed cer- (2) including proposals to simplify the ap- title on a voyage of at least 600 miles shall tificate of registry issued under this part plication process for a license as an officer, may be issued up to 8 months in advance but have three licensed mates. staff officer, or operator and for a merchant ‘‘(3) An offshore supply vessel of more than is not effective until the date that the pre- mariner’s document to help eliminate errors viously issued certificate of registry expires 200 gross tons as measured under section by merchant mariners when completing the 14502 of this title, or an alternate tonnage or until the completion of any active suspen- application form (CG–719B), including in- sion or revocation of that previously issued measured under section 14302 of this title as structions attached to the application form prescribed by the Secretary under section merchant mariner’s document, whichever is and a modified application form for renewals later.’’. 14104 of this title, may not be operated with- with questions pertaining only to the period out a licensed engineer.’’. SEC. 615. AUTHORIZATION TO EXTEND THE DU- of time since the previous application; (d) WATCHES.—Section 8104(g) of title 46, RATION OF LICENSES, CERTIFI- (3) providing notice to an applicant of the United States Code, is amended— CATES OF REGISTRY, AND MER- status of the pending application, including (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and CHANT MARINERS’ DOCUMENTS. a process to allow the applicant to check on (a) MERCHANT MARINER LICENSES AND DOC- (2) by adding at the end the following: the status of the application by electronic ‘‘(2) Paragraph (1) applies to an offshore UMENTS.—Chapter 75 of title 46, United means; and supply vessel of at least 6,000 gross tons as States Code, is amended by adding at the end (4) ensuring that all information collected the following: measured under section 14302 of this title if with respect to applications for new or re- the individuals engaged on the vessel are in ‘‘§ 7507. Authority to extend the duration of li- newed licenses, merchant mariner docu- compliance with hours of service require- censes, certificates of registry, and mer- ments, and certificates of registry is re- ments (including recording and record- chant mariner documents tained in a secure electronic format. keeping of that service) as prescribed by the ‘‘(a) LICENSES AND CERTIFICATES OF REG- SEC. 617. OFFSHORE SUPPLY VESSELS. Secretary.’’. ISTRY.—Notwithstanding sections 7106 and (a) REMOVAL OF TONNAGE LIMITS.— (e) OIL FUEL TANK PROTECTION.— 7107, the Secretary of the department in (1) DEFINITION.— (1) APPLICATION.—An offshore supply vessel which the Coast Guard is operating may— (A) IN GENERAL.—Section 2101(19) of title of at least 6,000 gross tons as measured under ‘‘(1) extend for not more than one year an 46, United States Code, is amended by strik- section 14302 of title 46, United States Code, expiring license or certificate of registry ing ‘‘of more than 15 gross tons but less than that is constructed under a contract entered issued for an individual under chapter 73 if 500 gross tons as measured under section into after the date of enactment of this Act, the Secretary determines that the extension 14502 of this title, or an alternate tonnage or that is delivered after August 1, 2010, with is required to enable the Coast Guard to measured under section 14302 of this title as an aggregate capacity of 600 cubic meters or eliminate a backlog in processing applica- prescribed by the Secretary under section more of oil fuel, shall comply with the re- tions for those licenses or certificates of reg- 14104 of this title’’. quirements of Regulation 12A under Annex I istry or in response to a national emergency (B) EXEMPTION.—Section 5209(b)(1) of the to the Protocol of 1978 relating to the Inter- or natural disaster, as deemed necessary by Oceans Act of 1992 (Public Law 102–587; 46 national Convention for the Prevention of the Secretary; or U.S.C. 2101 note) is amended by striking Pollution from Ships, 1973, entitled Oil Fuel ‘‘(2) issue for not more than five years an ‘‘vessel.’’ and inserting ‘‘vessel of less than Tank Protection, regardless of whether such expiring license or certificate of registry 500 gross tons as measured under section vessel is engaged in the coastwise trade or on issued for an individual under chapter 73 for 14502, or an alternate tonnage measured an international voyage.

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(2) DEFINITION.—In this subsection the SEC. 618. ASSOCIATED EQUIPMENT. States Code, is amended by striking ‘‘Sep- term ‘‘oil fuel’’ means any oil used as fuel in Section 2101(1)(B) of title 46, United States tember 30, 2010.’’ and inserting ‘‘September connection with the propulsion and auxiliary Code, is amended by inserting ‘‘with the ex- 30, 2020.’’. machinery of the vessel in which such oil is ception of emergency locator beacons for (b) NATIONAL BOATING SAFETY ADVISORY carried. recreational vessels operating beyond 3 nau- COUNCIL.—Section 13110 of title 46, United tical miles from the baselines from which States Code, is amended— (f) REGULATIONS.— the territorial sea of the United States is (1) in subsection (d), by striking the first (1) IN GENERAL.—Not later than January 1, measured or beyond 3 nautical miles from sentence; and 2012, the Secretary of the department in the coastline of the Great Lake,’’ before (2) in subsection (e), by striking ‘‘Sep- which the Coast Guard is operating shall ‘‘does’’. tember 30, 2010.’’ and inserting ‘‘September promulgate regulations to implement the 30, 2020.’’. amendments and authorities enacted by this SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS. (c) HOUSTON-GALVESTON NAVIGATION SAFE- section for offshore supply vessels of at least Section 4102(b) of title 46, United States TY ADVISORY COMMITTEE.—Section 18(h) of 6,000 gross tons as measured under section Code, is amended to read as follows: the Coast Guard Authorization Act of 1991 14302 of title 46, United States Code, and to ‘‘(b) The Secretary shall prescribe regula- (Public Law 102–241 as amended by Public ensure the safe carriage of oil, hazardous tions requiring the installation, mainte- Law 104–324) is amended by striking ‘‘Sep- substances, and individuals in addition to nance, and use of life preservers and other tember 30, 2010.’’ and inserting ‘‘September the crew on such vessels. The final rule lifesaving devices for individuals on board 30, 2020.’’. issued pursuant to such rulemaking may su- uninspected vessels.’’. (d) LOWER MISSISSIPPI RIVER WATERWAY persede the interim final rule promulgated SEC. 620. STUDY OF BLENDED FUELS IN MARINE SAFETY ADVISORY COMMITTEE.—Section 19 of under paragraph (2) of this subsection. In APPLICATION. the Coast Guard Authorization Act of 1991 promulgating regulations under this sub- (a) SURVEY.— (Public Law 102–241) is amended— section, the Secretary shall take into consid- (1) IN GENERAL.—Not later than 180 days (1) in subsection (b)— eration the characteristics of offshore supply after the date of enactment of this Act, the (A) in the matter preceding paragraph (1), vessels, their methods of operation, and their Secretary of Homeland Security, acting by striking ‘‘twenty-four’’ and inserting service in support of exploration, exploi- through the Commandant of the Coast ‘‘twenty-five’’; and tation, or production of offshore mineral or Guard, shall submit a survey of published (B) by adding at the end the following new energy resources. data and reports, pertaining to the use, safe- paragraph: (2) INTERIM FINAL RULE AUTHORITY.—As ty, and performance of blended fuels in ma- ‘‘(12) One member representing the Associ- soon as is practicable and without regard to rine applications, to the Committee on ated Federal Pilots and Docking Masters of the provisions of chapters 5 and 6 of title 5, Transportation and Infrastructure of the Louisiana.’’; and United States Code, the Secretary shall issue House of Representatives and the Commit- (2) in subsection (g), by striking ‘‘Sep- an interim final rule as a temporary regula- tees on Commerce, Science, and Transpor- tember 30, 2010.’’ and inserting ‘‘September tion implementing this section (including tation of the Senate. 30, 2020.’’. (e) TOWING SAFETY ADVISORY COMMITTEE.— the amendments made by this section) for (2) INCLUDED INFORMATION.—To the extent offshore supply vessels of at least 6,000 gross possible, the survey required in subsection The Act entitled ‘‘An Act To establish a Towing Safety Advisory Committee in the tons as measured under section 14302 of title (a), shall include data and reports on— Department of Transportation’’, approved 46, United States Code, and to ensure the (A) the impact of blended fuel on the oper- October 6, 1980, (33 U.S.C. 1231a) is amended— safe carriage of oil, hazardous substances, ation, durability, and performance of rec- (1) by striking subsection (a) and inserting and individuals in addition to the crew on reational and commercial marine engines, such vessels. the following: vessels, and marine engine and vessel compo- ‘‘(a) There is established a Towing Safety (3) INTERIM PERIOD.—After the effective nents and associated equipment; date of this Act, prior to the effective date of Advisory Committee (hereinafter referred to (B) the safety impacts of blended fuels on as the ‘Committee’). The Committee shall the regulations prescribed by paragraph (2) consumers that own and operate recreational consist of eighteen members with particular of this subsection, and without regard to the and commercial marine engines and marine expertise, knowledge, and experience regard- provisions of chapters 5 and 6 of title 5, engine components and associated equip- ing shallow-draft inland and coastal water- United States Code, and the offshore supply ment; and way navigation and towing safety as follows: vessel tonnage limits of applicable regula- (C) to the extent available, fires and explo- ‘‘(1) Seven members representing the barge tions and policy guidance promulgated prior sions on board vessels propelled by engines and towing industry, reflecting a regional to the date of enactment of this Act, the using blended fuels. geographic balance. Secretary of the department in which the (b) STUDY.— ‘‘(2) One member representing the offshore Coast Guard is operating may— (1) IN GENERAL.—Not later than 36 months mineral and oil supply vessel industry. (A) issue a certificate of inspection under after the date of enactment of this Act, the ‘‘(3) One member representing holders of section 3309 of title 46, United States Code, Secretary, acting through the Commandant, active licensed Masters or Pilots of towing to an offshore supply vessel of at least 6,000 shall conduct a comprehensive study on the vessels with experience on the Western Riv- gross tons as measured under section 14302 of use, safety, and performance of blended fuels ers and the Gulf Intracoastal Waterway. that title if the Secretary determines that in marine applications. The Secretary is au- ‘‘(4) One member representing the holders such vessel’s arrangements and equipment thorized to conduct such study in conjunc- of active licensed Masters of towing vessels meet the current Coast Guard requirements tion with— in offshore service. for certification as a cargo and miscella- (A) any other Federal agency; ‘‘(5) One member representing Masters who neous vessel; (B) any State government or agency; are active ship-docking or harbor towing ves- (B) authorize a master, mate, or engineer (C) any local government or agency, in- sel. who possesses an ocean or near coastal li- cluding local police and fire departments; ‘‘(6) One member representing licensed or cense and endorsement under part 11 of sub- and unlicensed towing vessel engineers with for- chapter B of title 46, Code of Federal Regula- (D) any private entity, including engine mal training and experience. tions, (or any successor regulation) that and vessel manufacturers. ‘‘(7) Two members representing each of the qualifies the licensed officer for service on (2) EVALUATION.—The study shall include following groups: offshore supply vessels of at least 3,000 gross an evaluation of— ‘‘(A) Port districts, authorities, or ter- tons but less than 6,000 gross tons, as meas- (A) the impact of blended fuel on the oper- minal operators. ured under section 14302 of title 46, United ation, durability and performance of rec- ‘‘(B) Shippers (of whom at least one shall States Code, to operate offshore supply ves- reational and commercial marine engines, be engaged in the shipment of oil or haz- sels of at least 6,000 gross tons, as measured vessels, and marine engine and vessel compo- ardous materials by barge). under such section; and nents and associated equipment; ‘‘(8) Two members representing the general (C) authorize any such master, mate, or en- (B) the safety impacts of blended fuels on public.’’; and gineer who also possesses an ocean or near consumers that own and operate recreational (2) in subsection (e), by striking ‘‘Sep- coastal license and endorsement under such and commercial marine engines and marine tember 30, 2010.’’ and inserting ‘‘September part that qualifies the licensed officer for engine components and associated equip- 30, 2020.’’. service on non trade-restricted vessels of at ment; and (f) NAVIGATION SAFETY ADVISORY COUN- least 1,600 gross tons but less than 3,000 gross (C) fires and explosions on board vessels CIL.—Section 5 of the Inland Navigational tons, as measured under such section, to in- propelled by engines using blended fuels. Rules Act of 1980 (33 U.S.C. 2073) is amend- crease the tonnage limitation of such license (c) AUTHORIZATION OF APPROPRIATIONS.— ed— and endorsement under section 402(c) of such There is authorized to be appropriated to the (1) by striking subsections (a) and (b) and part, using service on vessels certificated Secretary of Homeland Security to carry out inserting the following: under both subchapters I and L of such title the survey and study under this section ‘‘(a) ESTABLISHMENT OF COUNCIL.— and measured only under such section, ex- $1,000,000. ‘‘(1) IN GENERAL.—The Secretary of the de- cept that such tonnage limitation shall not SEC. 621. RENEWAL OF ADVISORY COMMITTEES. partment in which the Coast Guard is oper- exceed 10,000 gross tons as measured under (a) GREAT LAKES PILOTAGE ADVISORY COM- ating shall establish a Navigation Safety Ad- such section. MITTEE.—Section 9307(f)(1) of title 46, United visory Council (hereinafter referred to as the

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Upon ap- 2006 (Public Law 109-241; 120 Stat. 557), but (b) REVIEW AND APPROVAL OF CLASSIFICA- pointment, all non-Federal members shall be not later than December 31, 2010, whichever TION SOCIETY REQUIRED.—Section 3316(c) of designated as representative members to is earlier. title 46, United States Code, is amended by represent the viewpoints and interests of one SEC. 622. DELEGATION OF AUTHORITY. striking so much as precedes paragraph (2) of the following groups or organizations: (a) IN GENERAL.—Section 3316 of title 46, and inserting the following: ‘‘(A) Commercial vessel owners or opera- United States Code, is amended by adding at ‘‘(c)(1) A classification society (including tors. the end the following new subsection: an employee or agent of that society) may ‘‘(B) Professional mariners. ‘‘(d)(1) The Secretary may delegate to the not review, examine, survey, or certify the ‘‘(C) Recreational boaters. American Bureau of Shipping or another construction, repair, or alteration of a vessel ‘‘(D) The recreational boating industry. classification society recognized by the Sec- in the United States unless the society has ‘‘(E) State agencies responsible for vessel retary as meeting acceptable standards for applied for approval under this subsection or port safety. such a society, for a United States offshore and the Secretary has reviewed and approved ‘‘(F) The Maritime Law Association. facility, the authority to— that society with respect to the conduct of ‘‘(2) PANELS.—Additional persons may be ‘‘(A) review and approve plans required for that society under paragraph (2).’’. appointed to panels of the Council to assist issuing a certificate of inspection, a certifi- TITLE VII—OIL POLLUTION PREVENTION the Council in performance of its functions. cate of compliance, or any other certifi- SEC. 701. RULEMAKINGS. ‘‘(3) NOMINATIONS.—The Secretary, through cation and related documents issued by the (a) STATUS REPORT.— the Coast Guard Commandant, shall not less Coast Guard pursuant to regulations issued (1) IN GENERAL.—Not later than 90 days often than once a year publish a notice in under section 30 of the Outer Continental after the date of enactment of this Act, the the Federal Register soliciting nominations Shelf Lands Act (43 U.S.C. 1356); and Secretary of the department in which the for membership on the Council. ‘‘(B) conduct inspections and examina- Coast Guard is operating shall provide a re- ‘‘(b) FUNCTIONS.—The Council shall advise, tions. port to the Senate Committee on Commerce, consult with, and make recommendations to ‘‘(2) The Secretary may make a delegation Science, and Transportation and the House the Secretary, through the Coast Guard under paragraph (1) to a foreign classifica- of Representatives Committee on Transpor- Commandant, on matters relating to mari- tion society only if— tation and Infrastructure on the status of all time collisions, rammings, groundings, In- ‘‘(A) the foreign society has offices and Coast Guard rulemakings required or other- land Rules of the Road, International Rules maintains records in the United States; and of the Road, navigation regulations and wise being developed (but for which no final ‘‘(B)(i) the government of the foreign coun- equipment, routing measures, marine infor- rule has been issued as of the date of enact- try in which the foreign society is mation, diving safety, and aids to navigation ment of this Act) under section 311 of the systems. Any advice and recommendations headquartered delegates that authority to Federal Water Pollution Control Act (33 made by the Council to the Secretary shall the American Bureau of Shipping; or U.S.C. 1321). reflect the independent judgment of the ‘‘(ii) the Secretary has entered into an (2) INFORMATION REQUIRED.—The Secretary Council on the matter concerned. The Coun- agreement with the government of the for- shall include in the report required in para- cil shall meet at the call of the Coast Guard eign country in which the foreign society is graph (1)— Commandant, but in any event not less than headquartered that— (A) a detailed explanation with respect to twice during each calendar year. All pro- ‘‘(I) ensures the government of the foreign each such rulemaking as to— ceedings of the Council shall be public, and a country will accept plan review, inspections, (i) what steps have been completed; record of the proceedings shall be made or examinations conducted by the American (ii) what areas remain to be addressed; and available for public inspection.’’; and Bureau of Shipping and provide equivalent (iii) the cause of any delays; and (2) in subsection (d), by striking ‘‘Sep- access to inspect, certify, and provide re- (B) the date by which a final rule may rea- tember 30, 2010.’’ and inserting ‘‘September lated services to offshore facilities located in sonably be expected to be issued. 30, 2020.’’. that country or operating under the author- (b) FINAL RULES.—The Secretary shall (g) DELAWARE RIVER AND BAY OIL SPILL ity of that country; and issue a final rule in each pending rulemaking ADVISORY COMMITTEE.— ‘‘(II) is in full accord with principles of rec- described in subsection (a) as soon as prac- (1) IN GENERAL.—Section 607 of the Coast iprocity in regards to any delegation con- ticable, but in no event later than 18 months Guard and Maritime Transportation Act of templated by the Secretary under paragraph after the date of enactment of this Act. 2006 (Public Law 109–241; 120 Stat. 556) is (1). (c) TOWING VESSELS.—No later than 90 days amended— ‘‘(3) If an inspection or examination is con- after the date of enactment of this Act, the (A) in subsection (c)(2), by striking ‘‘Not ducted under authority delegated under this Secretary shall issue a notice of proposed later than 18 months after the date that the subsection, the person to which the author- rulemaking regarding inspection require- Commandant completes appointment of the ity was delegated— ments for towing vessels required under sec- members of the Committee,’’ and inserting ‘‘(A) shall maintain in the United States tion 3306(j) of title 46, United States Code. ‘‘Not later than December 31, 2010,’’; complete files of all information derived The Secretary shall issue a final rule pursu- (B) in subsection (h), by striking ‘‘2007’’ from or necessarily connected with the in- ant to that rulemaking no later than one and inserting ‘‘2011’’; and spection or examination for at least 2 years year after the date of enactment of this Act. (C) by striking subsection (i) and inserting after the United States offshore facility SEC. 702. OIL TRANSFERS FROM VESSELS. the following: ceases to be certified; and (a) REGULATIONS.—Within 1 year after the ‘‘(i) TERMINATION.—The Committee shall ‘‘(B) shall permit access to those files at date of enactment of this Act, the Secretary terminate 30 days after it transmits its re- all reasonable times to any officer, em- shall promulgate regulations to reduce the port, pursuant to subsection (c)(2), but no ployee, or member of the Coast Guard des- risks of oil spills in operations involving the later than December 31, 2010, whichever is ignated— transfer of oil from or to a tank vessel. The earlier.’’. ‘‘(i) as a marine inspector and serving in a regulations— (2) EFFECTIVE DATE.—The amendments position as a marine inspector; or (1) shall focus on operations that have the made by this subsection are deemed to have ‘‘(ii) in writing by the Secretary to have highest risks of discharge, including oper- taken effect as if they were enacted on July access to those files. ations at night and in inclement weather; 11, 2006. ‘‘(4) For purposes of this subsection— (2) shall consider— (3) CHARTER.—Any charter pertaining to ‘‘(A) the term ‘offshore facility’ means any (A) requirements for the use of equipment, the Delaware River and Bay Oil Spill Advi- installation, structure, or other device (in- such as putting booms in place for transfers, sory Committee is deemed not to have cluding any vessel not documented under safety, and environmental impacts; lapsed, and to have remained in effect, and, chapter 121 of this title or the laws of an- (B) operational procedures such as man- notwithstanding any other provision of law other country), fixed or floating, that dy- ning standards, communications protocols, or policy, shall terminate 30 days after the namically holds position or is temporarily or and restrictions on operations in high-risk date the Committee transmits its report, permanently attached to the seabed or sub- areas; or pursuant to section 607(c)(2) of the Coast soil under the sea; and (C) both such requirements and operational Guard and Maritime Transportation Act of ‘‘(B) the term ‘United States offshore facil- procedures; and 2006 (Public Law 109-241; 120 Stat. 557), but ity’ means any offshore facility, fixed or (3) shall take into account the safety of not later than December 31, 2010, whichever floating, that dynamically holds position or personnel and effectiveness of available pro- is earlier. is temporarily or permanently attached to cedures and equipment for preventing or (4) APPOINTMENTS TO COMMITTEE.—Any ap- the seabed or subsoil under the territorial mitigating transfer spills. pointment to the Delaware River and Bay sea of the United States or the outer Conti- (b) APPLICATION WITH STATE LAWS.—The Oil Spill Advisory Committee is deemed not nental Shelf (as that term is defined in sec- regulations promulgated under subsection to have lapsed, and to have remained in ef- tion 2 of the Outer Continental Shelf Lands (a) do not preclude the enforcement of any

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State law or regulation the requirements of (e) RESTRICTION ON USE OF DATA.—Data nizes and protects to the maximum extent which are at least as stringent as require- that is voluntarily submitted for the purpose practicable tribal treaty rights and trust as- ments under the regulations (as determined of the study required under subsection (a) sets in order to improve the Coast Guard’s by the Secretary) that— shall not be used in an administrative action consultation and coordination with the trib- (1) applies in State waters; and under chapter 77 of title 46, United States al governments of federally recognized In- (2) does not conflict with, or interfere with Code. dian tribes with respect to oil spill preven- the enforcement of, requirements and oper- SEC. 704. OLYMPIC COAST NATIONAL MARINE tion, preparedness, response and natural reational procedures under the regulations. SANCTUARY. source damage assessment. SEC. 703. IMPROVEMENTS TO REDUCE HUMAN The Secretary of the Department in which (b) INCLUSION OF TRIBAL GOVERNMENT.— ERROR AND NEAR MISS INCIDENTS. the Coast Guard is operating and the Under The Secretary of the Department in which (a) REPORT.—Within 1 year after the date Secretary of Commerce for Oceans and At- the Coast Guard is operating shall ensure of enactment of this Act, the Secretary shall mosphere shall revise the area to be avoided that, as soon as practicable after identifying transmit a report to the Senate Committee off the coast of the State of Washington so an oil spill that is likely to have a signifi- on Commerce, Science, and Transportation that restrictions apply to all vessels required cant impact on natural or cultural resources and the House Committee on Transportation to prepare a response plan pursuant to sec- owned or directly utilized by a federally rec- and Infrastructure that, using available tion 311(j) of the Federal Water Pollution ognized Indian tribe, the Coast Guard will— data— Control Act (33 U.S.C. 1321(j)) (other than (1) ensure that representatives of the tribal (1) identifies the types of human errors fishing or research vessels while engaged in government of the affected tribes are in- that, combined, could cause oil spills, with fishing or research within the area to be cluded as part of the incident command sys- particular attention to human error caused avoided). tem established by the Coast Guard to re- by fatigue, in the past 10 years; spond to the spill; SEC. 705. PREVENTION OF SMALL OIL SPILLS. (2) in consultation with representatives of (2) share information about the oil spill (a) PREVENTION AND EDUCATION PROGRAM.— industry and labor and experts in the fields with the tribal government of the affected The Under Secretary of Commerce for of marine casualties and human factors, tribe; and Oceans and Atmosphere, in consultation identifies the most frequent types of near- (3) to the extent practicable, involve tribal with the Secretary of the Department in miss oil spill incidents involving vessels such governments in deciding how to respond to which the Coast Guard is operating and as collisions, allisions, groundings, and loss the spill. other appropriate agencies, shall establish of propulsion in the past 10 years; (c) COOPERATIVE ARRANGEMENTS.—The an oil spill prevention and education pro- (3) describes the extent to which there are Coast Guard may enter into memoranda of gram for small vessels. The program shall gaps in the data required under paragraphs agreement and associated protocols with In- provide for assessment, outreach, and train- (1) and (2), including gaps in the ability to dian tribal governments in order to establish ing and voluntary compliance activities to define and identify fatigue, and explains the cooperative arrangements for oil pollution prevent and improve the effective response reason for those gaps; and prevention, preparedness, and response. Such to oil spills from vessels and facilities not re- (4) includes recommendations by the Sec- memoranda may be entered into prior to the quired to prepare a vessel response plan retary and representatives of industry and development of the tribal consultation and under the Federal Water Pollution Control labor and experts in the fields of marine cas- coordination policy to provide Indian tribes Act (33 U.S.C. 1251 et seq.), including rec- ualties and human factors to address the grant and contract assistance. Such memo- reational vessels, commercial fishing vessels, identified types of errors and any such gaps randa of agreement and associated protocols marinas, and aquaculture facilities. The in the data. with Indian tribal governments may in- Under Secretary may provide grants to sea (b) MEASURES.—Based on the findings conclude— tained in the report required by subsection grant colleges and institutes designated (1) arrangements for the assistance of the (a), the Secretary shall take appropriate ac- under section 207 of the National Sea Grant tribal government to participate in the de- tion to reduce the risk of oil spills caused by College Program Act (33 U.S.C. 1126) and to velopment of the National Contingency Plan human error. State agencies, tribal governments, and and local Area Contingency Plans to the ex- (c) CONFIDENTIALITY OF VOLUNTARILY SUB- other appropriate entities to carry out— tent they affect tribal lands, cultural and MITTED INFORMATION.—The identity of a per- (1) regional assessments to quantify the natural resources; son making a voluntary disclosure under source, incidence and volume of small oil (2) arrangements for the assistance of the this section, and any information obtained spills, focusing initially on regions in the tribal government to develop the capacity to from any such voluntary disclosure, shall be country where, in the past 10 years, the inci- implement the National Contingency Plan treated as confidential. dence of such spills is estimated to be the and local Area Contingency Plans to the ex- (d) DISCOVERY OF VOLUNTARILY SUBMITTED highest; tent they affect tribal lands, cultural and INFORMATION.— (2) voluntary, incentive-based clean ma- natural resources; (1) IN GENERAL.—Except as provided in this rina programs that encourage marina opera- (3) provisions on coordination in the event subsection, a party in a judicial proceeding tors, recreational boaters, and small com- of a spill, including agreements that rep- may not use discovery to obtain information mercial vessel operators to engage in envi- resentatives of the tribal government will be or data collected or received by the Sec- ronmentally sound operating and mainte- included as part of the regional response retary for use in the report required in sub- nance procedures and best management prac- team co-chaired by the Coast Guard and the section (a). tices to prevent or reduce pollution from oil Environmental Protection Agency to estab- (2) EXCEPTION.— spills and other sources; lish policies for responding to oil spills; (A) Notwithstanding paragraph (1), a court (3) cooperative oil spill prevention edu- (4) arrangements for the Coast Guard to may allow discovery by a party in a judicial cation programs that promote public under- provide training of tribal incident com- proceeding of data described in paragraph (1) standing of the impacts of spilled oil and manders and spill responders for oil spill pre- if, after an in camera review of the informa- provide useful information and techniques to paredness and response; tion or data, the court decides that there is minimize pollution, including methods to re- (5) demonstration projects to assist tribal a compelling reason to allow the discovery. move oil and reduce oil contamination of governments in building the capacity to pro- (B) When a court allows discovery in a ju- bilge water, prevent accidental spills during tect tribal treaty rights and trust assets dicial proceeding as permitted under this maintenance and refueling and properly from oil spills; and paragraph, the court shall issue a protective cleanup and dispose of oil and hazardous sub- (6) such additional measures the Coast order— stances; and Guard determines to be necessary for oil pol- (i) to limit the use of the data to the judi- (4) support for programs, including out- lution prevention, preparedness, and re- cial proceeding; and reach and education to address derelict ves- sponse. (ii) to prohibit dissemination of the data to sels and the threat of such vessels sinking (d) FUNDING FOR TRIBAL PARTICIPATION.— any person who does not need access to the and discharging oil and other hazardous sub- Subject to the availability of appropriations, data for the proceeding. stances, including outreach and education to the Commandant of the Coast Guard shall (C) A court may allow data it has decided involve efforts to the owners of such vessels. provide assistance to participating tribal is discoverable under this paragraph to be (b) AUTHORIZATION OF APPROPRIATIONS.— governments in order to facilitate the imple- admitted into evidence in a judicial pro- There are authorized to be appropriated to mentation of cooperative arrangements ceeding only if the court places the data the Under Secretary of Commerce for Oceans under subsection (c) and ensure the partici- under seal to prevent the use of the data for and Atmosphere to carry out this section, pation of tribal governments in such ar- a purpose other than for the proceeding. $10,000,000 for each of fiscal years 2010 rangements. There are authorized to be ap- (3) APPLICATION.—Paragraph (1) shall not through 2014. propriated to the Commandant $500,000 for apply to— SEC. 706. IMPROVED COORDINATION WITH TRIB- each of fiscal years 2010 through 2014 to be (A) any disclosure made with actual AL GOVERNMENTS. used to carry out this section. knowledge that the disclosure was false, in- (a) IN GENERAL.—Within 6 months after the SEC. 707. REPORT ON AVAILABILITY OF TECH- accurate, or misleading; or date of enactment of this Act, the Secretary NOLOGY TO DETECT THE LOSS OF (B) any disclosure made with reckless dis- of the Department in which the Coast Guard OIL. regard as to the truth or falsity of that dis- is operating shall complete the development Within 1 year after the date of enactment closure. of a tribal consultation policy, which recog- of this Act, the Secretary of the Department

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in which the Coast Guard is operating shall ‘‘(B) a description of how each such use of (b) DUAL ESCORT VESSELS FOR DOUBLE submit a report to the Senate Committee on the Fund meets the requirements of sub- HULLED TANKERS IN PRINCE WILLIAM SOUND, Commerce, Science, and Transportation and section (a). ALASKA.— the House of Representatives Committee on ‘‘(3) AGENCY RECORDKEEPING.—Each Fed- (1) IN GENERAL.—Section 4116(c) of the Oil Transportation and Infrastructure on the eral agency that receives amounts from the Pollution Act of 1990 (46 U.S.C. 3703 note) is availability, feasibility, and potential cost of Fund shall maintain records describing the amended— technology to detect the loss of oil carried as purposes for which such funds were obligated (A) by striking ‘‘Not later than 6 months cargo or as fuel on tank and non-tank vessels or expended in such detail as the Secretary after the date of the enactment of this Act, greater than 400 gross tons. may require for purposes of the report re- the’’ and inserting ‘‘(1) IN GENERAL.—The’’; SEC. 708. USE OF OIL SPILL LIABILITY TRUST quired under paragraph (1).’’. and FUND. SEC. 709. INTERNATIONAL EFFORTS ON EN- (B) by adding at the end the following: (a) IN GENERAL.—Section 1012(a)(5) of the FORCEMENT. ‘‘(2) PRINCE WILLIAM SOUND, ALASKA.— Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) The Secretary of the department in which ‘‘(A) IN GENERAL.—The requirement in is amended— the Coast Guard is operating, in consultation paragraph (1) relating to single hulled tank- (1) by redesignating subparagraphs (B) and with the heads of other appropriate Federal ers in Prince William Sound, Alaska, de- (C) as subparagraphs (C) and (D), respec- agencies, shall ensure that the Coast Guard scribed in that paragraph being escorted by tively; and pursues stronger enforcement in the Inter- at least 2 towing vessels or other vessels con- (2) by inserting after subparagraph (A) the national Maritime Organization of agree- sidered to be appropriate by the Secretary following: ments related to oil discharges, including (including regulations promulgated in ac- ‘‘(B) not more than $15,000,000 in each fiscal joint enforcement operations, training, and cordance with section 3703(a)(3) of title 46, stronger compliance mechanisms. United States Code, as set forth in part 168 of year shall be available to the Under Sec- title 33, Code of Federal Regulations (as in retary of Commerce for Oceans and Atmos- SEC. 710. HIGHER VOLUME PORT AREA REGU- LATORY DEFINITION CHANGE. effect on March 1, 2009) implementing this phere for expenses incurred by, and activities (a) IN GENERAL.—Within 1 year after the subsection with respect to those tankers) related to, response and damage assessment date of enactment of this Act, the Com- shall apply to double hulled tankers over capabilities of the National Oceanic and At- mandant shall initiate a rulemaking pro- 5,000 gross tons transporting oil in bulk in mospheric Administration;’’. ceeding to modify the definition of the term Prince William Sound, Alaska. (b) AUDITS; ANNUAL REPORTS.—Section 1012 ‘‘higher volume port area’’ in section 155.1020 ‘‘(B) IMPLEMENTATION OF REQUIREMENTS.— of the Oil Pollution Act of 1990 (33 U.S.C. of the Coast Guard regulations (33 C.F.R. The Secretary of the department in which 2712) is amended— 155.1020) by striking ‘‘Port Angeles, WA’’ in the Coast Guard is operating shall prescribe (1) by striking subsection (g) and inserting paragraph (13) of that section and inserting interim final regulations to carry out sub- the following: ‘‘Cape Flattery, WA’’. paragraph (A) as soon as practicable without ‘‘(g) AUDITS.— (b) VESSEL RESPONSE PLAN REVIEWS.— notice and hearing pursuant to section 553 of ‘‘(1) IN GENERAL.—The Comptroller General Within 5 years after the date of enactment of title 5 of the United States Code.’’. of the United States shall conduct an audit, this Act, the Coast Guard shall complete its (2) EFFECTIVE DATE.—The amendments including a detailed accounting of each dis- review of any changes to vessel response made by subsection (b) take effect on the bursement from the Fund in excess of plans under the Federal Water Pollution date that is 90 days after the date of enact- $500,000 that is— Control Act (33 U.S.C. 1251 et seq.) resulting ment of this Act. ‘‘(A) disbursed by the National Pollution from the modification of the higher volume (c) PRESERVATION OF STATE AUTHORITY.— Fund Center and not reimbursed by the report area definition required by subsection Nothing in this Act or in any other provision sponsible party; and (a). of Federal law related to the regulation of ‘‘(B) administered and managed by the re- SEC. 711. TUG ESCORTS FOR LADEN OIL TANK- maritime transportation of oil shall affect, ceiving Federal agencies, including final ERS. or be construed or interpreted as pre- payments made to agencies and contractors (a) COMPARABILITY ANALYSIS.— empting, the authority of any State or polit- and, to the extent possible, subcontractors. (1) IN GENERAL.—Within 1 year after the ical subdivision thereof which require the es- ‘‘(2) FREQUENCY.—The audits shall be con- date of enactment of this Act, the Com- cort by one or more tugs of laden oil tankers ducted— mandant, in consultation with the Secretary in the areas which are specified in section ‘‘(A) at least once every 3 years after the of State, is strongly encouraged to enter into 4116(c) of the Oil Pollution Act of 1990 (46 date of enactment of the Coast Guard Au- negotiations with the Government of Canada U.S.C. 3703 note). thorization Act of 2010 until 2016; and to update the comparability analysis which (d) VESSEL TRAFFIC RISK ASSESSMENT.— ‘‘(B) at least once every 5 years after the serves as the basis for the Cooperative Vessel (1) REQUIREMENT.—The Commandant of the last audit conducted under subparagraph (A). Traffic Service agreement between the Coast Guard, acting through the appropriate ‘‘(3) SUBMISSION OF RESULTS.—The Comp- United States and Canada for the manage- Area Committee established under section troller shall submit the results of each audit ment of maritime traffic in Puget Sound, the 311(j)(4) of the Federal Water Pollution Con- conducted under paragraph (1) to— Strait of Georgia, Haro Strait, Rosario trol Act, shall prepare a vessel traffic risk ‘‘(A) the Senate Committee on Commerce, Strait, and the Strait of Juan de Fuca. The assessment for Cook Inlet, Alaska, within Science, and Transportation; updated analysis shall, at a minimum, con- one year after the date of enactment of this ‘‘(B) the House of Representatives Com- sider— Act. mittee on Transportation and Infrastruc- (A) requirements for laden tank vessels to (2) CONTENTS.—The assessment shall de- ture; and be escorted by tug boats; scribe, for the region covered by the assess- ‘‘(C) the Secretary or Administrator of (B) vessel emergency response towing ca- ment— each agency referred to in paragraph (1)(B).’’; pability at the entrance to the Strait of (A) the amount and character of present and Juan de Fuca; and and estimated future shipping traffic in the (2) by adding at the end thereof the fol- (C) spill response capability throughout region; and lowing: the shared water, including oil spill response (B) the current and projected use and effec- ‘‘(l) REPORTS.— planning requirements for vessels bound for tiveness in reducing risk, of— ‘‘(1) IN GENERAL.—Within one year after one nation transiting through the waters of (i) traffic separation schemes and routing the date of enactment of the Coast Guard the other nation. measures; Authorization Act of 2010, and annually (2) CONSULTATION REQUIREMENT.—In con- (ii) long-range vessel tracking systems de- thereafter, the President, through the Sec- ducting the analysis required under this sub- veloped under section 70115 of title 46, United retary of the Department in which the Coast section, the Commandant shall consult with States Code; Guard is operating, shall— the State of Washington and affected tribal (iii) towing, response, or escort tugs; ‘‘(A) provide a report on disbursements for governments. (iv) vessel traffic services; the preceding fiscal year from the Fund, re- (3) RECOMMENDATIONS.—Within 18 months (v) emergency towing packages on vessels; gardless of whether those disbursements after the date of enactment of this Act, the (vi) increased spill response equipment in- were subject to annual appropriations, to— Commandant shall submit recommendations cluding equipment appropriate for severe ‘‘(i) the Senate Committee on Commerce, based on the analysis required under this weather and sea conditions; Science, and Transportation; and subsection to the Senate Committee on Com- (vii) the Automatic Identification System ‘‘(ii) the House of Representatives Com- merce, Science, and Transportation and the developed under section 70114 of title 46, mittee on Transportation and Infrastruc- House of Representatives Committee on United States Code; ture: and Transportation and Infrastructure. The rec- (viii) particularly sensitive sea areas, areas ‘‘(B) make the report available to the pub- ommendations shall consider a full range of to be avoided, and other traffic exclusion lic on the National Pollution Funds Center options for the management of maritime zones; Internet website. traffic, including Federal legislation, pro- (ix) aids to navigation; and ‘‘(2) CONTENTS.—The report shall include— mulgation of Federal rules, and the estab- (x) vessel response plans. ‘‘(A) a list of each disbursement of $250,000 lishment of cooperative agreements for (3) RECOMMENDATIONS.— or more from the Fund during the preceding shared funding of spill prevention and re- (A) IN GENERAL.—The assessment shall in- fiscal year; and sponse systems. clude any appropriate recommendations to

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The Secretary shall submit, ing—’’ and inserting ‘‘existing centers;’’; and gion, the conservation community, and the concurrent with the President’s budget sub- (B) by striking subparagraph (A) and (B); merchant shipping and oil transportation in- mission for each fiscal year, a report on co- and dustries. ordination of the Program and like watch (5) by adding ‘‘and’’ at the end of paragraph (4) PROVISION TO CONGRESS.—The Com- programs within the Department of Home- (3), as so redesignated. mandant shall provide a copy of the assess- land Security to the Committee on Com- SEC. 804. DEPLOYABLE, SPECIALIZED FORCES. ment to the Committee on Transportation merce, Science, and Transportation of the (a) IN GENERAL.—Section 70106 of title 46, and Infrastructure of the House of Rep- Senate and the Committee on Homeland Se- United States Code, is amended to read as resentatives and the Committee on Com- curity of the House of Representatives. follows: merce, Science, and Transportation of the ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘§ 70106. Deployable, specialized forces Senate. There are authorized to be appropriated for ‘‘(a) ESTABLISHMENT.— SEC. 712. EXTENSION OF FINANCIAL RESPONSI- the purposes of this section $3,000,000 for ‘‘(1) IN GENERAL.—To enhance the domestic BILITY. each of fiscal years 2011 through 2016. Such maritime security capability of the United Section 1016(a) of the Oil Pollution Act of funds shall remain available until ex- States, the Secretary shall establish 1990 (33 U.S.C. 2716(a)) is amended— pended.’’. deployable specialized forces of varying ca- (1) by striking ‘‘or’’ after the semicolon in (b) CLERICAL AMENDMENT.—The table of pabilities as are needed to safeguard the pub- paragraph (1); contents for chapter 701 of title 46, United lic and protect vessels, harbors, ports, facili- (2) by inserting ‘‘or’’ after the semicolon in States Code, is amended by inserting after ties, and cargo in waters subject to the juris- paragraph (2); and the item relating to section 70121 the fol- diction of the United States from destruc- (3) by inserting after paragraph (2) the following: tion, loss or injury from crime, or sabotage lowing: ‘‘70122. Waterway watch program.’’. due to terrorist activity, and to respond to ‘‘(3) any tank vessel over 100 gross tons SEC. 802. TRANSPORTATION WORKER IDENTI- such activity in accordance with the trans- using any place subject to the jurisdiction of FICATION CREDENTIAL. portation security plans developed under the United States;’’. (a) IN GENERAL.—Not later than 120 days section 70103. SEC. 713. LIABILITY FOR USE OF SINGLE-HULL after completing the pilot program under ‘‘(2) ENHANCED TEAMS.—Such specialized VESSELS. section 70105(k)(1) of title 46, United States Section 1001(32)(A) of the Oil Pollution Act forces shall include no less than two en- Code, to test TWIC access control tech- hanced teams to serve as deployable forces of 1990 (33 U.S.C. 2701(32)(A)) is amended by nologies at port facilities and vessels nation- inserting ‘‘In the case of a vessel, the term capable of combating terrorism, engaging in wide, the Secretary of Homeland Security interdiction, law enforcement, and advanced ‘responsible party’ also includes the owner of shall submit to the Committee on Homeland oil being transported in a tank vessel with a tactical maritime security operations to ad- Security and the Committee on Transpor- dress known or potentially armed security single hull after December 31, 2010 (other tation and Infrastructure of the House of than a vessel described in section 3703a(b)(3) threats (including non-compliant actors at Representatives, the Committee on Com- sea), and participating in homeland security, of title 46, United States Code).’’ after ‘‘ves- merce, Science, and Transportation of the sel.’’. homeland defense, and counterterrorism ex- Senate, and to the Comptroller General a re- ercises in the maritime environment. TITLE VIII—PORT SECURITY port containing an assessment of the results ‘‘(b) MISSION.—The combined force of the SEC. 801. AMERICA’S WATERWAY WATCH PRO- of the pilot. The report shall include— specialized forces established under sub- GRAM. (1) the findings of the pilot program with section (a) shall be trained, equipped, and ca- (a) IN GENERAL.—Chapter 701 of title 46, respect to key technical and operational as- pable of being deployed to— United States Code, is amended by adding at pects of implementing TWIC technologies in ‘‘(1) deter, protect against, and rapidly re- the end thereof the following: the maritime sector; spond to threats of maritime terrorism; ‘‘§ 70122. Waterway watch program (2) a comprehensive listing of the extent to ‘‘(2) conduct maritime operations to pro- ‘‘(a) PROGRAM ESTABLISHED.—There is which established metrics were achieved dur- tect against and disrupt illegal use, access hereby established, within the Coast Guard, ing the pilot program; and to, or proliferation of weapons of mass de- the America’s Waterway Watch Program. (3) an analysis of the viability of those struction; ‘‘(b) PURPOSE.—The Secretary shall admin- technologies for use in the maritime envi- ‘‘(3) enforce moving or fixed safety or secu- ister the Program in a manner that pro- ronment, including any challenges to imple- rity zones established pursuant to law; motes voluntary reporting of activities that menting those technologies and strategies ‘‘(4) conduct high speed intercepts; may indicate that a person or persons may for mitigating identified challenges. ‘‘(5) board, search, and seize any article or be preparing to engage or engaging in a vio- (b) GAO ASSESSMENT.—The Comptroller thing on or at, respectively, a vessel or facil- lation of law relating to a threat or an act of General shall review the report and submit ity found to present a risk to the vessel or terrorism (as that term is defined in section to the Committee on Homeland Security and facility, or to a port; 3077 of title 18) against a vessel, facility, the Committee on Transportation and Infra- ‘‘(6) rapidly deploy to supplement United port, or waterway. structure of the House of Representatives, States armed forces domestically or over- ‘‘(c) INFORMATION; TRAINING.— and the Committee on Commerce, Science, seas; ‘‘(1) INFORMATION.—The Secretary may es- and Transportation of the Senate an assess- ‘‘(7) respond to criminal or terrorist acts so tablish, as an element of the Program, a net- ment of the report’s findings and rec- as to minimize, insofar as possible, the dis- work of individuals and community-based or- ommendations. ruption caused by such acts; ganizations that encourage the public and SEC. 803. INTERAGENCY OPERATIONAL CENTERS ‘‘(8) assist with facility vulnerability as- industry to recognize activities referred to in FOR PORT SECURITY. sessments required under this chapter; and subsection (b), promote voluntary reporting Section 70107A(b) of title 46, United States ‘‘(9) carry out any other missions of the of such activity, and enhance the situational Code, is amended— Coast Guard as are assigned to it by the Sec- awareness within the Nation’s ports and wa- (1) by striking paragraph (3); retary. terways. Such network shall, to the extent (2) by redesignating paragraphs (1) and (2) ‘‘(c) MINIMIZATION OF RESPONSE TIMES.— practicable, be conducted in cooperation as paragraphs (2) and (3), respectively; The enhanced teams established under sub- with Federal, State, and local law enforce- (3) by inserting before paragraph (2), as so section (a)(2) shall, to the extent practicable, ment agencies. redesignated, the following: be stationed in such a way so as to minimize ‘‘(2) TRAINING.—The Secretary may provide ‘‘(1)(A) include— the response time to maritime terrorist training in— ‘‘(i) information management systems, and threats and potential or actual transpor- ‘‘(A) observing and reporting on covered ‘‘(ii) sensor management systems; and tation security incidents. activities; and ‘‘(B) where practicable, provide for the ‘‘(d) COORDINATION WITH OTHER AGENCIES.— ‘‘(B) sharing such reports and coordinating physical co-location of the Coast Guard and, To the maximum extent feasible, the com- the response by Federal, State, and local law as the Secretary determines appropriate, bined force of the specialized forces estab- enforcement agencies. representatives of the United States Cus- lished under subsection (a) shall coordinate ‘‘(d) VOLUNTARY PARTICIPATION.—Partici- toms and Border Protection, the United their activities with other Federal, State, pation in the Program— States Immigration and Customs Enforce- and local law enforcement and emergency re- ‘‘(1) shall be wholly voluntary; ment, the Transportation Security Adminis- sponse agencies.’’. ‘‘(2) shall not be a prerequisite to eligi- tration, the Department of Justice, the De- (b) CLERICAL AMENDMENT.—The table of bility for, or receipt of, any other service or partment of Defense, and other Federal agen- contents for chapter 701 of title 46, United

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States Code, is amended by striking the item ‘‘(2) CONDITIONS.—The Secretary— on Commerce, Science, and Transportation relating to section 70106 and inserting the ‘‘(A) may provide such assistance based of the Senate an analysis of the cost of ex- following: upon an assessment of the risks to the secu- panding the Coast Guard’s biometric identi- ‘‘70106. Deployable, specialized forces.’’. rity of the United States and the inability of fication capabilities for use by the Coast SEC. 805. COAST GUARD DETECTION CANINE the owner or operator of the port or facility Guard’s Deployable Operations Group, cut- TEAM PROGRAM EXPANSION. to bring the port or facility into compliance ters, stations, and other deployable mari- (a) DEFINITIONS.—For purposes of this sec- with those standards and to maintain com- time teams considered appropriate by the tion: pliance with, or exceed, such standards; Secretary, and any other appropriate De- (1) CANINE DETECTION TEAM.—The term ‘‘de- ‘‘(B) may not provide such assistance un- partment of Homeland Security maritime tection canine team’’ means a canine and a less the port or facility has been subjected to vessels and units. The analysis may include canine handler that are trained to detect a comprehensive port security assessment by a tiered plan for the deployment of this pro- narcotics or explosives, or other threats as the Coast Guard; and gram that gives priority to vessels and units defined by the Secretary. ‘‘(C) may only lend, lease, or otherwise more likely to encounter individuals sus- (2) SECRETARY.—The term ‘‘Secretary’’ provide equipment that the Secretary has pected of making illegal border crossings means the Secretary of Homeland Security. first determined is not required by the Coast through the maritime environment. (b) DETECTION CANINE TEAMS.— Guard for the performance of its missions.’’. (d) STUDY ON EMERGING BIOMETRIC CAPA- (1) INCREASED CAPACITY.—Not later than (c) SAFETY AND SECURITY ASSISTANCE FOR BILITIES.— one year after the date of enactment of this FOREIGN PORTS.— (1) STUDY REQUIRED.—The Secretary of Act, and subject to the availability of appro- (1) IN GENERAL.—Section 70110(e)(1) of title Homeland Security shall submit to the Com- priations, the Secretary shall— 46, United States Code, is amended by strik- mittees on Homeland Security and Transpor- (A) begin to increase the number of detec- ing the second sentence and inserting the tation and Infrastructure of the House of tion canine teams certified by the Coast following: ‘‘The Secretary shall establish a Representatives and the Committee on Com- Guard for the purposes of maritime-related strategic plan to utilize those assistance pro- merce, Science, and Transportation of the security by no fewer than 10 canine teams grams to assist ports and facilities that are Senate a study on the use by the Coast annually through fiscal year 2012; and found by the Secretary under subsection (a) Guard and other departmental entities of the (B) encourage owners and operators of port not to maintain effective antiterrorism combination of biometric technologies to facilities, passenger cruise liners, oceangoing measures in the implementation of port se- rapidly identify individuals for security pur- cargo vessels, and other vessels identified by curity antiterrorism measures.’’. poses. Such study shall focus on— the Secretary to strengthen security (2) CONFORMING AMENDMENTS.— (A) increased accuracy of facial recogni- through the use of highly trained detection (A) Section 70110 of title 46, United States tion; canine teams. Code, is amended— (B) enhancement of existing iris recogni- (2) CANINE PROCUREMENT.—The Secretary, (i) by inserting ‘‘or facilities’’ after ‘‘ports’’ in tion technology; and acting through the Commandant of the the section heading; (C) other emerging biometric technologies Coast Guard, shall procure detection canine (ii) by inserting ‘‘or facility’’ after ‘‘port’’ capable of assisting in confirming the identi- teams as efficiently as possible, including, to each place it appears; and fication of individuals. the greatest extent possible, through in- (iii) by striking ‘‘PORTS’’ in the heading for (2) PURPOSE OF STUDY.—The purpose of the creased domestic breeding, while meeting subsection (e) and inserting ‘‘PORTS, FACILI- study required by paragraph (1) is to facili- the performance needs and criteria estab- TIES,’’. tate the use of a combination biometrics, in- lished by the Commandant. (B) Section 70108(c) of such title is amend- cluding facial and iris recognition, to pro- (c) DEPLOYMENT.—The Secretary shall ed— vide a higher probability of success in identi- prioritize deployment of the additional ca- (i) by striking paragraph (2); and fication than a single approach and to nine teams to ports based on risk, consistent (ii) by redesignating paragraphs (3) and (4) achieve transformational advances in the with the Security and Accountability For as paragraphs (2) and (3), respectively flexibility, authenticity, and overall capa- Every Port Act of 2006 (Public Law 109–347). (C) The table of contents for chapter 701 of bility of integrated biometric detectors. The SEC. 806. COAST GUARD PORT ASSISTANCE PRO- title 46, United States Code, is amended by operational goal of the study should be to GRAM. striking the item relating to section 70110 provide the capability to nonintrusively col- (a) FOREIGN PORT ASSESSMENT.—Chapter and inserting the following: lect biometrics in an accurate and expedi- 701 of title 46, United States Code, is amend- ‘‘70110. Actions and assistance for foreign tious manner to assist the Coast Guard and ed— ports or facilities and United the Department of Homeland Security in ful- (1) by adding at the end of section 70108 the States territories.’’. filling its mission to protect and support na- following: SEC. 807. MARITIME BIOMETRIC IDENTIFICA- ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- tional security. TION. TION.—The absence of an inspection of a for- SEC. 808. PILOT PROGRAM FOR FINGERPRINTING (a) IN GENERAL.—Chapter 701 of title 46, eign port shall not bar the Secretary from OF MARITIME WORKERS. United States Code, is further amended by making a finding that a port in a foreign adding at the end the following: (a) IN GENERAL.—Within 180 days after the country does not maintain effective date of enactment of this Act, the Secretary antiterrorism measures.’’; ‘‘§ 70123. Mobile biometric identification of Homeland Security shall establish proce- (2) by striking ‘‘If the Secretary, after con- ‘‘(a) IN GENERAL.—Within one year after dures providing for an individual who is re- ducting an assessment under section 70108, the date of the enactment of the Coast Guard quired to be fingerprinted for purposes of ob- finds that a port in a foreign country does Authorization Act of 2010, the Secretary taining a transportation security card under not maintain effective antiterrorism meas- shall conduct, in the maritime environment, section 70105 of title 46, United States Code, ures,’’ in section 70109(a) and inserting ‘‘Un- a program for the mobile biometric identi- the ability to be fingerprinted at any of not less the Secretary finds that a port in a for- fication of suspected individuals, including less than 20 facilities operated by or under eign country maintains effective terrorists, to enhance border security and for contract with an agency of the Department antiterrorism measures,’’; and other purposes. of Homeland Security that fingerprints the (3) by striking ‘‘If the Secretary finds that ‘‘(b) REQUIREMENTS.—The Secretary shall public for the Department. These facilities a foreign port does not maintain effective ensure the program required in this section shall be in addition to facilities established antiterrorism measures,’’ in section 70110(a) is coordinated with other biometric identi- under section 70105 of title 46, United States and inserting ‘‘Unless the Secretary finds fication programs within the Department of Code. Homeland Security. that a foreign port maintains effective (b) EXPIRATION.—The requirement made by antiterrorism measures,’’. ‘‘(c) DEFINITION.—For the purposes of this section, the term ‘biometric identification’ subsection (a) expires one year after the date (b) ASSISTANCE PROGRAM.—Section 70110 of the Secretary establishes the facilities re- title 46, United States Code, is amended by means use of fingerprint and digital photog- quired under that subsection. adding at the end the following: raphy images and facial and iris scan tech- ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— nology and any other technology considered SEC. 809. TRANSPORTATION SECURITY CARDS ON ‘‘(1) IN GENERAL.—The Secretary may lend, applicable by the Department of Homeland VESSELS. lease, donate, or otherwise provide equip- Security.’’. Section 70105(b)(2) of title 46, United States ment, and provide technical training and (b) CLERICAL AMENDMENT.—The table of Code, is amended— support, to the owner or operator of a for- sections at the beginning of such chapter is (1) in subparagraph (B), by inserting after eign port or facility— amended by adding at the end the following: ‘‘title’’ the following: ‘‘allowed unescorted ‘‘(A) to assist in bringing the port or facil- ‘‘70123. Mobile biometric identification.’’. access to a secure area designated in a vessel ity into compliance with applicable Inter- (c) COST ANALYSIS.—Within 90 days after security plan approved under section 70103 of national Ship and Port Facility Code stand- the date of the enactment of this Act, the this title’’; and ards; and Secretary of the department in which the (2) in subparagraph (D), by inserting after ‘‘(B) to assist the port or facility in cor- Coast Guard is operating shall submit to the ‘‘tank vessel’’ the following: ‘‘allowed recting deficiencies identified in periodic Committees on Homeland Security and unescorted access to a secure area des- port assessments and reassessments required Transportation and Infrastructure of the ignated in a vessel security plan approved under section 70108 of this title. House of Representatives and the Committee under section 70103 of this title’’.

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SEC. 810. MARITIME SECURITY ADVISORY COM- security zones around vessels transiting to, (4) REPORT.—Not later than 12 months MITTEES. through, or from United States ports or to after the date of enactment of this Act, the Section 70112 of title 46, United States conduct security patrols in United States Secretary of the Department in which the Code, is amended— ports; Coast Guard is operating shall submit to the (1) by amending subsection (b)(5) to read as (ii) the number of formal agreements en- Committees on Homeland Security and follows: tered into between the Coast Guard and Transportation and Infrastructure of the ‘‘(5)(A) The National Maritime Security State and local law enforcement entities to House of Representatives and the Committee Advisory Committee shall be composed of— engage State and local law enforcement enti- on Commerce, Science, and Transportation ‘‘(i) at least 1 individual who represents ties in the enforcement of Coast Guard-im- of the Senate a report on the results of the the interests of the port authorities; posed security zones around vessels study under this subsection. ‘‘(ii) at least 1 individual who represents transiting to, through, or from United States (b) NATIONAL STRATEGY.—Not later than 6 the interests of the facilities owners or oper- ports or the conduct of port security patrols months after submission of the report re- ators; in United States ports, the duration of those quired by subsection (a), the Secretary of the ‘‘(iii) at least 1 individual who represents agreements, and the aid that State and local department in which the Coast Guard is op- the interests of the terminal owners or oper- entities are engaged to provide through such erating shall develop, in conjunction with ators; agreements; appropriate Federal agencies, a national ‘‘(iv) at least 1 individual who represents (iii) the extent to which the Coast Guard strategy for the waterside security of vessels the interests of the vessel owners or opera- has set national standards for training, carrying, and waterfront facilities handling, tors; equipment, and resources to ensure that especially hazardous cargo. The strategy ‘‘(v) at least 1 individual who represents State and local law enforcement entities en- shall utilize the results of the study required the interests of the maritime labor organiza- gaged in enforcing Coast Guard-imposed se- by subsection (a). curity zones around vessels transiting to, tions; (c) SECURITY OF ESPECIALLY HAZARDOUS through, or from United States ports or in ‘‘(vi) at least 1 individual who represents CARGO.—Section 70103 of title 46, United the interests of the academic community; conducting port security patrols in United States Code, is amended by adding at the end ‘‘(vii) at least 1 individual who represents States ports (or both) can deter to the max- the following: imum extent practicable a transportation se- the interests of State or local governments; ‘‘(e) ESPECIALLY HAZARDOUS CARGO.— curity incident; and ‘‘(1) ENFORCEMENT OF SECURITY ZONES.— (iv) the extent to which the Coast Guard ‘‘(viii) at least 1 individual who represents Consistent with other provisions of Federal has assessed the ability of State and local the interests of the maritime industry. law, the Coast Guard shall coordinate and be law enforcement entities to carry out the se- ‘‘(B) Each Area Maritime Security Advi- responsible for the enforcement of any Fed- curity assignments that they have been en- sory Committee shall be composed of indi- eral security zone established by the Coast viduals who represents the interests of the gaged to perform, including their ability to meet any national standards for training, Guard around a vessel containing especially port industry, terminal operators, port labor hazardous cargo. The Coast Guard shall allo- organizations, and other users of the port equipment, and resources that have been established by the Coast Guard in order to en- cate available resources so as to deter and areas.’’; and respond to a transportation security inci- (2) in subsection (g)— sure that those entities can deter to the maximum extent practicable a transpor- dent, to the maximum extent practicable, (A) in paragraph (1)(A), by striking ‘‘2008;’’ and to protect lives or protect property in and inserting ‘‘2020;’’; and tation security incident; (v) the extent to which State and local law danger. (B) in paragraph (2), by striking ‘‘2006’’ and ‘‘(2) RESOURCE DEFICIENCY REPORTING.— inserting ‘‘2018’’. enforcement entities are able to meet national standards for training, equipment, and ‘‘(A) IN GENERAL.—When the Secretary sub- SEC. 811. SEAMEN’S SHORESIDE ACCESS. resources established by the Coast Guard to mits the annual budget request for a fiscal Each facility security plan approved under ensure that those entities can deter to the year for the department in which the Coast section 70103(c) of title 46, United States maximum extent practicable a transpor- Guard is operating to the Office of Manage- Code, shall provide a system for seamen as- tation security incident; ment and Budget, the Secretary shall pro- signed to a vessel at that facility, pilots, and (vi) the differences in law enforcement au- vide to the Committees on Homeland Secu- representatives of seamen’s welfare and thority, and particularly boarding authority, rity and Transportation and Infrastructure labor organizations to board and depart the between the Coast Guard and State and local of the House of Representatives and the vessel through the facility in a timely man- law enforcement entities, and the impact Committee on Commerce, Science, and ner at no cost to the individual. that these differences have on the ability of Transportation of the Senate a report that SEC. 812. WATERSIDE SECURITY OF ESPECIALLY State and local law enforcement entities to includes— HAZARDOUS CARGO. provide the same level of security that the ‘‘(i) for the last full fiscal year preceding (a) NATIONAL STUDY.— Coast Guard provides during the enforce- the report, a statement of the number of se- (1) IN GENERAL.—The Secretary of the de- ment of Coast Guard-imposed security zones curity zones established for especially haz- partment in which the Coast Guard is oper- and the conduct of security patrols in United ardous cargo shipments; ating shall— States ports; and ‘‘(ii) for the last full fiscal year preceding (A) initiate a national study to identify (vii) the extent of resource, training, and the report, a statement of the number of es- measures to improve the security of mari- equipment differences between State and pecially hazardous cargo shipments provided time transportation of especially hazardous local law enforcement entities and the Coast a waterborne security escort, subdivided by cargo; and Guard units engaged in enforcing Coast Federal, State, local, or private security; and (B) coordinate with other Federal agencies, Guard-imposed security zones around vessels ‘‘(iii) an assessment as to any additional the National Maritime Security Advisory transiting to, through, or from United States vessels, personnel, infrastructure, and other Committee, and appropriate State and local ports or conducting security patrols in resources necessary to provide waterborne government officials through the Area Mari- United States ports; escorts to those especially hazardous cargo time Security Committees and other exist- (C) recommendations for risk-based secu- shipments for which a security zone is estab- ing coordinating committees, to evaluate rity measures to improve waterside security lished. the waterside security of vessels carrying, of vessels carrying, and waterfront facilities ‘‘(B) ESPECIALLY HAZARDOUS CARGO DE- and waterfront facilities handling, especially handling, especially hazardous cargo; and FINED.—In this subsection, the term ‘espe- hazardous cargo. (D) identification of security funding alter- cially hazardous cargo’ means anhydrous (2) MATTERS TO BE INCLUDED.—The study natives, including an analysis of the poten- ammonia, ammonium nitrate, chlorine, liq- conducted under this subsection shall in- tial for cost-sharing by the public and pri- uefied natural gas, liquiefied petroleum gas, clude— vate sectors as well as any challenges associ- and any other substance, material, or group (A) an analysis of existing risk assessment ated with such cost-sharing. or class of material, in a particular amount information relating to waterside security (3) INFORMATION PROTECTION.—In carrying and form that the Secretary determines by generated by the Coast Guard and Area Mar- out the coordination necessary to effectively regulation poses a significant risk of cre- itime Security Committees as part of the complete the study, the Commandant shall ating a transportation security incident Maritime Security Risk Analysis Model; implement measures to ensure the protec- while being transported in maritime com- (B) a review and analysis of appropriate tion of any sensitive security information, merce.’’. roles and responsibilities of maritime stake- proprietary information, or classified infor- (d) DEFINITIONS.—For the purposes of this holders, including Federal, State, and local mation collected, reviewed, or shared during section, the follow definitions apply: law enforcement and industry security per- collaborative engagement with maritime (1) ESPECIALLY HAZARDOUS CARGO.—The sonnel, responsible for waterside security of stakeholders and other Government entities, term ‘‘especially hazardous cargo’’ means vessels carrying, and waterfront facilities except that nothing in this paragraph shall anhydrous ammonia, ammonium nitrate, handling, especially hazardous cargo, includ- constitute authority to withhold informa- chlorine, liquefied natural gas, liquiefied pe- ing— tion from— troleum gas, and any other substance, mate- (i) the number of ports in which State and (A) the Congress; or rial, or group or class of material, in a par- local law enforcement entities are providing (B) first responders requiring such infor- ticular amount and form that the Secretary any services to enforce Coast Guard-imposed mation for the protection of life or property. determines by regulation poses a significant

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Transportation Security Plans under chapter LINES FOR PROCESSING; RECEIPT. (a) IN GENERAL.—Chapter 701 of title 46, 701 of title 46, United States Code. (a) ACCESS; DEADLINES.—Section 70105 of United States Code, is further amended by (3) TRANSPORTATION SECURITY INCIDENT.— title 46, United States Code, is further adding at the end the following: The term ‘‘transportation security incident’’ amended by adding at the end the following ‘‘SEC. 70124. REGULATIONS. has the same meaning as that term has in new subsections: ‘‘Unless otherwise provided, the Secretary section 70101 of title 46, United States Code. ‘‘(o) ESCORTING.—The Secretary shall co- may issue regulations necessary to imple- ordinate with owners and operators subject SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS ment this chapter.’’. FACILITIES. to this section to allow any individual who (b) CLERICAL AMENDMENT.—The table of Consistent with other provisions of law, has a pending application for a transpor- contents for chapter 701 of such title is fur- the Secretary of the department in which tation security card under this section or is ther amended by adding at the end the fol- the Coast Guard is operating shall make a waiting for reissuance of such card, includ- lowing new item: recommendation, after considering rec- ing any individual whose card has been lost ‘‘70124. Regulations’’. ommendations made by the States, to the or stolen, and who needs to perform work in SEC. 821. PORT SECURITY TRAINING AND CER- Federal Energy Regulatory Commission as a secure or restricted area to have access to TIFICATION. to whether the waterway to a proposed wa- such area for that purpose through escorting (a) PORT SECURITY TRAINING PROGRAM.— terside liquefied natural gas facility is suit- of such individual in accordance with sub- Chapter 701 of title 46, United States Code, is able or unsuitable for the marine traffic as- section (a)(1)(B) by another individual who further amended by adding at the end the sociated with such facility. holds a transportation security card. Noth- following: SEC. 814. USE OF SECONDARY AUTHENTICATION ing in this subsection shall be construed as ‘‘§ 70125. Port security training for facility se- FOR TRANSPORTATION SECURITY requiring or compelling an owner or operator curity officers CARDS. to provide escorted access. ‘‘(a) FACILITY SECURITY OFFICERS.—The Section 70105 of title 46, United States ‘‘(p) PROCESSING TIME.—The Secretary Secretary shall establish comprehensive fa- Code, is amended by adding at the end the shall review an initial transportation secu- cility security officer training requirements following new subsection: rity card application and respond to the ap- designed to provide full security training ‘‘(n) The Secretary may use a secondary plicant, as appropriate, including the mail- that would lead to certification of such offi- authentication system to verify the identi- ing of an Initial Determination of Threat As- cers. In establishing the requirements, the fication of individuals using transportation sessment letter, within 30 days after receipt Secretary shall— security cards when the individual’s finger- of the initial application. The Secretary ‘‘(1) work with affected industry stake- prints are not able to be taken or read.’’. shall, to the greatest extent practicable, re- holders; and SEC. 815. ASSESSMENT OF TRANSPORTATION SE- view appeal and waiver requests submitted ‘‘(2) evaluate— CURITY CARD ENROLLMENT SITES. by a transportation security card applicant, ‘‘(A) the requirements of subsection (b); (a) IN GENERAL.—Not later than 180 days and send a written decision or request for ad- ‘‘(B) existing security training programs after the date of the enactment of this Act, ditional information required for the appeal employed at marine terminal facilities; and the Secretary of the department in which or waiver determination, within 30 days after ‘‘(C) existing port security training pro- the Coast Guard is operating shall prepare receipt of the applicant’s appeal or waiver grams developed by the Federal Government. an assessment of the enrollment sites for written request. For an applicant that is re- ‘‘(b) REQUIREMENTS.—The training program transportation security cards issued under quired to submit additional information for shall provide validated training that— section 70105 of title 46, United States Code, an appeal or waiver determination, the Sec- ‘‘(1) provides training at the awareness, including— retary shall send a written decision, to the performance, management, and planning lev- (1) the feasibility of keeping those enroll- greatest extent practicable, within 30 days els; ment sites open after the date of enactment after receipt of all requested information.’’. ‘‘(2) utilizes multiple training mediums of this Act; and (b) RECEIPT OF CARDS.— and methods; (2) the quality of customer service, includ- (1) REPORT BY COMPTROLLER GENERAL.— ‘‘(3) establishes a validated provisional on- ing the periods of time individuals are kept Within 180 days after the date of enactment line certification methodology; on hold on the telephone, whether appoint- of this Act, the Comptroller General of the ‘‘(4) provide for continuing education and ments are kept, and processing times for ap- United States shall submit to the Committee training for facility security officers beyond plications. on Homeland Security of the House of Rep- certification requirements, including a pro- (b) TIMELINES AND BENCHMARKS.—The Sec- resentatives and the Committee on Com- gram to educate on the dangers and issues retary shall develop timelines and bench- merce, Science, and Transportation of the associated with the shipment of hazardous marks for implementing the findings of the Senate a report assessing the costs, tech- and especially hazardous cargo; assessment as the Secretary deems nec- nical feasibility, and security measures asso- ‘‘(5) addresses port security topics, includ- essary. ciated with implementing procedures to de- ing— SEC. 816. ASSESSMENT OF THE FEASIBILITY OF liver a transportation security card to an ap- ‘‘(A) facility security plans and procedures, EFFORTS TO MITIGATE THE THREAT including how to develop security plans and OF SMALL BOAT ATTACK IN MAJOR proved applicant’s place of residence in a se- PORTS. cure manner or to allow an approved appli- security procedure requirements when threat The Secretary of the department in which cant to receive the card at an enrollment levels are elevated; the Coast Guard is operating shall assess and center of the individual’s choosing. ‘‘(B) facility security force operations and report to Congress on the feasibility of ef- (2) PROCESS FOR ALTERNATIVE MEANS OF RE- management; forts to mitigate the threat of small boat at- CEIPT.—If the Comptroller General finds in ‘‘(C) physical security and access control tack in security zones of major ports, includ- the final report under paragraph (1) that it is at facilities; ing specifically the use of transponders, feasible for a transportation security card to ‘‘(D) methods of security for preventing radio frequency identification devices, and be sent to an approved applicant’s place of and countering cargo theft; high-frequency surface radar systems to residence in a secure manner, the Secretary ‘‘(E) container security; track small boats. shall, within one year after the date of ‘‘(F) recognition and detection of weapons, SEC. 817. REPORT AND RECOMMENDATION FOR issuance of the final report by the Comp- dangerous substances, and devices; UNIFORM SECURITY BACKGROUND troller General, implement a secure process ‘‘(G) operation and maintenance of secu- CHECKS. to permit an individual approved for a trans- rity equipment and systems; Not later than one year after the date of portation security card to receive the card at ‘‘(H) security threats and patterns; enactment of this Act, the Comptroller Gen- the applicant’s place of residence or at the ‘‘(I) security incident procedures, including eral shall submit to the Committee on enrollment center of the individual’s choos- procedures for communicating with govern- Homeland Security of the House of Rep- ing. The individual shall be responsible for mental and nongovernmental emergency re- resentatives and the Committee on Com- any additional cost associated with the se- sponse providers; and merce, Science, and Transportation of the cure delivery of a transportation security ‘‘(J) evacuation procedures; Senate a report that contains— card. ‘‘(6) is consistent with, and supports imple- (1) a review of background checks and SEC. 819. HARMONIZING SECURITY CARD EXPIRA- mentation of, the National Incident Manage- forms of identification required under State TIONS. ment System, the National Response Plan, and local transportation security programs; Section 70105(b) of title 46, United States the National Infrastructure Protection Plan, (2) a determination as to whether the back- Code, is amended by adding at the end the the National Preparedness Guidance, the Na- ground checks and forms of identification re- following new paragraph: tional Preparedness Goal, the National Mari- quired under such programs duplicate or con- ‘‘(6) The Secretary may extend for up to time Transportation Security Plan, and flict with Federal programs; and one year the expiration of a biometric trans- other such national initiatives;

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TRANSPORTATION SECURITY CARDS. against, and recover from a transportation facility security plans; Section 70105 of title 46, United States security incident consistent with section 202 ‘‘(9) addresses requirements under the Code, is further amended by adding at the of the SAFE Port Act of 2006 (6 U.S.C. 942) International Code for the Security of Ships end thereof the following: and subsection (a) of this section;’’. and Port Facilities to address shore leave for ‘‘(q) RECEIPT AND ACTIVATION OF TRANSPOR- SEC. 827. RISK BASED RESOURCE ALLOCATION. mariners and access to visitors, representa- TATION SECURITY CARD.— (a) NATIONAL STANDARD.—Within 1 year tives of seafarers’ welfare organizations, and ‘‘(1) IN GENERAL.—Not later than one year after the date of enactment of this Act, in labor organizations; and after the date of publication of final regula- carrying out chapter 701 of title 46, United ‘‘(10) such other subject matters as may be tions required by subsection (k)(3) of this States Code, the Secretary of the depart- prescribed by the Secretary. section the Secretary shall develop a plan to ment in which the Coast Guard is operating ‘‘(c) CONTINUING SECURITY TRAINING.—The permit the receipt and activation of trans- shall develop and utilize a national standard Secretary, in coordination with the Sec- portation security cards at any vessel or fa- and formula for prioritizing and addressing retary of Transportation, shall work with cility described in subsection (a) of this sec- assessed security risks at United State ports State and local law enforcement agencies tion that desires to implement this capa- and facilities on or adjacent to the water- and industry stakeholders to develop and bility. This plan shall comply, to the extent ways of the United States, such as the Mari- certify the following additional security possible, with all appropriate requirements time Security Risk Assessment Model that training requirements for Federal, State, of Federal standards for personal identity has been tested by the Department of Home- and local officials with security responsibil- verification and credential. land Security. ities at United States seaports: ‘‘(2) LIMITATION.—The Secretary may not (b) USE BY MARITIME SECURITY COMMIT- ‘‘(1) A program to familiarize them with require any such vessel or facility to provide TEES.—Within 2 years after the date of enact- port and shipping operations, requirements on-site activation capability.’’. ment of this Act, the Secretary shall require of the Maritime Transportation Security Act SEC. 824. PRE-POSITIONING INTEROPERABLE each Area Maritime Security Committee to of 2002 (Public Law 107–295), and other port COMMUNICATIONS EQUIPMENT AT use this standard to regularly evaluate each and cargo security programs that educates INTERAGENCY OPERATIONAL CEN- port’s assessed risk and prioritize how to and trains them with respect to their roles TERS. mitigate the most significant risks. and responsibilities. Section 70107A of title 46, United States (c) OTHER USES OF STANDARD.—The Sec- ‘‘(2) A program to familiarize them with Code, is amended— retary shall utilize the standard when con- dangers and potential issues with respect to (1) by redesignating subsections (e) and (f) sidering departmental resource allocations shipments of hazardous and especially haz- as subsections (f) and (g), respectively; and and grant making decisions. ardous cargoes. (2) by inserting after subsection (d) the fol- (d) USE OF MARITIME RISK ASSESSMENT ‘‘(3) A program of continuing education as lowing: MODEL.—Within 180 days after the date of en- deemed necessary by the Secretary. ‘‘(e) DEPLOYMENT OF INTEROPERABLE COM- actment of this Act, the Secretary of the de- ‘‘(d) TRAINING PARTNERS.—In developing MUNICATIONS EQUIPMENT AT INTERAGENCY partment in which the Coast Guard is oper- curriculum and delivering training estab- OPERATIONAL CENTERS.—The Secretary, sub- ating shall make the United States Coast lished pursuant to subsections (a) and (c), ject to the availability of appropriations, Guard’s Maritime Security Risk Assessment the Secretary, in coordination with the Mar- shall ensure that interoperable communica- Model available, in an unclassified version, itime Administrator of the Department of tions technology is deployed at all inter- on a limited basis to regulated vessels and Transportation and consistent with section agency operational centers established under facilities to conduct true risk assessments of 109 of the Maritime Transportation Security subsection (a) and that such technology and their own facilities and vessels using the Act of 2002 [46 U.S.C. 70101 note], shall work equipment has been tested in live oper- same criteria employed by the Coast Guard with institutions with maritime expertise ational environments before deployment.’’. when evaluating a port area, facility, or ves- and with industry stakeholders with security SEC. 825. INTERNATIONAL PORT AND FACILITY sel. expertise to develop appropriate training ca- INSPECTION COORDINATION. SEC. 828. PORT SECURITY ZONES. pacity to ensure that training can be pro- (a) COORDINATION.—The Secretary of the (a) IN GENERAL.—Section 701 of title 46, vided in a geographically balanced manner department in which the Coast Guard is op- United States Code, is amended by adding at to personnel seeking certification under sub- erating shall, to the extent practicable, con- the end the following: section (a) or education and training under duct the assessments required by the fol- subsection (c). ‘‘SUBCHAPTER II—PORT SECURITY lowing provisions of law concurrently, or de- ZONES ‘‘(e) ESTABLISHED GRANT PROGRAM.—The velop a process by which they are integrated ‘‘§ 70131. Definitions Secretary shall issue regulations or grant so- and conducted by the Coast Guard: licitations for grants for homeland security (1) Section 205 of the SAFE Port Act (6 ‘‘In this subchapter: or port security to ensure that activities sur- U.S.C. 945). ‘‘(1) LAW ENFORCEMENT AGENCY.—The term rounding the development of curriculum and (2) Section 213 of that Act (6 U.S.C. 964). ‘law enforcement agency’ means an agency the provision of training and these activities (3) Section 70108 of title 46, United States of a State, a political subdivision of a State, are eligible grant activities under both grant Code. or a Federally recognized tribe that is au- programs.’’. (b) LIMITATION.—Nothing in subsection (a) thorized by law to supervise the prevention, (b) CONFORMING AMENDMENT.—Section 113 shall be construed to affect or diminish the detection, investigation, or prosecution of of the SAFE Port Act (6 U.S.C. 911) is re- Secretary’s authority or discretion— any violation of criminal law. pealed. (1) to conduct an assessment of a foreign ‘‘(2) SECURITY ZONE.—The term ‘security (c) TABLE OF CONTENTS AMENDMENT.—The zone’ means a security zone, established by table of contents for chapter 701 of title 46, port at any time; (2) to compel the Secretary to conduct an the Commandant of the Coast Guard or the United States Code, is further amended by Commandant’s designee pursuant to section adding at the end the following: assessment of a foreign port so as to ensure that 2 or more assessments are conducted 1 of title II of the Act of June 15, 1917 (50 ‘‘70125. Port security training for facility se- concurrently; or U.S.C. 191) or section 7(b) of the Ports and curity officers’’. (3) to cancel an assessment of a foreign Waterways Safety Act (33 U.S.C. 1226(b)), for SEC. 822. INTEGRATION OF SECURITY PLANS AND port if the Secretary is unable to conduct 2 a vessel carrying especially hazardous cargo SYSTEMS WITH LOCAL PORT AU- or more assessments concurrently. when such vessel— THORITIES, STATE HARBOR DIVI- (c) MULTIPLE ASSESSMENT REPORT.—The ‘‘(A) enters, or operates within, the inter- SIONS, AND LAW ENFORCEMENT nal waters of the United States and the ter- AGENCIES. Secretary shall provide written notice to the ritorial sea of the United States; or Section 70102 of title 46, United States Committee on Commerce, Science, and ‘‘(B) transfers such cargo or residue in any Code, is amended by adding at the end there- Transportation of the Senate and the Com- port or place, under the jurisdiction of the of the following: mittees on Transportation and Infrastruc- United States, within the territorial sea of ‘‘(c) SHARING OF ASSESSMENT INTEGRATION ture and Homeland Security of the House of the United States or the internal waters of OF PLANS AND EQUIPMENT.—The owner or op- Representatives whenever the Secretary con- erator of a facility, consistent with any Fed- ducts 2 or more assessments of the same port the United States. eral security restrictions, shall— within a 3-year period. ‘‘§ 70132. Credentialing standards, training, ‘‘(1) make a current copy of the vulner- SEC. 826. AREA TRANSPORTATION SECURITY IN- and certification for State and local sup- ability assessment conducted under sub- CIDENT MITIGATION PLAN. port for the enforcement of security zones section (b) available to the port authority Section 70103(b)(2) of title 46, United States for the transportation of especially haz- with jurisdiction of the facility and appro- Code, is amended— ardous cargo priate State or local law enforcement agen- (1) by redesignating subparagraphs (E) ‘‘(a) STANDARD.—The Commandant of the cies; and through (G) as subparagraphs (F) through Coast Guard shall establish, by regulation, ‘‘(2) integrate, to the maximum extent (H), respectively; and national standards for training and practical, any security system for the facil- (2) by inserting after subparagraph (D) the credentialing of law enforcement personnel— ity with compatible systems operated or following: ‘‘(1) to enforce a security zone; or

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‘‘(2) to assist in the enforcement of a secu- forcement personnel under section 70132 of ‘‘(d) AQUACULTURE WAIVER.— rity zone. this title.’’; ‘‘(1) PERMITTING OF NONQUALIFIED VESSELS ‘‘(b) TRAINING.— (2) by adding at the end of subsection (b) TO PERFORM CERTAIN AQUACULTURE SUPPORT ‘‘(1) The Commandant of the Coast Guard— the following: OPERATIONS.—Notwithstanding section 12113 ‘‘(A) shall develop and publish a training ‘‘(8) The cost of training law enforcement and any other law, the Secretary of Trans- curriculum for— personnel— portation may issue a waiver allowing a doc- ‘‘(i) law enforcement personnel to enforce a ‘‘(A) to enforce a security zone under sec- umented vessel with a registry endorsement security zone; tion 70132 of this title; or or a foreign flag vessel to be used in oper- ‘‘(ii) law enforcement personnel to enforce ‘‘(B) assist in the enforcement of a security ations that treat aquaculture fish for or pro- or assist in the enforcement of a security zone.’’; tect aquaculture fish from disease, parasitic zone; and (3) by adding at the end of subsection (c)(2) infestation, or other threats to their health ‘‘(iii) personnel who are employed or re- the following: if the Secretary finds, after publishing a no- tained by a facility or vessel owner to assist ‘‘(C) TRAINING.—There are no matching re- tice in the Federal Register, that a suitable in the enforcement of a security zone; and quirements for grants under subsection (a) to vessel of the United States is not available ‘‘(B) may— train law enforcement agency personnel in that could perform those services. ‘‘(i) test and deliver such training, the cur- the enforcement of security zones under sec- ‘‘(2) PROHIBITION.—Vessels operating under riculum for which is developed pursuant to tion 70132 of this title or in assisting in the a waiver issued under this subsection may subparagraph (A); enforcement of such security zones.’’; and not engage in any coastwise transpor- ‘‘(ii) enter into an agreement under which (4) by striking ‘‘2011’’ in subsection (l) and tation.’’. a public entity (including a Federal agency) inserting ‘‘2013’’. (2) IMPLEMENTING AND INTERIM REGULA- or private entity may test and deliver such (c) CONFORMING AMENDMENTS.— TIONS.—The Secretary of the department in training, the curriculum for which has been (1) SUBCHAPTER i DESIGNATION.—Chapter 701 which the Coast Guard is operating shall, in developed pursuant to subparagraph (A); and of title 46, United States Code, is amended by accordance with section 553 of title 5, United ‘‘(iii) may accept a program, conducted by inserting before section 70101 the following: States Code, and after public notice and a public entity (including a Federal agency) ‘‘SUBCHAPTER I—GENERAL’’. comment, promulgate regulations necessary or private entity, through which such train- and appropriate to implement this sub- ing is delivered the curriculum for which is (2) TABLE OF CONTENTS AMENDMENTS.—The table of contents for chapter 701 of title 46, section. The Secretary may grant interim developed pursuant to subparagraph (A). permits pending the issuance of such regula- ‘‘(2) Any Federal agency that provides such United States Code, is amended— (3) by inserting before the item relating to tions upon receipt of applications containing training, and any public or private entity the required information. that receives moneys, pursuant to section section 70101 the following: SEC. 902. CREW WAGES ON PASSENGER VESSELS. 70107(b)(8) of this title, to provide such train- ‘‘Subchapter I—General’’; and (a) FOREIGN AND INTERCOASTAL VOYAGES.— ing, shall provide such training— (4) by adding at the end the following: ‘‘(A) to law enforcement personnel who en- (1) CAP ON PENALTY WAGES.—Section ‘‘SUBCHAPTER II—PORT SECURITY ZONES 10313(g) of title 46, United States Code, is force or assist in the enforcement of a secu- ‘‘70131. Definitions rity zone; and amended— ‘‘70132. Credentialing standards, training, (A) by striking ‘‘When’’ and inserting ‘‘(1) ‘‘(B) on an availability basis to— and certification for State and ‘‘(i) law enforcement personnel who assist Subject to paragraph (2), when’’; and local support for the enforce- (B) by adding at the end the following: in the enforcement of a security zone; and ment of security zones for the ‘‘(ii) personnel who are employed or re- ‘‘(2) The total amount required to be paid transportation of especially under paragraph (1) with respect to all tained by a facility or vessel owner or oper- hazardous cargo’’. ator to assist in the enforcement of a secu- claims in a class action suit by seamen on a TITLE IX—MISCELLANEOUS PROVISIONS rity zone. passenger vessel capable of carrying more ‘‘(3) If a Federal agency provides the train- SEC. 901. WAIVERS. than 500 passengers for wages under this sec- ing, the head of such agency may, notwith- (a) GENERAL COASTWISE WAIVER.—Notwith- tion against a vessel master, owner, or oper- standing any other provision of law, accept standing section 12112 and chapter 551 of title ator or the employer of the seamen shall not payment from any source for such training, 46, United States Code, the Secretary of the exceed ten times the unpaid wages that are and any amount received as payment shall department in which the Coast Guard is op- the subject of the claims. be credited to the appropriation, current at erating may issue a certificate of docu- ‘‘(3) A class action suit for wages under the time of collection, charged with the cost mentation with a coastwise endorsement for this subsection must be commenced within thereof and shall be merged with, and avail- the following vessels: three years after the later of— able for, the same purposes of such appro- (1) ZIPPER (State of New York regulation ‘‘(A) the date of the end of the last voyage priation. number NY3205EB). for which the wages are claimed; or ‘‘(4) Notwithstanding any other provision (2) GULF DIVER IV (United States official ‘‘(B) the receipt, by a seaman who is a of law, any moneys, awarded by the Depart- number 553457). claimant in the suit, of a payment of wages ment of Homeland Security in the form of (b) GALLANT LADY.—Section 1120(c) of that are the subject of the suit that is made awards or grants, may be used by the recipi- the Coast Guard Authorization Act of 1996 in the ordinary course of employment.’’. ent to pay for training of personnel to assist (110 Stat. 3977) is amended— (2) DEPOSITS.—Section 10315 of such title is in the enforcement of security zones and lim- (1) in paragraph (1)— amended by adding at the end the following: ited access areas. (A) by striking ‘‘of Transportation’’ and in- ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By ‘‘(c) CERTIFICATION; TRAINING PARTNERS.— serting ‘‘of the department in which the written request signed by the seaman, a sea- In developing and delivering training under Coast Guard is operating’’; and man employed on a passenger vessel capable the training program, the Secretary, in co- (B) by striking subparagraph (A) and in- of carrying more than 500 passengers may ordination with the Maritime Administrator serting the following: authorize the master, owner, or operator of of the Department of Transportation, and ‘‘(A) the vessel GALLANT LADY (Feadship the vessel, or the employer of the seaman, to consistent with section 109 of the Maritime hull number 672, approximately 168 feet in make deposits of wages of the seaman into a Transportation Security Act of 2002 (46 length).’’; checking, savings, investment, or retirement U.S.C. 70101 note), shall— (2) by amending paragraph (3) to read as account, or other account to secure a payroll ‘‘(1) work with government training facili- follows: or debit card for the seaman if— ties, academic institutions, private organiza- ‘‘(3) CONDITION.—The only nonrecreational ‘‘(1) the wages designated by the seaman tions, employee organizations, and other en- activity authorized for the vessel referred to for such deposit are deposited in a United tities that provide specialized, state-of-the- in subparagraph (A) of paragraph (1) is the States or international financial institution art training for governmental and non- transportation of individuals on behalf of an designated by the seaman; governmental emergency responder pro- organization described in section 501(c)(3) of ‘‘(2) such deposits in the financial institu- viders or commercial seaport personnel and the Internal Revenue Code of 1986 and ex- tion are fully guaranteed under commonly management; empt from tax under section 501(a) of such accepted international standards by the gov- ‘‘(2) utilize, as appropriate, government Code, for which the owner of the vessel re- ernment of the country in which the finan- training facilities, courses provided by com- ceives no compensation.’’; cial institution is licensed; munity colleges, public safety academies, (3) by striking paragraph (4) and redesig- ‘‘(3) a written wage statement or pay stub, State and private universities, and other fa- nating paragraph (5) as paragraph (4); and including an accounting of any direct de- cilities; and (4) in paragraph (4) (as so redesignated) by posit, is delivered to the seaman no less ‘‘(3) certify organizations that offer the striking all after ‘‘shall expire’’ and insert- often than monthly; and curriculum for training and certification.’’. ing ‘‘on the date of the sale of the vessel by ‘‘(4) while on board the vessel on which the (b) GRANTS; ADMINISTRATION.—Section the owner.’’. seaman is employed, the seaman is able to 70107 of title 46, United States Code, is (c) ACTIVITY OF CERTAIN VESSELS.— arrange for withdrawal of all funds on de- amended— (1) IN GENERAL.—Section 12102 of title 46, posit in the account in which the wages are (1) by striking ‘‘services.’’ in subsection (a) United States Code, is amended by adding at deposited.’’. and inserting ‘‘services and to train law en- the end the following: (b) COASTWISE VOYAGES.—

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(1) CAP ON PENALTY WAGES.—Section (8) in section 902(h)(1) (120 Stat. 567)— Science, and Transportation of the Senate 10504(c) of such title is amended— (A) by striking ‘‘Bisti/De-Na-Zin’’ and all and the Committee on Transportation and (A) by striking ‘‘When’’ and inserting ‘‘(1) that follows through ‘‘Protection’’ and in- Infrastructure of the House of Representa- Subject to subsection (d), and except as pro- serting ‘‘Omnibus Parks and Public Lands tives a comprehensive study on the proposed vided in paragraph (2), when’’; and Management’’; and construction or alteration of any bridge, (B) by inserting at the end the following: (B) by inserting a period after ‘‘Com- drawbridge, or causeway over navigable wa- ‘‘(2) The total amount required to be paid mandant of the Coast Guard’’; and ters with a channel depth of 25 feet or great- under paragraph (1) with respect to all (9) in section 902(k) (120 Stat. 568) is er of the United States that may impede or claims in a class action suit by seamen on a amended— obstruct future navigation to or from port passenger vessel capable of carrying more (A) by inserting ‘‘the Act of March 23, 1906, facilities. than 500 passengers for wages under this sec- commonly known as’’ before ‘‘the General SEC. 906. LIMITATION ON JURISDICTION OF tion against a vessel master, owner, or oper- Bridge’’; STATES TO TAX CERTAIN SEAMEN. ator or the employer of the seamen shall not (B) by striking ‘‘491)’’ and inserting ‘‘494),’’; Section 11108(b)(2)(B) of title 46, United exceed ten times the unpaid wages that are and States Code, is amended to read as follows: the subject of the claims. (C) by inserting ‘‘each place it appears’’ be- ‘‘(3) A class action suit for wages under ‘‘(B) who performs regularly assigned du- fore ‘‘and inserting’’. ties while engaged as a master, officer, or this subsection must be commenced within (b) TITLE 14.— three years after the later of— crewman on a vessel operating on navigable (1) The analysis for chapter 7 of title 14, waters in 2 or more States.’’. ‘‘(A) the date of the end of the last voyage United States Code, is amended by adding a for which the wages are claimed; or SEC. 907. LAND CONVEYANCE, COAST GUARD period at the end of the item relating to sec- PROPERTY IN MARQUETTE COUNTY, ‘‘(B) the receipt, by a seaman who is a tion 149. claimant in the suit, of a payment of wages MICHIGAN, TO THE CITY OF MAR- (2) The analysis for chapter 17 of title 14, QUETTE, MICHIGAN. that are the subject of the suit that is made United States Code, is amended by adding a in the ordinary course of employment.’’. (a) CONVEYANCE AUTHORIZED.— period at the end of the item relating to sec- (1) IN GENERAL.—The Commandant of the (2) DEPOSITS.—Section 10504 of such title is tion 677. Coast Guard may convey as surplus property, amended by adding at the end the following: (3) The analysis for chapter 9 of title 14, ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On under section 550 of title 40, United States United States Code, is amended by adding a written request signed by the seaman, a sea- Code, and other relevant Federal Laws gov- period at the end of the item relating to sec- man employed on a passenger vessel capable erning the disposal of Federal surplus prop- tion 198. of carrying more than 500 passengers may erty, to the City of Marquette, Michigan (in (4) Section 182 of title 14, United States authorize, the master, owner, or operator of this section referred to as the ‘‘City’’), all the vessel, or the employer of the seaman, to Code, is amended by striking the third sen- right, title, and interest of the United States make deposits of wages of the seaman into a tence. in and to a parcel of real property, together (c) TITLE 46.— checking, savings, investment, or retirement with any improvements thereon, located in (1) The analysis for chapter 81 of title 46, account, or other account to secure a payroll Marquette County, Michigan, that is under United States Code, is amended by adding a or debit card for the seaman if— the administrative control of the Coast period at the end of the item relating to sec- ‘‘(1) the wages designated by the seaman Guard, consisting of approximately 5.5 acres tion 8106. for such deposit are deposited in a United of real property, as depicted on the Van (2) Section 70105(c)(3)(C) of such title is States or international financial institution Neste survey (#204072), dated September 7, amended by striking ‘‘National Intelligence designated by the seaman; 2006, together with the land between the in- Director’’ and inserting ‘‘Director of Na- ‘‘(2) such deposits in the financial institu- termediate traverse line as shown on such tional Intelligence’’. tion are fully guaranteed under commonly survey and the ordinary high water mark, (d) DEEPWATER PORT ACT OF 1974.—Section the total comprising 9 acres, more or less, accepted international standards by the gov- 5(c)(2) of the Deepwater Port Act of 1974 (33 and commonly identified as Coast Guard ernment of the country in which the finan- U.S.C. 1504(c)(2)) is amended by aligning the Station Marquette and Lighthouse Point. cial institution is licensed; left margin of subparagraph (K) with the left (2) COSTS OF CONVEYANCE.—The responsi- ‘‘(3) a written wage statement or pay stub, margin of subparagraph (L). bility for all reasonable and necessary costs, including an accounting of any direct de- (e) OIL POLLUTION ACT OF 1990.— posit, is delivered to the seaman no less (1) Section 1004(a)(2) of the Oil Pollution including real estate transaction and envi- often than monthly; and Act of 1990 (33 U.S.C. 2704(a)(2)) is amended ronmental documentation costs, associated ‘‘(4) while on board the vessel on which the by striking the first comma following with the transaction shall be determined by seaman is employed, the seaman is able to ‘‘$800,000’’. the Commandant of the Coast Guard and the arrange for withdrawal of all funds on de- (2) The table of sections in section 2 of City. posit in the account in which the wages are such Act is amended by inserting a period at (b) RETENTION OF CERTAIN EASEMENTS.—In deposited.’’. the end of the item relating to section 7002. conveying the property under subsection (a), SEC. 903. TECHNICAL CORRECTIONS. (f) COAST GUARD AUTHORIZATION ACT OF the Commandant of the Coast Guard may re- (a) COAST GUARD AND MARITIME TRANSPOR- 1996.—The table of sections in section 2 of tain such easements over the property as the TATION ACT OF 2006.—Effective with enact- the Coast Guard Authorization Act of 1996 is Commandant considers appropriate for ac- ment of the Coast Guard and Maritime amended in the item relating to section 103 cess to aids to navigation. Transportation Act of 2006 (Public Law 109– by striking ‘‘reports’’ and inserting ‘‘re- (c) LIMITATIONS.—The property to be con- 241), such Act is amended— port’’. veyed under subsection (a) may not be con- (1) in section 311(b) (120 Stat. 530) by insert- SEC. 904. MANNING REQUIREMENT. veyed under that subsection until— ing ‘‘paragraphs (1) and (2) of’’ before ‘‘sec- Section 421 of the Coast Guard and Mari- (1) the Coast Guard has relocated Coast tion 8104(o)’’; time Transportation Act of 2006 (Public Law Guard Station Marquette to a newly con- (2) in section 603(a)(2) (120 Stat. 554) by 109–241; 120 Stat. 547) is amended— structed station; striking ‘‘33 U.S.C. 2794(a)(2)’’ and inserting (1) in subsection (a), by striking ‘‘in the 48- (2) any environmental remediation re- ‘‘33 U.S.C. 2704(a)(2)’’; month period beginning on the date of enact- quired under Federal law with respect to the (3) in section 901(r)(2) (120 Stat. 566) by ment of this Act if,’’ and inserting ‘‘until the property has been completed; and striking ‘‘the’’ the second place it appears; date of expiration of this section if,’’; (3) the Commandant of the Coast Guard de- (4) in section 902(c) (120 Stat. 566) by insert- (2) in subsection (b), by striking ‘‘Sub- termines that retention of the property by ing ‘‘of the United States’’ after ‘‘Revised section (a)(1)’’ and inserting ‘‘Subsection the United States is not required to carry Statutes’’; (a)’’; out Coast Guard missions or functions. (5) in section 902(e) (120 Stat. 567) is amend- (3) in subsection (d), by striking ‘‘48 (d) CONDITIONS OF TRANSFER.—All condi- ed— months after the date of enactment of this tions placed within the deed of title of the (A) by inserting ‘‘and’’ after the semicolon Act.’’ and inserting ‘‘on December 31, 2012.’’; property to be conveyed under subsection (a) at the end of paragraph (1); and shall be construed as covenants running with (B) by striking ‘‘and’’ at the end of para- (4) by redesignating subsection (e) as sub- the land. graph (2)(A); and section (f) and inserting after subsection (d) (e) DESCRIPTION OF PROPERTY.—The exact (C) by redesignating paragraphs (3) and (4) the following: acreage and legal description of the property as subparagraphs (C) and (D) of paragraph ‘‘(e) SAFETY INSPECTIONS.—A vessel may to be conveyed under subsection (a) shall be (2), respectively, and aligning the left mar- not engage a foreign citizen to meet a man- determined by a survey satisfactory to the gin of such subparagraphs with the left mar- ning requirement under this section unless it Commandant of the Coast Guard. gin of subparagraph (A) of paragraph (2); has an annual safety examination by an indi- (f) ADDITIONAL TERMS AND CONDITIONS.— (6) in section 902(e)(2)(C) (as so redesig- vidual authorized to enforce part B of sub- The Commandant of the Coast Guard may nated) by striking ‘‘this section’’ and insert- title II of title 46, United States Code.’’. require such additional terms and conditions ing ‘‘this paragraph’’; SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE in connection with the conveyance author- (7) in section 902(e)(2)(D) (as so redesig- WATERS. ized by subsection (a) as the Commandant nated) by striking ‘‘this section’’ and insert- The Commandant of the Coast Guard shall considers appropriate to protect the inter- ing ‘‘this paragraph’’; submit to the Committee on Commerce, ests of the United States.

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.159 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7133 SEC. 908. MISSION REQUIREMENT ANALYSIS FOR those contained in subtitle II of title 46, (A) by a State, pursuant to an agreement NAVIGABLE PORTIONS OF THE RIO United States Code, and regulations issued entered into under to this section; or GRANDE RIVER, TEXAS, INTER- thereunder; (B) by the Secretary, pursuant to section NATIONAL WATER BOUNDARY. (2) includes— 8903 of title 46, United States Code, Not later than 90 days after the date of the (A) standards for chemical testing for such then the individual shall be entitled to law- enactment of this Act, the Secretary of the operators; fully operate an uninspected passenger vessel department in which the Coast Guard is op- (B) physical standards for such operators; on Lake Texoma in Texas and Oklahoma erating shall prepare a mission requirement (C) professional service and training re- without further requirement to hold an addi- analysis for the navigable portions of the Rio quirements for such operators; and tional operator’s license. Grande River, Texas, international water (D) criminal history background check for (d) TERMINATION.— boundary. The analysis shall take into ac- such operators; (1) If— count the Coast Guard’s involvement on the (A) the Secretary finds that the State plan Rio Grande River by assessing Coast Guard (3) provides for the suspension and revocation of State licenses; for the licensing the operators of missions, assets, and personnel assigned uninspected passenger vessels— along the Rio Grande River. The analysis (4) makes an individual, who is ineligible for a license issued under title 46, United (i) does not meet the equivalent standards shall also identify what would be needed for of safety and protection of the environment the Coast Guard to increase search and res- States Code, ineligible for a State license; and as those contained in subtitle II of title 46, cue operations, migrant interdiction oper- United States Code, and regulations issued ations, and drug interdiction operations. In (5) provides for a report that includes— thereunder; carrying out this section, the Secretary shall (A) the number of applications that, for (ii) does not include— work with all appropriate entities to facili- the preceding year, the State rejected due to (I) standards for chemical testing for such tate the collection of information under this failure to— operators, section as necessary and shall report the (i) meet chemical testing standards; (II) physical standards for such operators, analysis to the Congress. (ii) meet physical standards; (iii) meet professional service and training (III) professional service and training re- SEC. 909. CONVEYANCE OF COAST GUARD PROP- quirements for such operators, or ERTY IN CHEBOYGAN, MICHIGAN. requirements; and (IV) background and criminal investiga- (a) CONVEYANCE AUTHORIZED.—Notwith- (iv) pass criminal history background standing any other provision of law, the check for such operators; tions for such operators; Commandant of the Coast Guard is author- (B) the number of licenses that, for the (iii) does not provide for the suspension ized to convey, at fair market value, all preceding year, the State issued; and revocation of State licenses; or right, title, and interest of the United States (C) the number of license investigations (iv) does not make an individual, who is in- in and to a parcel of real property, consisting that, for the preceding year, the State con- eligible for a license issued under title 46, of approximately 3 acres, more or less, that ducted; United States Code, ineligible for a State li- is under the administrative control of the (D) the number of licenses that, for the cense; or Coast Guard and located at 900 S. Western preceding year, the State suspended or re- (B) the Governor (or the Governor’s des- Avenue in Cheboygan, Michigan. voked, and the cause for such suspensions or ignee) fails to report pursuant to subsection (b) RIGHT OF FIRST REFUSAL.—The Corner- revocations; and (b), stone Christian Academy, located in Che- (E) the number of injuries, deaths, colli- the Secretary shall terminate the agreement boygan, MI, shall have the right of first re- sions, and loss or damage associated with authorized by this section, provided that the fusal to purchase, at fair market value, all or uninspected passenger vessels operations Secretary provides written notice to the a portion of the real property described in that, for the preceding year, the State inves- Governor of the State 60 days in advance of subsection (a). tigated. termination. The findings of fact and conclu- (c) DESCRIPTION OF PROPERTY.—The exact (b) ADMINISTRATION.— sions of the Secretary, if based on a prepon- acreage and legal description of the property (1) The Governor of the State may delegate derance of the evidence, shall be conclusive. to be conveyed under subsection (a) shall be the execution and enforcement of the State (2) The Governor of the State may termi- determined by a survey satisfactory to the plan, including the authority to license and nate the agreement authorized by this sec- Commandant of the Coast Guard. the duty to report information pursuant to tion, provided that the Governor provides (d) FAIR MARKET VALUE.—The fair market subsection (a), to any subordinate State offi- written notice to the Secretary 60 days in value of the property shall be— cer. The Governor shall provide, to the Sec- advance of the termination date. (1) determined by appraisal, in accordance retary, written notice of any delegation. (e) EXISTING AUTHORITY.—Nothing in this with the Uniform Appraisal Standards for (2) The Governor (or the Governor’s des- section shall affect or diminish the authority Federal Land Acquisitions and the Uniform ignee) shall provide written notice of any or jurisdiction of any Federal or State offi- Standards of Professional Appraisal Prac- amendment to the State plan no less than 45 cer to investigate, or require reporting of, tice; and days prior to the effective date of such marine casualties. (2) subject to the approval of the Com- amendment. (f) DEFINITIONS.—For the purposes of this mandant. (3) At the request of the Secretary, the section, the term ‘‘uninspected passenger (e) COSTS OF CONVEYANCE.—The responsi- Governor of the State (or the Governor’s des- vessel’’ has the same meaning such term has bility for all reasonable and necessary costs, ignee) shall grant, on a biennial basis, the in section 2101(42)(B) of title 46, United including real estate transaction and envi- Secretary access to State records and State States Code. ronmental documentation costs, associated personnel for the purpose of auditing State SEC. 911. STRATEGY REGARDING DRUG TRAF- with the transaction shall be determined by execution and enforcement of the State plan. FICKING VESSELS. Within 180 days after the date of enact- the Commandant of the Coast Guard and the (c) APPLICATION.— ment of this Act, the Secretary of the de- purchaser. (1) The requirements of section 8903 of title partment in which the Coast Guard is oper- (f) ADDITIONAL TERMS AND CONDITIONS.— 46, United States Code, and the regulations ating, acting through the Commandant of The Commandant of the Coast Guard may issued thereunder shall not apply to any per- the Coast Guard, shall submit a report to require such additional terms and conditions son operating under the authority of a State in connection with the conveyance under Congress on its comprehensive strategy to license issued pursuant to an agreement combat the illicit flow of narcotics, weapons, subsection (a) as is considered appropriate to under this section. protect the interests of the United States. bulk cash, and other contraband through the (2) The State shall not compel a person, op- use of submersible and semi-submersible ves- SEC. 910. ALTERNATIVE LICENSING PROGRAM erating under the authority of a license FOR OPERATORS OF UNINSPECTED sels. The strategy shall be developed in co- PASSENGER VESSELS ON LAKE issued either by another State, pursuant to a ordination with other Federal agencies en- TEXOMA IN TEXAS AND OKLAHOMA. valid agreement under this section, or by the gaged in detection, interdiction, or appre- (a) IN GENERAL.—Upon the request of the Secretary, pursuant to section 8903 of title hension of such vessels. At a minimum, the Governor of the State of Texas or the Gov- 46, United States Code, to— report shall include the following: ernor of the State of Oklahoma, the Sec- (A) hold a license issued by the State, pur- (1) An assessment of the threats posed by retary of the department in which the Coast suant to an agreement under this section; or submersible and semi-submersible vessels, Guard is operating shall enter into an agree- (B) pay any fee, associated with licensing, including the number of such vessels that ment with the Governor of the State where- because the person does not hold a license have been detected or interdicted. by the State shall license operators of issued by the State, pursuant to an agree- (2) Information regarding the Federal per- uninspected passenger vessels operating on ment under this section. sonnel, technology and other resources avail- Lake Texoma in Texas and Oklahoma in lieu Nothing in this paragraph shall limit the au- able to detect and interdict such vessels. of the Secretary issuing the license pursuant thority of the State to impose requirements (3) An explanation of the Coast Guard’s to section 8903 of title 46, United States or fees for privileges, other than licensing, plan, working with other Federal agencies as Code, and the regulations issued thereunder, that are associated with the operation of appropriate, to detect and interdict such ves- but only if the State plan for licensing the uninspected passenger vessels on Lake sels. operators of uninspected passenger vessels— Texoma. (4) An assessment of additional personnel, (1) meets the equivalent standards of safe- (3) For the purpose of enforcement, if an technology, or other resources necessary to ty and protection of the environment as individual is issued a license— address such vessels.

VerDate Mar 15 2010 07:43 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.159 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7134 CONGRESSIONAL RECORD — HOUSE September 28, 2010 SEC. 912. USE OF FORCE AGAINST PIRACY. (C) by striking subparagraph (D). aids, and the need to replace such aids, in- (a) IN GENERAL.—Chapter 81 of title 46, (2) Section 31330(a)(2) is amended— stall additional aids, or both; and United States Code, is amended by adding at (A) by inserting ‘‘or’’ after the semicolon (2) submit a report on the assessment re- the end the following new section: in subparagraph (B); quired by this section to the committees. ‘‘§ 8107. Use of force against piracy (B) by striking ‘‘faith; or’’ in subparagraph (c) SUBMISSION OF PLAN.—Within 180 days ‘‘(a) LIMITATION ON LIABILITY.—An owner, (C) and inserting ‘‘faith.’’; and after the date of enactment of this Act, the operator, time charterer, master, mariner, or (C) by striking subparagraph (D). Commandant shall submit a plan to the com- individual who uses force or authorizes the SEC. 914. CONVEYANCE OF COAST GUARD VES- mittees to address the needs identified under use of force to defend a vessel of the United SELS FOR PUBLIC PURPOSES. subsection (b). States against an act of piracy shall not be (a) IN GENERAL.—Whenever the transfer of SEC. 916. FRESNEL LENS FROM PRESQUE ISLE liable for monetary damages for any injury ownership of a Coast Guard vessel or aircraft to an eligible entity for use for educational, LIGHT STATION IN PRESQUE ISLE, or death caused by such force to any person MICHIGAN. engaging in an act of piracy if such force was cultural, historical, charitable, recreational, in accordance with standard rules for the use or other public purposes is authorized by law (a) DETERMINATION; ANALYSES.— of force in self-defense of vessels prescribed or declared excess by the Commandant, the (1) DETERMINATION.—The Commandant of by the Secretary. Coast Guard shall transfer the vessel or air- the Coast Guard shall determine the neces- ‘‘(b) PROMOTION OF COORDINATED ACTION.— craft to the General Services Administration sity and adequacy of the existing Federal To carry out the purpose of this section, the for conveyance to the eligible entity. aids to navigation at Presque Isle Light Sta- Secretary of the department in which the (b) CONDITIONS OF CONVEYANCE.—The Gen- tion, Presque Isle, Michigan (hereinafter Coast Guard is operating shall work through eral Services Administration may not con- ‘‘Light Station’’), and submit such deter- the International Maritime Organization to vey a vessel or aircraft to an eligible entity mination to the Committee on Transpor- establish agreements to promote coordinated as authorized by law unless the eligible enti- tation and Infrastructure of the House of action among flag- and port-states to deter, ty agrees— Representatives and the Committee on Com- protect against, and rapidly respond to pi- (1) to provide the documentation needed by merce, Science, and Transportation of the racy against the vessels of, and in the waters the General Services Administration to proc- Senate. The Commandant may base such de- under the jurisdiction of, those nations, and ess a request for aircraft or vessels under termination on the Waterways Analysis and to ensure limitations on liability similar to section 102.37.225 of title 41, Code of Federal Management System study of such Federal those established by subsection (a). Regulations; aid to navigation, provided that such study ‘‘(c) DEFINITION.—For the purpose of this (2) to comply with the special terms, condi- was completed not more than one year prior section, the term ‘act of piracy’ means any tions, and restrictions imposed on aircraft to the date of enactment of this section. act of aggression, search, restraint, depreda- and vessels under section 102-37.460 of such (2) ANALYSES.—The Commandant of the tion, or seizure attempted against a vessel of title; Coast Guard shall conduct— the United States by an individual not au- (3) to make the vessel available to the (A) an analysis of the feasibility of restor- thorized by the United States, a foreign gov- United States Government if it is needed for ing the Fresnel Lens from the Light Station ernment, or an international organization use by the Commandant of the Coast Guard to operating condition, the capacity of the recognized by the United States to enforce in time of war or a national emergency; and Coast Guard to maintain the Fresnel Lens as law on the high seas.’’. (4) to hold the United States Government a Federal aid to navigation, and the impact (b) CLERICAL AMENDMENT.—The analysis at harmless for any claims arising from expo- on the Fresnel Lens as an artifact if used as the beginning of such chapter is amended by sure to hazardous materials, including asbes- a Federal aid to navigation; and adding at the end the following new item: tos and polychlorinated biphenyls, that oc- (B) a comparative analysis of the cost of ‘‘8107. Use of force against piracy.’’. curs after conveyance of the vessel, except restoring, reinstalling, operating, and main- for claims arising from use of the vessel by taining the Fresnel Lens (including life-cycle (c) STANDARD RULES FOR THE USE OF FORCE the United States Government under para- costs) and the cost of operating and main- FOR SELF-DEFENSE OF VESSELS OF THE graph (3). taining the existing Federal aid to naviga- UNITED STATES.—Not later than 180 days tion at the Light Station (including life- after the date of enactment of this act, the (c) OTHER OBLIGATIONS UNAFFECTED.— cycle costs). secretary of the department in which the Nothing in this section amends or affects (3) SUBMISSION.—Not later than 1 year after coast guard is operating, in consultation any obligation of the Coast Guard or any other person under the Toxic Substances the date of enactment of this section, the with representatives of industry and labor, Commandant of the Coast Guard shall sub- shall develop standard rules for the use of Control Act (15 U.S.C. 2601 et seq.) or any other law regarding use or disposal of haz- mit the determination and analyses, con- force for self-defense of vessels of the United ducted pursuant to this subsection, to the States ardous materials including asbestos and polychlorinated biphenyls. Committee on Transportation and Infra- SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER (d) ELIGIBLE ENTITY DEFINED.—In this sec- structure of the House of Representatives 313 OF TITLE 46, UNITED STATES and the Committee on Commerce, Science, CODE. tion, the term ‘‘eligible entity’’ means a and Transportation of the Senate. (a) IN GENERAL.—Chapter 313 of title 46, State or local government, nonprofit cor- United States Code, is amended— poration, educational agency, community (b) TRANSFER POSSESSION OF LENS AUTHOR- (1) by striking ‘‘of Transportation’’ in sec- development organization, or other entity IZED.— tions 31302, 31306, 31321, 31330, and 31343 each that agrees to comply with the conditions (1) TRANSFER OF POSSESSION.—Notwith- place it appears; established under this section. standing any other provision of law, the (2) by striking ‘‘and’’ after the semicolon SEC. 915. ASSESSMENT OF CERTAIN AIDS TO Commandant of the Coast Guard may trans- in section 31301(5)(F); NAVIGATION AND TRAFFIC FLOW. fer to the Township of Presque Isle, Michi- (3) by striking ‘‘office.’’ in section 31301(6) (a) INFORMATION ON USAGE.—Within 60 days gan (hereinafter ‘‘Township’’), possession of and inserting ‘‘office; and’’; and after the date of enactment of this Act, the the Fresnel Lens from the Light Station for (4) by adding at the end of section 31301 the Commandant of the Coast Guard shall— the purpose of conserving and displaying following: (1) determine the types and numbers of such Fresnel Lens as an artifact in an exhi- ‘‘(7) ‘Secretary’ means the Secretary of the vessels typically transiting or utilizing that bition facility at or near the Light Station. Department of Homeland Security, unless portion of the Atlantic Intracoastal Water- (2) CONDITION.—As a condition of the trans- otherwise noted.’’. way beginning at a point that is due East of fer of possession pursuant to paragraph (1)— (b) SECRETARY AS MORTGAGEE.—Section the outlet of the Cutler Drain Canal C–100 in (A) all Federal aids to navigation located 31308 of such title is amended by striking Dade County, Florida, and ending at the at, on, or in the Light Station in operation ‘‘When the Secretary of Commerce or Trans- Dade County line, during a period of 30 days; on the date of transfer of possession shall re- portation is a mortgagee under this chapter, and main the personal property of the United the Secretary’’ and inserting ‘‘The Secretary (2) provide the information on usage com- States and continue to be operated and of Commerce or Transportation, as a mort- piled under this subsection to the Senate maintained by the United States for as long gagee under this chapter,’’. Committee on Commerce, Science, and as needed for navigational purposes; (c) SECRETARY OF TRANSPORTATION.—Sec- Transportation and the House of Representa- (B) there is reserved to the United States tion 31329(d) of such title is amended by tives Committee on Transportation and In- the right to maintain, remove, replace, or in- striking ‘‘Secretary.’’ and inserting ‘‘Sec- frastructure. stall any Federal aid to navigation located retary of Transportation.’’. (b) ASSESSMENT OF CERTAIN AIDS TO NAVI- at, on, or in the Light Station as may be nec- (d) MORTGAGEE.— GATION.—Within 90 days after the date of en- essary for navigational purposes; and (1) Section 31330(a)(1) of such title, as actment of this Act, the Commandant of the (C) the Township shall neither interfere amended by subsection (a)(1) of this section, Coast Guard shall— nor allow interference in any manner with is amended— (1) review and assess the buoys, markers, any Federal aid to navigation, nor hinder ac- (A) by inserting ‘‘or’’ after the semicolon and other aids to navigation in and along tivities required for the operation and main- in subparagraph (B); that portion of the Atlantic Intracoastal Wa- tenance of any Federal aid to navigation. (B) by striking ‘‘Secretary; or’’ in subpara- terway specified in subsection (a), to deter- (3) ALTERNATIVE DISPLAY.— graph (C) and inserting ‘‘Secretary.’’; and mine the adequacy and sufficiency of such (A) In the event that—

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(i) the Commandant of the Coast Guard, (i) ADDITIONAL TERMS AND CONDITIONS.— for studies and reports that can be conducted pursuant to a Waterways Analysis and Man- The Commandant may require such addi- or completed during the fiscal year con- agement System study, discontinues the ex- tional terms and conditions in connection sistent with this limitation and shall post isting Federal aids to navigation at, on, or in with the conveyance or transfer of personal the list on the Coast Guard’s public website. the Light Station; and property of the United States (including the SEC. 920. COMPLIANCE PROVISION. (ii) the Township demonstrates to the sat- Fresnel Lens) authorized by this section as The budgetary effects of this Act, for pur- isfaction of the Commandant that the Town- the Commandant considers appropriate to poses of complying with the Statutory Pay- ship can restore, reinstall, and display the protect the interests of the United States. As-You-Go Act of 2010, shall be determined Fresnel Lens from the Light Station in the SEC. 917. MARITIME LAW ENFORCEMENT. by reference to the latest statement titled lantern room of such Light Station in a (a) PENALTIES.—Section 2237(b) of title 18, ‘‘Budgetary Effects of PAYGO Legislation’’ manner that conserves such Fresnel Lens as United States Code, is amended to read as for this Act, jointly submitted for printing an artifact; follows: in the Congressional Record by the Chairmen the Township is authorized, notwithstanding ‘‘(b) Whoever knowingly violates this sec- of the House and Senate Budget Committees, paragraph (1), to display such Fresnel Lens tion shall— provided that such statement has been sub- in the lantern room of such Light Station. ‘‘(1) if the offense results in death or in- mitted prior to the vote on passage in the (B) Nothing in this paragraph shall be con- volves kidnapping, an attempt to kidnap or House acting first on this conference report strued to prevent the Township from install- kill, conduct required for an offense or an at- or amendments between the Houses. ing a replica of the Fresnel Lens in the lan- tempt to commit an offense, under section SEC. 921. CONVEYANCE OF COAST GUARD PROP- tern room of such Light Station. 2241 (relating to aggravated sexual abuse) ERTY IN PORTLAND, MAINE. (c) CONVEYANCE, TRANSFER OF ADDITIONAL without regard to where it takes place, or an Section 347 of the Maritime Transportation PERSONAL PROPERTY.—Notwithstanding any attempt to kill, be fined under this title or Security Act of 2002 (116 Stat. 2108; as amend- other provision of law, the Commandant may imprisoned for any term of years or life, or ed by section 706 of Public Law 109–347 (120 convey or transfer possession of any personal both; Stat. 1946)) is amended in subsection (i), by property of the United States, pertaining to ‘‘(2) if the offense results in serious bodily adding at the end the following new para- the Fresnel Lens or the Light Station, as an injury (as defined in section 1365), be fined graph: artifact to the Township. under this title or imprisoned for not more ‘‘(3) PUBLIC AQUARIUM.—For purposes of (d) TERMS; REVERSIONARY INTEREST.—As a than 15 years, or both; this section, the term ‘aquarium’ or ‘public condition of transfer of possession of per- ‘‘(3) if the offense involves knowing trans- aquarium’ as used in this section or in the sonal property of the United States, pursu- portation under inhumane conditions and is deed delivered to the Corporation or any ant to subsection (c), the Commandant may committed in the course of a violation of agreement entered into pursuant to this sec- require the Township to comply with terms section 274 of the Immigration and Nation- tion, means any new building constructed by and conditions necessary to protect and con- ality Act; chapter 77 or section 111, 111A, 113, the Corporation adjacent to the pier and serve such personal property. Upon notice or 117 of this title; chapter 705 of title 46; or bulkhead in compliance with the waterfront that the Commandant has determined that title II of the Act of June 15, 1917 (Chapter 30; provisions of the City of Portland Code of Or- the Township has not complied with such 40 Stat. 220), be fined under this title or im- dinances.’’. terms and conditions, the Township shall imprisoned for not more than 15 years, or both; mediately transfer possession of such per- and TITLE X—CLEAN HULLS sonal property to the Coast Guard, except to ‘‘(4) in any other case, be fined under this Subtitle A—General Provisions the extent otherwise approved by the Com- title or imprisoned for not more than 5 SEC. 1011. DEFINITIONS. mandant. years, or both.’’. In this title: (e) CONVEYANCE WITHOUT CONSIDERATION.— (b) DEFINITION.—Section 2237(e) of title 18, (1) ADMINISTRATOR.—The term ‘‘Adminis- The conveyance or transfer of possession of United States Code is amended— trator’’ means the Administrator of the En- any personal property of the United States (1) by amending paragraph (3) to read as (including the Fresnel Lens) under this sec- vironmental Protection Agency. follows: (2) ANTIFOULING SYSTEM.—The term tion shall be without consideration. ‘‘(3) the term ‘vessel subject to the juris- (f) DELIVERY OF PROPERTY.—The Com- ‘‘antifouling system’’ means a coating, diction of the United States’ has the mean- mandant shall deliver any personal property, paint, surface treatment, surface, or device ing given the term in section 70502 of title conveyed or transferred pursuant to this sec- that is used or intended to be used on a ves- 46;’’; tion (including the Fresnel Lens)— sel to control or prevent attachment of un- (2) in paragraph (4), by striking ‘‘section 2 (1) at the place where such property is lo- wanted organisms. of the Maritime Drug Law Enforcement Act cated on the date of the conveyance; (3) CONVENTION.—The term ‘‘Convention’’ (46 U.S.C. App. 1903).’’ and inserting ‘‘section (2) in condition on the date of conveyance; means the International Convention on the 70502 of title 46; and’’; and and Control of Harmful Anti-Fouling Systems on (3) by adding at the end the following new (3) without cost to the United States. Ships, 2001, including its annexes, and in- paragraph: (g) MAINTENANCE OF PROPERTY.—As a concluding any amendments to the Convention dition of the transfer of possession of the ‘‘(5) the term ‘transportation under inhu- or annexes which have entered into force for Fresnel Lens and any other personal prop- mane conditions’ means— the United States. erty of the United States to the Township ‘‘(A) transportation— (4) FPSO.—The term ‘‘FPSO’’ means a under this section, the Commandant shall ‘‘(i) of one or more persons in an engine floating production, storage, or offloading enter into an agreement with the Township compartment, storage compartment, or unit. under which the Township agrees to hold the other confined space; (5) FSU.—The term ‘‘FSU’’ means a float- United States harmless for any claim arising ‘‘(ii) at an excessive speed; or ing storage unit. with respect to the Fresnel Lens or such per- ‘‘(iii) of a number of persons in excess of (6) GROSS TONNAGE.—The term ‘‘gross ton- sonal property. the rated capacity of the vessel; or nage’’ as defined in chapter 143 of title 46, (h) LIMITATION ON FUTURE TRANSFERS.— ‘‘(B) intentional grounding of a vessel in United States Code, means the gross tonnage The instruments providing for the transfer of which persons are being transported.’’. calculated in accordance with the tonnage possession of the Fresnel Lens or any other SEC. 918. CAPITAL INVESTMENT PLAN. measurement regulations contained in annex personal property of the United States under The Commandant of the Coast Guard shall 1 to the International Convention on Ton- this section shall— submit to the Committee on Transportation nage Measurement of Ships, 1969. (1) require that any further transfer of an and Infrastructure and the Committee on (7) INTERNATIONAL VOYAGE.—The term interest in the Fresnel Lens or personal Commerce, Science, and Transportation of ‘‘international voyage’’ means a voyage by a property may not be made without the ad- the Senate the Coast Guard’s 5-year capital vessel entitled to fly the flag of one country vance approval of the Commandant; and investment plan concurrent with the Presi- to or from a port, shipyard, offshore ter- (2) provide that, if the Commandant deter- dent’s budget submission for each fiscal minal, or other place under the jurisdiction mines that an interest in the Fresnel Lens or year. of another country. personal property was transferred without SEC. 919. REPORTS. (8) ORGANOTIN.—The term ‘‘organotin’’ such approval— Notwithstanding any other provision of means any compound or additive of tin (A) all right, title, and interest in the law, in fiscal year 2011 the total amount of bound to an organic ligand, that is used or Fresnel Lens or personal property shall re- appropriated funds obligated or expended by intended to be used as biocide in an vert to the United States, and the United the Coast Guard during any fiscal year in antifouling system. States shall have the right to immediate connection with any study or report required (9) PERSON.—The term ‘‘person’’ means— possession of the Fresnel Lens or personal by law may not exceed the total amount of (A) any individual, partnership, associa- property; and appropriated funds obligated or expended by tion, corporation, or organized group of per- (B) the recipient of the Fresnel Lens or the Coast Guard for such purpose in fiscal sons whether incorporated or not; personal property shall pay the United year 2010. In order to comply with the re- (B) any department, agency, or instrumen- States for costs incurred by the United quirements of this limitation, the Com- tality of the United States, except as pro- States in recovering the Fresnel Lens or per- mandant of the Coast Guard shall establish vided in section 3(b)(2); or sonal property. for each fiscal year a rank order of priority (C) any other government entity.

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(10) SECRETARY.—The term ‘‘Secretary’’ force regulations as may be necessary to (1) participate in the technical group de- means the Secretary of the department in carry out their respective responsibilities scribed in Article 7 of the Convention, and in which the Coast Guard is operating. under this title. any other body convened pursuant to the (11) SELL OR DISTRIBUTE.—The term ‘‘sell or SEC. 1014. COMPLIANCE WITH INTERNATIONAL Convention for the consideration of new or distribute’’ means to distribute, sell, offer LAW. additional controls on antifouling systems; for sale, hold for distribution, hold for sale, Any action taken under this title shall be (2) evaluate any risks of adverse effects on hold for shipment, ship, deliver for shipment, taken in accordance with treaties to which nontarget organisms or human health pre- release for shipment, import, export, hold for the United States is a party and other inter- sented by a given antifouling system such import, hold for export, or receive and (hav- national obligations of the United States. that the amendment of annex 1 of the Con- ing so received) deliver or offer to deliver. SEC. 1015. UTILIZATION OF PERSONNEL, FACILI- vention may be warranted; (12) VESSEL.—The term ‘‘vessel’’ has the TIES OR EQUIPMENT OF OTHER FED- (3) undertake an assessment of relevant en- meaning given that term in section 3 of title ERAL DEPARTMENTS AND AGEN- vironmental, technical, and economic con- CIES. 1, United States Code, including hydrofoil siderations necessary to evaluate any pro- The Secretary and the Administrator may boats, air cushion watercraft, submersibles, posals for new or additional controls of utilize by agreement, with or without reim- floating craft, fixed or floating platforms, bursement, personnel, facilities, or equip- antifouling systems under the Convention, floating storage units, and floating produc- ment of other Federal departments and agen- including benefits in the United States and tion, storage, and offloading units. cies in administering the Convention, this elsewhere associated with the production (13) TERRITORIAL SEA.—The term ‘‘terri- title, or any regulations prescribed under and use in the United States and elsewhere, torial sea’’ means the territorial sea as de- this title. of the subject antifouling system; and scribed in Presidential Proclamation No. 5928 (4) develop recommendations based on that Subtitle B—Implementation of the on December 27, 1988. assessment. Convention (14) UNITED STATES.—The term ‘‘United (b) REFERRALS TO TECHNICAL GROUP.— SEC. 1021. CERTIFICATES. States’’ means the several States of the (1) CONVENING OF SHIPPING COORDINATING (a) CERTIFICATE REQUIRED.—On entry into United States, the District of Columbia, COMMITTEE.—On referral of any antifouling Puerto Rico, Guam, American Samoa, the force of the Convention for the United system to the technical group described in Virgin Islands, the Commonwealth of the States, any vessel of at least 400 gross tons article 7 of the Convention for consideration that engages in one or more international Northern Marianas, and any other territory of new or additional controls, the Secretary voyages (except fixed or floating platforms, or possession over which the United States of State shall convene a public meeting of FSUs, and FPSOs) shall carry an Inter- has jurisdiction. the Shipping Coordinating Committee for national Antifouling System Certificate. (15) USE.—The term ‘‘use’’ includes appli- the purpose of receiving information and (b) ISSUANCE OF CERTIFICATE.—On entry cation, reapplication, installation, or any into force of the Convention, on a finding comments regarding controls on such other employment of an antifouling system. that a successful survey required by the Con- antifouling system. The Secretary of State SEC. 1012. COVERED VESSELS. vention has been completed, a vessel of at shall publish advance notice of such meeting (a) INCLUDED VESSEL.—Except as provided least 400 gross tons that engages in at least in the Federal Register and on the State De- in subsection (b), after the Convention enters one international voyage (except fixed or partment’s Web site. The Administrator into force for the United States, the fol- floating platforms, FSUs, and FPSOs) shall shall assemble and maintain a public docket lowing vessels are subject to the require- be issued an International Antifouling Sys- containing notices pertaining to that meet- ments of this title: tem Certificate. The Secretary may issue the ing, any comments responding to those no- (1) A vessel documented under chapter 121 Certificate required by this section. The Sec- tices, the minutes of that meeting, and ma- of title 46, United States Code, or one oper- retary may delegate this authority to an or- terials presented at that meeting. ated under the authority of the United ganization that the Secretary determines is (2) REPORT BY TECHNICAL GROUP.—The Ad- States, wherever located. qualified to undertake that responsibility. ministrator shall promptly make any report (2) Any vessel permitted by a Federal agen- (c) MAINTENANCE OF CERTIFICATE.—The by the technical group described in the Con- cy to operate on the Outer Continental Certificate required by this section shall be vention available to the public through the Shelf. maintained as required by the Secretary. docket established pursuant to subsection (b) (3) Any other vessel when— (d) CERTIFICATES ISSUED BY OTHER PARTY and announce the availability of that report (A) in the internal waters of the United COUNTRIES.—A Certificate issued by any in the Federal Register. The Administrator States; country that is a party to the Convention shall provide an opportunity for public com- (B) in any port, shipyard, offshore ter- has the same validity as a Certificate issued ment on the report for a period of not less minal, or other place in the United States; by the Secretary under this section. than 30 days from the time the availability (C) lightering in the territorial sea; or (e) VESSELS OF NONPARTY COUNTRIES.—Not- of the report is announced in the Federal (D) to the extent consistent with inter- withstanding subsection (a), a vessel of at Register. national law, anchoring in the territorial sea least 400 gross tons, having the nationality (3) CONSIDERATION OF COMMENTS.—To the of the United States. of or entitled to fly the flag of a country extent practicable, the Administrator shall that is not a party to the Convention, may (b) EXCLUDED VESSELS.— take any comments into consideration in de- demonstrate compliance with this title (1) IN GENERAL.—The following vessels are veloping recommendations under subsection not subject to the requirements of this title: through other appropriate documentation (a). considered acceptable by the Secretary. (A) Any warship, naval auxiliary, or other SEC. 1025. SCIENTIFIC AND TECHNICAL RE- vessel owned or operated by a foreign state, SEC. 1022. DECLARATION. SEARCH AND MONITORING; COMMU- and used, for the time being, only on govern- (a) REQUIREMENTS.—On entry into force of NICATION AND INFORMATION. ment noncommercial service. the Convention for the United States, a ves- The Secretary, the Administrator, and the (B) Except as provided in paragraph (2), sel of at least 24 meters in length, but less Administrator of the National Oceanic and any warship, naval auxiliary, or other vessel than 400 gross tons engaged on an inter- Atmospheric Administration may each un- owned or operated by the United States and national voyage (except fixed or floating dertake scientific and technical research and platforms, FSUs, and FPSOs) must carry a used for the time being only on government monitoring pursuant to article 8 of the Con- declaration described in subsection (b) that noncommercial service. vention and to promote the availability of is signed by the owner or owner’s authorized (2) APPLICATION TO UNITED STATES GOVERN- relevant information concerning— agent. That declaration shall be accom- MENT VESSELS.— (1) scientific and technical activities un- panied by appropriate documentation, such (A) IN GENERAL.—The Administrator may dertaken in accordance with the Convention; as a paint receipt or a contractor invoice, or apply any requirement of this title to one or (2) marine scientific and technological pro- contain an appropriate endorsement. more classes of vessels described in para- grams and their objectives; and (b) CONTENT OF DECLARATION.—The dec- graph (1)(B), if the head of the Federal de- laration must contain a clear statement that (3) the effects observed from any moni- partment or agency under which those ves- the antifouling system on the vessel com- toring and assessment programs relating to sels operate concurs in that application. plies with the Convention. The Secretary antifouling systems. (B) LIMITATION FOR COMBAT-RELATED VES- may prescribe the form and other require- SEC. 1026. COMMUNICATION AND EXCHANGE OF SEL.—Subparagraph (A) shall not apply to ments of the declaration. INFORMATION. combat-related vessels. SEC. 1023. OTHER COMPLIANCE DOCUMENTA- (a) IN GENERAL.—Except as provided in SEC. 1013. ADMINISTRATION AND ENFORCEMENT. TION. subsection (b), with respect to those (a) IN GENERAL.—Unless otherwise speci- In addition to the requirements under sec- antifouling systems regulated by the Admin- fied in this title, with respect to a vessel, the tions 1021 and 1022, the Secretary may re- istrator, the Administrator shall provide to Secretary shall administer and enforce the quire vessels to hold other documentation any party to the Convention that requests it, Convention and this title. considered necessary to verify compliance relevant information on which the decision (b) ADMINISTRATOR.—Except with respect with this title. to regulate was based, including information to section 1031(b) and (c), the Administrator SEC. 1024. PROCESS FOR CONSIDERING ADDI- provided for in annex 3 to the Convention, or shall administer and enforce subtitle C. TIONAL CONTROLS. other information suitable for making an ap- (c) REGULATIONS.—The Administrator and (a) ACTIONS BY ADMINISTRATOR.—The Ad- propriate evaluation of the antifouling sys- the Secretary may each prescribe and en- ministrator may— tem.

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(b) LIMITATION.—This section shall not be enter at reasonable times any location where Code, for a violation of the Convention, this construed to authorize the provision of infor- there is being held or may be held organotin title, or any regulation prescribed under this mation the disclosure of which is otherwise or any other substance or antifouling system title involving that recreational vessel, may prohibited by law. regulated under the Convention, for the pur- not exceed $5,000 for each violation. Subtitle C—Prohibitions and Enforcement pose of inspecting and obtaining samples of (d) DETERMINATION OF PENALTY.—For pur- Authority any containers or labeling for organotin or poses of penalties under this section, each other substance or system regulated under day of a continuing violation constitutes a SEC. 1031. PROHIBITIONS. the Convention. separate violation. In determining the (a) IN GENERAL.—Notwithstanding any UBPOENAS amount of the penalty, the Secretary or Ad- other provision of law, it is unlawful for any (2) S .—In any investigation under ministrator shall take into account the na- person— this section the Administrator may issue subpoenas to require the attendance of any ture, circumstances, extent, and gravity of (1) to act in violation of this title, or any witness and the production of documents and the prohibited acts committed and, with re- regulation prescribed under this title; other evidence. In case of refusal to obey spect to the violator, the degree of culpa- (2) to sell or distribute in domestic or such a subpoena, the Administrator may re- bility, any history of prior offenses, the eco- international commerce organotin or an quest the Attorney General to compel com- nomic impact of the penalty on the violator, antifouling system containing organotin; pliance. the economic benefit to the violator and (3) to manufacture, process, or use (b) STOP MANUFACTURE, SALE, USE, OR RE- other matters as justice may require. organotin to formulate an antifouling sys- MOVAL ORDERS.—Consistent with section (e) REWARD.—An amount equal to not more tem; 1013, whenever any organotin or other sub- than one-half of any civil penalty assessed (4) to apply an antifouling system con- stance or system regulated under the Con- by the Secretary or Administrator under taining organotin on any vessel to which vention is found by the Administrator and this section may, subject to the availability this title applies; or there is reason to believe that a manufac- of appropriations, be paid by the Secretary (5) after the Convention enters into force turer, seller, distributor, or user has violated or Administrator, respectively, to any per- for the United States, to apply or otherwise or is in violation of any provision of this son who provided information that led to the use in a manner inconsistent with the Con- title, or that such organotin or other sub- assessment or imposition of the penalty. vention, an antifouling system on any vessel stance or system regulated under the Con- (f) REFERRAL TO ATTORNEY GENERAL.—If that is subject to this title. vention has been or is intended to be manu- any person fails to pay a civil penalty as- (b) VESSEL HULLS.—Except as provided in factured, distributed, sold, or used in viola- subsection (c), no vessel shall bear on its hull sessed under this section after it has become tion of this title, the Administrator may or outer surface any antifouling system con- final, or comply with an order issued under issue a stop manufacture, sale, use, or re- taining organotin, regardless of when such this title, the Secretary or Administrator, as moval order to any person that owns, con- system was applied, unless that vessel bears appropriate, may refer the matter to the At- trols, or has custody of such organotin or an overcoating which forms a barrier to torney General of the United States for col- other substance or system regulated under organotin leaching from the underlying lection in any appropriate district court of the Convention. After receipt of that order antifouling system. the United States. the person may not manufacture, sell, dis- OMPROMISE ODIFICATION OR EMIS (c) LIMITATIONS.— (g) C , M , R - tribute, use, or remove the organotin or SION (1) EXCEPTED VESSEL.—Subsection (b) does .—Before referring any civil penalty that not apply to fixed or floating platforms, other substance or system regulated under is subject to assessment or has been assessed FSUs, or FPSOs that were constructed prior the Convention described in the order except under this section to the Attorney General, to January 1, 2003, and that have not been in in accordance with the order. the Secretary, or Administrator, as appro- dry dock on or after that date. SEC. 1034. ADDITIONAL AUTHORITY OF THE AD- priate, may compromise, modify, or remit, MINISTRATOR. (2) SALE, MANUFACTURE, ETC.—This section with or without conditions, the civil penalty. does not apply to— The Administrator, in consultation with (h) NONPAYMENT PENALTY.—Any person (A) the sale, distribution, or use pursuant the Secretary, may establish, as necessary, who fails to pay on a timely basis a civil pen- to any agreement between the Administrator terms and conditions regarding the removal alty assessed under this section shall also be and any person that results in an earlier pro- and disposal of antifouling systems prohib- liable to the United States for interest on hibition or cancellation date than specified ited or restricted under this title. the penalty at an annual rate equal to 11 per- in this title; or Subtitle D—Action on Violation, Penalties, cent compounded quarterly, attorney fees (B) the manufacture, processing, formula- and Referrals and costs for collection proceedings, and a tion, sale, distribution, or use of organotin SEC. 1041. CRIMINAL ENFORCEMENT. quarterly nonpayment penalty for each quar- or antifouling systems containing organotin Any person who knowingly violates para- ter during which such failure to pay persists. used or intended for use only for sonar domes graph (2), (3), (4), or (5) of section 1031(a) or That nonpayment penalty shall be in an or in conductivity sensors in oceanographic section 1031(b) shall be fined under title 18, amount equal to 20 percent of the aggregate instruments. United States Code, or imprisoned not more amount of that person’s penalties and nonpayment penalties that are unpaid as of the SEC. 1032. INVESTIGATIONS AND INSPECTIONS than 6 years, or both. beginning of that quarter. BY SECRETARY. SEC. 1042. CIVIL ENFORCEMENT. (a) IN GENERAL.—The Secretary may con- (a) CIVIL PENALTY.— SEC. 1043. LIABILITY IN REM. duct investigations and inspections regard- (1) IN GENERAL.—Any person who is found A vessel operated in violation of the Con- ing a vessel’s compliance with this title or by the Secretary or the Administrator, as vention, this title, or any regulation pre- the Convention. appropriate, after notice and an opportunity scribed under this title, is liable in rem for (b) VIOLATIONS; SUBPOENAS.—In any inves- for a hearing, to have— any fine imposed under section 18, United tigation under this section, the Secretary (A) violated the Convention, this title, or States Code, or civil penalty assessed pursu- may issue subpoenas to require the attend- any regulation prescribed under this title, is ant to section 1042, and may be proceeded ance of witnesses and the production of docu- liable to the United States Government for a against in the United States district court of ments and other evidence. In case of refusal civil penalty of not more than $37,500 for any district in which the vessel may be to obey a subpoena issued to any person, the each violation; or found. Secretary may request the Attorney General (B) made a false, fictitious, or fraudulent SEC. 1044. VESSEL CLEARANCE OR PERMITS; RE- to invoke the aid of the appropriate district statement or representation in any matter FUSAL OR REVOCATION; BOND OR court of the United States to compel compli- in which a statement or representation is re- OTHER SURETY. ance. quired to be made to the Secretary under the If any vessel that is subject to the Conven- (c) FURTHER ACTION.—On completion of an Convention, this title, or any regulations tion or this title, or its owner, operator, or investigation, the Secretary may take what- prescribed under this title, is liable to the person in charge, is liable for a fine or civil ever further action the Secretary considers United States for a civil penalty of not more penalty under section 1042 or 1043, or if rea- appropriate under the Convention or this than $50,000 for each such statement or rep- sonable cause exists to believe that the ves- title. resentation. sel, its owner, operator, or person in charge (d) COOPERATION.—The Secretary may co- (2) RELATIONSHIP TO OTHER LAW.—This sub- may be subject to a fine or civil penalty operate with other parties to the Convention section shall not limit or affect the author- under section 1042 or 1043, the Secretary may in the detection of violations and in enforce- ity of the Government under section 1001 of refuse or revoke the clearance required by ment of the Convention. Nothing in this sec- title 18, United States Code. section 60105 of title 46, United States Code. tion affects or alters requirements under any (b) ASSESSMENT OF PENALTY.—The amount Clearance may be granted upon the filing of other laws. of the civil penalty shall be assessed by the a bond or other surety satisfaction to the SEC. 1033. EPA ENFORCEMENT. Secretary or Administrator, as appropriate, Secretary. (a) INSPECTIONS, SUBPOENAS.— by written notice. SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, (1) IN GENERAL.—For purposes of enforcing (c) LIMITATION FOR RECREATIONAL VES- EXCLUSION. this title or any regulation prescribed under SEL.—A civil penalty imposed under sub- (a) IN GENERAL.—If a vessel is detected to this title, officers or employees of the Envi- section (a) against the owner or operator of be in violation of the Convention, this title, ronmental Protection Agency or of any a recreational vessel, as that term is defined or any regulation prescribed under this title, State designated by the Administrator may in section 2101 of title 46, United States the Secretary may warn, detain, dismiss, or

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00141 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.159 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7138 CONGRESSIONAL RECORD — HOUSE September 28, 2010 exclude the vessel from any port or offshore Over the past several years, the framework of Federal policy. You have terminal under the jurisdiction of the United Coast Guard has fought international to authorize these projects by the Con- States. terrorism, defended Iraqi pipelines, pa- stitution. Under the Constitution and (b) NOTIFICATIONS.—If action is taken trolled for pirates in the Arabian Sea, laws, we must pass a law that gives under subsection (a), the Secretary, in consultation with the Secretary of State, shall saved thousands of lives during Hurri- them the authority to operate. So it is make the notifications required by the Con- cane Katrina, and is leading the re- the framework, the policy. It really vention. sponse effort to the largest oil spill in sets the funding parameters. SEC. 1046. REFERRALS FOR APPROPRIATE AC- U.S. history. We must provide the And I think also I am pleased to rise TION BY FOREIGN COUNTRY. Coast Guard with the support it needs on behalf of my side of the aisle. Right Notwithstanding sections 1041, 1042, 1043, to take care of its staff and carry out now, people—I just got back from my and 1045, if a violation of the Convention is its everyday missions. We also need to district and traveled in August across committed by a vessel registered in or of the make long overdue reforms that will the United States—they are tired of nationality of a country that is a party to huge expenditures, 200 percent in- the Convention, or by a vessel operated enhance the Coast Guard’s ability to under the authority of a country that is a carry out its important responsibilities creases in programs and a sky- party to the Convention, the Secretary, act- for maritime safety, for security, and rocketing deficit that this Congress ing in coordination with the Secretary of protection of the environment. The bill has brought on. This is a moderate in- State, may refer the matter to the govern- we consider today carries out those ob- crease. It represents a 3 percent in- ment of the country of the vessel’s registry jectives. crease, and I think it deserves and is or nationality, or under whose authority the Mr. Speaker, I reserve the balance of worthy of our support. vessel is operating, for appropriate action, my time. The other thing about the Coast rather than taking the actions otherwise re- Mr. LOBIONDO. Mr. Speaker, I yield Guard is, they aren’t like some agen- quired or authorized by this subtitle. such time as he may consume to the cies, lobbying for huge amounts of SEC. 1047. REMEDIES NOT AFFECTED. gentleman from Florida (Mr. MICA). money, or this team of lobbyists or (a) IN GENERAL.—Nothing in this title lim- Mr. MICA. Mr. Speaker, I thank the its, denies, amends, modifies, or repeals any special interests or whoever coming other remedy available to the United States. gentleman, the ranking member, Mr. here, whining, complaining, trying to (b) RELATIONSHIP TO STATE AND LOCAL LOBIONDO, for his yielding, and also for get more of the taxpayer money, ex- LAW.—Nothing in this title limits, denies, the excellent job. There is no one more panding the range and control of their amends, modifies, or repeals any rights dedicated to the United States Coast programs. They just get their job done. under existing law, of any State, territory, Guard than the gentleman from New And, again, I am pleased that we are fi- or possession of the United States, or any po- Jersey (Mr. LOBIONDO). He loves, nally getting our job done and author- litical subdivision thereof, to regulate any works, breathes, just exists to assist izing this Coast Guard legislation. antifouling system. Compliance with the re- the United States Coast Guard. I am Let me also say that this is a much quirements of a State, territory, or possession of the United States, or political sub- very proud of that dedication he exhib- better bill than was introduced several division thereof related to antifouling paint its. years ago. And it may have taken more or any other antifouling system does not re- And also I have to compliment Mr. time, but I want to say, from my side lieve any person of the obligation to comply OBERSTAR, my partner. We have prob- of the aisle, I am pleased with what we with this title. ably one of the greatest challenges of have accomplished. SEC. 1048. REPEAL. any of the teams that serve in Con- Again, leadership by Mr. LOBIONDO The Organotin Antifouling Paint Control gress. We have the largest committee and others who have worked on this, Act of 1988 (33 U.S.C. 2401 et seq.) is repealed. in Congress, great deal of jurisdictional we blocked, I think, some—first of all, Amend the title so as to read: ‘‘An Act to areas and none that we enjoy working we blocked some devastating oper- authorize appropriations for the Coast Guard on more than the United States Coast ational and structural policy changes for fiscal year 2011, and for other purposes.’’. Guard. These are some fantastic Amer- that the Coast Guard did not want. The The SPEAKER pro tempore. Pursu- icans, one of the major service organi- Coast Guard is, again, one of our servant to the rule, the gentleman from zations of the United States, and some- ice organizations, and it doesn’t need Minnesota (Mr. OBERSTAR) and the gen- times I think the least recognized. to be hamstrung by Congress. tleman from New Jersey (Mr. And we have been blessed with great Safety is important, and we need the LOBIONDO) each will control 20 min- leaders, Thad Allen. He came just at component of safety as one of their pri- utes. the right time, inherited so many prob- orities. And I think we have properly The Chair recognizes the gentleman lems, I can’t even begin to spend to- placed that, fixed some of the original from Minnesota. night enumerating the problems. I provisions that I don’t think that they GENERAL LEAVE think he came on duty about the same felt they could properly operate or live Mr. OBERSTAR. Mr. Speaker, I ask time I became the ranking Republican, with. So I think, first of all, we have unanimous consent that all Members and I would get his calls. And he al- got that provision which is much bet- may have 5 legislative days within ways handles every situation so profes- ter and will operate on a sounder basis. which to revise and extend their re- sionally. We have been blessed as a Na- The second thing is, there were provi- marks and to include extraneous mate- tion to have leadership in the Coast sions in here, and there are folks that rial on House Resolution 1665. Guard like that, Thad Allen, now Ad- had their own little interests, and some The SPEAKER pro tempore. Is there miral Papp. And poor Thad Allen, just of those interests would have blocked objection to the request of the gen- when he thought he was about to re- our energy supplies. And as far as liq- tleman from Minnesota? tire, just at the end of his watch and uefied natural gas and bringing gas There was no objection. service, we, of course, had the incred- into some of our ports, I think we Mr. OBERSTAR. Mr. Speaker, I yield ible disaster in the gulf. And folks have would have created higher costs for the myself such time as I may consume. to remember, the first responder to our consumers. I think the Northeast re- The Coast Guard Authorization Act shores is the United States Coast gion in particular would have been of 2010 is a bill this committee has Guard, the protectors of our, not just hard hit by some of the original con- worked on for the past 4 years, actu- maritime safety, but national security. straints and provisions that were in ally 6 years, starting in the time of the And they have done that through their here. Yes, we want safety for the deliv- Republican majority, when our com- long, rich, and productive history. ery of those kinds of fuels, but we also mittee was united, our committee was So tonight, this is long overdue too, want reasonableness in the process. So unified behind this bill but we couldn’t this authorization. I believe that is we don’t want to make, again, a prob- get the other body to act upon it. We some 4 years in coming. I have been the lem where there isn’t a problem. And have now happily been able to do so. ranking member for 3. And I am we do need to have clean energy avail- The bill will enable the Coast Guard pleased that tonight, as the Congress able at affordable price for the con- to continue to perform and meet its probably will go into recess, that we sumer. I think we have been able to do daily demands, allowing it to continue are able to set with this bill the major that. to be defined as the world’s premier policy decisions to operate the United We have also, I think, put provisions maritime service. States Coast Guard. This is the whole in here that protect America’s ports.

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.159 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7139 There was a provision originally intro- take on something that the Federal improvements, such as water mains, duced that would have prohibited Government should not do and cannot water lateral construction, rerouting States from conducting additional do, and we can do it much more cost ef- of bike routes, and other improvements background checks on port workers to fectively, I think, in the manner that for the new Coast Guard facility, at a ensure that drug smugglers and other we prescribed in this legislation. total cost of $170,000. On April 7, 2008, convicted felons’ access to secure areas So I am pleased with the bill. It took the City of Marquette turned over the of our ports was actually allowed under some tough negotiations. It took some property, with infrastructure improve- this bill, and States were prohibited time. I am honored to join my col- ments, to the Coast Guard. from, again, putting these provisions leagues—Mr. OBERSTAR, Mr. LOBIONDO, The bill before us, the Coast Guard forward for safety and security. Mr. CUMMINGS, some of the other mem- Authorization Act for Fiscal Year 2010 We have seen what happened with the bers here tonight, anyone who was in- and 2011, conveys the old Coast Guard Federal Government in Arizona, and volved in this on both sides of the land back to the City of Marquette. Arizona wants to enforce Federal im- aisle—and particularly the staff who However, it may result in the city pay- migration laws. Well, States should be worked so hard to secure what I think ing for the conveyance of the property, able to ensure that their ports too are is not only a sound piece of legislation despite the city’s generous contribu- safe; and if they have the need of a but an excellent bipartisan product tion of land and infrastructure im- background check, it should be done. that the American people can be proud provements for the Coast Guard in 2008. And we shouldn’t have felons and oth- of. Mr. OBERSTAR. The gentleman has ers with bad records in some of the se- Mr. OBERSTAR. I yield myself such stated the case very well. cure areas of our ports. So I think we time as I may consume. Summarizing it very simply, the City have also improved the quality of that Mr. Speaker, I will conclude on our of Marquette and the Coast Guard en- particular provision. side recognizing and acknowledging the tered into an agreement. The City of Then I think we have put some com- splendid work and the diligent effort of Marquette kept its part of the agree- monsense acquisition reform. When the gentleman from Maryland (Mr. ment, conveyed property to the Coast originally introduced, this bill would CUMMINGS) who is the chair of the Guard for $1, and now is going to be have, I think, created a disastrous rec- Coast Guard Subcommittee. He de- stuck with the bill. ipe for failure for the United States voted an enormous amount of time, The problem is that the way the Coast Guard to become a systems inte- hours of effort in hearings, one of transfer worked out, the statutory grator. Now, I know we have had prob- which went for 10 hours on the Coast PAYGO rules preclude inclusion of past lems. We had problems with the na- Guard procurement program where we conveyance in calculating the cost of tional security class Coast Guard cut- had to hear in great detail the failure the bill. We simply got hung up with ter that we tried to produce for the of allowing the private sector to self- our own legislation, our own PAYGO first time. We had problems with certify, in effect. That was a massive rules to reduce the cost of government, changing out 110-foot Coast Guard cut- failure of the procurement system. We but now we are in the position of pos- ters to a longer model—I believe it was went into great detail. Mr. CUMMINGS sibly increasing the cost of government a 123-foot version. Yes, we had prob- spent an enormous amount of time and to a local unit of government, the City lems with some of these projects. But effort. of Marquette. The city’s contribution the answer isn’t for government to step Mr. LOBIONDO as well gave his exper- to the Coast Guard cannot therefore be in and create a huge operation. tise, his years of seasoning and under- calculated into the cost of this bill. I standing of the Coast Guard’s work. look forward to the day when we will 1940 b We passed major procurement re- be able to work this out in a different When you get into some of the acqui- form. The Senate passed it, and we do setting. sition questions and systems design not have to include that language in Mr. STUPAK. I thank the chairman. and systems integration, even the this legislation. Those reforms are I ask the Congress to recognize the United States Navy, which has one of moving into place. We are not going to generous contribution of the City of the largest maritime fleets in the repeat those mistakes of the past. It Marquette and urge the Coast Guard to world, has trouble doing some of this was necessary to make those changes. perform this land transfer at no cost to by itself. The Navy is a much larger en- It was urgent for the integrity of the the city. The city has already borne tity than the United States Coast Coast Guard and for its successful oper- significant cost by transferring a new Guard, which is the smaller entity, and ation. And all through this, the gen- parcel of land to the agency and spent casting legislation that would require tleman from New Jersey (Mr. $170,000 for reasonable and necessary them to do things that really they LOBIONDO) who was a partner, he regu- infrastructure costs. don’t have the capability of doing was, larly participated in all of the sub- My fellow colleague in the Michigan I think, not a good proposal, and I committee hearings and our markup delegation, Senator STABENOW, and I think we have made it a better pro- and lent great expertise to the final have constantly advocated that the posal. product of the committee. For that, I City of Marquette has contributed The other thing we have to remember am enormously grateful and recognize greatly to the Coast Guard, and the too, the Coast Guard pays a lot less and acknowledge his splendid contribu- city should not incur additional costs. than the private sector. And God bless tion. I yield to the gentleman. those men and women who serve. Many Mr. Speaker, I yield to the gentleman Mr. OBERSTAR. I agree that the of those professionals end up going into from Michigan (Mr. STUPAK) such time Coast Guard should not conduct its the private sector, or the private sector as he may consume. business in this manner. It should rec- attracts folks to do these highly tech- Mr. STUPAK. Mr. Speaker, I thank ognize the contributions of the City of nical systems integration programs, the chairman for yielding me the time, Marquette in exercising this convey- and they have the resources to do this. and would like to engage the chairman, ance, and we will continue to work Also, the other thing, too, we found if I may, in a colloquy. with the gentleman throughout the with the Coast Guard is we do have a Mr. Chairman, as you know, the balance of this Congress and, if nec- turnover in Coast Guard personnel. Coast Guard Station in Marquette, essary, into the next Congress. Even Many people serve their whole career Michigan, relocated to a new location though the gentleman is retiring, this there, but there is also a turnover in within the city of Marquette. The new issue will not be forgotten. We will find some of these highly professional, high- location allows the Coast Guard to a way to work it out equitably and rec- ly technical positions. streamline their operations, be closer ognize the good-faith contribution of So given all of that, I think the pro- to the dock, and therefore respond to the City of Marquette that held its visions that were put in this legislation emergencies more quickly. part of the bargain but is not being will allow us to not repeat some of the The city sold the city property for fairly treated. mistakes of past acquisitions and not the new facility to the Coast Guard for Mr. STUPAK. I thank the chairman, get the government into creating a $1 in 2008. Since then, the city has and I thank the minority side for their huge bureaucracy of acquisition or to funded the necessary infrastructure help and assistance in this matter.

VerDate Mar 15 2010 06:42 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.230 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7140 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Mr. OBERSTAR. How much time re- ter Service to collect duties from in- Again, in addition to Mr. Cullather, mains on our side, Mr. Speaker? bound cargos and pay the debts of the there are staff on the Republican side The SPEAKER pro tempore. The gen- Revolutionary War. That Revenue Cut- of the committee and other members tleman from Minnesota has 13 minutes, ter Service became what we know as on the majority side who have all and the gentleman from New Jersey the Coast Guard today. worked together diligently. These have has 91⁄2 minutes. John Cullather has served our mari- been stressful times these last several Mr. OBERSTAR. I yield myself such time history, served the Coast Guard, weeks as we worked to craft a bill that time as I may consume. enormously well with his rich knowl- could pass the other body and over- I wish to express my appreciation to edge of the practices and the strengths, come several reservations and objec- the ranking member of the full com- as well as the weaknesses, the short- tions raised. mittee, Mr. MICA, who made a very comings of this service, and has con- We have accomplished that. We have elaborate statement about the provi- stantly worked to improve the quality done that in a bipartisan fashion and sions of the bill. I will not elaborate on of service with the resources that the have brought to the House, and I think it, except to concur with him that we Coast Guard has at its disposal, the directly through the Senate to the are getting the best bargain perhaps in training of its personnel, to make it President—it should go to the Presi- all of government—although he didn’t the very best uniformed service of this dent this week and be signed, this au- put it this way, I do—in supporting the country and the best of its kind in the thorization for the U.S. Coast Guard. Again, it will be the culminating missions of the Coast Guard. They are world. work of John Cullather in his service extraordinarily frugal and economical To John Cullather, I offer my enor- to the committee and to the Congress. in carrying out their missions. mous personal gratitude and the grati- I know, having served on the staff, When I was elected to Congress in tude of all of the members of the com- without our dedicated, seasoned, career 1974 and started my service on the Mer- mittee for his superb, stellar service on professional staff, we members of Con- chant Marine and Fisheries Committee our committee for three-and-a-half gress would have a very difficult time as well as the Public Works Com- decades. accomplishing our work. mittee, the Coast Guard’s authorized I reserve the balance of my time. I thank you on both sides for your personnel limit was 39,000. Today, we Mr. LOBIONDO. Mr. Speaker, I yield splendid contributions, and to John increase it to 47,000. But in that almost myself such time as I may consume. Cullather, Semper Paratus. 36 years, we have added 27 new mis- I want to again thank Mr. OBERSTAR Mr. THOMPSON of Mississippi. Mr. Speak- sions to the Coast Guard without com- for his diligent work on this, and Mr. er, I rise in strong support of H.R. 3619, a bill mensurately increasing their per- MICA. A lot has been said by both Mr. to authorize the activities of the United States sonnel. OBERSTAR and Mr. MICA, but a couple Coast Guard. of points need to be reiterated, I be- b 1950 A version of this legislation passed the lieve. House in October of last year and was subse- The Coast Guard has proudly held I think the men and women of the quently amended by the Senate in May. itself up as a multimission agency, Coast Guard are some of the most Action on the resolution before us today able to carry out numerous overlapping under-recognized and under-appre- would send the bill back to the Senate for pas- missions without adding personnel. We ciated patriots that we have in our sage, clearing it for signature by the President. recognize, however, that there is a country. For far too many years a mes- H.R. 3619 provides long-overdue resources limit to how much you can stretch sage was sent to them as we increased to the Coast Guard—a multi-mission agency your existing personnel. By a modest their mission that it was acceptable for that has been without an authorization for increase in the Coast Guard’s personnel them to be expected to do more with many years. limit, we give them the personnel re- less. We send a very clear signal with As Chairman of the Committee on Home- sources they will need to carry out the this legislation that that is not the land Security, I am especially pleased that the mission of the future for safety and for case. bill strengthens Coast Guard’s maritime secu- security. I am very appreciative of the major- rity operations to meet the challenges of our Mr. Speaker, this also is a very nos- ity’s position in rejecting the Presi- post-9/11 world. talgic moment for me. This year rep- dent’s very misguided direction to cut Specifically, the bill: authorizes an end-of- resents 34 years that John Cullather, the Coast Guard with personnel and year strength of 47,000 Service Members for the chief counsel of the Subcommittee funding, exactly the wrong message at FY 2011; enhances acquisition reform for es- on Coast Guard, has served the House the wrong time. sential Coast Guard assets, such as the Na- of Representatives. He started with our We can look to some other things tional Security Cutter; strengthens the Coast former colleague Don Pease as a legis- that are in this bill that maybe aren’t Guard’s Maritime Security Response Team-relative assistant, and then as counsel on quite as high profile, but there is a lated activities; increases the number of Ca- the Committee on Merchant Marine housing provision in this bill that the nine Detection Teams; expands a maritime biometrics verification system for individuals and Fisheries. This will be the last bill Master Chief of the Coast Guard, Mr. interdicted at sea; authorizes interagency that John Cullather will bring to the Bowen, Master Chief Bowen, came and operational centers for port security; improves House floor as counsel of the Coast talked about, the horrendous condi- port security training for facility security offi- Guard Subcommittee. tions that we are expecting men and He has served enormously well, with cers; enhances security measures for liquefied women of the Coast Guard to live in, natural gas (LNG) and other especially haz- a profound grasp of the legislative his- and this helps to correct that. ardous cargos; and authorizes a ‘‘see it, say tory of the Coast Guard, of our Mer- Another issue that is not at the fore- it’’ type public awareness program for rec- chant Marine forces, of maritime law. front right now but certainly was a reational boaters to report suspicious activities He is recognized widely across Wash- very short time ago, and that was the on the waters. ington as the font of knowledge on piracy issue. We are taking steps to The bill also includes provisions that I fought maritime law of the United States and, allow the captain and crew of U.S. ves- hard for to improve the Transportation Worker of course, specifically the Coast Guard. sels to be able to defend themselves Identification Credential (TWIC) program. John has told me just today of his in- and their cargo. This is a good step in My Committee has done extensive oversight tention to retire at the end of this ses- the right direction. over the implementation of the TWIC program sion. I am personally grateful for the Overall, this bill is very, very much and, through that work, we have identified a friendship that we have had over these past due, and I am very pleased that we number of areas where the program should be 30-plus years, and more specifically are going to be able to move forward improved to take into account the interests of during the years he served on the Com- with that. I want to thank Mr. OBER- affected workers. mittee on Transportation and Infra- STAR, Mr. CUMMINGS, Mr. MICA and all Specifically, H.R. 3619 includes provisions structure in the role of counsel. staff on both sides for so much in their to: help workers who have applied for but are When I think back over the long his- doing. still waiting to receive their TWIC cards con- tory of this country, in the First Con- I yield back the balance of my time. tinue to work; improve TWIC application proc- gress, the third act of the first Con- Mr. OBERSTAR. I yield myself the essing times; facilitate more convenient meth- gress was to establish the Revenue Cut- balance of my time. ods of applying for the credential; and require

VerDate Mar 15 2010 07:20 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00144 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.232 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7141 GAO to look at whether DHS could mail cre- to make long overdue reforms, which will en- management of the service’s marine safety dentials to applicants’ homes like the State hance the Coast Guard’s ability to carry out its program and requires minimum qualifications Department does with passports. important responsibilities for maritime safety for marine safety personnel. It also requires We received testimony on September 17, and security, and protection of the environ- the Coast Guard to develop a long-term strat- 2008, from a trucker who needlessly spent ment. egy for improving vessel safety, and author- hours making multiple visits to an enrollment The bill that we consider today will carry out izes creation of centers of expertise for marine center to complete the TWIC process. these objectives. After a long period of nego- safety. Streamlining that process will save workers tiation, we are in agreement with the Senate In addition, H.R. 3619 enhances marine and their employers a significant amount of on a bipartisan basis. I am hopeful that fol- safety by establishing safety equipment and time that would otherwise be wasted. lowing our passage, the Senate will pass the construction standards for uninspected com- Though this bill does a great deal to take bill before the recess. It will be one of the mercial fishing vessels operating beyond three into account the challenges that workers have major accomplishments of the 111th Con- nautical miles of the coast of the United experienced with the implementation of the gress. States. It requires fishing vessels of certain TWIC program, I am disappointed that lan- H.R. 3619 authorizes $10.2 billion for the sizes and those that undergo substantial guage from the House-passed version—deal- Coast Guard, of which $6.9 billion is for oper- changes to comply with loadline regulations. ing with prohibiting redundant federal and ations and maintenance and $1.6 billion is for H.R. 3619 also requires ‘‘safety management state background checks—is not included in Acquisition, Construction, and Improvements systems’’ on certain passenger vessels that this version of the legislation. (including $1.2 billion for the Deepwater pro- establish safety and environmental protection I was also dismayed that certain House program). The Coast Guard is also authorized to policies and procedures for reporting accidents visions dealing with the Coast Guard Academy increase its end strength by 1,500 personnel and responding to emergency situations. Fur- are not included in this version of the bill. to a total of 47,000. In addition, H.R. 3619 in- ther, it permits seamen who suffer discrimina- When the bill was passed by the House last corporates other provisions addressing marine tion because they report safety violations to year, I worked with the Coast Guard Sub- safety, port security, the Coast Guard’s man- use the same Department of Labor complaint committee Chairman, Mr. CUMMINGS, to in- agement structure, and acquisition reform. process that is currently available to workers clude a new process for Members of Con- H.R. 3619 makes administrative changes to in the other transportation modes. gress to nominate candidates for the Coast the Coast Guard, including creating the posi- Focusing on improving oil pollution preven- Guard Academy—as we are able to do for tion of District Ombudsman in each Coast tion, H.R. 3619 requires the Coast Guard to other Military Service academies. Guard district to serve as a liaison between conduct a study and issue regulations to re- It also included language specifically author- the Coast Guard and the maritime community. duce the risk of oil spills during transfers of oil izing a Minority Service Institution Manage- It also authorizes the reimbursement of med- between vessels. In addition, H.R. 3619 ex- ment Internship Program. ical-related travel for Coast Guard personnel tends liability for oil spills to the owners of Coast Guard lags behind the other Services who live in remote locations and grants ac- cargo shipped on single-hulled vessels and in diversity and these measures were intended cess to the Armed Forces Retirement Home amends the Oil Pollution Act of 1990 to extend to help make the Coast Guard better reflect system to Coast Guard veterans. In addition, to tank vessels of 100 gross tons or more the the American people. this administrative title authorizes active duty requirement to show financial responsibility for Unfortunately, the provisions were removed Coast Guard personnel who are assigned in oil spills. from the bill due to objections by certain Mem- support of a major disaster or spill of national In addition, H.R. 3619 enhances port and bers of the other body. significance to retain leave and authorizes the cargo security through the establishment of Nevertheless, what you have before you is Coast Guard to retain and promote officers the America’s Waterway Watch Program to a good and necessary bill. that have specialized skills to meet the needs promote voluntary reporting of activities that It authorizes the resources and programs of the Coast Guard. may indicate a threat or an act of terrorism. It necessary to ensure that the Coast Guard is H.R. 3619 also makes changes to laws ap- also requires the Secretary of Homeland Se- able to live up to its motto—‘‘Always Ready.’’ plying to shipping and navigation. It contains curity to establish, as needed, specialized This bill and the United States Coast Guard provisions that establish a civil penalty for the deployable response teams to protect vessels, deserve our support. possession of controlled substances on ves- port facilities, and cargo. Furthermore, H.R. In closing, I would like to thank Chairman sels. Further, H.R. 3619 requires the Com- 3619 increases the Coast Guard’s capacity OBERSTAR and Chairman CUMMINGS for work- mandant of the Coast Guard and the Adminis- with respect to canine teams and authorizes ing to bring this bill to the floor. trator of the Environmental Protection Agency the Coast Guard to assist foreign port facility I would also like to express my appreciation to study new technologies for reducing emis- operators to meet international port security to Ranking Member KING and his staff for sions from cruise and cargo vessels, including standards. working so cooperatively, particularly to en- measures to help ensure safe and secure This port security provision also prohibits sure that the maritime security needs of the shipping in the Arctic. approval of port facility security plans for new Coast Guard are met. While the Coast Guard has made significant facilities unless the Secretary determines that It is my hope that our Senate colleagues will improvements in strengthening its acquisition sufficient security resources are available, and act expeditiously to clear the bill for the Presi- workforce, H.R. 3619 requires the implementa- requires the Secretary to coordinate with own- dent. tion of acquisition-related policies and proce- ers and operators of port facilities to allow Mr. OBERSTAR. Mr. Speaker, I rise today dures and personnel standards that will build workers who have applied for a transportation in strong support of H.R. 3619, as amended, on the acquisition reform efforts that the serv- workers’ security card and are awaiting the ‘‘Coast Guard Authorization Act of 2010’’. ice has already undertaken. H.R. 3619 estab- issuance to be escorted into secure or re- This bill is a comprehensive bill that will en- lishes training and experience standards for stricted areas of a port facility. able the Coast Guard to continue to perform acquisition personnel and requires the Com- H.R. 3619 also includes several miscella- and meet its daily demands, allowing it to con- mandant of the Coast Guard to select a Chief neous provisions as follows: tinue to be defined as the world’s premier Acquisition Officer who meets prescribed train- Changes the penalties payable by operators maritime service. ing and experience standards. In addition, title of certain cruise ships for nonpayment of H.R. 3619 passed the House on October IV of H.R. 3619 establishes an Acquisition Di- wages in class action suits; 23, 2009, and the Senate passed its version rectorate within the Coast Guard with a de- Limits the liability for monetary damages of of the bill by unanimous consent on May 7, fined mission and a workforce dedicated to individuals who use or authorize the use of 2010. performing acquisition functions. force to defend a vessel against piracy; and Over the past several years, the Coast H.R. 3619 modernizes the Coast Guard by Strengthens, under certain conditions, crimi- Guard has fought international terrorism, de- reorganizing its senior leadership and estab- nal penalties for failing to heave to, obstructing fended Iraqi pipelines, patrolled for pirates in lishing career tracks for its members to de- Coast Guard boardings, and providing false in- the Arabian Sea, saved thousands of lives velop expertise in a specific Coast Guard mis- formation to the Coast Guard particularly for during Hurricane Katrina, and is now leading sion. It is imperative for the Coast Guard to those vessels that are driven at an excessively the response effort to the largest oil spill in sustain a marine safety program that is capa- high rate of speed to avoid enforcement of our U.S. history. It is now time to provide the ble of preventing maritime casualties, miti- immigration laws. Coast Guard with the support that it needs to gating circumstances of casualties, and maxi- H.R. 3619 also aligns U.S. law with the take care of its employees and carry out its mizing the lives of a crew in the event of a International Convention on the Control of everyday missions. At the same time, we need casualty. Therefore, H.R. 3619 modernizes the Harmful Anti-Fouling Systems on Ships, 2001,

VerDate Mar 15 2010 07:20 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00145 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.146 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7142 CONGRESSIONAL RECORD — HOUSE September 28, 2010 and prohibits the sale, distribution, or manu- express authorization for, public authorities b 2000 facture of organotin or antifouling systems to offer discounts in transportation tolls to In order to address these inequities captive tollpayers. containing organotin. for captive tollpayers, many States, Mr. Speaker, H.R. 3619 gives the hard- SEC. 4. TRANSPORTATION TOLLS. local governments and local transpor- working men and women of the Coast Guard (a) AUTHORITY TO PROVIDE DISCOUNTS.—A tation agencies have enacted toll and the tools and the direction that they need to public authority is authorized to carry out a fare discount programs. My district of program that offers discounts in transpor- continue as the world’s leading maritime agen- Staten Island and Brooklyn, New York, cy. tation tolls to captive tollpayers. (b) LIMITATIONS ON STATUTORY CONSTRUC- suffers from some of the highest toll I urge my colleagues to join me in sup- burdens in the Nation. In fact, per cap- porting H.R. 3619. TION.—Nothing in this Act may be construed I yield back the balance of my time. to— ita, Staten Island is the highest tolled The SPEAKER pro tempore. The (1) limit any other authority of a public county in the United States, and the question is on the motion offered by authority, including the authority to offer cost of these tolls is truly outrageous. discounts in transportation tolls to other the gentleman from Minnesota (Mr. Just to put this issue in context for my tollpayers; or colleagues, let me give you some exam- OBERSTAR) that the House suspend the (2) affect, alter, or limit the applicability rules and agree to the resolution, H. ples: of a State or local law with respect to the The toll on the Verrazano-Narrows Res. 1665. authority of a public authority to impose The question was taken; and (two- toll discounts. Bridge, which connects the Staten Is- land and Brooklyn sides of my district, thirds being in the affirmative) the SEC. 5. DEFINITIONS. rules were suspended and the resolu- now costs $11, and is scheduled to in- In this Act, the following definitions apply: crease to $12 in the next few months. It tion was agreed to. (1) CAPTIVE TOLLPAYER.—The term ‘‘cap- A motion to reconsider was laid on tive tollpayer’’ means an individual who— may be hard for many Americans to be- the table. (A) is a resident of, or regular commuter lieve, but discussions are already un- f to, a locality in the United States that is sit- derway to further increase the toll on uated on an island, peninsula, or other area the Verrazano-Narrows Bridge to $13 in RESIDENTIAL AND COMMUTER where transportation access is substantially the coming years—$13 just to cross a TOLL FAIRNESS ACT OF 2010 constrained by geography; and bridge in order to visit a relative, to go Mr. MCMAHON. Mr. Speaker, I move (B) is subject to a transportation toll when to school, to go to work or just to get to suspend the rules and pass the bill using a transportation facility to access or off the island. It is not much better on (H.R. 3960) to provide authority and depart the locality. all the other bridges surrounding Stat- (2) PUBLIC AUTHORITY.—The term ‘‘public sanction for the granting and issuance authority’’ has the meaning given that term en Island. The Bayonne, the Goethals of programs for residential and com- by section 101 of title 23, United States Code. Bridges and the Outerbridge Crossing— muter toll, user fee and fare discounts (3) TRANSPORTATION FACILITY.—The term all to New Jersey—each cost $8. Staten by States, municipalities, other local- ‘‘transportation facility’’ includes a road, Islanders are truly captive tollpayers. ities, as well as all related agencies and highway, bridge, rail, bus, or ferry facility. No matter which way they travel, they departments thereof, and for other pur- (4) TRANSPORTATION TOLL.—The term have no choice but to pay these tolls if poses, as amended. ‘‘transportation toll’’ means a toll or fare re- they want to get back on the island. The Clerk read the title of the bill. quired for use of a transportation facility. To help alleviate the situation, the The text of the bill is as follows: The SPEAKER pro tempore. Pursu- Metropolitan Transit Authority and H.R. 3960 ant to the rule, the gentleman from the Port Authority of New York and Be it enacted by the Senate and House of Rep- New York (Mr. MCMAHON) and the gen- New Jersey, which are the transpor- resentatives of the United States of America in tleman from New Jersey (Mr. tation agencies that run these bridges, Congress assembled, LOBIONDO) will each control 20 min- have instituted a series of residential SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Residential utes. discount programs for Staten Islanders and Commuter Toll Fairness Act of 2010’’. The Chair recognizes the gentleman which reduce the amount that island- SEC. 2. FINDINGS. from New York. ers pay for these bridges, sometimes re- Congress finds the following: GENERAL LEAVE ducing the cost by almost 50 percent. (1) Residents of, and regular commuters to, Many of these discounts have been in Mr. MCMAHON. Mr. Speaker, I ask certain localities in the United States are place for a decade or more; but even subject to a transportation toll when using a unanimous consent that all Members may have 5 legislative days within with these discounts, Staten Islanders transportation facility to access or depart pay almost $500 million in tolls every the locality. which to revise and extend their re- (2) Revenue generated from these tolls is marks and to include extraneous mate- year, making it more than 7 percent of sometimes used to support infrastructure rial on H.R. 3960. all tolls paid nationwide even though Staten Island represents less than .16 maintenance and capital improvement The SPEAKER pro tempore. Is there projects that benefit not only the users of percent, or 1/600th, of the U.S. popu- objection to the request of the gen- these transportation facilities, but the relation. These statistics take into ac- tleman from New York? gional and national economy as well. count the tolls paid with the residen- (3) Certain localities in the United States There was no objection. tial discount programs in effect. Just are situated on islands, peninsulas, or other Mr. MCMAHON. Mr. Speaker, I yield imagine how much worse the situation areas in which transportation access is sub- myself such time as I may consume. stantially constrained by geography, some- would be without these residential dis- times leaving residents of, or regular com- I rise in strong support of H.R. 3960, count programs. muters to, these localities with no reason- the Residential and Commuter Toll But my district is not unique. Many able means of accessing or departing their Fairness Act of 2010. This bill aims to other States and localities grant simi- neighborhood or place of employment with- protect locally provided residential lar residential discounts to captive out paying a transportation toll. commuter toll and fare discounts tollpayers on roads across the country, (4) Residents of, or regular commuters to, throughout the Nation. including the Massachusetts Turnpike, these localities often pay far more for trans- Many of us represent people in com- portation access than residents of, and com- the Sumner and Ted Williams Tunnels muters to, other areas for similar transpor- munities burdened by high tolls and in Boston, the Marine Parkway and tation options, and these increased transpor- fares. Due to specific isolating geo- Cross Bay Vets Parkway in Rockaway, tation costs can impose a significant and un- graphic factors, like residents on an is- Queens, New York, the Tappan Zee fair burden on these residents and com- land or peninsula, as well as the loca- Bridge in the Hudson Valley of New muters. tion of tolled roads and bridges, resi- York, the New York Thruway, the (5) To address this inequality, and to re- dents in and commuters to certain lo- Delaware Bay Bridge, the Rhode Island duce the financial hardship often imposed on calities endure a disproportionate toll Turnpike, and the Newport Pell Bridge captive tollpayers, several public authorities burden. These people are captive toll have developed and implemented programs in Rhode Island, just to name a few. to provide discounts in transportation tolls. payers, toll payers who have little or In the last few years, many of these SEC. 3. PURPOSE. no choice but to pay much more in discount programs have come under at- The purpose of this Act is to clarify the ex- tolls than their fellow citizens even tack in the courts. Last October, in a isting authority of, and as necessary provide within the same region. case entitled Selevan vs. New York

VerDate Mar 15 2010 07:20 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.148 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7143 Thruway Authority, the U.S. Court of lent job of explaining how important AUDIT THE BP FUND ACT OF 2010 Appeals for the Second Circuit held this legislation is. It is a commonsense Mr. MCMAHON. Mr. Speaker, I move that toll discounts for residents of approach to solving a problem, and I to suspend the rules and pass the bill towns bordering the New York State support the bill. (H.R. 6016) to provide for a GAO inves- Thruway may be unconstitutional. The Mr. OBERSTAR. Mr. Speaker, I rise today tigation and audit of the operations of plaintiffs in Selevan claimed, among in strong support of H.R. 3960, as amended, the fund created by BP to compensate other things, that these residential toll the ‘‘Residential and Commuter Toll Fairness persons affected by the Gulf oil spill, as discount programs may be a dormant Act of 2010’’. amended. commerce clause violation, but the The bill, introduced by the gentleman from The Clerk read the title of the bill. U.S. District Court for the Northern New York (Mr. MCMAHON), clarifies the exist- The text of the bill is as follows: District of New York dismissed their ing authority of, and as necessary provides H.R. 6016 case. The Second Circuit’s decision re- express authorization for, public authorities to manded and reinstated the action, Be it enacted by the Senate and House of Rep- offer discounts in transportation tolls to resi- resentatives of the United States of America in which will now move forward in the dents of communities faced with limited trans- Congress assembled, district court. portation access and heavy toll burdens. SECTION 1. SHORT TITLE. H.R. 3960 provides express congres- This Act may be cited as the ‘‘Audit the sional authorization for these dis- I have long been concerned about the high cost that highway or bridge tolls may impose BP Fund Act of 2010’’. counts, and it makes clear that resi- SEC. 2. INVESTIGATION AND AUDIT. dential toll and fare discounts are con- on those who lack transportation alternatives. H.R. 3960 helps to respond to these concerns. (a) IN GENERAL.—The Comptroller General stitutional, fair, and necessary to help shall conduct an ongoing independent inves- alleviate the heavy toll burdens paid A number of communities across the nation tigation and audit of the operations of the by so many captive tollpayers across have limited transportation access because fund and claims process created by BP to the Nation. This is a national issue, af- the communities are located on islands, penin- compensate persons affected by the BP Deep- fecting every person in communities sulas, or other geographically-constrained water Horizon oil spill in the Gulf of Mexico burdened by high tolls and fares, many areas. Furthermore, residents of, and com- beginning on April 20, 2010, as those oper- of whom would otherwise be unable to muters into, some of these localities face ations take place to determine their effec- bridge tolls every time they enter or depart tiveness, including the timeliness of claim travel without these critical discounts. payments and the accuracy of those oper- Let me be clear about a few things: their communities. ations in determining amounts of damages First, the bill does not in any way Due to geography and the presence of tolls, compensated. limit the existing ability of States, residents and commuters in these commu- (b) USE OF SUBPOENA POWER.—The Comp- local governments or local transpor- nities often pay far more for transportation ac- troller General may use any investigative tation agencies to provide discounts to cess than residents and commuters in other powers, including those of subpoena granted captive tollpayers or to other areas. Such increased transportation costs to the Comptroller General for the purposes of other investigations and audits, to con- tollpayers, nor does this bill provide can impose a significant and unfair burden on any additional Federal authority over duct this investigation and audit. these ‘‘captive toll payers.’’ (c) REPORT TO CONGRESS.—Every 90 days State or local decision-making. In fact, To address this inequality, and to reduce during the operations, and once after all the bill actually safeguards current the undue financial hardship on these individ- those operations are completed, the Comp- State and local power. uals, a number of localities have implemented troller General shall report to Congress on All this bill actually does is provide programs that offer residentially-based toll dis- the effectiveness of those operations. an extra layer of protection against counts. The Federal Highway Administration SEC. 3. SENSE OF CONGRESS. court challenges for those States, local recognizes the authority of States and local- It is the sense of Congress that— governments and local transportation ities to operate these toll discount programs. (1) BP should fully cooperate with the agencies that choose to offer discounts Comptroller General to assure that the BP H.R. 3960 does not mandate the use of to captive tollpayers, like the people I relief fund is accurately, expediently, and ef- represent, who suffer disproportionate residentially-based toll discount programs. It ficiently compensating Gulf coast victims of toll burdens. Since article I, section 8 simply makes clear that Federal law allows the BP Deepwater Horizon oil spill for their public authorities to offer these programs to losses; and of the United States Constitution gives (2) the costs incurred by the Comptroller Congress ‘‘the power to regulate com- captive toll payers. In short, this bill reinforces the right of com- General to carry out responsibilities under merce among the several States,’’ H.R. this Act should be reimbursed by BP. 3960 provides an express congressional munities to reduce the extreme toll burdens borne by captive toll payers, and it does so The SPEAKER pro tempore. Pursu- statement under that provision, sup- ant to the rule, the gentleman from porting the current ability of States, without infringing on any State or local laws or existing programs. New York (Mr. MCMAHON) and the gen- local governments and local transpor- tleman from New Jersey (Mr. tation agencies to issue discounts to I urge my colleagues to join me in sup- LOBIONDO) each will control 20 min- porting H.R. 3960. captive tollpayers. utes. However, toll discounts or govern- Mr. LoBiondo. I yield back the bal- The Chair recognizes the gentleman ment actions designed to give pref- ance of my time. from New York. erential treatment to residents of their Mr. MCMAHON. Mr. Speaker, I yield GENERAL LEAVE States at the expense of other States back the balance of my time. or of the national economy will receive Mr. MCMAHON. Mr. Speaker, I ask The SPEAKER pro tempore. The unanimous consent that all Members no benefits from this bill, and they will question is on the motion offered by likely be struck down by the courts as may have 5 legislative days within the gentleman from New York (Mr. which to revise and extend their re- violating the commerce clause. There- MCMAHON) that the House suspend the fore, I urge all of my colleagues to sup- marks and to include extraneous mate- rules and pass the bill, H.R. 3960, as rial on H.R. 6016. port this critical legislation. amended. I thank Chairman OBERSTAR, Chair- The SPEAKER pro tempore. Is there The question was taken; and (two- man DEFAZIO and their terrific staffs objection to the request of the gen- thirds being in the affirmative) the for working with me to revise this bill tleman from New York? rules were suspended and the bill, as to be sure we protect captive tollpayers There was no objection. amended, was passed. and for helping to bring this bill to the Mr. MCMAHON. I yield myself such floor today. I also thank my legislative The title was amended so as to read: time as I may consume. director, Jeff Siegel, a Staten Islander ‘‘A bill to clarify the existing author- Mr. Speaker, H.R. 6016 requires the who grew up paying these unfair tolls ity of, and as necessary provide express Comptroller General of the Govern- and who knows quite well the inequity authorization for, public authorities to ment Accountability Office to conduct that exists. offer discounts in transportation tolls an independent investigation and audit Mr. Speaker, I reserve the balance of to captive tollpayers, and for other of the operations of the fund and my time. purposes.’’. claims process created by BP in re- Mr. LOBIONDO. Mr. Speaker, the A motion to reconsider was laid on sponse to the Deepwater Horizon oil gentleman from New York did an excel- the table. spill disaster.

VerDate Mar 15 2010 07:20 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.237 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7144 CONGRESSIONAL RECORD — HOUSE September 28, 2010 This fund and claims process, estab- We have heard complaints from State fered financial misfortune are duly com- lished by BP after negotiations with and local attorneys critical of the over- pensated. the Obama administration, was created ly restrictive terms. Others have said GAO has a long history of auditing pro- to ensure that the lives and livelihoods there’s not been enough time to assess grams. As such, it is well-situated to bring its of those adversely affected by this mas- the damages. Others are concerned experience to bear and report its findings to sive oil spill would be duly com- that fraudsters will take money away Congress. This legislation requires that the pensated for their losses. Mr. Speaker, from those honest people and families Comptroller General report to Congress every it is clear that the Deepwater Horizon and businesses that are waiting for 90 days. This reporting requirement will keep oil spill disaster caused immeasurable their dollars. Congress abreast of the effective workings of damage to both the livelihoods of the And thus far, the fund has paid out the Fund—but will also not overburden GAO’s gulf coast population and to the gulf about $400 million to approximately resources. coast ecosystem. 30,000 claimants. Obviously, that is I urge my colleagues to join me in sup- From the outset, BP volunteered about 2 percent of the fund. That is porting H.R. 6016. that it would compensate victims of slow—we think a little too inefficient Mr. LOBIONDO. I yield back the bal- the spill for their losses. However, as for those who have been damaged—and ance of my time. with any process for compensation, this is precisely why we need this bill, Mr. MCMAHON. Mr. Speaker, I sup- there is a need for transparency, for ef- to ensure that the fund functions as it port this legislation, and I yield back ficiency and for equity in compensa- should. the balance of my time. tion. This legislation can provide an- With that, I urge support for H.R. The SPEAKER pro tempore (Mr. other avenue to ensure that these es- 6016. TONKO). The question is on the motion sential elements are included in any Mr. OBERSTAR. Mr. Speaker, I rise in sup- offered by the gentleman from New compensation paid out of the BP fund port of H.R. 6016, as amended, the ‘‘Audit the York (Mr. MCMAHON) that the House and claims process. BP Fund Act of 2010’’. This legislation re- suspend the rules and pass the bill, Specifically, this legislation directs the GAO quires the Government Accountability Office H.R. 6016, as amended. to undertake an ‘‘ongoing independent inves- (GAO) to undertake an ongoing audit and in- The question was taken; and (two- tigation and audit’’ of the BP fund and claims vestigation of the BP Oil Spill Victims Com- thirds being in the affirmative) the process—specifically targeting the effective- pensation Fund (Fund). This bill authorizes rules were suspended and the bill, as ness of the fund and claims process, the effi- GAO to use its subpoena power to ensure that amended, was passed. ciency in which the claims process operates, victims of the oil spill are provided with com- A motion to reconsider was laid on and the accuracy in accounting for and paying pensation in a timely manner, the claim the table. out of claims. The legislation authorizes GAO amounts are determined accurately, and the f to use its underlying subpoena power, where operations process occurs effectively. GAO necessary, to ensure the accuracy and com- will be required to report its findings to Con- RECOGNIZING LIBRARY OF CON- pleteness of its audit and investigation. gress every 90 days until the operations of the GRESS AND NATIONAL BOOK Finally, Mr. Speaker, this legislation requires Fund are completed, in approximately three FESTIVAL the GAO to issue a report to Congress every years. Mrs. DAVIS of California. Mr. Speak- 90 days during its audit and investigation, as The BP Deepwater Horizon oil spill caused er, I move to suspend the rules and well as a final report to Congress when the BP immeasurable damage both to the livelihoods agree to the resolution (H. Res. 1646) fund and claims process is completed. This in- of the Gulf coast population and to the Gulf recognizing the commitment and ef- formation is essential for Congress to continue coast ecosystem. From the outset, BP volun- forts made by the Library of Congress its ongoing oversight of the response and re- teered that it would compensate victims of the to promote the joy of reading through covery of what is now likely the world’s fifth spill. This summer, the White House secured the sponsorship of the National Book largest oil spill in history. a legally-binding commitment from BP to es- Festival. I reserve the balance of my time. tablish a $20 billion fund to compensate vic- The Clerk read the title of the resolu- Mr. LOBIONDO. I yield such time as tims of the spill. A central element of this Fund he may consume to the gentleman tion. is that any fines and penalties that may be The text of the resolution is as fol- from Texas (Mr. BRADY). levied against BP and its partners shall remain lows: b 2010 wholly separate from the Fund itself. BP has H. RES. 1646 Mr. BRADY of Texas. I thank my also committed to honor any legitimate claims Whereas the National Book Festival is a friend, the gentleman from New Jersey that would result in expenditures above and great national treasure that fosters the joy (Mr. LOBIONDO), for yielding. beyond the agreed-upon $20 billion. of reading; Mr. Speaker, I rise today in support The challenge with any victims compensa- Whereas the first National Book Festival of H.R. 6016, the Audit the BP Fund Act tion fund is determining who gets —what, and was held on September 8, 2001, and was orga- of 2010. I urge support for the bill that how much. The agreement brokered by the nized and sponsored by the Library of Con- would provide for an ongoing inde- White House creates an entity known as the gress and hosted by First Lady Laura Bush; Whereas the first National Book Festival, pendent Government Accountability Independent Claims Facility (ICF) to establish and implement a process by which claims will held on the grounds of the Library of Con- Office investigation and audit of the gress and the United States Capitol, was operations of the compensation fund be evaluated and distributed. The White such a success that it has become an annual created by BP to reimburse those who House and BP agreed that Kenneth Feinberg event; were harmed by the BP Deepwater Ho- would be appointed to run the ICF and over- Whereas the National Book Festival has rizon oil spill in the Gulf of Mexico be- see the claims process. Mr. Feinberg was the grown in popularity, in recent years bringing ginning on April 20, 2010. Special Master in charge of the September over 130,000 book lovers to the National Mall; The bill specifically determines the 11th Victims Compensation Fund. His per- Whereas the National Book Festival each effectiveness, including the timeliness formance in that very difficult undertaking was year has featured more than 70 award-win- widely praised. As a result—and based on his ning and nationally known authors, illustra- of claim payments and the accuracy of tors, poets and storytellers; these operations in determining other professional experiences—Mr. Feinberg Whereas the National Book Festival in- amounts of damages compensated. is certainly the logical choice to run the ICF vites readers from around the Nation to cele- I believe the BP fund was established fund. brate books, reading, and creativity; to help make whole the economies While we do not doubt Mr. Feinberg’s ca- Whereas the National Book Festival con- along the gulf coast that were damaged pacity and willingness for ensuring that the BP venes representatives from all 50 states, the or destroyed by the disaster. $20 bil- Oil Spill Victims Compensation Fund claims District of Columbia, and the territories and lion, as we know, is a tremendous process occurs in an irreproachable manner, possessions to join the Festival’s ‘‘Pavilion amount of money, and it can go a long the BP spill was very much a matter of na- of the States’’, where they may discuss and distribute materials about their respective way to compensate gulf coast victims tional interest and concern. This legislation will reading and literacy-promotion programs; of the spill. provide an oversight mechanism to ensure Whereas the 2010 National Book Festival We must ensure that compensation is that the commitments of BP, negotiated by the will be the 10th National Book Festival, rep- done fairly, timely, and without bias, White House, are fulfilled by all parties, and resenting a milestone for the Library of Con- political pressure, or fraud. that—most importantly—those that have suf- gress and the Nation; and

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.240 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7145 Whereas the 2010 National Book Festival The festival highlights and dem- pass the bill (H.R. 512) to amend the will be held on the National Mall on Sep- onstrates the importance of literacy, Federal Election Campaign Act of 1971 tember 25, 2010, and will be sponsored and or- creativity, and imagination in our to prohibit certain State election ad- ganized by the Library of Congress and sup- schools, our young people, and ministration officials from actively ported by Honorary Co-chairs President throughout our society. The festival Barack Obama and First Lady Michelle participating in electoral campaigns, Obama: Now, therefore, be it vividly brings to life the richness of as amended. Resolved, That the House of Representa- books and fosters a lifelong love of The Clerk read the title of the bill. tives— reading. The text of the bill is as follows: (1) recognizes the commitment and efforts So we congratulate the Library of H.R. 512 made by the Library of Congress to promote Congress for its achievements in Be it enacted by the Senate and House of Rep- the joy of reading through the sponsorship of hosting the festival and wish them con- resentatives of the United States of America in the National Book Festival; tinued success. I urge my colleagues to Congress assembled, (2) recognizes and emphasizes the impor- support this resolution. SECTION 1. SHORT TITLE. tant historic and ongoing role of the Library Mr. JOHNSON of Georgia. Mr. Speaker, I This Act may be cited as the ‘‘Federal of Congress in organizing and running the rise today to applaud the actions of the House Election Integrity Act of 2010’’. National Book Festival; and SEC. 2. FINDINGS. (3) encourages all Americans to celebrate of Representatives in recognizing the commitment and efforts made by the Library of Con- Congress finds that— the 10th National Book Festival, ‘‘A Decade (1) chief State election administration offi- of Words and Wonder’’. gress to promote the joy of reading through the National Book Festival. I support the Li- cials have served on political campaigns for The SPEAKER pro tempore. Pursu- Federal candidates whose elections those of- ant to the rule, the gentlewoman from brary of Congress in its efforts to promote and ficials will supervise; foster the joy of reading. California (Mrs. DAVIS) and the gen- (2) such partisan activity by the chief On September 25, 2010, the Library of Con- tleman from California (Mr. DANIEL E. State election administration official, an in- gress held its tenth National Book Festival on dividual charged with certifying the validity LUNGREN) each will control 20 minutes. the National Mall. President Barack Obama The Chair recognizes the gentle- of an election, represents a fundamental con- and First Lady Michelle Obama served as the flict of interest that may prevent the official woman from California. honorary chairs for this event. The National from ensuring a fair and accurate election; GENERAL LEAVE Book Festival invites readers from around the (3) this conflict impedes the legal duty of Mrs. DAVIS of California. Mr. Speak- nation to celebrate books, reading, and cre- chief State election administration officials er, I ask unanimous consent that all ativity. It gives attendees from across the to supervise Federal elections, undermines the integrity of Federal elections, and di- Members have 5 legislative days to re- country the opportunity to visit with more than vise and extend their remarks in the minishes the people’s confidence in our elec- 70 award-winning authors who will talk’ about toral system by casting doubt on the results RECORD and to include extraneous mat- and sign their books. Over the past ten years, of Federal elections; ter. the National Book Festival has grown in popu- (4) the Supreme Court has long recognized The SPEAKER pro tempore. Is there larity. Last year, it brought more than 130,000 that Congress’s power to regulate Congres- objection to the request of the gentle- book lovers, including those from my home sional elections under Article I, Section 4, woman from California? state of Georgia, to the National Mall. Clause 1 of the Constitution is both plenary There was no objection. As the resolution states, the National Book and powerful; and Mrs. DAVIS of California. I yield my- Festival is a national treasure that fosters the (5) the Supreme Court and numerous appel- self such time as I may consume. joy of reading. Even in this modern digital age, late courts have recognized that the broad Today, we commemorate the 10th an- reading has a host of benefits. Reading devel- power given to Congress over Congressional elections extends to Presidential elections. niversary of the National Book Fes- ops our creativity, broadens our interests, and SEC. 3. PROHIBITION ON CAMPAIGN ACTIVITIES tival. The Library of Congress’ com- introduces us to new things and different parts BY CHIEF STATE ELECTION ADMIN- mitment to the spread of knowledge is of the world. I am proud that Georgia was rep- ISTRATION OFFICIALS. well-known and so is their unbridled resented at the National Book Festival, along (a) IN GENERAL.—Title III of the Federal joy of books and reading. with all 50 states and the District of Columbia, Election Campaign Act of 1971 (2 U.S.C. 431 I am pleased to be a cosponsor of this at the Pavilion of the States where representa- et seq.) is amended by inserting after section resolution, along with all the members tives were able to discuss and distribute mate- 319 the following new section: of the Committee on House Adminis- rials about Georgia’s reading and literacy pro- ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE tration, and would like to congratulate grams. ELECTION ADMINISTRATION OFFICIALS the Library of Congress on another Mr. Speaker, I urge my colleagues to join ‘‘SEC. 319A. (a) PROHIBITION.—It shall be highly successful National Book Fes- me in support of this resolution. unlawful for a chief State election administration official to take an active part in po- tival and laud their continued efforts Mr. Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield back litical management or in a political cam- to spread the joy and wonder of read- paign with respect to any election for Fed- ing. the balance of my time. Mrs. DAVIS of California. Mr. Speak- eral office over which such official has super- I reserve the balance of my time. visory authority. Mr. DANIEL E. LUNGREN of Cali- er, I’m pleased to join with my col- ‘‘(b) CHIEF STATE ELECTION ADMINISTRA- fornia. Mr. Speaker, I yield myself such league in recognizing the successful an- TION OFFICIAL.—The term ‘chief State elec- time as I may consume. nual book festival. It did set a new at- tion administration official’ means the high- Mr. Speaker, I rise today in support tendance record, and we’re delighted est State official with responsibility for the of H. Res. 1646. I was privileged to be and we look forward to next year. administration of Federal elections under Mr. Speaker, I yield back the balance State law. the main sponsor of this, but this is ‘‘(c) ACTIVE PART IN POLITICAL MANAGE- one of those unique bills where every of my time. The SPEAKER pro tempore. The MENT OR IN A POLITICAL CAMPAIGN.—The single member of the committee, Dem- question is on the motion offered by term ‘active part in political management or ocrat and Republican, sponsored it. in a political campaign’ means— the gentlewoman from California (Mrs. That is not unusual in the sense that ‘‘(1) serving as a member of an authorized DAVIS) that the House suspend the committee of a candidate for Federal office; the goal of this bill is to celebrate one rules and agree to the resolution, H. of the greatest gifts we can give to our ‘‘(2) the use of official authority or influ- Res. 1646. ence for the purpose of interfering with or af- children; that is, the gift of reading. The question was taken; and (two- fecting the result of an election for Federal The first Library of Congress Na- thirds being in the affirmative) the office; tional Book Festival was held on Sep- rules were suspended and the resolu- ‘‘(3) the solicitation, acceptance, or receipt tember 8, 2001, so this year it cele- tion was agreed to. of a contribution from any person on behalf brates its 10th anniversary with an- A motion to reconsider was laid on of a candidate for Federal office; and other highly attended, all-day event the table. ‘‘(4) any other act which would be prohib- and remarkable panoply of authors. ited under paragraph (2) or (3) of section f The National Book Festival has only 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph ap- grown in popularity over this last dec- FEDERAL ELECTION INTEGRITY ACT OF 2010 plies (other than any prohibition on running ade, and this year’s estimate is that for public office). over 150,000 individuals attended the Mrs. DAVIS of California. Mr. Speak- ‘‘(d) EXCEPTION FOR CAMPAIGNS OF OFFICIAL 2010 festival this past Saturday. er, I move to suspend the rules and OR IMMEDIATE FAMILY MEMBERS.—

VerDate Mar 15 2010 08:59 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.150 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7146 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(1) IN GENERAL.—This section does not It’s right. Under current law—people fullback for Stanford didn’t even come apply to a chief State election administra- probably are surprised by this. Under close to making a first down, and yet tion official with respect to an election for current law, the chief election official, with some myopic vision, they were Federal office in which the official or an im- the person who actually is certifying given a first down. But I would not sug- mediate family member of the official is a candidate. the final validity of the results, can be gest there was a conflict there. The ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— actively backing a side by giving a can- way we played, we would have lost any- In paragraph (1), the term ‘immediate family didate money or other support. It is way. member’ means, with respect to a candidate, the equivalent of a person being a play- I would just say that we should pro- a father, mother, son, daughter, brother, sis- er and referee at the same time. In ceed with great caution before depriv- ter, husband, wife, father-in-law, or mother- sports, everyone knows who the refs ing any individual State official or in-law.’’. are because they wear the stripes. In non-State official of their full rights as (b) EFFECTIVE DATE.—The amendments citizens to participate in the electoral made by subsection (a) shall apply with re- elections, the officials can actually run spect to elections for Federal office held plays on the field and blow the whistle, process. Unfortunately, I feel the ma- after December 2010. all while wearing team jerseys and jority has preceded with H.R. 512 with- SEC. 4. COMPLIANCE WITH STATUTORY PAY-AS- being head of the booster club. out adequate justification. The bill YOU-GO ACT OF 2010. does prohibit the chief State election b 2020 The budgetary effects of this Act, for the administrator from taking an active purpose of complying with the Statutory The election official may be and role in a political campaign of any Fed- Pay-As-You-Go Act of 2010, shall be deter- probably is—I would suspect mostly is eral office. mined by reference to the latest statement making the right calls. But it doesn’t titled ‘‘Budgetary Effects of PAYGO Legisla- And while this bill places significant tion’’ for this Act, submitted for printing in look unbiased, and it certainly doesn’t restrictions on the ability of secre- the Congressional Record by the Chairman of inspire confidence in the system and in taries of State to participate in the po- the House Budget Committee, provided that the results. litical process, it does so, in my judg- such statement has been submitted prior to As a former president of the League ment, without producing any justifica- the vote on passage. of Women Voters in San Diego and a tion why such a drastic action is war- The SPEAKER pro tempore. Pursu- proud American voter myself, I know ranted. Restricting secretaries of State ant to the rule, the gentlewoman from that election officials are entrusted from their First Amendment right to California (Mrs. DAVIS) and the gen- with a crucial responsibility for our de- speak without any history of abuse is a tleman from California (Mr. DANIEL E. mocracy. Their only allegiance must dangerous precedent this House should LUNGREN) each will control 20 minutes. be to the will of the voters, not to par- not undertake. The Chair recognizes the gentle- tisan political agendas or special inter- I notice that in the bill before us, we woman from California. ests. have exceptions. That is, if the sec- GENERAL LEAVE Americans are craving good govern- retary of State is himself or herself Mrs. DAVIS of California. Mr. Speak- ment solutions to problems facing our running for Federal office, they con- er, I ask unanimous consent that all country, and this legislation is just tinue to be the secretary of State and Members have 5 legislative days to re- that. Congress should not wait for an- the chief election officer. The analogy vise and extend their remarks in the other Florida or Ohio before passing a that was drawn between this situation RECORD and to include extraneous mat- bill that should not be a partisan fight. and a Federal judge is an inept analogy ter on this legislation. In fact, this isn’t a partisan issue. It’s because, I believe, under the canons of The SPEAKER pro tempore. Is there an issue of preserving the American ethics a Federal judge cannot run for objection to the request of the gentle- people’s faith and the integrity of our another Federal office while still occu- woman from California? democracy. This bill will finally close pying the position of Federal judge. There was no objection. the door on inherent conflict of inter- Mrs. DAVIS of California. I yield my- Also, if an immediate family member est. It certainly won’t solve every- self such time as I may consume. is running for Federal office, the elec- Mr. Speaker, H.R. 512 offers each thing, but it will help prevent future tion officer of the State is not prohib- Member of this body the opportunity controversies. ited. to help Americans feel confident that Those who want to oppose this bill It would seem to me that if you are their electoral process is fair and their can come up with all kinds of excuses going to argue for this bill on the basis interests are protected. This legisla- for their position. But let’s be clear: A of a conflict of interest, why do you ex- tion that we’re considering today vote against this bill is a vote for al- empt the greatest conflict of interest would take the long overdue step of lowing those who certify our elections that there would be? That is, if the prohibiting chief election officials from to fund-raise and rally for candidates election officer is running for a Federal playing a leadership role in the polit- of their choice. If you want our elec- office, she is allowed to do so and con- ical campaigns of Federal candidates tions to appear tainted, then go ahead tinue to be the chief election officer. If and elections over which they have su- and vote against this bill. But if you one of her immediate family members pervisory authority, and that includes think election officials should join is running, she—or he—is allowed to using their name, serving on a cam- Federal judges in restraining from po- continue to participate fully in all of paign committee, fundraising, or using litical activity, then I hope my col- that election process. their official office to interfere or af- leagues will join me in voting for this Now, if, in fact, the concern of the fect the results of an election. bill. majority is that there is a conflict of When I introduced this in the last Mr. Speaker, I reserve the balance of interest, it is interesting that what Congress, they gave us the number my time. most people would consider to be the H.R. 101. Well, I thought that was pret- Mr. DANIEL E. LUNGREN of Cali- greatest example of a conflict of inter- ty fitting because this bill is so basic fornia. Mr. Speaker, I yield myself such est is not covered here. Now I will lis- you could call it Election Officiating time as I may consume. ten to the majority as they tell us why 101, and as any novice knows, when the Mr. Speaker, I’m sorry that after the that happens. Perhaps it is what we outcome of a contest is determined by wonderful bipartisanship on the last call that difficult truth. The Constitu- judges, steps are taken to ensure that vote today I have to rise in opposition tion might come into play here. But I the judging is impartial so that every- to H.R. 512. would just wonder why, if they are one involved knows that the contest is When I heard the gentlelady talking going to say this is absolutely nec- fair, that they have confidence in the about the analogy to a football referee essary and that any of us vote against results, and that they want to partici- having a conflict with a team playing, it must want conflicts of interest, must pate. To actively support one side and I was reminded of the game I saw this wish that we have this cloud over our to be a judge is unthinkable in every last weekend where unfortunately my elections to exist, why those situations kind of competition I can think of, ex- alma mater, Notre Dame, didn’t do too which would seem to be the greatest cept, Mr. Speaker, one, our elections, well against a Pac-10 team with Pac-10 opportunity for that concern are spe- the most important contest in our referees. As a matter of fact, there was cifically exempted under the terms of country. one case where it was clear that the this bill.

VerDate Mar 15 2010 08:59 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.161 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7147 We can all agree that if someone is you had had there, you had had the candidate for Federal office, or the use breaking the law and abusing their New Klux Klan party dressed in white of official authority, official authority power to try to skew elections, they robes with billy clubs, standing in to influence for the purpose of inter- should be prosecuted accordingly. If, front of a voting place with both blacks fering with or affecting the result of an for instance, someone is standing out- and whites coming in, whether we election for Federal office. side a polling place with a billy club in would not have raised our voices in That is a very different situation his hand and is making threatening protest against that and demanded than what my colleague is referring to. gestures to people as they come before that the full extent of the law be And he seems to be concerned about him, have to pass by him to vote, and brought against those people. the Secretaries of State. I respect them this person has had a record of saying b 2030 greatly. A lot of them support this bill. that ‘‘crackers’ babies ought to be Some of them don’t. I am not sure I un- killed’’ and stands on the street corner But, no, we find ourselves too busy derstand why they don’t, because what condemning racially mixed couples, doing other things, too busy doing we are doing here is talking about not but yet we have a Justice Department other things, bringing comedians to them so much as the voters. It is about which says that that doesn’t violate Washington, DC and forgetting about the voters. And the most important any laws. something taking place at that exact thing is that voters trust that elections Maybe I would be a little more con- moment, where a career attorney in are fair. cerned about the bill before us if I the Justice Department, who has been And my colleague would suggest that found any evidence whatsoever of the banished to some hinterland—I don’t maybe there shouldn’t be any rules; other side being concerned about the mean to say that. That might be some- but I think we do have some rules, and New Black Panther Party standing one’s State that someone here rep- it is important that we have them. We there all dressed in black with a billy resents. I apologize—who has been sent have them for judges as well. club as people come forward, and one of a way from main Justice and the basic the two individuals is known as some- responsibility he has had for protecting So I think we need to understand one who has made those kinds of the rights of citizens and their votes, what is in this bill. It is not solving all threats against somebody else merely where he has testified, and yet we the problems that have been raised, but because they are of another race. couldn’t spend the time to pay atten- it is solving a very important one for Now if we want to bring that forward, tion to him, nor have we scheduled any voters. And they do need to feel, and I think we could get a strong vote of hearings whatsoever in this Congress. we saw it happen in our history, in our support here. But we can’t even get a Something is wrong. pretty recent history, that it is an hearing on that. We haven’t heard a So I don’t in any way suggest the issue for people. It should be. thing from our Judiciary Committee. gentlelady had anything to do with Why shouldn’t people be concerned It’s more important to bring Steve that or that this bill interferes with it. that their State official person who is Colbert to testify before our com- I am trying to show the contrast of overseeing, who is supervising elec- mittee, for him to remain in character. what I happen to think is an imme- tions doesn’t have a bias that is quite Maybe we ought to bring one of those diate problem, as opposed to the poten- clear? New Black Panthers to our committee tial problem that the gentlelady here Mr. Speaker, many years ago I was and have him in character, as he was has spoken about. very active with the League of Women on the day of election. Maybe then we It is an immediate problem when you Voters. And one of the rules is, if you would be getting down to our concern have a situation with people with billy are a key official, a vice president for equal treatment of each and every clubs standing in front of a voting poll overseeing the election process for that voter in America. with a reputation for having talked organization, for the community, or a But when you have a Justice Depart- about the fact that people need to kill president, that you don’t get involved ment which decides they are not going babies for the very reason that they in political activity. That is one of the to treat people equally based on their happen to be of another race. That rules. I thought it was a great rule, and race, as was testified to last week, last ought to outrage Americans. It ought I was very happy to adhere to it. Friday at the same time on the same day as Mr. Colbert was gracing us with to outrage every one of us here, and it This gets to be serious business be- his presence in our Judiciary Com- ought to outrage everybody at the Jus- cause we have people out in the streets mittee, and where we had this rush, tice Department, but thus far it has and we know that because they were this tremendous rush of cameras to not. concerned about this issue. So I think cover him, yet we have very little cov- Mr. Speaker, I yield back the balance this is important. It is very narrowly erage of the amazingly cogent testi- of my time. drawn, of course, and it should be. And mony about terrible decisions that Mrs. DAVIS of California. Mr. Speak- I would certainly hope that my col- were made in the Justice Department er, it is really interesting to me be- leagues would really take a serious in the voting rights section of the Civil cause one of the first things I think my look at this because we need to ensure Rights Division. That ought to be what colleague said was that this was some- that voters trust the election. That is we take our time discussing here. how drastic legislation. And yet he what this is about. And I believe that I’m not trying to denigrate the gen- went on to go out and think about how they have every right, and we have tlelady’s efforts here. I understand her he might expand it. every right to make certain that that sincerity in this bill. We have a dispute Well, I appreciate the issues that he judgment is there, and that there is over whether this bill is the proper re- is referring to. Those are issues that, in nothing that gets in the way between sponse to the situation she sees. But I fact, the Justice Department is looking the voters and the political process. find it very, very interesting that we at, a number of allegations that they Remember, these are Federal elec- can find time to bring comedians to are looking at. tions. And article I, section 4 of the Washington, D.C., to testify before But that is not part of this bill. And Constitution gives Congress the au- committees, but we can’t find the time I go back and I ask my colleague, thority to makes laws governing the with the committees of jurisdiction to please read the bill. The bill talks time, the place and the manner of hold- investigate what appears to be an abso- about an active part that a chief State ing Federal elections. This is in our lute disgrace with respect to the pro- election official might take in political purview. I urge my colleagues to sup- tection of individuals. management or in a political cam- port this measure. I would just ask this question: If in- paign, which means serving as a mem- Mr. Speaker, I yield back the balance stead of the New Black Panther Party ber of an authorized committee of a of my time.

VerDate Mar 15 2010 08:59 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.248 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7148 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The SPEAKER pro tempore. The The question was taken. The yeas and nays were ordered. The SPEAKER pro tempore. In the question is on the motion offered by The SPEAKER pro tempore. Pursu- the gentlewoman from California (Mrs. opinion of the Chair, two-thirds being in the affirmative, the ayes have it. ant to clause 8 of rule XX and the DAVIS) that the House suspend the Mr. DANIEL E. LUNGREN of Cali- Chair’s prior announcement, further rules and pass the bill, H.R. 512, as fornia. Mr. Speaker, on that I demand proceedings on this motion will be amended. the yeas and nays. postponed.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record. h 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. 512, the Federal Election Integrity Act, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF PAY-AS-YOU GO EFFECTS FOR H.R. 512, THE FEDERAL ELECTION INTEGRITY ACT OF 2010, AS PROVIDED TO CBO BY THE HOUSE COMMITTEE ON THE BUDGET ON SEPTEMBER 27, 2010

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 a ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

a H.R. 512 would amend the Federal Election Campaign Act of 1971 to prohibit any chief state election administration official from taking part in the political management or campaign for any federal office, except under specified circumstances. Enacting the legislation could affect federal revenues by increasing the collections of fines for violations of the law. Such collections are recorded in the budget as revenues and in certain cases, may be spent without further appropriation. CBO estimates that any additional revenues and direct spending would be insignificant because of the small number of anticipated violations. 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. 3421, the Medical Debt Relief Act, as amended, for printing in the CONGRESSIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU GO EFFECTS FOR H.R. 3421, THE MEDICAL DEBT RELIEF ACT OF 2010, AS TRANSMITTED TO CBO ON SEPTEMBER 27, 2010

2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Statutory Pay-As-You-Go Impact a ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

a H.R. 3421 would prohibit credit reporting agencies from listing certain medical debts in consumer credit reports. Enacting the bill could increase the collection of civil penalties and this could affect federal revenues; CBO estimates that those amounts would not be significant. Pursuant to Public Law 111–139, after consultation with the Chairman of the Senate Budget Committee, and on behalf of both of us, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the House amendment to the Senate amendment to the bill H.R. 3619, the Coast Guard Authorization Act, for printing in the CON- GRESSIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR A DRAFT RESOLUTION PROVIDING FOR THE CONCURRENCE BY THE HOUSE IN THE SENATE AMENDMENT TO H.R. 3619, THE COAST GUARD AUTHORIZATION ACT OF 2010, WITH AMENDMENTS, AS PROVIDED TO CBO BY THE HOUSE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE ON SEPTEMBER 28, 2010

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 a ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

a Title VI of H.R. 3619 would authorize the U.S. Coast Guard (USCG) to extend certain expiring marine licenses, certificates of registry, and merchant mariners’ documents. Because the extension could delay the collection of fees charged for renewal of such documents, enacting this provision could reduce offsetting receipts over the next year or two. Some of those receipts may be spent without further appropriation, however, to cover collection costs. CBO estimates that the net effect on direct spending from enacting this provision would be insignificant. Title X of the legislation would establish new criminal and civil penalties. CBO estimates that any new revenues resulting from those penalties or related direct spending (of criminal penalties from the Crime Victims Fund) would be less than $500,00 a year. Other provisions of H.R. 3619 would direct the USCG to donate certain real and personal property to local governments or other nonfederal entities. CBO expects that, under current law, nearly all of that property would either be retained by the USCG or eventually given to other federal or nonfederal entities; therefore, donating those assets under the legislation would result in no significant loss of offsetting receipts. 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. 4168, the Algae-based Renewable Fuel Promotion Act, as amended, for printing in the CONGRES- SIONAL RECORD.

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 4168, THE ALGAE-BASED RENEWABLE FUEL PROMOTION ACT OF 2010, AS TRANSMITTED TO CBO ON SEPTEMBER 28, 2010

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 a ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

a H.R. 4168 would allow certain algae-based renewable fuels to qualify for the cellulosic biofuel tax credit, and would make the production facilities of those fuels eligible for the bonus depreciation allowed to cellulosic fuel facilities. The staff of the Joint Committee on Taxation estimates that the effect of these changes on federal revenues would be insignificant in any year and over the 2010–2020 period. 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. 4337, the Regulated Investment Company Modernization Act, as amended, for printing in the CON- GRESSIONAL RECORD.

VerDate Mar 15 2010 08:59 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00152 Fmt 4634 Sfmt 8634 E:\CR\FM\K28SE7.251 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7149 CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 4337, THE REGULATED INVESTMENT COMPANY MODERNIZATION ACT OF 2010, AS TRANSMITTED TO CBO ON SEPTEMBER 28, 2010

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 a ...... 0 ¥19 ¥24 ¥26 ¥27 ¥32 ¥37 ¥41 ¥46 ¥51 275 ¥131 ¥30

a H.R. 4337 would make a number of changes to the tax treatment of income from certain regulated investment companies. On net, the staff of the Joint Committee on Taxation estimates that these changes will increase federal revenues over the 2010–2020 period. Note: Components may not sum to totals because of rounding. 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. 5360, the Blinded Veterans Adaptive Housing Improvement Act of 2010, as amended, for printing in the CONGRESSIONAL RECORD. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 5360, THE HOUSING, EMPLOYMENT, AND LIVING PROGRAMS FOR VETERANS ACT OF 2010, AS PROVIDED TO CBO ON SEPTEMBER 27, 2010

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 54 ¥25 ¥36 ¥48 ¥58 ¥67 57 38 40 41 ¥113 ¥4 Note: H.R. 5360 contains several provisions that would both increase and decrease the costs of certain veterans’ programs, including veterans’ housing assistance, veterans’s readjustment benefits, and employment. 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. 6026, the Access to Congressionally Mandated Reports Act, as amended, for printing in the CON- GRESSIONAL RECORD. CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 6026, THE ACCESS TO CONGRESSIONALLY MANDATED REPORTS ACT, AS PROVIDED TO CBO BY THE HOUSE COMMITTEE ON THE BUDGET ON SEPTEMBER 28, 2010

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 a ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 a H.R. 6026 would require that all congressionally mandated reports be made available to the public on a website operated by the Office of Management and Budget. Enacting the legislation could affect direct spending by agencies not funded through annual appropriations, such as the Tennessee Valley Authority and the Bonneville Power Administration. CBO estimates, however, that any net increase in spending by those agencies would not be significant. Enacting H.R. 6026 would not affect revenues. 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. 61326, the Veterans Benefits and Economic Welfare Improvement Act of 2010, as amended, for printing in the CONGRESSIONAL RECORD. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 6132, THE VETERANS BENEFITS AND ECONOMIC WELFARE ACT OF 2010, PROVIDED BY THE HOUSE COMMITTEE ON THE BUDGET ON SEPTEMBER 27, 2010

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 a ...... 0 0 0 ¥4 ¥8 ¥11 4 4 4 4 4 ¥23 ¥3 a H.R. 6132 would exclude certain payments from the annual income determination for veterans pension purposes, extend the authority for the Department of Veterans Affairs to complete an income verification match with the Internal Revenue Service, and increase the amount of monthly pensionh payable to Medal of Honor recipients.

EXECUTIVE COMMUNICATIONS, tions for Shelled Walnuts [Doc. No.: AMS- search (RIN:0524-AA34) received September 1, ETC. FV-09-0036; FV09-984-4 FR] received Sep- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the tember 1, 2010, pursuant to 5 U.S.C. Committee on Agriculture. Under clause 2 of rule XIV, executive 801(a)(1)(A); to the Committee on Agri- communications were taken from the culture. 9670. A letter from the Administrator, De- Speaker’s table and referred as follows: 9667. A letter from the Administrator, De- partment of Agriculture, transmitting the Department’s final rule — Milk in the North- 9664. A letter from the Administrator, De- partment of Agriculture, transmitting the Department’s final rule — National Organic east and Other Marketing Areas; Order partment of Agriculture, transmitting the Program; Amendment to the National List Amending the Orders [Doc. No.: AMS-DA-09- Department’s final rule — Apricots Grown in of Allowed and Prohibited Substances (Live- 0062; AO-14-A73, et al,; DA-03-10] received Designated Counties in Washington; In- stock) [Document Number: AMS-NOP-10- September 1, 2010, pursuant to 5 U.S.C. creased Assessment Rate [Doc. No.: AMS- 0051; NOP-10-041R] (RIN: 0581-AD04) received FV-10-0050; FV10-922-1 FR] received Sep- 801(a)(1)(A); to the Committee on Agri- September 1, 2010, pursuant to 5 U.S.C. culture. tember 1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- 801(a)(1)(A); to the Committee on Agri- culture. 9671. A letter from the Deputy Secretary, culture. 9668. A letter from the Congressional Re- Department of Defense, transmitting the De- 9665. A letter from the Administrator, De- view Coordinator, Department of Agri- partment’s annual Developing Countries partment of Agriculture, transmitting the culture, transmitting the Department’s final Combined Exercise Program report of ex- Department’s final rule — Perishable Agri- rule — Cold Treatment Regulations [Docket penditures for Fiscal Year 2009, pursuant to cultural Commodities Act: Increase in Li- No.: APHIS-2006-0050] received September 1, 10 U.S.C. 2010; to the Committee on Armed cense Fees [Document No.: AMS-FV-08-0098] 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Services. (RIN: 0581-AC92) received September 1, 2010, Committee on Agriculture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9669. A letter from the Budget Coordinator, 9672. A letter from the Secretary, Depart- mittee on Agriculture. Research, Education & Economics, Depart- ment of the Army, transmitting determina- 9666. A letter from the Administrator, De- ment of Agriculture, transmitting the De- tion that the Excalibur program has exceed- partment of Agriculture, transmitting the partment’s final rule — United States De- ed the program acquisition unit cost base- Department’s final rule — Walnuts Grown in partment of Agriculture Research Mis- line, pursuant to 10 U.S.C. 2433(e)(1); to the California; Changes to the Quality Regula- conduct Regulations for Extramural Re- Committee on Armed Services.

VerDate Mar 15 2010 08:59 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.164 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7150 CONGRESSIONAL RECORD — HOUSE September 28, 2010 9673. A letter from the Director, Defense report on transactions involving U.S. exports Protection Agency, transmitting the Depart- Procurement and Acquisition Policy, De- to Mexico pursuant to Section 2(b)(3) of the ment’s final rule — Approval and Promulga- partment of Defense, transmitting the De- Export-Import Bank Act of 1945, as amended; tion of Air Quality Implementation Plans; partment’s final rule — Defense Federal Ac- to the Committee on Financial Services. Louisiana; Baton Rouge 8-Hour Ozone Non- quisition Regulation Supplement; Acquisi- 9686. A letter from the Chairman and Presi- attainment Area; Determination of Attain- tion Strategies to Ensure Competition dent, Export-Import Bank, transmitting a ment of the 8-Hour Ozone Standard [EPA- throughout the Life Cycle of Major Defense report on transactions involving U.S. exports R06-OAR-2010-0113; FRL-9197-8] received Sep- Acquisition Programs (DFARS Case 2009- to Mexico pursuant to Section 2(b)(3) of the tember 2, 2010, pursuant to 5 U.S.C. D014) received September 1, 2010, pursuant to Export-Import Bank Act of 1945, as amended; 801(a)(1)(A); to the Committee on Energy and 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Financial Services. Commerce. Armed Services. 9687. A letter from the Chairman and Presi- 9698. A letter from the Director, Regu- 9674. A letter from the Director, Defense dent, Export-Import Bank, transmitting a latory Management Division, Environmental Procurement and Acquisition Policy, De- report on transactions involving U.S. exports Protection Agency, transmitting the Depart- partment of Defense, transmitting the De- to Mexico pursuant to Section 2(b)(3) of the ment’s final rule — Change of Address for partment’s final rule — Defense Federal Ac- Export-Import Bank Act of 1945, as amended; Region 5 State and Local Agencies; Tech- quisition Regulation Supplement; Transpor- to the Committee on Financial Services. nical Correction [FRL-9198-2] received Sep- tation (DFARS Case 2003-D028) received Sep- 9688. A letter from the Chairman and Presi- tember 2, 2010, pursuant to 5 U.S.C. tember 1, 2010, pursuant to 5 U.S.C. dent, Export-Import Bank, transmitting the 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Armed transaction involving U.S. exports to the Re- Commerce. Services. public of Panama; to the Committee on Fi- 9699. A letter from the Director, Regu- 9675. A letter from the Under Secretary, nancial Services. latory Management Division, Environmental 9689. A letter from the Chairman and Presi- Department of Defense, transmitting a letter Protection Agency, transmitting the Depart- dent, Export-Import Bank, transmitting a on the approved retirement Lieutenant Gen- ment’s final rule -Approval and Promulga- report involving U.S. exports to Kuwait; to eral Keith W. Dayton, United States Army, tion of Air Quality Implementation Plans; the Committee on Financial Services. and his advancement to the grade of lieuten- 9690. A letter from the Secretary, Depart- Minnesota; Carbon Monoxide (CO) Limited ant general on the retired list; to the Com- ment of Health and Human Services, trans- Maintenance Plan for the Twin Cities Area mittee on Armed Services. mitting first annual financial reoprt as re- [EPA-R05-OAR-2010-0556; FRL-9197-9] re- 9676. A letter from the Under Secretary, quired by the Animal Generic Drug User Fee ceived September 2, 2010, pursuant to 5 Departmetnt of Defense, transmitting in- Act of 2009; to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on En- terim report on the submission of a plan for Commerce. ergy and Commerce. actions to eliminate the need for members of 9691. A letter from the Program Analyst, 9700. A letter from the Director, Regu- the Armed Forces and their dependants to Department of Transportation, transmitting latory Management Division, Environmental rely on the supplemental nutrition assist- the Department’s final rule — Federal Motor Protection Agency, transmitting the Depart- ance program; to the Committee on Armed Vehicle Theft Prevention Standard; Final ment’s final rule — Approval and Promulga- Services. Listing of 2011 Light Duty Truck Lines Sub- tion of Air Quality Implementation Plans; 9677. A letter from the Chair, Congres- ject to the Requirements of This Standard Maryland; Withdrawal of Direct Final Rule sional Oversight Panel, transmitting the and Exempted Vehicle Lines for Model Year [EPA-R03-OAR-2010-0431; FRL-9197-5] re- Panel’s monthly report pursuant to Section 2011 [Docket No.: NHTSA-2010-0070] (RIN: ceived September 2, 2010, pursuant to 5 125(b)(1) of the Emergency Economic Sta- 2127-AK68) received September 1, 2010, pursu- U.S.C. 801(a)(1)(A); to the Committee on En- bilization Act of 2008, Pub. L. 110-343; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee ergy and Commerce. Committee on Financial Services. on Energy and Commerce. 9701. A letter from the Secretary, Depart- 9678. A letter from the Acting Director, 9692. A letter from the Program Analyst, ment of the Treasury, transmitting a six- Single Family Housing Guaranteed Loan Di- Department of Transportation, transmitting month periodic report on the National Emer- vision, Department of Agriculture, transmit- the Department’s final rule — Federal Motor gency with respect to persons who commit, ting the Department’s final rule — Guaran- Vehicle Safety Standards; Electric-Powered threaten to commit, or support terrorism teed Single Family Housing Loans (RIN: Vehicles; Electrolyte Spillage and Electrical that was declared in Executive Order 13224 of 0575-AC85) received August 25, 2010, pursuant Shock Protection [Docket No.: NHTSA-2010- September 23, 2001, pursuant to 50 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 0021] (RIN: 2127-AK05) received September 1, 1641(c); to the Committee on Foreign Affairs. Financial Services. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9702. A letter from the Assistant Secretary, 9679. A letter from the Chairman and Presi- Committee on Energy and Commerce. Legislative Affairs, Department of State, dent, Export-Import Bank, transmitting a 9693. A letter from the Program Analyst, transmitting notification that effective Au- report on transactions involving U.S. exports Department of Transportation, transmitting gust 1, 2010, the danger pay allowance for the to Brazil pursuant to Section 2(b)(3) of the the Department’s final rule — Schedule of Cote D’Ivoire has been eliminated, pursuant Export-Import Bank Act of 1945, as amended; Fees Authorized by 49 U.S.C. 30141 [Docket to 5 U.S.C. 5928; to the Committee on For- to the Committee on Financial Services. No.: NHTSA 2010-0035; Notice 2] (RIN: 2127- eign Affairs. 9680. A letter from the Chairman and Presi- AK70) received September 1, 2010, pursuant 9703. A letter from the Acting Deputy Di- dent, Export-Import Bank, transmitting a to 5 U.S.C. 801(a)(1)(A); to the Committee on rector, Defense Security Cooperation Agen- report on transactions involving U.S. exports Energy and Commerce. cy, transmitting Transmittal No. 10-28, pur- to New Zealand pursuant to Section 2(b)(3) of 9694. A letter from the Program Analyst, suant to the reporting requirements of Sec- the Export-Import Bank Act of 1945, as Department of Transportation, transmitting tion 36(b)(1) of the Arms Export Control Act, amended; to the Committee on Financial the Department’s final rule — Federal Motor as amended; to the Committee on Foreign Services. Vehicle Safety Standards; Theft Protection Affairs. 9681. A letter from the Chairman and Presi- and Rollaway Prevention [Docket No.: 9704. A letter from the Director, Inter- dent, Export-Import Bank, transmitting a NHTSA 2010-0043] (RIN: 2127-AK38) received national Cooperation, Department of De- report on transactions involving U.S. exports September 1, 2010, pursuant to 5 U.S.C. fense, transmitting Pursuant to Section 27(f) to Turkey pursuant to Section 2(b)(3) of the 801(a)(1)(A); to the Committee on Energy and of the Arms Export Control Act and Section Export-Import Bank Act of 1945, as amended; Commerce. 1(f) of Executive Order 11958, Transmittal No. to the Committee on Financial Services. 9695. A letter from the Program Analyst, 10-12 informing of an intent to sign a Memo- 9682. A letter from the Chairman and Presi- Department of Transportation, transmitting randum of Understanding with Canada; to dent, Export-Import Bank, transmitting a the Department’s final rule — Federal Motor the Committee on Foreign Affairs. report on transactions involving U.S. exports Vehicle Safety Standards; Side Impact Pro- 9705. A letter from the Assistant Legal Ad- to Ireland pursuant to Section 2(b)(3) of the tection; Fuel System Integrity; Electric- visor for Treaty Affairs, Department of Export-Import Bank Act of 1945, as amended; Powered Vehicles: Electrolyte Spillage and State, transmitting report prepared by the to the Committee on Financial Services. Electrical Shock Protection [Docket No.: Department of State concerning inter- 9683. A letter from the Chairman and Presi- NHTSA-2010-0032] (RIN: 2127-AK48) received national agreements other than treaties en- dent, Export-Import Bank, transmitting a September 1, 2010, pursuant to 5 U.S.C. tered into by the United States to be trans- report on transactions involving U.S. exports 801(a)(1)(A); to the Committee on Energy and mitted to the Congress within the sixty-day to India pursuant to Section 2(b)(3) of the Commerce. period specified in the Case-Zablocki Act; to Export-Import Bank Act of 1945, as amended; 9696. A letter from the Senior Regulation the Committee on Foreign Affairs. to the Committee on Financial Services. Analyst, Department of Transportation, 9706. A letter from the Assistant Secretary, 9684. A letter from the Chairman and Presi- transmitting the Department’s final rule — Legislative Affairs, Department of State, dent, Export-Import Bank, transmitting a List of Nonconforming Vehicles Decided To transmitting a copy of the intention to obli- report on transactions involving U.S. exports Be Eligible for Importation [Docket No.: gate Fiscal Year 2010 Economic Support to Mexico pursuant to Section 2(b)(3) of the NHTSA-2006-0134] received August 24, 2010, Funds (ESF) on behalf of the Bureau of East Export-Import Bank Act of 1945, as amended; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Asian and Pacific Affairs; to the Committee to the Committee on Financial Services. mittee on Energy and Commerce. on Foreign Affairs. 9685. A letter from the Chairman and Presi- 9697. A letter from the Director, Regu- 9707. A letter from the Assistant Secretary, dent, Export-Import Bank, transmitting a latory Management Division, Environmental Legislative Affairs, Department of State,

VerDate Mar 15 2010 08:02 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\L28SE7.000 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7151 transmitting the Department’s annual re- 2120-AA64) received September 1, 2010, pursu- Registration and Renewal of Aircraft Reg- port on the extent and disposition of United ant to 5 U.S.C. 801(a)(1)(A); to the Committee istration; OMB Approval of Information Col- States contributions to international organi- on Transportation and Infrastructure. lection [Docket No.: FAA-2008-0118; Amdt. zations for fiscal year 2009, pursuant to 22 9717. A letter from the Program Analyst, Nos. 13-34, 47-29, 91-318] (RIN: 2120-AI89) re- U.S.C. 287b(b); to the Committee on Foreign Department of Transportation, transmitting ceived September 1, 2010, pursuant to 5 Affairs. the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on 9708. A letter from the Acting Executive Directives; Dowty Propellers R408/6-123F/17 Transportation and Infrastructure. Secretary, Agency for International Devel- Model Propellers [Docket No.: FAA-2009-0776; 9726. A letter from the Senior Program An- opment, transmitting a report pursuant to Directorate Identifier 2009-NE-32-AD; alyst, Department of Transportation, trans- the Federal Vacancies Reform Act of 1998; to Amendment 39-16403; AD 2010-17-11] (RIN: mitting the Department’s final rule — the Committee on Oversight and Govern- 2120-AA64) received September 1, 2010, pursu- Amendment of the Pacific High and Low Off- ment Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee shore Airspace Areas; California [Docket 9709. A letter from the Acting Exectutive on Transportation and Infrastructure. No.: FAA-2010-0187; Airspace Docket No. 09- Secretary, Agency for International Devel- 9718. A letter from the Program Analyst, AWP-10] (RIN: 2120-AA66) September 1, 2010, opment, transmitting a report pursuant to Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Federal Vacancies Reform Act of 1998; to the Department’s final rule — Airworthiness mittee on Transportation and Infrastruc- the Committee on Oversight and Govern- Directives; Rolls-Royce plc (RR) RB211-22B ture. ment Reform. and RB211-524 Series Turbofan Engines 9727. A letter from the Program Analyst, 9710. A letter from the Chairman, National [Docket No.: FAA-2009-1157; Directorate Department of Transportation, transmitting Transportation Safety Board, transmitting Identifier 2009-NE-26-AD; Amendment 39- the Department’s final rule — Airworthiness in accordance with Pub. L. 105-270, the Fed- 16402; AD 2010-17-10] (RIN: 2120-AA64) received Directives; Airbus Model A330-201, -202, -203, eral Activities Inventory Reform Act of 1998 September 1, 2010, pursuant to 5 U.S.C. -223, -243, -301, -302, -303, -321, -322, -323, -341, (FAIR Act), the Board’s inventory of 801(a)(1)(A); to the Committee on Transpor- -342, and -343 Airplanes, Model A340-211, -212, commerical activities for 2009; to the Com- tation and Infrastructure. -213, -311, -312, and -313 Airplanes, and Model mittee on Oversight and Government Re- 9719. A letter from the Program Analyst, A340-541 and -642 Airplanes [Docket No.: form. Department of Transportation, transmitting FAA-2010-0041; Directorate Identifier 2009- 9711. A letter from the Program Analyst, the Department’s final rule — Airworthiness NM-218-AD; Amendment 39-16392; AD 2010-17- Department of Homeland Security, transmit- Directives; Dassault-Aviation Model FAL- 02] (RIN: 2120-AA64) received August 24, 2010, ting the Department’s final rule — Air- CON 7X Airplanes [Docket No.: FAA-2010- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Agusta S.p.A. Model 0800; Directorate Identifier 2010-NM-162-AD; mittee on Transportation and Infrastruc- A119 and AW119 MKII Helicopters [Docket Amendment 39-16416; AD 2010-18-03] (RIN: ture. No.: FAA-2010-0806; Directorate Identifier 2120-AA64) received September 1, 2010, pursu- 9728. A letter from the Program Analyst, 2010-SW-071-AD; Amendment 39-16397; AD ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Transportation, transmitting 2010-15-51] (RIN: 2120-AA64) received August on Transportation and Infrastructure. the Department’s final rule — Airworthiness 24, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 9720. A letter from the Senior Program An- Directives; The Boeing Company Model 767- the Committee on Transportation and Infra- alyst, Department of Transportation, trans- 300 Series Airplanes [Docket No.: FAA-2010- structure. mitting the Department’s final rule — Estab- 0762; Directorate Identifier 2010-NM-011-AD; 9712. A letter from the Program Analyst, lishment of Restricted Area R-3405; Sullivan, Amendment 39-16393; AD 2010-17-03] (RIN: Department of Homeland Security, transmit- IN [Docket No.: FAA-2007-28633; Airspace 2120-AA64) received August 24, 2010, pursuant ting the Department’s final rule — Air- Docket No. 07-ASW-7] received August 24, to 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; PILATUS AIRCRAFT 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. LTD. Model PC-12/47E Airplanes [Docket No.: Committee on Transportation and Infra- 9729. A letter from the Program Analyst, FAA-2010-0583; Directorate Identifier 2010- structure. Department of Transportation, transmitting CE-028-AD; Amendment 39-16401; AD 2010-17- 9721. A letter from the Senior Program An- the Department’s final rule — Airworthiness 09] (RIN: 2120-AA64) received August 24, 2010, alyst, Department of Transportation, trans- Directives; Rolls-Royce plc RB211-524C2 Se- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — ries Turbofan Engines [Docket No.: FAA- mittee on Transportation and Infrastruc- Standard Instrument Approach Procedures, 2010-0521; Directorate Identifier 2009-NE-21- ture. and Takeoff Minimums and Obstacle Depar- AD; Amendment 39-16405; AD 2010-17-13] (RIN: 9713. A letter from the Program Analyst, ture Procedures; Miscellaneous Amendments 2120-AA64) received August 24, 2010, pursuant Department of Transportation, transmitting [Docket No.: 30738; Amdt. No. 3386] received to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness September 1, 2010, pursuant to 5 U.S.C. Transportation and Infrastructure. Directives; McDonnell Douglas Corporation 801(a)(1)(A); to the Committee on Transpor- 9730. A letter from the Program Analyst, Model MD-90-30 Airplanes [Docket No.: FAA- tation and Infrastructure. Department of Transportation, transmitting 2010-0433; Directorate Identifier 2009-NM-117- 9722. A letter from the Senior Program An- the Department’s final rule — Airworthiness AD; Amendment 39-16388; AD 2010-16-11] (RIN: alyst, Department of Transportation, trans- Directives; Airbus Model A380-800 Series Air- 2120-AA64) received August 24, 2010, pursuant mitting the Department’s final rule — planes [Docket No.: FAA-2010-0763; Direc- to 5 U.S.C. 801(a)(1)(A); to the Committee on Standard Instrument Approach Procedures, torate Identifier 2009-NM-253-AD; Amend- Transportation and Infrastructure. and Takeoff Minimums and Obstacle Depar- ment 39-16394; AD 2010-17-04] (RIN: 2120-AA64) 9714. A letter from the Program Analyst, ture Procedures; Miscellaneous Amendments received August 24, 2010, pursuant to 5 U.S.C. Department of Transportation, transmitting [Docket No.: 30739; Amdt. No. 3387] received 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness September 1, 2010, pursuant to 5 U.S.C. tation and Infrastructure. Directives; Pratt & Whitney Canada Corp. 801(a)(1)(A); to the Committee on Transpor- 9731. A letter from the Program Analyst, PW617F-E Turbofan Engines [Docket No.: tation and Infrastructure. Department of Transportation, transmitting FAA-2010-0246; Directorate Identifier 2010- 9723. A letter from the Senior Program An- the Department’s final rule — Airworthiness NE-16-AD; Amendment 39-16391; AD 2010-17- alyst, Department of Transportation, trans- Directives; The Boeing Company Model 737- 01] (RIN: 2120-AA64) received September 1, mitting the Department’s final rule — 600, -700, -700C, -800, and -900 Series Airplanes 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Amendment of Colored Federal Airway B-38; [Docket No.: FAA-2008-0269; Directorate Committee on Transportation and Infra- Alaska [Docket No.: FAA-2010-0365; Airspace Identifier 2007-NM-320-AD; Amendment 39- structure. Docket No. 10-AAL-12] (RIN: 2120-AA66) re- 16395; AD 2010-17-05] (RIN: 2120-AA64) received 9715. A letter from the Program Analyst, ceived September 1, 2010, pursuant to 5 August 24, 2010, pursuant to 5 U.S.C. Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness Transportation and Infrastructure. tation and Infrastructure. Directives; Pratt & Whitney Canada Corp. 9724. A letter from the senior Program An- 9732. A letter from the Senior Program An- (P&WC) PW615F-A Turbofan Engines [Docket alyst, Department of Transportation, trans- alyst, Department of Transportation, trans- No.: FAA-2010-0245; Directorate Identifier mitting the Department’s final rule — Air- mitting the Department’s final rule — Ma- 2010-NE-15-AD; Amendment 39-16398; AD 2010- worthiness Directives; Aircraft Industries neuvering Speed Limitation Statement 17-06] (RIN: 2120-AA64) received September 1, a.s. (Type Certificate G24EU Previously Held [Docket No.: FAA-2009-0810; Amendment No. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the by LETECKE ZAVODY a.s. and LET Aero- 25-130] (RIN: 2120-AJ21) received August 24, Committee on Transportation and Infra- nautical Works) Model L-13 Blanik Gliders 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the structure. [Docket No.: FAA-2010-0839; Directorate Committee on Transportation and Infra- 9716. A letter from the Program Analyst, Identifier 2010-CE-042-AD; Amendment 39- structure. Department of Transportation, transmitting 16418; AD 2010-18-05] (RIN: 2120-AA64) received 9733. A letter from the Senior Regulations the Department’s final rule — Airworthiness September 1, 2010, pursuant to 5 U.S.C. Analyst, Department of Transportation, Directives; Rolls-Royce Deutschland Ltd. & 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule — Co. KG. (RRD) Models Tay 650-15 and Tay tation and Infrastructure. Procedures for Transportation Workplace 651-54 Turbofan Engines [Docket No.: FAA- 9725. A letter from the Senior Program An- Drug and Alcohol Testing Programs [Docket: 2007-0037; Directorate Identifier 2007-NE-41- alyst, Department of Transportation, trans- OST-2010-0026] (RIN: 2105-AD95) received Au- AD; Amendment 39-16404; AD 2010-17-12] (RIN: mitting the Department’s final rule — Re- gust 24, 2010, pursuant to 5 U.S.C.

VerDate Mar 15 2010 08:02 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\L28SE7.000 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7152 CONGRESSIONAL RECORD — HOUSE September 28, 2010 801(a)(1)(A); to the Committee on Transpor- AD; Amendment 39-16390; AD 2010-16-13] (RIN: tice and Request for Comments Regarding tation and Infrastructure. 2120-AA64) received August 24, 2010, pursuant Implementation of Information Reporting 9734. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on and Withholding Under Chapter 4 of the Code Department of Transportation, transmitting Transportation and Infrastructure. [Notice 2010-60] received September 2, 2010, the Department’s final rule — Airworthiness 9742. A letter from the Assistant Chief pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Directives; Airbus Model A330-223, -321, -322, Counsel for Pipeline Safety, Department of mittee on Ways and Means. and -323 Airplanes [Docket No.: FAA-2010- Transportation, transmitting the Depart- 9752. A letter from the Chairman, Federal 0278; Directorate Identifier 2009-NM-255-AD; ment’s final rule — Pipeline Safety: Periodic Energy Regulatory Commission, transmit- Amendment 39-16399; AD 2010-17-07] (RIN: Updates of Regulatory References to Tech- ting the Commission’s tenth report describ- 2120-AA64) received August 24, 2010, pursuant nical Standards and Miscellaneous Edits ing the progress made in licensing and con- to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No.: PHMSA-2008-0301; Amdt. Nos. structing the Alaska natural gas pipeline Transportation and Infrastructure. 192-114; 193-22; 195-94) (RIN: 2137-AE41) re- and describing any issue impeding that 9735. A letter from the Program Analyst, ceived August 24, 2010, pursuant to 5 U.S.C. progress; jointly to the Committees on En- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- ergy and Commerce and Transportation and the Department’s final rule — Airworthiness tation and Infrastructure. Infrastructure. Directives; Various Aircraft Equipped with 9743. A letter from the Director, Regu- 9753. A letter from the Program Manager, Rotax Aircraft Engines 912 A Series Engines latory Management Division, Environmental Department of Health and Human Services, [Docket No.: FAA-2010-0329; Directorate Protection Agency, transmitting the Depart- transmitting the Department’s final rule — Identifier 2010-CE-016-AD; Amendment 39- ment’s final rule — Ocean Dumping; Guam Medicare Program; Establishing Additional 16400; AD 2010-17-08] (RIN: 2120-AA64) received Ocean Dredged Material Disposal Site Des- Medicare Durable Medical Equipment, Pros- August 24, 2010, pursuant to 5 U.S.C. ignation [FRL-9197-6] received September 2, thetics, Orthotics, and Supplies (DMEPOS) 801(a)(1)(A); to the Committee on Transpor- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Supplier Enrollment Safeguards [CMS-6063- tation and Infrastructure. Committee on Transportation and Infra- F] (RIN: 0938-AO90) received August 30, 2010, 9736. A letter from the Program Analyst, structure. pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Department of Transportation, transmitting 9744. A letter from the Administrator, En- the Committees on Ways and Means and En- the Department’s final rule — Airworthiness vironmental Protection Agency, transmit- ergy and Commerce. Directives; Eurocopter France (Eurocopter) ting the Agency’s report entitled, ‘‘Report to Model AS350B, BA, B1, B2, C, D, and D1 Heli- Congress: Study of Discharges Incidental to f copters and Model AS355E, F, F1, F2, and N Normal Operation of Commercial Fishing REPORTS OF COMMITTEES ON Helicopters [Docket No.: FAA-2010-0782; Di- Vessels and Other Non-Recreational Vessels PUBLIC BILLS AND RESOLUTIONS rectorate Identifier 2010-SW-053-AD; Amend- Less than 79 Feet’’; to the Committee on ment 39-16396; AD 2010-11-51] (RIN: 2120-AA64) Transportation and Infrastructure. Under clause 2 of rule XIII, reports of received August 24, 2010, pursuant to 5 U.S.C. 9745. A letter from the Director, Regula- committees were delivered to the Clerk 801(a)(1)(A); to the Committee on Transpor- tions Policy and Management, Office of the for printing and reference to the proper tation and Infrastructure. General Counsel, Department of Veterans Af- calendar, as follows: 9737. A letter from the Senior Program An- fairs, transmitting the Department’s final Mr. FILNER: Committee on Veterans’ Af- alyst, Department of Transportation, trans- rule — Disenrollment procedures (RIN: 2900- fairs. H.R. 3685. A bill to require the Sec- mitting the Department’s final rule — AN76) received September 1, 2010, pursuant retary of Veterans Affairs to include on the Amendment and Establishment of Restricted to 5 U.S.C. 801(a)(1)(A); to the Committee on main page of the Internet website of the De- Areas and Other Special Use Airspace, Avon Veterans’ Affairs. Park Air Force Range, FL [Docket No.: 9746. A letter from the Commissioner, So- partment of Veterans Affairs a hyperlink to FAA-2008-1261; Airspace Docket No. 06-ASO- cial Security Administration, transmitting the VetSuccess Internet website and to pub- 18] received August 24, 2010, pursuant to 5 the Administration’s Fourteenth 2010 Annual licize such Internet website (Rept. 111–624). U.S.C. 801(a)(1)(A); to the Committee on Report of the Supplemental Security Income Referred to the Committee of the Whole Transportation and Infrastructure. Program, pursuant to Public Law 104-193, House on the State of the Union. 9738. A letter from the Senior Program An- section 231 (110 Stat. 2197); to the Committee Mr. FILNER: Committee on Veterans’ Af- alyst, Department of Transportation, trans- on Ways and Means. fairs. H.R. 3787. A bill to amend title 38, mitting the Department’s final rule — Air- 9747. A letter from the Chief, Trade and United States Code, to deem certain service worthiness Directives; Ontic Engineering Commercial Regulations Branch, Depart- in the reserve components as active service and Manufacturing, Inc. Propeller Gov- ment of Homeland Security, transmitting for purposes of laws administered by the Sec- ernors, Part Numbers C210776, T210761, the Department’s final rule — Customs retary of Veterans Affairs; with an amend- D210760, and J21076 [Docket No.: FAA-2010- Broker License Examination Individual Eli- ment (Rept. 111–625). Referred to the Com- 0102; Directorate Identifier 2010-NE-09-AD; gibility Requirements [RIN: 1651-AA74) re- mittee of the Whole House on the State of Amendment 39-16341; AD 2010-13-10] (RIN: ceived August 24, 2010, pursuant to 5 U.S.C. the Union. 2120-AA64) received August 24, 2010, pursuant 801(a)(1)(A); to the Committee on Ways and Mr. FILNER: Committee on Veterans’ Af- to 5 U.S.C. 801(a)(1)(A); to the Committee on Means. fairs. H.R. 5360. A bill to amend title 38, Transportation and Infrastructure. 9748. A letter from the Chief, Trade and United States Code, to modify the standard 9739. A letter from the Senior Program An- Commercial Regulations Branch, Depart- of visual acuity required for eligibility for alyst, Department of Transportation, trans- ment of Homeland Security, transmitting specially adapted housing assistance pro- mitting the Department’s final rule — Air- the Department’s final rule — Technical Cor- vided by the Secretary of Veterans Affairs; worthiness Directives; BAE SYSTEMS (OP- rections To Customs and Border Protection with an amendment (Rept. 111–626). Referred ERATIONS) LIMITED Model Avro 146-RJ Regulations [CBP Dec. 10-29] received August to the Committee of the Whole House on the and BAe 146 Airplanes [Docket No.: FAA- 24, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to State of the Union. 2010-0222; Directorate Identifier 2008-NM-012- the Committee on Ways and Means. Mr. FILNER: Committee on Veterans’ Af- AD; Amendment 39-16387; AD 2010-16-10] (RIN: 9749. A letter from the Chief, Trade and fairs. H.R. 5630. A bill to amend title 38, 2120-AA64) received August 24, 2010, pursuant Commericial Regulations Branch, Depart- United States Code, to provide for qualifica- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Homeland Security, transmitting tions for vocational rehabilitation coun- Transportation and Infrastructure. the Department’s final rule — Entry Re- selors and vocational rehabilitation employ- 9740. A letter from the Senior Program An- quirements For Certain Softwood Lumber ment coordinators employed by the Depart- alyst, Department of Transportation, trans- Products Exported From Any Country Into ment of Veterans Affairs (Rept. 111–627). Re- mitting the Department’s final rule — Air- the United States (RIN: 1505-AB98) received ferred to the Committee of the Whole House worthiness Directives; Rolls-Royce plc (RR) August 24, 2010, pursuant to 5 U.S.C. on the State of the Union. RB211-Trent 900 Series Turbofan Engines 801(a)(1)(A); to the Committee on Ways and Mr. FILNER: Committee on Veterans’ Af- [Docket No.: FAA-2010-0748; Directorate Means. fairs. H.R. 5993. A bill to amend title 38, Identifier 2010-NE-13-AD; Amendment 39- 9750. A letter from the Chief, Publications United States Code, to ensure that bene- 16384; AD 2010-16-07] (RIN: 2120-AA64) received and Regulations, Internal Revenue Service, ficiaries of Servicemembers’ Group Life In- August 24, 2010, pursuant to 5 U.S.C. transmitting the Service’s final rule — An- surance receive financial counseling and dis- 801(a)(1)(A); to the Committee on Transpor- nouncement of the Results of 2009-10 Alloca- closure information regarding life insurance tation and Infrastructure. tion Round of the Qualifying Advanced Coal payment, and for other purposes; with an 9741. A letter from the Senior Program An- Project Program and the Qualifying Gasifi- amendment (Rept. 111–628). Referred to the alyst, Department of Transportation, trans- cation Project Program [CASE-MIS Number: Committee of the Whole House on the State mitting the Department’s final rule — Air- ANN-132462-10] (Announcement 2010-56) re- of the Union. worthiness Directives; Airbus Model A300 B4- ceived September 7, 2010, pursuant to 5 Mr. FRANK of Massachusetts: Committee 600, B4-600R, and F4-600R Series Airplanes, U.S.C. 801(a)(1)(A); to the Committee on on Financial Services. H.R. 3421. A bill to ex- and Model C4-605R Variant F airplanes (Col- Ways and Means. clude from consumer credit reports medical lectively Called A300-600 series airplanes); 9751. A letter from the Chief, Publications debt that has been in collection and has been and A310 Series Airplanes [Docket No.: FAA- and Regulations, Internal Revenue Service, fully paid or settled, and for other purposes; 2010-0281; Directorate Identifier 2009-NM-184- transmitting the Service’s final rule — No- with an amendment (Rept. 111–629). Referred

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to the Committee of the Whole House on the Mr. WAXMAN: Committee on Energy and MCNERNEY, Ms. GIFFORDS, and Mr. State of the Union. Commerce. H.R. 758. A bill to amend title IV SIRES): Mr. FILNER: Committee on Veterans’ af- of the Public Health Service Act to provide H.R. 6218. A bill to prevent foreclosure of fairs. H.R. 6132. A bill to amend title 38, for the establishment of pediatric research home mortgages and provide for the afford- United States Code, to establish a transition consortia; with an amendment (Rept. 111– able refinancing of mortgages held by Fannie program for new veterans, to improve the 640). Referred to the Committee of the Whole Mae and Freddie Mac; to the Committee on disability claim system, and for other pur- House on the State of the Union. Financial Services. poses; with an amendment (Rept. 111–630). Mr. WAXMAN: Committee on Energy and By Mr. FRANK of Massachusetts: Referred to the Committee of the Whole Commerce. H.R. 2818. A bill to amend the H.R. 6219. A bill to amend the Small Busi- House on the State of the Union. Public Health Service Act to provide for the ness Jobs Act of 2010 to enhance the provi- Mr. WAXMAN: Committee on Energy and establishment of a drug-free workplace infor- sions of the Small Business Lending Fund Commerce. H.R. 2408. A bill to expand the re- mation clearinghouse, to support residential Program, to amend the Small Business In- search and awareness activities of the Na- methamphetamine treatment programs for vestment Act of 1958 to create a Small Busi- tional Institute of Arthritis and Musculo- pregnant and parenting women, to improve ness Early-Stage Investment Program, and skeletal and Skin Diseases and the Centers the prevention and treatment of meth- to create the Small Business Borrower As- for Disease Control and Prevention with re- amphetamine addiction, and for other pur- sistance Program; to the Committee on Fi- spect to scleroderma, and for other purposes; poses; with an amendment (Rept. 111–641). nancial Services. with an amendment (Rept. 111–631). Referred Referred to the Committee of the Whole By Ms. PINGREE of Maine: to the Committee of the Whole House on the House on the State of the Union. H.R. 6220. A bill to amend title 38, United State of the Union. Mr. WAXMAN: Committee on Energy and States Code, to ensure that the Secretary of Mr. WAXMAN: Committee of Energy and Commerce. H.R. 5462. A bill to authorize the Veterans Affairs provides veterans with in- Commerce. H.R. 1347. A bill to amend title Secretary of Health and Human Services, formation concerning service-connected dis- III of the Public Health Service Act to pro- acting through the Director of the Centers abilities at health care facilities; to the vide for the establishment and implementa- for Disease Control and Prevention, to estab- Committee on Veterans’ Affairs. tion of concussion management guidelines lish and implement a birth defects preven- By Mr. YOUNG of Alaska: with respect to school-aged children, and for tion, risk reduction, and public awareness H.R. 6221. A bill to authorize the Secretary other purposes; with amendments (Rept. 111– program; with amendment (Rept. 111–642). of the Interior to issue permits for a 632). Referred to the Committee of the Whole Referred to the Committee of the Whole microhydro project in nonwilderness areas House on the State of the Union. House on the State of the Union. within the boundaries of Denali National Mr. WAXMAN: Committee of Energy and Mr. WAXMAN: Committee on Energy and Park and Preserve, to acquire land for Commerce. H.R. 5354. A bill to establish an Commerce. H.R. 6081. A bill to amend the Denali National Park and Preserve from Advisory Committee on Gestational Diabe- Stem Cell Therapeutic and Research Act of Doyon Tourism, Inc., and for other purposes; tes, to provide grants to better understand 2005; with an amendment (Rept. 111–643). Re- to the Committee on Natural Resources. and reduce gestational diabetes, and for ferred to the Committee of the Whole House By Mr. MCGOVERN: other purposes; with amendments (Rept. 111– on the State of the Union. H.R. 6222. A bill to establish the National 633). Referred to the Committee of the Whole Mr. GORDON of Tennessee: Committee on Competition for Community Renewal to en- House on the State of the Union. Science and Technology. H.R. 6160. A bill to courage communities to adopt innovative Mr. WAXMAN: Committee on Energy and develop a rare earth materials program, to strategies and design principles to programs Commerce. H.R. 2999. A bill to amend the amend the National Materials and Minerals related to poverty prevention, recovery and Public Health Service Act to enhance and in- Policy, Research and Development Act of response, and for other purposes; to the Com- crease the number of veterinarians trained 1980, and for other purposes; with an amend- mittee on Ways and Means, and in addition in veterinary public health; with an amendment (Rept. 111–644). Referred to the Com- to the Committees on Education and Labor, ment (Rept. 111–634). Referred to the Com- mittee of the Whole House on the State of and Energy and Commerce, for a period to be mittee of the Whole House on the State of the Union. subsequently determined by the Speaker, in the Union. Mr. OBERSTAR: Committee on Transpor- each case for consideration of such provi- Mr. WAXMAN: Committee on Energy and tation and Infrastructure. H.R. 305. A bill to sions as fall within the jurisdiction of the Commerce. H.R. 2941. A bill to reauthorize amend title 49, United States Code, to pro- committee concerned. and enhance Johanna’s Law to increase pub- hibit the transportation of horses in inter- By Mr. YOUNG of Alaska: lic awareness and knowledge with respect to H.R. 6223. A bill to establish a Congres- state transportation in a motor vehicle con- gynecologic cancers; with an amendment sional Office of Regulatory Analysis, to re- taining 2 or more levels stacked on top of (Rept. 111–635). Referred to the Committee of quire the periodic review and automatic ter- one another (Rept. 111–645). Referred to the the Whole House on the State of the Union. mination of Federal regulations, and for Committee of the Whole House of the State Mr. WAXMAN: Committee on Energy and other purposes; to the Committee on the Ju- of the Union. Commerce. H.R. 1362. A bill to amend the diciary, and in addition to the Committee on Mr. LEVIN: Committee on Ways and Public Health Service Act to provide for the Oversight and Government Reform, for a pe- Means. H.R. 2378. A bill to amend title VII of establishment of permanent national sur- riod to be subsequently determined by the the Tariff Act of 1930 to clarify that funda- veillance systems for multiple schlerosis, Speaker, in each case for consideration of mental exchange-rate misalignment by any Parkinson’s disease, and other neurological such provisions as fall within the jurisdic- foreign nation is actionable under United diseases and disorders; with an amendment tion of the committee concerned. States countervailing and antidumping duty (Rept. 111–636). Referred to the Committee of By Mrs. CAPPS (for herself and Mr. laws, and for other purposes; with an amend- the Whole House on the State of the Union. PALLONE): ment (Rept. 111–646). Referred to the Com- Mr. WAXMAN: Committee on Energy and H.R. 6224. A bill to modernize cancer re- mittee of the Whole House on the State of Commerce. H.R. 1230. A bill to amend the search, increase access to preventative can- the Union. Public Health Service Act to provide for the cer services, provide cancer treatment and Mr. WAXMAN: Committee on Energy and establishment of a National Acquired Bone survivorship initiatives, and for other pur- Commerce. H.R. 903. A bill to amend the Marrow Failure Disease Registry, to author- poses; to the Committee on Energy and Com- Public Health Service Act to enhance the ize research on acquired bone marrow failure merce, and in addition to the Committee on roles of dentists and allied dental personnel diseases, and for other purposes; with amend- Ways and Means, for a period to be subse- in the Nation’s disaster response framework, ments (Rept. 111–637). Referred to the Com- quently determined by the Speaker, in each and for other purposes; with an amendment mittee of the Whole House on the State of case for consideration of such provisions as (Rept. 111–647). Referred to the Committee of the Union. fall within the jurisdiction of the committee the Whole House on the State of the Union. Mr. WAXMAN: Committee on Energy and concerned. Commerce. H.R. 1210. A bill to amend the f By Mr. PAULSEN: Public Health Service Act to provide for ar- H.R. 6225. A bill to amend the Emergency thritis research and public health, and for PUBLIC BILLS AND RESOLUTIONS Economic Stabilization Act of 2008 to termi- other purposes; with an amendment (Rept. Under clause 2 of rule XII, public nate authority under the Troubled Asset Re- 111–638). Referred to the Committee of the bills and resolutions of the following lief Program; to the Committee on Financial Whole House on the State of the Union. titles were introduced and severally re- Services. Mr. WAXMAN: Committee on Energy and By Mr. FOSTER: Commerce. H.R. 1032. A bill to amend the ferred, as follows: H.R. 6226. A bill to amend the Small Busi- Federal Food, Drug, and Cosmetic Act and By Mr. CARDOZA (for himself, Mr. ness Act to permit agencies to count certain the Public Health Service Act to improve the LARSON of Connecticut, Ms. contracts toward contracting goals; to the prevention, diagnosis, and treatment of DELAURO, Mr. GEORGE MILLER of Committee on Small Business. heart disease, stroke, and other cardio- California, Ms. ESHOO, Mr. KAGEN, By Mr. BILIRAKIS (for himself and Mr. vascular diseases in women; with amend- Mr. GARAMENDI, Mr. WELCH, Ms. CAS- MILLER of Florida): ments (Rept. 111–639). Referred to the Com- TOR of Florida, Ms. BERKLEY, Mr. H.R. 6227. A bill to establish a temporary mittee of the Whole House on the State of BACA, Mr. HASTINGS of Florida, Mr. prohibition on termination of coverage under the Union. COSTA, Ms. WASSERMAN SCHULTZ, Mr. the TRICARE program for age of dependents

VerDate Mar 15 2010 08:25 Sep 29, 2010 Jkt 089060 PO 00000 Frm 00157 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.122 H28SEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H7154 CONGRESSIONAL RECORD — HOUSE September 28, 2010 under the age of 26 years; to the Committee disclose any breach of such information; to aid workers, doctors, and nurses who died in on Armed Services. the Committee on Energy and Commerce, the tragic attack of August 5, 2010, in north- By Mr. BURGESS: and in addition to the Committees on Over- ern Afghanistan; to the Committee on For- H.R. 6228. A bill to repeal certain amend- sight and Government Reform, Financial eign Affairs. considered and agreed to. con- ments to the Clean Air Act relating to the Services, and the Judiciary, for a period to sidered and agreed to. expansion of the renewable fuel program, and be subsequently determined by the Speaker, By Mr. MACK (for himself, Mr. ENGEL, for other purposes; to the Committee on En- in each case for consideration of such provi- Mr. BURTON of Indiana, Mr. BILI- ergy and Commerce. sions as fall within the jurisdiction of the RAKIS, Mr. PAYNE, Ms. JACKSON LEE By Ms. CHU (for herself, Mr. LOEBSACK, committee concerned. of Texas, Mr. FALEOMAVAEGA, Mr. and Ms. SHEA-PORTER): By Mr. THOMPSON of California (for BERMAN, Ms. ROS-LEHTINEN, and Mr. H.R. 6229. A bill to strengthen student himself, Mr. BACA, Mr. BECERRA, Mr. SMITH of New Jersey): achievement and graduation rates and pre- BERMAN, Mr. BILBRAY, Mrs. BONO H. Res. 1662. A resolution expressing sup- pare young people for college, careers, and MACK, Mr. CALVERT, Mr. CAMPBELL, port for the 33 trapped Chilean miners fol- citizenship through innovative partnerships Mrs. CAPPS, Mr. CARDOZA, Ms. CHU, lowing the Copiapo mining disaster and the that meet the comprehensive needs of chil- Mr. COSTA, Mrs. DAVIS of California, Government of Chile as it works to rescue dren and youth; to the Committee on Edu- Mr. DREIER, Ms. ESHOO, Mr. FARR, the miners and reunite them with their fami- cation and Labor, and in addition to the Mr. FILNER, Mr. GALLEGLY, Mr. lies; to the Committee on Foreign Affairs. Committee on Energy and Commerce, for a GARAMENDI, Ms. HARMAN, Mr. considered and agreed to. considered and period to be subsequently determined by the HERGER, Mr. HONDA, Mr. HUNTER, Mr. agreed to. Speaker, in each case for consideration of ISSA, Ms. LEE of California, Mr. By Ms. FUDGE (for herself and Mr. such provisions as fall within the jurisdic- LEWIS of California, Ms. ZOE LOFGREN DAVIS of Illinois): tion of the committee concerned. of California, Mr. DANIEL E. LUNGREN H. Res. 1663. A resolution supporting the By Mr. DRIEHAUS: of California, Mr. MCKEON, Ms. MAT- goals and ideals of Sickle Cell Disease H.R. 6230. A bill to amend title 37, United SUI, Mr. MCCARTHY of California, Mr. Awareness Month; to the Committee on Edu- States Code, to exclude bonus payments MCCLINTOCK, Mr. MCNERNEY, Mr. cation and Labor. considered and agreed to. made by a State or political subdivision GARY G. MILLER of California, Mr. considered and agreed to. thereof to a member of the Armed Forces, in- GEORGE MILLER of California, Mrs. By Mr. SMITH of New Jersey (for him- cluding a reserve component member, on ac- NAPOLITANO, Mr. RADANOVICH, Ms. self, Mr. STUPAK, Mr. BURTON of Indi- count of the service of the member in the RICHARDSON, Mr. ROHRABACHER, Ms. ana, and Mr. GRIJALVA): Armed Forces from consideration in deter- ROYBAL-ALLARD, Mr. ROYCE, Ms. H. Res. 1664. A resolution supporting the mining the eligibility of the member (or the LINDA T. SA´ NCHEZ of California, Ms. goals and ideals of Spina Bifida Awareness member’s spouse or family) for benefits or LORETTA SANCHEZ of California, Mr. Month, recognizing the importance of in- assistance, or the amount or extent of bene- SCHIFF, Mr. SHERMAN, Ms. SPEIER, creasing access to health care for individuals fits or assistance, under any Federal pro- Mr. STARK, Ms. WATERS, Ms. WATSON, with disabilities, including those with Spina gram or under any State or local program fi- Mr. WAXMAN, Ms. WOOLSEY, Mr. Bifida, and raising awareness of the need for nanced in whole or in part with Federal NUNES, and Ms. PELOSI): health care facilities and examination rooms funds; to the Committee on Armed Services. H.R. 6237. A bill to designate the facility of to be accessible for individuals with disabil- By Ms. GIFFORDS (for herself and Mr. the United States Postal Service located at ities; to the Committee on Energy and Com- 1351 2nd Street in Napa, California, as the MANZULLO): merce. H.R. 6231. A bill to amend the Export En- ‘‘Tom Kongsgaard Post Office Building’’; to By Mr. OBERSTAR: hancement Act of 1988 to further enhance the the Committee on Oversight and Govern- H. Res. 1665. A resolution providing for the promotion of exports of United States goods ment Reform. concurrence by the House in the Senate and services, and for other purposes; to the By Mr. TONKO: amendment to H.R. 3619, with amendments; H.R. 6238. A bill to direct the Secretary of Committee on Foreign Affairs. considered and agreed to. considered and Veterans Affairs to establish a registry of agreed to. By Mr. HASTINGS of Florida (for him- certain veterans who were stationed at Fort By Mr. BOSWELL (for himself, Mr. self, Mr. RANGEL, Mr. JACKSON of Illi- McClellan, Alabama, and for other purposes; nois, Ms. NORTON, Ms. FUDGE, Ms. to the Committee on Veterans’ Affairs, and LOEBSACK, Mr. GRAVES of Missouri, CORRINE BROWN of Florida, and Ms. in addition to the Committee on Armed and Mr. TERRY): H. Res. 1666. A resolution expressing sup- CLARKE): Services, for a period to be subsequently de- port for designation of October 2010 as H.R. 6232. A bill to establish a scholarship termined by the Speaker, in each case for program in the Department of State for Hai- consideration of such provisions as fall with- ‘‘Crime Prevention Month‘‘; to the Com- tian students whose studies were interrupted in the jurisdiction of the committee con- mittee on the Judiciary. as a result of the January 12, 2010, earth- cerned. By Mrs. CAPPS (for herself, Mr. quake, and for other purposes; to the Com- By Mr. BARTON of Texas: LATOURETTE, and Mr. TOWNS): mittee on Foreign Affairs. H. Con. Res. 320. Concurrent resolution rec- H. Res. 1667. A resolution congratulating By Ms. HERSETH SANDLIN (for her- ognizing the 45th anniversary of the White the National Institute of Nursing Research self, Mr. KILDEE, Mr. COLE, and Mr. House Fellows program; to the Committee on the occasion of its 25th anniversary; to YOUNG of Alaska): on Oversight and Government Reform. the Committee on Energy and Commerce. H.R. 6233. A bill to establish a Native By Mr. BILBRAY (for himself, Mr. By Mr. CARDOZA: American entrepreneurial development pro- OLSON, Mrs. MCMORRIS RODGERS, and H. Res. 1668. A resolution recognizing the gram in the Small Business Administration; Mr. BAIRD): 100th anniversary of the formation of the to the Committee on Small Business. H. Res. 1660. A resolution expressing sup- California Almond Growers Exchange, a co- By Ms. HERSETH SANDLIN (for her- port for the goals and ideals of the inaugural operative to market almonds produced by self and Mr. HINCHEY): USA Science & Engineering Festival in members of the cooperative; to the Com- H.R. 6234. A bill to amend the Internal Rev- Washington, D.C., and for other purposes; to mittee on Agriculture. enue Code of 1986 to allow individuals a de- the Committee on Science and Technology. By Mr. DUNCAN: duction for qualified long-term care insur- considered and agreed to. considered and H. Res. 1669. A resolution congratulating ance premiums, a credit for individuals who agreed to. the National Air Transportation Association care for those with long-term care needs, and By Mr. PITTS (for himself, Mr. for celebrating its 70th anniversary; to the for other purposes; to the Committee on SALAZAR, Mr. TONKO, Mr. GOODLATTE, Committee on Transportation and Infra- Ways and Means. Mr. BOEHNER, Ms. ROS-LEHTINEN, Mr. structure. By Mr. MCMAHON (for himself, Mr. LARSEN of Washington, Mr. JORDAN By Ms. GIFFORDS (for herself, Mr. HOYER, Mr. CUMMINGS, Mr. HALL of of Ohio, Mr. WOLF, Mr. WHITFIELD, TONKO, Mr. CHILDERS, Mr. DEFAZIO, New York, Mr. PATRICK J. MURPHY of Ms. GIFFORDS, Mr. WILSON of South Ms. RICHARDSON, Ms. WATSON, Mr. Pennsylvania, Mrs. MALONEY, Ms. Carolina, Mr. THOMPSON of Pennsyl- CROWLEY, Mr. COURTNEY, Mr. HARE, BORDALLO, Mrs. CHRISTENSEN, Mr. vania, Mr. POSEY, Mr. WALDEN, Mr. Ms. SHEA-PORTER, Mr. FILNER, Mr. FALEOMAVAEGA, and Mr. PIERLUISI): LEWIS of California, Mrs. MYRICK, Mr. HINCHEY, Mr. CONYERS, Mr. RAHALL, H.R. 6235. A bill to encourage, enhance, and DUNCAN, Mr. PLATTS, Mr. BILIRAKIS, Ms. FUDGE, Mr. FARR, Mr. RANGEL, integrate Blue Alert plans throughout the Mr. LAMBORN, Mr. DICKS, Mr. INGLIS, Mr. CRITZ, Mr. DEUTCH, Mr. BOREN, United States in order to disseminate infor- Mr. SHUSTER, Mr. BARTLETT, Mr. TIM Mr. CARSON of Indiana, Mr. KILDEE, mation when a law enforcement officer is se- MURPHY of Pennsylvania, Mr. GER- Mr. HEINRICH, Mr. MAFFEI, Mrs. riously injured or killed in the line of duty; LACH, Mr. ROSKAM, Mr. DENT, Mr. HALVORSON, Ms. PINGREE of Maine, to the Committee on the Judiciary. GARAMENDI, Mr. MANZULLO, Mr. Mr. ARCURI, Ms. KILROY, Mr. WILSON By Mr. SCHIFF: MCCAUL, Mr. ROYCE, Mr. MACK, Mr. of Ohio, Mr. COSTELLO, Mr. KISSELL, H.R. 6236. A bill to require Federal agen- POE of Texas, Mr. BOOZMAN, and Mr. Mr. SCHAUER, Ms. DELAURO, Mr. cies, and persons engaged in interstate com- BURTON of Indiana): LANGEVIN, Mr. BOUCHER, Mr. NADLER merce, in possession of data containing sen- H. Res. 1661. A resolution honoring the of New York, Mr. PATRICK J. MURPHY sitive personally identifiable information, to lives of the brave and selfless humanitarian of Pennsylvania, Mr. PETERS, Mr.

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OLVER, Mr. FOSTER, Mr. FRANK of ervation 495 from the National Park Service H.R. 1616: Mr. LU´ JAN, Mr. ANDREWS, Mr. Massachusetts, Mr. LEWIS of Georgia, to the District of Columbia; to the Com- DAVIS of Illinois, Mr. GARAMENDI, and Ms. Mr. OBERSTAR, Mr. WU, Mr. STARK, mittee on Natural Resources. LINDA T. SA´ NCHEZ of California. Ms. KAPTUR, Mr. ROTHMAN of New 389. Also, a memorial of the Senate of the H.R. 1625: Ms. NORTON, Ms. SUTTON, and Jersey, Mr. RYAN of Ohio, Ms. LORET- State of California, relative to Senate Joint Mr. DOYLE. TA SANCHEZ of California, Mr. MITCH- Resolution No. 34 urging the Congress to pro- H.R. 1670: Mrs. LOWEY. ELL, Ms. CORRINE BROWN of Florida, tect and preserve the ability of California H.R. 1718: Mr. CALVERT. Mr. BRADY of Pennsylvania, Mr. wineries, as well as all American wineries, to H.R. 1751: Ms. SPEIER and Mr. PERLMUTTER. HALL of New York, Mr. HODES, Ms. ship wine directly to consumers without dis- H.R. 1792: Mr. MOORE of Kansas. LEE of California, Ms. SUTTON, and crimination between in-state and out-of- H.R. 1806: Ms. FUDGE and Mr. HONDA. Mr. CUMMINGS): state wine producers; to the Committee on H.R. 1831: Mr. MANZULLO. H. Res. 1670. A resolution expressing the the Judiciary. H.R. 1927: Mr. GARAMENDI. sense of the House of Representatives with 390. Also, a memorial of the General As- H.R. 1966: Mr. BACA. respect to legislation relating to raising the sembly of the State of New Jersey, relative H.R. 2030: Mr. PETRI and Mr. LIPINSKI. retirement age under title II of the Social to Assembly Resolution No. 54 urging the H.R. 2049: Mr. CRITZ. Security Act; to the Committee on Ways and Port Authority of New York and New Jersey H.R. 2104: Mr. HONDA and Mr. GARAMENDI. Means. to formulate an engineering solution to the H.R. 2159: Mr. DOYLE. By Mr. MCDERMOTT (for himself, Mr. impasse at Bayonne Bridge; to the Com- H.R. 2378: Mr. AL GREEN of Texas, Mr. DICKS, Mr. INSLEE, Mr. BAIRD, and mittee on Transportation and Infrastruc- HALL of New York, Mr. CLEAVER, and Ms. Mr. LARSEN of Washington): ture. MATSUI. H. Res. 1671. A resolution congratulating 391. Also, a memorial of the General As- H.R. 2381: Mr. CRITZ and Mr. DEUTCH. the Seattle Storm for their remarkable sea- sembly of the State of California, relative to H.R. 2414: Mr. CONYERS. son and winning the 2010 Women’s National Assembly Joint Resolution No. 12 requesting H.R. 2443: Mr. COSTA. Basketball Association Championship; to the the Congress and the President of the United H.R. 2578: Ms. SUTTON and Ms. WASSERMAN Committee on Oversight and Government States to enact legislation to close corporate SCHULTZ. Reform. federal tax loopholes; to the Committee on H.R. 2624: Mr. PRICE of North Carolina. By Mr. MICHAUD (for himself, Mr. AL- Ways and Means. H.R. 2625: Ms. EDWARDS of Maryland, Mr. EXANDER, Mr. BARTLETT, Mr. BILI- 392. Also, a memorial of the General As- BERMAN, Mr. PALLONE, Ms. MATSUI, Mr. RAKIS, Ms. BORDALLO, Mr. CONNOLLY sembly of the State of California, relative to Lu´ jan, Ms. RICHARDSON, Ms. SCHWARTZ, Mr. of Virginia, Mr. CRITZ, Mr. Assembly Joint Resolution No. 29 requesting MARKEY of Massachusetts, Ms. CLARKE, and DELAHUNT, Mr. FILNER, Ms. GIF- that for tax years beginning before January Mr. CUMMINGS. FORDS, Mr. GENE GREEN of Texas, Mr. 1, 2011 that the Revenue Ruling referred to H.R. 2672: Mr. JOHNSON of Georgia. INGLIS, Mr. JOHNSON of Georgia, Mr. allowing same-sex married couples may, but H.R. 2673: Mr. SABLAN. KINGSTON, Mr. KISSELL, Mr. are not required to, amend their returns to H.R. 2692: Ms. PINGREE of Maine. KRATOVIL, Mr. LIPINSKI, Mr. MEEKS of report income in accordance with the Rev- H.R. 2698: Mr. SABLAN and Mr. VISCLOSKY. New York, Mr. MITCHELL, Mr. MUR- enue Ruling; to the Committee on Ways and H.R. 2699: Mr. SABLAN. ELANCON PHY of New York, Mr. NYE, Ms. PIN- Means. H.R. 2746: Mr. M . H.R. 2766: Mr. DELAHUNT and Mr. THOMPSON GREE of Maine, Mr. POE of Texas, Mr. 393. Also, a memorial of the Council of the of California. ROGERS of Alabama, Mr. ROSS, Mr. of District Of Columbia, relative to Resolu- H.R. 2906: Ms. SUTTON, Mr. DEUTCH, and Mr. RYAN of Ohio, Mr. SABLAN, Mr. SCOTT tion 18-538 to approve the transfer of juris- BACA. of Georgia, Ms. SHEA-PORTER, Mr. diction over 2 portions of U.S. Reservations H.R. 3012: Mr. MCMAHON. SIRES, Mr. SPRATT, Ms. SUTTON, Mr. 334 and 334-I from the National Park Service H.R. 3118: Mr. SHERMAN. TANNER, Mr. TAYLOR, Mr. TEAGUE, to the District of Columbia; jointly to the H.R. 3149: Mr. DOYLE. Mr. THORNBERRY, Mr. WILSON of Committees on Natural Resources and Over- H.R. 3212: Mr. PRICE of North Carolina. South Carolina, and Mr. WITTMAN): sight and Government Reform. H.R. 3567: Mr. GARAMENDI, Mr. GRAYSON, H. Res. 1672. A resolution commemorating 394. Also, a memorial of the General As- Ms. RICHARDSON, and Mr. DAVIS of Illinois. the Persian Gulf War and reaffirming the sembly of the State of California, relative to H.R. 3586: Mr. BOSWELL and Mr. AKIN. commitment of the United States towards Assembly Joint Resolution No. 42 requesting H.R. 3652: Mr. CLAY, Mr. ROSKAM, Mr. RYAN Persian Gulf War veterans; to the Committee the Congress and the President of the United of Wisconsin, and Mr. HARPER. on Foreign Affairs, and in addition to the States enact the federal Medicare Secondary H.R. 3666: Mr. TONKO, Mr. CARNEY, Mr. TIM Committees on Armed Services, and Vet- Payer Enhancement Act of 2010; jointly to MURPHY of Pennsylvania, Ms. DELAURO, Mr. erans’ Affairs, for a period to be subse- the Committees on Ways and Means and En- MOORE of Kansas, and Mr. PATRICK J. MUR- quently determined by the Speaker, in each ergy and Commerce. PHY of Pennsylvania. case for consideration of such provisions as f H.R. 3724: Mr. DJOU and Mr. AKIN. fall within the jurisdiction of the committee H.R. 3753: Mr. GUTIERREZ. concerned. ADDITIONAL SPONSORS H.R. 3781: Mr. LAMBORN. By Mr. PAUL: H.R. 4063: Mr. BUTTERFIELD. H. Res. 1673. A resolution recognizing 75 Under clause 7 of rule XII, sponsors H.R. 4121: Mr. KLINE of Minnesota, Mr. Texas World War II veterans visiting Wash- were added to public bills and resolu- COURTNEY, Mr. EDWARDS of Texas, Mrs. ington, D.C., on September 27, 2010, to visit tions as follows: LOWEY, Mr. BRADY of Pennsylvania, Mr. CON- the memorials built in their honor; to the H.R. 147: Mr. PASCRELL. YERS, Mr. SCHIFF, Mr. BOCCIERI, Mr. PATRICK Committee on Veterans’ Affairs. H.R. 197: Mr. DINGELL. J. MURPHY of Pennsylvania, and Mr. WILSON f H.R. 305: Mr. PLATTS and Ms. GIFFORDS. of Ohio. H.R. 333: Mr. ACKERMAN. H.R. 4210: Mr. WELCH. MEMORIALS H.R. 393: Mr. ROE of Tennessee. H.R. 4436: Mr. SHIMKUS, Mr. MCKEON, and Under clause 4 of rule XXII, memo- H.R. 503: Mr. FILNER. Mr. KIRK. H.R. 523: Mr. SMITH of Nebraska. rials were presented and referred as fol- H.R. 4594: Mr. CASTLE, Mr. COURTNEY, Mr. H.R. 571: Mr. SESTAK. BOSWELL, Mr. CARDOZA, and Mr. ISRAEL. lows: H.R. 615: Mr. SCHIFF. H.R. 4645: Mr. DAVIS of Illinois, Mr. PAYNE, 386. The SPEAKER presented a memorial H.R. 678: Mr. KING of New York and Mr. Mr. MICHAUD, and Mr. CARNAHAN. of the General Assembly of the State of New MCNERNEY. H.R. 4676: Mr. TONKO. Jersey, relative to Assembly Resolution No. H.R. 704: Mr. ISRAEL. H.R. 4677: Ms. NORTON and Mr. JACKSON of 317 supporting the unification of Northern H.R. 707: Mr. CALVERT. Illinois. ireland with the Republic of Ireland; to the H.R. 758: Mr. REICHERT. H.R. 4690: Mr. PRICE of North Carolina, Mr. Committee on Foreign Affairs. H.R. 868: Ms. BALDWIN and Mr. WU. MAFFEI, and Ms. SCHAKOWSKY. 387. Also, a memorial of the Council of the H.R. 903: Mr. LEE of New York. H.R. 4787: Mr. TEAGUE and Mr. TURNER. of District Of Columbia, relative to Resolu- H.R. 932: Mr. PRICE of North Carolina. H.R. 4796: Mr. KIND. tion 18-541 to declare the sense of the Council H.R. 1024: Mr. MOORE of Kansas. H.R. 4808: Mr. SHERMAN and Mr. CUMMINGS. that the United States Congress must not H.R. 1034: Mr. CARNAHAN. H.R. 4830: Ms. SLAUGHTER. adopt legislation restricting the District H.R. 1079: Ms. BALDWIN and Mr. BONNER. H.R. 4844: Mr. MCNERNEY and Mr. NADLER government’s ability to legislate the regula- H.R. 1179: Mr. PASCRELL. of New York. tion of firearms; to the Committee on Over- H.R. 1339: Mr. MILLER of North Carolina H.R. 4959: Ms. CHU, Mr. CLAY, Mr. VAN sight and Government Reform. and Ms. MATSUI. HOLLEN, and Mr. FARR. 388. Also, a memorial of the Council of the H.R. 1347: Ms. ESHOO and Mr. BACA. H.R. 5010: Mr. HOLT. of District Of Columbia, relative to Resolu- H.R. 1414: Mrs. BACHMANN. H.R. 5028: Mr. CLAY and Mr. FILNER. tion 18-537 to approve the proposed transfer H.R. 1443: Mr. SCHRADER. H.R. 5034: Ms. FALLIN and Mr. SMITH of of jurisdiction over a portion of U.S. Res- H.R. 1551: Mr. MICHAUD. New Jersey.

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H.R. 5081: Mr. ELLISON. SLAUGHTER, Mr. BACA, Mr. SPACE, Ms. H. Res. 1501: Ms. GRANGER, Mrs. SCHMIDT, H.R. 5106: Mr. ROSS. HERSETH SANDLIN, and Mr. CLEAVER. Mr. ROGERS of Alabama, Ms. NORTON, Mr. H.R. 5141: Mr. PETERSON. H.R. 5993: Ms. SLAUGHTER, Mr. MICHAUD, ISSA, and Mrs. MYRICK. H.R. 5209: Mrs. CAPPS. and Mr. CUMMINGS. H. Res. 1531: Mr. LOBIONDO, Mr. POMEROY, H.R. 5211: Mr. PRICE of North Carolina and H.R. 6003: Mr. VAN HOLLEN. Mr. PETERSON, Ms. MARKEY of Colorado, Mrs. Mr. SHERMAN. H.R. 6057: Mr. MURPHY of New York and NAPOLITANO, Mr. KISSELL, Mr. JONES, Mr. H.R. 5321: Mr. MORAN of Virginia. Mr. TONKO. MURPHY of New York, Mr. MORAN of Kansas, H.R. 5360: Ms. SLAUGHTER. H.R. 6067: Mr. HONDA. Mr. SCOTT of Georgia, Ms. MCCOLLUM, and H.R. 5400: Mr. EDWARDS of Texas, Mr. CLAY, H.R. 6072: Mr. MCGOVERN, Ms. TITUS, and Mrs. BLACKBURN. Mr. SCHIFF, Mr. CONYERS, Mr. BRADY of Mr. HINCHEY. H. Res. 1563: Mr. PASCRELL, Mr. PAYNE, and Pennsylvania, Mr. BOCCIERI, Mr. WILSON of H.R. 6081: Mr. ELLISON. Mr. PALLONE. Ohio, Mr. BRALEY of Iowa, Mr. MICHAUD, Mr. H.R. 6095: Mr. CONYERS. H. Res. 1570: Mr. OLVER. PLATTS, Ms. TITUS, and Mr. PASTOR of Ari- H.R. 6099: Mr. HONDA. zona. H.R. 6117: Mr. STARK. H. Res. 1576: Mr. BOCCIERI and Mr. H.R. 5434: Mr. MAFFEI, Mr. ADERHOLT, Mr. H.R. 6118: Mr. CONNOLLY of Virginia. LAMBORN. SHERMAN, and Ms. BALDWIN. H.R. 6123: Mr. TEAGUE. H. Res. 1588: Mr. HOYER, Mr. LOBIONDO, Mr. H.R. 5441: Ms. MCCOLLUM. H.R. 6128: Ms. CHU, Mr. HILL, Mr. SIRES, SMITH of Washington, and Ms. TSONGAS. H.R. 5462: Mr. BILBRAY and Mr. LIPINSKI. Ms. PINGREE of Maine, Mr. WALZ, Mr. FARR, H. Res. 1590: Mr. ROGERS of Alabama, Mr. H.R. 5475: Mr. FILNER. Mr. DOGGETT, Mr. DAVIS of Illinois, Ms. NOR- PITTS, and Mr. BROUN of Georgia. H.R. 5504: Mr. INSLEE, Ms. KILPATRICK of TON, Mr. VISCLOSKY, Mr. WELCH, Ms. JACKSON H. Res. 1598: Ms. WOOLSEY, Ms. BALDWIN, Michigan, and Mr. FALEOMAVAEGA. LEE of Texas, Mr. BOSWELL, Mr. HIGGINS, Ms. Mr. FILNER, Mr. GRIJALVA, Mr. CLEAVER, Mr. H.R. 5549: Mr. SERRANO, Mr. HINCHEY, Mr. LINDA T. SA´ NCHEZ of California, Mr. OBER- TOWNS, and Mr. MCGOVERN. SMITH of Washington, Mr. COURTNEY, Mr. ED- STAR, Ms. EDDIE BERNICE JOHNSON of Texas, H. Res. 1600: Mrs. DAHLKEMPER, Mr. LATTA, WARDS of Texas, Mrs. LOWEY, Mr. TIM MUR- Mr. CUMMINGS, Mr. BRALEY of Iowa, and Mr. Mr. BURGESS, Mr. OLVER, Mr. CLAY, Mr. PHY of Pennsylvania, Mr. BRADY of Pennsyl- PALLONE. SPRATT, Mr. WELCH, Mr. BRIGHT, Mr. JACK- ASTINGS vania, Mr. CONYERS, Mr. SCHIFF, Mr. H.R. 6132: Mr. H of Florida, Mr. SON of Illinois, Ms. EDWARDS of Maryland, ELCH ISCLOSKY BLUMENAUER, Mr. BOCCIERI, Mr. PATRICK J. W , and Mr. V . Mrs. MILLER of Michigan, Ms. BERKLEY, Mr. H.R. 6133: Mr. KLEIN of Florida. MURPHY of Pennsylvania, Mr. WILSON of MATHESON, Mr. TOWNS, Mr. MCKEON, Mrs. H.R. 6134: Mr. SHADEGG. Ohio, Mr. BRALEY of Iowa, Mr. LIPINSKI, Mr. CAPPS, Mr. BUTTERFIELD, Mr. CHANDLER, Mr. H.R. 6139: Ms. SLAUGHTER. MICHAUD, Mr. HARE, Ms. MATSUI, Mr. JACK- KENNEDY, Mr. BARROW, Mr. MCDERMOTT, Ms. H.R. 6143: Mr. GRIJALVA and Mrs. SON of Illinois, Mr. PLATTS, Mr. PASTOR of MARKEY of Colorado, Mr. HOLT, Mr. SCALISE, NAPOLITANO. Arizona, Mr. DOYLE, and Mr. MURPHY of New Mr. HOLDEN, Mr. KIND, Mr. FARR, Ms. Linda H.R. 6150: Ms. ZOE LOFGREN of California York. T. Sa´ nchez of California, Mr. GRIFFITH, Mr. and Mr. RADANOVICH. H.R. 5575: Ms. WASSERMAN SCHULTZ. SCHIFF, Mr. SALAZAR, Mr. ROSS, Mr. CAO, Mr. H.R. 6160: Mr. MCMAHON and Mr. LIPINSKI. H.R. 5588: Mrs. NAPOLITANO and Ms. GIF- DOYLE, Mrs. KIRKPATRICK of Arizona, Ms. H.R. 6174: Mr. MEEKs of New York. FORDS. H.R. 6184: Mr. INSLEE, Mr. BLUMENAUER, DEGETTE, Mr. RYAN of Ohio, Mr. BAIRD, Mr. H.R. 5645: Mrs. BONO MACK. Mr. SIMPSON, Mr. WU, Mrs. MCMORRIS ROD- OBERSTAR, and Mr. ELLISON. H.R. 5652: Mr. DEFAZIO and Ms. WASSERMAN GERS, and Mr. MCDERMOTT. H. Res. 1615: Mr. CALVERT and Ms. GINNY SCHULTZ. H.R. 6192: Ms. DELAURO, Mr. CONYERS, and BROWN-WAITE of Florida. H.R. 5718: Mr. GUTIERREZ. Mr. CARDOZA. H. Res. 1617: Mr. MARIO DIAZ-BALART of H.R. 5723: Mr. SERRANO. H.R. 6198: Mr. SMITH of Texas and Mr. Florida, Mr. KAGEN, Mrs. MYRICK, and Mr. H.R. 5740: Mr. CUMMINGS. OHEN SESTAK. H.R. 5746: Mr. MOORE of Kansas, Mr. POLIS C . H.R. 6211: Mr. NYE. of Colorado, Mr. CARNEY, Mr. HIGGINS, Mr. H. Res. 1621: Mr. PASCRELL, Mr. MCGOVERN, H. Con. Res. 224: Mr. LAMBORN. LANGEVIN, Mrs. DAHLKEMPER, Ms. DEGETTE, Mr. MELANCON, Ms. KAPTUR, and Mr. HARE. H. Con. Res. 259: Mr. LATOURETTE, Mr. Mr. HOLT, Mr. MAFFEI, Mr. TIERNEY, Mr. H. Res. 1624: Mr. HODES and Ms. PINGREE of MAFFEI, and Mr. DOYLE. GARAMENDI, and Mr. FOSTER. Maine. H. Con. Res. 267: Mr. QUIGLEY Mrs. H.R. 5766: Mr. COSTA, Ms. MARKEY of Colo- H. Res. 1628: Ms. SUTTON. BACHMANN, Mr. ROHRABACHER, and Mr. rado, Ms. ROS-LEHTINEN, Mr. INSLEE, Mrs. H. Res. 1630: Mr. WALDEN and Mr. ISSA. FALEOMAVAEGA. NAPOLITANO, and Mr. BACA. H. Res. 1631: Mr. BERMAN, Mr. GALLEGLY, H. Con. Res. 303: Mr. CAMPBELL. H.R. 5791: Mr. LANGEVIN. H. Con. Res. 312: Mr. AKIN, Mr. LINDER, Mr. Mr. COSTA, and Mr. GENE GREEN of Texas. H.R. 5792: Ms. BALDWIN. DUNCAN, Mr. BILBRAY, Mr. NEUGEBAUER, Mr. H. Res. 1636: Mr. GALLEGLY. H.R. 5806: Mrs. CAPPS and Mr. CONNOLLY of FORTENBERRY, Mrs. LUMMIS, Mr. THOMPSON H. Res. 1637: Ms. TITUS, Mrs. CAPITO, Mr. Virginia. of Pennsylvania, Mr. BARTON of Texas, Mr. GORDON of Tennessee, Ms. EDWARDS of Mary- H.R. 5842: Mr. COBLE. GOHMERT, Mr. FRANKS of Arizona, Mr. land, Ms. SLAUGHTER, and Mr. PERRIELLO. H.R. 5843: Mrs. KIRKPATRICK of Arizona and SHIMKUS, Mr. FLEMING, Mr. CONAWAY, Mr. H. Res. 1641: Mr. CONNOLLY of Virginia, Mr. Mr. COSTELLO. KING of Iowa, Mr. HERGER, Mr. POSEY, and GONZALEZ, Mr. HALL of New York, Mr. ISSA, H.R. 5853: Mr. SHADEGG, Mr. MARCHANT, Mr. SESSIONS. Mr. RADANOVICH, and Mr. RYAN of Ohio. Mr. BONNER, Mr. OLSON, and Mr. CONAWAY. H. Con. Res. 319: Mr. PETRI, Mr. FORBES, H. Res. 1645: Mrs. NAPOLITANO, Mr. MCGOV- H.R. 5894: Mr. TOWNS. Mr. ANDREWS, Mr. KISSELL, Ms. SHEA-POR- ERN, Mr. COURTNEY, Ms. LORETTA SANCHEZ of H.R. 5907: Mr. STARK. TER, and Mr. TURNER. California, Mr. POLIS of Colorado, Mr. CON- H.R. 5928: Mr. COURTNEY, Mr. EDWARDS of H. Res. 111: Mr. TAYLOR and Mr. MAFFEI. YERS, Mr. TOWNS, and Ms. CHU. Texas, Mr. SCHIFF, Mr. CONYERS, Mr. BRADY H. Res. 155: Mr. QUIGLEY. of Pennsylvania, Mr. BLUMENAUER, Mr. H. Res. 1646: Mr. LARSON of Connecticut. H. Res. 397: Mr. THOMPSON of Pennsylvania. OCCIERI ILSON RALEY H. Res. 1648: Mr. BOCCIERI, Ms. GINNY B , Mr. W of Ohio, Mr. B of H. Res. 510: Mr. MCGOVERN. BROWN-WAITE of Florida, Mr. COSTELLO, Mr. Iowa, Mr. MICHAUD, Mr. HARE, Ms. MATSUI, H. Res. 767: Mr. COHEN. GALLEGLY, Ms. JENKINS, Mr. LAMBORN, Mr. Mr. PLATTS, Mr. PASTOR of Arizona, and Mr. H. Res. 840: Mr. THOMPSON of Pennsylvania. PETERSON, Mr. ROGERS of Michigan, Mr. DOYLE. H. Res. 929: Mr. CALVERT. SABLAN, and Mrs. SCHMIDT. H.R. 5931: Mr. HONDA. H. Res. 1207: Mr. GERLACH. H.R. 5939: Mr. PETRI, Mr. DRIEHAUS, Mr. H. Res. 1217: Mr. DJOU. H. Res. 1651: Mr. RANGEL, Mr. CLEAVER, and WALDEN, Mr. ROONEY, Mr. ROYCE, and Mr. H. Res. 1226: Mr. NYE and Mr. LARSON of Mr. AL GREEN of Texas. BILBRAY. Connecticut. H. Res. 1655: Mrs. MCCARTHY of New York, H.R. 5957: Mr. COBLE. H. Res. 1343: Mr. PITTS. Mr. COURTNEY, Mr. ELLISON, and Mr. JOHN- H.R. 5967: Ms. SLAUGHTER, Mr. DOGGETT, H. Res. 1378: Mr. JONES, Mrs. BONO Mack, SON of Georgia. Ms. RICHARDSON, and Mr. WU. and Mr. FORBES. H. Res. 1656: Mr. SCOTT of Georgia. H.R. 5976: Mr. MCDERMOTT and Mr. H. Res. 1431: Mr. MURPHY of New York, Ms. ELLISON. MCCOLLUM, Mr. SPACE, Mr. HARE, Mrs. BONO f H.R. 5983: Ms. RICHARDSON, Mr. LYNCH, Mr. Mack, Mr. JACKSON of Illinois, Mr. SCHAUER, HINCHEY, Mrs. MALONEY, Mr. YOUNG of Alas- Mr. LIPINSKI, Mr. GRIJALVA, Mr. LINCOLN ka, Mr. LARSEN of Washington, Mr. CASTLE, DIAZ-BALART of Florida, Ms. BALDWIN, and PETITIONS, ETC. Mrs. MCMORRIS RODGERS, Mr. FRANK of Mas- Mr. MOORE of Kansas. Under clause 3 of rule XII: sachusetts, Mr. PETERSON, Mr. BISHOP of H. Res. 1476: Mr. BAIRD, Ms. CASTOR of Georgia, Mr. MCGOVERN, Mr. DELAHUNT, Mr. Florida, Mr. INSLEE, Ms. JACKSON LEE of 170. The SPEAKER presented a petition of JOHNSON of Georgia, Mr. TIERNEY, Ms. NOR- Texas, and Ms. HIRONO. City of Conover, North Carolina, relative to TON, Mr. CLAY, Mr. CLEAVER, and Mr. LIN- H. Res. 1485: Ms. KILROY, Mr. LIPINSKI, and Resolution 27-10 expressing opposition to fed- DER. Ms. ZOE LOFGREN of California. erally mandated collective bargaining; which H.R. 5987: Mr. BOUCHER, Mr. EDWARDS of H. Res. 1488: Mr. SNYDER, Mrs. LOWEY, and was referred to the Committee on Education Texas, Mr. CONYERS, Mr. HEINRICH, Ms. Ms. DEGETTE. and Labor.

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