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—Part II House of Representatives SMITHSONIAN CONSERVATION BI- The SPEAKER pro tempore. Pursu- This authorizing legislation supports OLOGY INSTITUTE ENHANCE- ant to the rule, the gentlewoman from the Smithsonian’s important biological MENT ACT California (Mrs. DAVIS) and the gen- conservation work conducted at the Mrs. DAVIS of California. Mr. Speak- tleman from California (Mr. DANIEL E. National Zoological Park located in er, I move to suspend the rules and LUNGREN) each will control 20 minutes. Front Royal, Virginia, and strengthens pass the bill (H.R. 5717) to authorize The Chair recognizes the gentle- their collaborative partnership with the Board of Regents of the Smithso- woman from California. George Mason University in these ef- nian Institution to plan, design, and GENERAL LEAVE forts. The planned renovation and con- construct a facility and to enter into Mrs. DAVIS of California. Mr. Speak- struction, which leverages a very mod- agreements relating to education pro- er, I ask unanimous consent that all est Federal investment with significant grams at the National Zoological Park Members have 5 legislative days to re- non-Federal funds, will enhance the facility in Front Royal, Virginia, and vise and extend their remarks in the education and professional training for other purposes, as amended. RECORD and to include extraneous mat- programs currently underway. The Clerk read the title of the bill. ter on this legislation. b 2040 The text of the bill is as follows: The SPEAKER pro tempore. Is there H.R. 5717 objection to the request of the gentle- The Smithsonian is truly a unique Be it enacted by the Senate and House of Rep- woman from California? part of our American culture. I am resentatives of the United States of America in There was no objection. pleased to support this authorization Congress assembled, Mrs. DAVIS of California. Mr. Speak- which helps the Smithsonian maintain SECTION 1. SHORT TITLE. er, I yield myself such time as I may its well-deserved international reputa- This Act may be cited as the ‘‘Smithsonian consume. tion for excellence in scientific dis- Conservation Biology Institute Enhancement Mr. Speaker, H.R. 5717 would upgrade covery and advancement and its con- Act’’. the Smithsonian Institution’s sci- tinued commitment to the environ- SEC. 2. FACILITY FOR RESEARCH AND EDU- entific and educational activities at its ment that we must steward. CATIONAL PROGRAMS. Mr. Speaker, I urge my colleagues to (a) IN GENERAL.—The Board of Regents of the unique animal conservation facility, Smithsonian Institution is authorized to plan, the Smithsonian Conservation Biology support H.R. 5717. design, and construct a facility on National Zo- Institute at Front Royal, Virginia. Mr. OBERSTAR. Mr. Speaker, I rise in sup- ological Park property in Front Royal, Virginia Mr. Speaker, in the interest of time, port of H.R. 5717, the ‘‘Smithsonian Conserva- for the purpose of conducting research and edu- I understand that there is a consensus tion Biology Institute Enhancement Act’’. cational programs. on this legislation. H.R. 5717, as amended, authorizes the (b) AUTHORIZATION OF APPROPRIATIONS.— I reserve the balance of my time. Smithsonian Institution to expand the National There is authorized to be appropriated to carry Zoological Park facility in Front Royal, Virginia, out subsection (a)— Mr. DANIEL E. LUNGREN of Cali- (1) $1,000,000 for each of fiscal years 2010 and fornia. Mr. Speaker, I yield myself such in furtherance of conservation biology re- 2011; and time as I may consume. search, education and training. (2) $3,000,000 in the aggregate for all suc- Mr. Speaker, it is a pleasure to rise Specifically, this legislation will authorize the ceeding fiscal years. in support of H.R. 5717. Once again, we Smithsonian to: renovate a building to be used SEC. 3. AGREEMENTS FOR HOUSING AND OTHER are back in a bipartisan state sup- primarily for classroom and laboratory space; SERVICES. porting this bill. enter into agreements that will enable third (a) IN GENERAL.—The Board of Regents of the Mr. Speaker, the Smithsonian Insti- Smithsonian Institution is authorized to enter party strategic partners to construct and oper- into agreements for the provision of housing and tution is an invaluable part of our na- ate housing and food service facilities on other services to the participants in the pro- tional heritage and our ongoing com- Smithsonian property; and plan, design, and grams referenced in section 2. mitment to historical preservation and construct animal holding facilities—all at the (b) COSTS.—The housing and other services scientific advancement. I am pleased to Front Royal property. described in subsection (a) shall be provided at support this legislation sponsored by The building renovation project is to be no cost to the Smithsonian Institution. our friend and colleague, Congressman funded equally by Federal appropriation, in the SEC. 4. ANIMAL HOLDING FACILITY. SAM JOHNSON, and the congressional amount of $5 million, and by Smithsonian trust The Board of Regents of the Smithsonian In- members of the Smithsonian Board of stitution is authorized to plan, design, and con- sources. The housing and food service facili- struct animal holding and related program fa- Regents. This legislation will help fur- ties are to be funded entirely by third-party fi- cilities on National Zoological Park property in ther the institution’s founding mission, nancing. The animal holding facility is to be Front Royal, Virginia, to be funded from non- which is to support and increase the funded entirely from Smithsonian trust sources federal sources. diffusion of knowledge. (i.e., non-Federal sources).

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 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.178 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7158 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The plans and cost estimates for the build- (F) in paragraph (51D) by inserting ‘‘of the (A) in the matter preceding paragraph (1) ing renovation project, for which Federal fund- filing’’ after ‘‘date’’ the 1st place it appears, by striking ‘‘only’’, ing is sought, have been carefully reviewed by and (B) by amending paragraph (1) to read as the Committee on Transportation and Infra- (G) by redesignating paragraphs (56A) and follows: (53D) as (53D) and (53E), respectively, ‘‘(1) in the case of a debtor that is a cor- structure. The Committee finds the plans and (2) in section 103(a) by striking ‘‘362(n)’’ poration or trust that is not a moneyed busi- estimates to be reasonable and in consonance and inserting ‘‘362(o)’’, ness, commercial corporation, or trust, only with the Smithsonian mission to increase the (3) in section 105(d)(2) by inserting ‘‘may’’ in accordance with nonbankruptcy law appli- diffusion of knowledge. Further, the after ‘‘Procedure,’’, cable to the transfer of property by a debtor Smithsonian’s plans to partner with a third (4) in section 106(a)(1) by striking ‘‘728,’’, that is such a corporation or trust; and’’, and party, in this particular case, George Mason (5) in section 107(a) by striking ‘‘subsection (C) in paragraph (2) by inserting ‘‘only’’ University, to shoulder the capital and oper- (b) of this section’’ and inserting ‘‘sub- after ‘‘(2)’’, ating costs of the residential and food service sections (b) and (c)’’, (14) in section 505(a)(2)(C) by striking ‘‘any facilities, is a sensible and business-savvy (6) in section 109— law (other than a bankruptcy law)’’ and in- (A) in subsection (b)(3)(B) by striking way to further the Smithsonian’s scientific and serting ‘‘applicable nonbankruptcy law’’, ‘‘1978’’ and inserting ‘‘1978)’’, and (15) in section 507(a)(8)(A)(ii) by striking educational reach. (B) in subsection (h)(1)— the period at the end and inserting ‘‘; or’’, I urge my colleagues to join me in sup- (i) by inserting ‘‘other than paragraph (4) (16) in section 521(a)— porting H.R. 5717. of this subsection’’ after ‘‘this section’’, and (A) in paragraph (2)— Mr. DANIEL E. LUNGREN of Cali- (ii) by striking ‘‘preceding’’ and inserting (i) in subparagraph (A)— fornia. I yield back the balance of my ‘‘ending on’’, (I) by striking ‘‘the debtor shall’’, and time. (7) in section 110— (II) by adding ‘‘and’’ at the end, Mrs. DAVIS of California. Mr. Speak- (A) in subsection (b)(2)(A) by inserting ‘‘or (ii) in subparagraph (B)— er, I certainly support the Smithsonian on behalf of’’ after ‘‘from’’, and (I) by striking ‘‘the debtor shall’’, and in this effort, and I look forward to (B) in subsection (h)— (II) by striking ‘‘and’’ at the end, and (i) in the last sentence of paragraph (1)— passage of this important legislation. (iii) in subparagraph (C) by striking ‘‘(C)’’ (I) by striking ‘‘a’’ and inserting ‘‘the’’, and inserting the following: I yield back the balance of my time. and The SPEAKER pro tempore. The ‘‘except that’’, and (II) by inserting ‘‘or on behalf of’’ after (B) in paragraphs (3) and (4) by inserting question is on the motion offered by ‘‘from’’, ‘‘is’’ after ‘‘auditor’’, the gentlewoman from California (Mrs. (ii) in paragraph (3)(A)— (17) in section 522— DAVIS) that the House suspend the (I) by striking ‘‘found to be in excess of the (A) in subsection (b)(3)(A)— rules and pass the bill, H.R. 5717, as value of any services’’, and (i) by striking ‘‘at’’ the 1st place it appears amended. (II) in clause (i) by inserting ‘‘found to be and inserting ‘‘to’’, and The question was taken; and (two- in excess of the value of any services’’ after (ii) by striking ‘‘at’’ the 2d place it appears ‘‘(i)’’, and thirds being in the affirmative) the and inserting ‘‘in’’, and (iii) in paragraph (4) by striking ‘‘para- (B) in subsection (c)(1) by striking ‘‘section rules were suspended and the bill, as graph (2)’’ and inserting ‘‘paragraph (3)’’, amended, was passed. 523(a)(5)’’ and inserting ‘‘such paragraph’’, (8) in section 111(d)(1)(E)— (18) in section 523(a)— A motion to reconsider was laid on (A) by striking the period at the end and (A) in paragraph (2)(C)(ii)(II) by striking insert ‘‘; and’’, and the table. the period at the end and inserting a semi- (B) by indenting the left margin of such f colon, and subparagraph 2 additional ems to the right, (B) in paragraph (3) by striking ‘‘521(1)’’ BANKRUPTCY TECHNICAL (9) in section 303 by redesignating sub- and inserting ‘‘521(a)(1)’’, section (l) as subsection (k), CORRECTIONS ACT OF 2010 (19) in section 524(k)— (10) in section 308(b)— (A) in the last undesignated paragraph of Mr. SCOTT of Virginia. Mr. Speaker, (A) by striking ‘‘small business debtor’’ the quoted matter in paragraph (3)(J)(i)— I move to suspend the rules and pass and inserting ‘‘debtor in a small business (i) by striking ‘‘security property’’ the 1st the bill (H.R. 6198) to amend title 11 of case’’, and place it appears and inserting ‘‘property se- the United States Code to make tech- (B) in paragraph (4)— curing the lien’’, nical corrections; and for related pur- (i) in subparagraph (A)— (ii) by striking ‘‘current value of the secu- poses, as amended. (I) by striking ‘‘(A)’’, and (II) by redesignating clauses (i) and (ii) as rity property’’ and inserting ‘‘amount of the The Clerk read the title of the bill. allowed secured claim’’, and The text of the bill is as follows: subparagraphs (A) and (B), respectively, (ii) in subparagraph (B)— (iii) in the last sentence by inserting H.R. 6198 (I) by striking ‘‘(B)’’ and inserting ‘‘(5)’’, ‘‘must’’ after ‘‘you’’, and Be it enacted by the Senate and House of Rep- (II) by striking ‘‘subparagraph (A)(i)’’ and (B) in paragraph (5)(B) by striking ‘‘that’’ resentatives of the United States of America in inserting ‘‘paragraph (4)(A)’’, and and inserting ‘‘that,’’, Congress assembled, (III) by striking ‘‘subparagraph (A)(ii)’’ and (20) in section 526(a)— SECTION 1. SHORT TITLE. inserting ‘‘paragraph (4)(B)’’, (A) in paragraph (2) by striking ‘‘untrue This Act may be cited as the ‘‘Bankruptcy (iii) by redesignating subparagraph (C) as and’’ and inserting ‘‘untrue or’’, and Technical Corrections Act of 2010’’. paragraph (6), and (B) in paragraph (4) by inserting ‘‘a’’ after ‘‘preparer’’, SEC. 2. TECHNICAL CORRECTIONS RELATING TO (11) in section 348— AMENDMENTS MADE BY PUBLIC (A) in subsection (b)— (21) in the 3d sentence of the 4th undesig- LAW 109–8. (i) by striking ‘‘728(a), 728(b),’’, and nated paragraph of the quoted matter in sec- (a) TITLE 11 OF THE UNITED STATES CODE.— (ii) by striking ‘‘1146(a), 1146(b),’’, and tion 527(b), by striking ‘‘Schedules and Title 11 of the United States Code is amend- (B) in subsection (f)(1)(C)(i) by inserting Statement of Financial Affairs, as well as in ed— ‘‘of the filing’’ after ‘‘date’’, some cases a Statement of Intention’’ and (1) in section 101— (12) in section 362— inserting ‘‘Schedules, and Statement of Fi- (A) in paragraph (13A)— (A) in subsection (a)(8)— nancial Affairs, and in some cases a State- (i) in subparagraph (A) by inserting ‘‘if (i) by striking ‘‘corporate debtor’s’’, and ment of Intention,’’, used as the principal residence by the debt- (ii) by inserting ‘‘of a debtor that is a cor- (22) in section 541(b)(6)(B) by striking ‘‘sec- or’’ after ‘‘structure’’ the 1st place it ap- poration’’ after ‘‘liability’’ the 1st place it tion 529(b)(7)’’ and inserting ‘‘section pears, and appears, 529(b)(6)’’, (ii) in subparagraph (B) by inserting ‘‘if (B) in subsection (c)— (23) in section 554(c) by striking ‘‘521(1)’’ used as the principal residence by the debt- (i) in paragraph (3), in the matter pre- and inserting ‘‘521(a)(1)’’, or’’ before the period at the end, ceding subparagraph (A), by inserting ‘‘a’’ (24) in section 704(a)(3) by striking (B) in paragraph (35) by striking ‘‘(23) and after ‘‘against’’, and ‘‘521(2)(B)’’ and inserting ‘‘521(a)(2)(B)’’, (35)’’ and inserting ‘‘(21B) and (33)(A)’’, (ii) in paragraph (4)(A)(i) by inserting (25) in section 707— (C) in paragraph (40B) by striking ‘‘written ‘‘under a chapter other than chapter 7 after (A) in subsection (a)(3) by striking ‘‘521’’ document relating to a patient or a’’ and in- dismissal’’ after ‘‘refiled’’, and inserting ‘‘521(a)’’, and serting ‘‘record relating to a patient, includ- (C) in subsection (d)(4) by striking ‘‘hinder, (B) in subsection (b)— ing a written document or a’’, and’’ and inserting ‘‘hinder, or’’, and (i) in paragraph (2)(A)(iii)(I) by inserting (D) in paragraph (42) by striking ‘‘303, and (D) in subsection (l)(2) by striking ‘‘of the filing’’ after ‘‘date’’, and 304’’ and inserting ‘‘303 and 1504’’, ‘‘nonbankrupcty’’ and inserting ‘‘nonbank- (ii) in paragraph (3) by striking ‘‘subpara- (E) in paragraph (51B) by inserting ‘‘there- ruptcy’’, graph (A)(i) of such paragraph’’ and inserting to’’ before the period at the end, (13) in section 363(d)— ‘‘paragraph (2)(A)(i)’’,

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(26) in section 723(c) by striking ‘‘Notwith- (38) in section 1202(b)— (3) TECHNICAL AMENDMENTS.—Section 586(a) standing section 728(c) of this title, the’’ and (A) in paragraph (1) by striking ‘‘704(2), of title 28 of the United States Code is inserting ‘‘The’’, 704(3), 704(5), 704(6), 704(7), and 704(9)’’ and in- amended— (27) in section 724(b)(2)— serting ‘‘704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), (A) in paragraph (3)(A)(ii) is amended by (A) by striking ‘‘507(a)(1)’’ and inserting 704(a)(7), and 704(a)(9)’’, and striking the period at the end and inserting ‘‘507(a)(1)(C) or 507(a)(2)’’, (B) in paragraph (5) by striking ‘‘704(8)’’ a semicolon, (B) by inserting ‘‘under each such section’’ and inserting ‘‘704(a)(8)’’, (B) in paragraph (7)(C) by striking ‘‘iden- after ‘‘expenses’’ the 1st place it appears, (39) in section 1302(b)(1) by striking ‘‘704(2), tify’’ and inserting ‘‘determine’’, and (C) by striking ‘‘chapter 7 of this title’’ and 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9)’’ (C) in paragraph (8) by striking ‘‘the inserting ‘‘this chapter’’, and and inserting ‘‘704(a)(2), 704(a)(3), 704(a)(4), United States trustee shall’’. (D) by striking ‘‘507(a)(2),’’ and inserting 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)’’, SEC. 3. TECHNICAL CORRECTION TO PUBLIC LAW ‘‘507(a)(1)(A), 507(a)(1)(B),’’, (40) in section 1304(c) by striking ‘‘704(8)’’ 109–8. (28) in section 726(b) by striking ‘‘or (8)’’ and inserting ‘‘704(a)(8)’’, Section 1406(b)(1) of Public Law 109–8 is and inserting ‘‘(8), (9), or (10)’’, (41) in section 1307— amended by striking ‘‘cept’’ and inserting (29) in section 901(a)— (A) in subsection (c)— ‘‘Except’’. (i) by striking ‘‘subsection (e)’’ and insert- (A) by inserting ‘‘333,’’ after ‘‘301,’’, and The SPEAKER pro tempore. Pursu- (B) by inserting ‘‘351,’’ after ‘‘350(b)’’, ing ‘‘subsection (f)’’, (30) in section 1104— (ii) in paragraph (9) by striking ‘‘521’’ and ant to the rule, the gentleman from (A) in subsection (a) inserting ‘‘521(a)’’, and Virginia (Mr. SCOTT) and the gen- (i) in paragraph (1) by inserting ‘‘or’’ at the (iii) in paragraph (10) by striking ‘‘521’’ and tleman from Texas (Mr. SMITH) each end, inserting ‘‘521(a)’, and will control 20 minutes. (ii) in paragraph (2) by striking ‘‘; or’’ and (B) in subsection (d) by striking ‘‘sub- The Chair recognizes the gentleman inserting a period, and section (e)’’ and inserting ‘‘subsection (f)’’, from Virginia. (iii) by striking paragraph (3), and (42) in section 1308(b)(2)— GENERAL LEAVE (B) in subsection (b)(2)(B)(ii) by striking (A) in subparagraph (A) by striking ‘‘para- ‘‘subsection (d)’’ and inserting ‘‘subsection graph (1)’’ and inserting ‘‘paragraph (1)(A)’’, Mr. SCOTT of Virginia. Mr. Speaker, (a)’’, (B) in subparagraph (B) by striking ‘‘para- I ask unanimous consent that all Mem- (31) in section 1106(a)— graph (2)’’ and inserting ‘‘paragraph (1)(B)’’, bers have 5 legislative days to revise (A) in paragraph (1) by striking ‘‘704’’ and and and extend their remarks and include inserting ‘‘704(a)’’, and (C) by striking ‘‘this subsection’’ each extraneous material on the bill under (B) in paragraph (2) by striking ‘‘521(1)’’ place it appears and inserting ‘‘paragraph consideration. and inserting ‘‘521(a)(1)’’, (1)’’, The SPEAKER pro tempore. Is there (43) in section 1322(a)— (32) in section 1111(a) by striking ‘‘521(1)’’ objection to the request of the gen- and inserting ‘‘521(a)(1)’’, (A) by striking ‘‘shall’’ the 1st place it ap- (33) amending section 1112— pears, tleman from Virginia? (A) in subsection (b)— (B) in paragraph (1) by inserting ‘‘shall’’ There was no objection. (i) by amending paragraph (1) to read as after ‘‘(1)’’, Mr. SCOTT of Virginia. I yield myself follows: (C) in paragraph (2) by inserting ‘‘shall’’ such time as I may consume. ‘‘(1) Except as provided in paragraph (2) after ‘‘(2)’’, Mr. Speaker, 5 years ago, the Bank- and subsection (c), on request of a party in (D) in paragraph (3) by inserting ‘‘shall’’ ruptcy Abuse Prevention and Con- interest, and after notice and a hearing, the after ‘‘claims,’’, and sumer Protection Act of 2005 was en- court shall convert a case under this chapter (E) in paragraph (4) by striking ‘‘a plan’’, to a case under chapter 7 or dismiss a case (44) in section 1325— acted into law. It exceeded 500 pages in under this chapter, whichever is in the best (A) in the last sentence of subsection (a) by length and made significant changes in interests of creditors and the estate, for inserting ‘‘period’’ after ‘‘910-day’’, and our Nation’s bankruptcy law. cause unless the court determines that the (B) in subsection (b)(2)(A)(ii) by striking Since its enactment, a number of appointment under section 1104(a) of a trust- ‘‘548(d)(3)’’ and inserting ‘‘548(d)(3))’’, technical drafting errors have been ee or an examiner is in the best interests of (45) in the heading of section 1511 by insert- identified. These include spelling er- creditors and the estate.’’, and ing ‘‘, 302,’’ after ‘‘301’’, rors, erroneous statutory cross-ref- (ii) in paragraph (2)— (46) in section 1519(f) by striking ‘‘362(n)’’ erences, incorrect grammar and termi- (I) by striking the matter preceding sub- and inserting ‘‘362(o)’’, nology references, and mistakes in paragraph (A) and inserting the following: (47) in section 1521(f) by striking ‘‘362(n)’’ ‘‘(2) The court may not convert a case and inserting ‘‘362(o)’’, punctuation. I am pleased that H.R. under this chapter to a case under chapter 7 (48) in section 1529(1) by inserting ‘‘is’’ 6198, the Bankruptcy Technical Correc- or dismiss a case under this chapter if the after ‘‘States’’, tions Act of 2010, corrects these purely court finds and specifically identifies un- (49) in the table of sections of chapter 3, by technical errors. usual circumstances establishing that con- striking the item relating to section 333 and Mr. Speaker, I urge my colleagues to verting or dismissing the case is not in the inserting the following: best interests of creditors and the estate, support H.R. 6198. and the debtor or any other party in interest ‘‘333. Appointment of patient care ombuds- H.R. 6198, THE ‘‘BANKRUPTCY TECHNICAL COR- establishes that—’’, and man.’’, and RECTIONS ACT OF 2010’’ SECTION-BY-SECTION (II) in subparagraph (B) by striking ‘‘grant- (50) in the table of sections of chapter 5, by EXPLANATION ing such relief’’ and inserting ‘‘converting or striking the item relating to section 562 and Sec. 1. Short Title. Section 1 sets forth the dismissing the case’’, and inserting the following: short title of the bill as the ‘‘Bankruptcy (B) in subsection (e) by striking ‘‘521’’ and ‘‘562. Timing of damage measure in connec- Technical Corrections Act of 2010.’’ inserting ‘‘521(a)’’, tion with swap agreements, se- Sec. 2. Technical Corrections Relating to (34) in section 1127(f)(1) by striking ‘‘sub- curities contracts, forward con- Amendments Made by Public Law 109–8. Sec- section (a)’’ and inserting ‘‘subsection (e)’’, tracts, commodity contracts, tion 2 makes a series of technical corrections (35) in section 1129(a)(16) by striking ‘‘of repurchase agreements, and to the Bankruptcy Abuse Prevention and the plan’’ and inserting ‘‘under the plan’’, master netting agreements.’’. Consumer Protection Act of 2005 (2005 Act). (36) in section 1141(d)(5)— (b) TITLE 18 OF THE UNITED STATES CODE.— Subsection (a)(1)(A) amends section (A) in subparagraph (B)— Section 157 of title 18, United States Code is 101(13A) of title 11 of the United States Code (i) in clause (i) by striking ‘‘and’’ at the amended— (Bankruptcy Code), which defines ‘‘debtor’s end; and (1) in paragraph (1) by striking ‘‘bank- principal residence.’’ The amendment clari- (ii) by adding at the end the following: ruptcy’’, and fies that the definition pertains to a struc- ‘‘(iii) subparagraph (C) permits the court (2) in paragraphs (2) and (3) by striking ‘‘, ture used by the debtor as a principal resi- to grant a discharge; and’’, and including a fraudulent involuntary bank- dence. (B) in subparagraph (C) — ruptcy petition under section 303 of such Subsection (a)(1)(B) amends Bankruptcy (i) by striking ‘‘unless’’ and inserting ‘‘the title’’. Code section 101(35), which defines ‘‘insured court may grant a discharge if,’’, (c) TITLE 28 OF THE UNITED STATES CODE.— depository institution.’’ The amendment cor- (ii) in clause (ii) by striking the period at (1) AMENDMENT RELATING TO APPEALS.— rects erroneous statutory references in this the end and inserting a semicolon, and Section 158(d)(2)(D) of title 28 of the United provision. (iii) by adding at the end the following: States Code is amended by striking ‘‘appeal Subsection (a)(1)(C) amends Bankruptcy ‘‘and if the requirements of subparagraph (A) in’’ and inserting ‘‘appeal is’’. Code section 101(40B), which defines ‘‘patient or (B) are met.’’, (2) AMENDMENT RELATING TO BANKRUPTCY records.’’ The amendment clarifies that the (37) in section 1145(b) by striking ‘‘2(11)’’ STATISTICS.—Section 159(c)(3)(H) of title 28 of term means a record relating to a patient, each place it appears and inserting the United States Code is amended by insert- including a written document or an elec- ‘‘2(a)(11)’’, ing ‘‘the’’ after ‘‘against’’. tronic record.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.186 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7160 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Subsection (a)(1)(D) amends Bankruptcy Subsection (a)(12) amends Bankruptcy erroneous statutory cross reference in sub- Code section 101(42), which defines ‘‘peti- Code section 362, which pertains to the auto- section 707(a)(3). Second, the amendment tion.’’ The amendment deletes the reference matic stay, in several respects. First, the clarifies that the provision’s reference to to section 304 of the Bankruptcy Code, which amendment makes a stylistic correction to date means the date of the filing of the peti- was eliminated as a result of the 2005 Act, subsection 362(a)(8) with respect to its ref- tion in subsection 707(b)(2)(A)(iii)(I). Third, and adds a reference to section 1504, which erence to a debtor that is a corporation. Sec- the amendment corrects an erroneous statu- was added by the 2005 Act. ond, it adds a missing article in subsection tory reference in subsection 707(b)(3). Subsection (a)(1)(E) amends Bankruptcy 362(c)(3). Third, the amendment conforms the Subsection (a)(26) amends Bankruptcy Code section 101(51D), which defines ‘‘small reference in subsection 362(c)(4)(A)(i) to Code section 723(c), which pertains to the business debtor.’’ The amendment clarifies ‘‘refiled’’ with subsection 362(c)(3) so that it rights of a partnership trustee against gen- that the debt limit specified therein is deter- applies to a case filed under a chapter other eral partners. The amendment strikes a ref- mined as of the date of the filing of the peti- than chapter 7 after dismissal of a prior case erence to Bankruptcy Code section 728, tion. pursuant to Bankruptcy Code section 707(b). which was eliminated by the 2005 Act. Subsection (a)(1)(F) redesignates para- Fourth, it corrects an erroneous conjunctive Subsection (a)(27) amends Bankruptcy graphs (56A) and (53D) of Bankruptcy Code in subsection 362(d)(4). Fifth, it corrects a Code section 724, which concerns the treat- section 101 as (53D) and (53E), respectively. spelling error in subsection 362(l). ment of liens. The amendment clarifies cer- Subsection (a)(2) amends Bankruptcy Code Subsection (a)(13) amends Bankruptcy tain statutory references in section 724(b)(2) section 103(a), which pertains to the applica- Code section 363, which concerns the use, and makes other clarifying revisions. bility of chapters of the Code. The amend- sale, or lease of property. The amendment Subsection (a)(28) amends Bankruptcy ment corrects an erroneous statutory ref- restructures subsection 363(d) to clarify its Code section 726(b), which concerns distribu- erence in this provision. intent. tion priorities in a chapter 7 case, to add a Subsection (a)(3) amends Bankruptcy Code Subsection (a)(14) amends Bankruptcy statutory reference to section 507(a)(9) and section 105(d)(2), which pertains to status Code section 505, which pertains to the deter- (10). conferences. The amendment makes a gram- mination of tax liability. The amendment Subsection (a)(29) amends Bankruptcy matical correction. corrects the provision’s use of terminology. Code section 901, which concerns the applica- Subsection (a)(4) amends Bankruptcy Code Subsection (a)(15) amends Bankruptcy bility of the Bankruptcy Code to munici- section 106(a)(1), which pertains to the waiv- Code section 507, which pertains to prior- pality cases. The amendment adds references er of sovereign immunity. The amendment ities. The amendment corrects a punctuation to Bankruptcy Code sections 333, dealing deletes a reference to Bankruptcy Code sec- error. with the appointment of a patient care om- tion 728, which was eliminated by the 2005 Subsection (a)(16) amends Bankruptcy budsman, and 351, concerning the disposal of Act. Code section 521, which pertains to the du- patient records, both of which were added by Subsection (a)(5) amends Bankruptcy Code ties of the debtor. The amendment makes the 2005 Act. section 107(a), which pertains to public ac- several revisions. First, it deletes redundant Subsection (a)(30) amends Bankruptcy cess to bankruptcy cases. The amendment text in subsection 521(a)(2)(A) and (B). Sec- Code section 1104, which pertains to the ap- corrects a drafting instruction error. ond, it restructures section 521(a)(2) to clar- pointment of a trustee and examiner. The Subsection (a)(6) makes several amend- ify its meaning. Third, the amendment cor- amendment restructures subsection 1104(a) ments to Bankruptcy Code section 109, which rects grammatical errors in paragraphs (3) to clarify the provision’s intent and how it sets forth the eligibility criteria for a debtor. and (4) of subsection 521(a). relates to Bankruptcy Code section 1112(b), Subsection (a)(6)(A) amends Bankruptcy Subsection (a)(17) amends Bankruptcy as amended by the 2005 Act. In addition, it Code section 109(b)(3)(B) to add a missing pa- Code section 522, which concerns exemptions. corrects an erroneous statutory reference in renthesis. Subsection (a)(6)(B) makes a con- The amendment corrects two grammatical subsection 1104(b)(2)(B)(ii). forming amendment to Bankruptcy Code errors in subsection 522(b)(3)(A). In addition, Subsection (a)(31) amends Bankruptcy section 109(h)(1) to clarify that Bankruptcy it makes a conforming revision to subsection Code section 1106, which pertains to the du- Code section 109(h)(4) is an exception. In ad- 522(c)(1). ties of a trustee and examiner. The amend- dition, subsection (a)(6)(B) clarifies that the Subsection (a)(18) amends Bankruptcy ment corrects two erroneous statutory ref- 180-day period ends on the date of the filing Code section 523, which pertains to the erences in section 1106(a). of the petition. dischargeability of debts. The amendment Subsection (a)(32) amends Bankruptcy Subsection (a)(7) amends Bankruptcy Code corrects a punctuation error in subsection Code section 1111, which concerns claims and section 110, which pertains to bankruptcy pe- 523(a)(2)(C)(ii)(II) and corrects an erroneous interests. The amendment corrects an erro- tition preparers. It makes conforming statutory cross reference in subsection neous statutory reference in section 1111(a). amendments to Bankruptcy Code section 523(a)(3). Subsection (a)(33) amends Bankruptcy 110(b)(2)(A) and (h)(1) so that they conform Subsection (a)(19) amends Bankruptcy Code section 1112(b), which sets forth the to other provisions in section 110 with re- Code section 524, which concerns reaffirma- grounds for converting or dismissing a chap- spect to fees received by a petition preparer tion agreements, among other matters. The ter 11 case. The amendment restructures this on behalf of a debtor. In addition, subsection amendment makes several revisions. First, provision to eliminate an internal redun- (a)(7) restructures section 110(h)(3) to clarify it corrects erroneous terminology in sub- dancy. In addition, it corrects an erroneous the court’s authority to disallow fees under section 524(k)(3)(J)(i) and inserts a missing statutory reference in section 1112(e). this provision. verb. Second, it corrects a punctuation error Subsection (a)(34) amends Bankruptcy Subsection (a)(8) amends Bankruptcy Code in subsection 524(k)(5)(B). Code section 1127, which pertains to modi- section 111, which concerns nonprofit budget Subsection (a)(20) amends Bankruptcy fication of a chapter 11 plan. The amendment and credit counseling agencies and financial Code section 526, which deals with restric- corrects an erroneous statutory reference in management instructional courses. The tions on debt relief agencies. The amend- section 1127(f)(1). amendment corrects two typographical er- ment makes a conforming revision to sub- Subsection (a)(35) amends Bankruptcy rors in Bankruptcy Code section 111(d)(1)(E). section 526(a)(2). It also adds a missing arti- Code section 1129(a), which sets forth the cri- The first error concerns incorrect punctua- cle to subsection 526(a)(4). teria for confirmation of a chapter 11 plan. tion and the second error pertains to incor- Subsection (a)(21) amends Bankruptcy The amendment makes a grammatical cor- rect indentation of the subparagraph. Code section 527, which concerns disclosures rection to section (a)(16). Subsection (a)(9) amends Bankruptcy Code by debt relief agencies. The amendment Subsection (a)(36) amends Bankruptcy section 303, which pertains to involuntary makes a grammatical correction. Code section 1141(d)(5), which concerns the bankruptcy cases. The amendment corrects Subsection (a)(22) amends Bankruptcy effect of confirmation. The amendment clari- the misdesignation of subsection (l) by redes- Code section 541, which deals with property fies the intent of this provision. ignating it as subsection (k). of the estate. The amendment corrects a Subsection (a)(37) amends Bankruptcy Subsection (a)(10) amends Bankruptcy statutory reference to the Internal Revenue Code section 1145(b), which pertains to the Code section 308, which concerns reporting Code of 1986 in section 541(b)(6)(B). applicability of securities laws. The amend- requirements for small business debtors. The Subsection (a)(23) amends Bankruptcy ment corrects an erroneous statutory ref- amendment restructures subsection 308(b)(4) Code section 554, which concerns abandon- erence in this section. to clarify its intent. ment. The amendment corrects an erroneous Subsection (a)(38) amends Bankruptcy Subsection (a)(11) makes two amendments a statutory reference in subsection 554(c). Code section 1202, which details the respon- to Bankruptcy Code section 348, which per- Subsection (a)(24) amends Bankruptcy sibilities of a trustee in a chapter 12 case. tains to the effect of conversion of a case. Code section 704, which pertains to duties of The amendment corrects several erroneous First, it amends Bankruptcy Code section the trustee. The amendment corrects an er- statutory references in section 1202(b). 348(b) to strike references to Bankruptcy roneous statutory reference in subsection Subsection (a)(39) amends Bankruptcy Code sections 728(a), 728(b), 1146(a) and 1146(b) 704(a)(3). Code section 1302, which details the respon- as these provisions were eliminated by the Subsection (a)(25) amends Bankruptcy sibilities of a trustee in a chapter 13 case. 2005 Act. Second, it amends Bankruptcy Code Code section 707, which concerns dismissal of The amendment corrects several erroneous section 348(f)(1)(C)(i) to clarify that the pro- a chapter 7 case or conversion to a case statutory references in section 1302(b)(1). vision applies with respect to the date of the under chapter 11 or 13. The amendment Subsection (a)(40) amends Bankruptcy filing of the petition. makes several revisions. First, it corrects an Code section 1304, which concerns a chapter

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.180 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7161 13 debtor engaged in business. The amend- When any provision of law is unclear FEDERAL COURTS JURISDICTION ment corrects an erroneous statutory ref- or its text inaccurate, judges and law- AND VENUE CLARIFICATION ACT erence in section 1304(c). yers may become confused about how OF 2010 Subsection (a)(41) amends Bankruptcy Code section 1307, which sets forth the Congress intends for the law to oper- Mr. SCOTT of Virginia. Mr. Speaker, grounds for converting or dismissing a chap- ate. Sometimes legislative inaccura- I move to suspend the rules and pass ter 13 case. The amendment corrects several cies even open the door to judicial ac- the bill (H.R. 4113) to amend title 28, erroneous statutory references in this sec- tivism. It is particularly important United States Code, to clarify the ju- tion. that the Bankruptcy Code be error risdiction of the Federal courts, and for Subsection (a)(42) amends Bankruptcy free, as the number of bankruptcy fil- other purposes, as amended. Code section 1308, which concerns the filing ings continues to rise. of prepetition tax returns. The amendment The Clerk read the title of the bill. clarifies several statutory references in sec- Last week, economists at the Na- The text of the bill is as follows: tion 1308(b)(2). tional Bureau of Economic Research H.R. 4113 Subsection (a)(43) amends Bankruptcy told us that the recession technically Be it enacted by the Senate and House of Rep- Code section 1322(a), which pertains to the ended in June 2009, but the American resentatives of the United States of America in contents of a chapter 13 plan. The amend- people have not seen the end of the re- Congress assembled, ment corrects an internal inconsistency. cession’s effects. The number of bank- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subsection (a)(44) amends Bankruptcy (a) SHORT TITLE.—This Act may be cited as Code section 1325, which pertains to con- ruptcy filings by small businesses and the ‘‘Federal Courts Jurisdiction and Venue firmation of a chapter 13 plan. The amend- individuals continues to increase at a Clarification Act of 2010’’. ment adds a missing word to subsection rate of about 30 percent per year. (b) TABLE OF CONTENTS.—The table of con- 1325(a) and adds a missing parenthesis to The bill under consideration today tents for this Act is as follows: subsection 1325(b)(2)(A)(ii). adopts many amendments suggested by Sec. 1. Short title; table of contents. Subsection (a)(45) amends the heading of the Administrative Office of the United Bankruptcy Code section 1511, to include a TITLE I—JURISDICTIONAL reference to section 302. States Courts. The Administrative Of- IMPROVEMENTS Subsection (a)(46) amends Bankruptcy fice suggested these changes in con- Sec. 101. Treatment of resident aliens. Code section 1519, which pertains to the re- sultation with bankruptcy practi- Sec. 102. Citizenship of corporations and in- lief that may be granted upon the filing of a tioners and judges. As a result, I expect surance companies with foreign petition for recognition in a chapter 15 case. this bill to yield a more user-friendly contacts. The amendment corrects an erroneous statu- Bankruptcy Code. Sec. 103. Removal and remand procedures. tory reference in section 1519(f). Sec. 104. Effective date. Subsection (a)(47) amends Bankruptcy It is important to highlight on the record that this bill does not, and is TITLE II—VENUE AND TRANSFER Code section 1521(f), which concerns relief IMPROVEMENTS that may be granted upon recognition in a not intended to, enact any substantive change to the Bankruptcy Code. The Sec. 201. Scope and definitions. chapter 15 case. The amendment corrects an Sec. 202. Venue generally. erroneous statutory reference. changes made to the Code by this bill Sec. 203. Repeal of section 1392. Subsection (a)(48) amends Bankruptcy are purely technical in nature. Sec. 204. Change of venue. Code section 1529, which concerns the coordi- Sec. 205. Effective date. nation of a case under title 11 and a foreign No Federal judge should interpret proceeding. The amendment adds a missing any provision of this bill to confer, TITLE I—JURISDICTIONAL word to section 1529(l). modify, or delete any substantive IMPROVEMENTS Subsection (a)(49) amends the table of sec- bankruptcy right, nor should anyone SEC. 101. TREATMENT OF RESIDENT ALIENS. tions for chapter 3 of the Bankruptcy Code infer a congressional intent to alter Section 1332(a) of title 28, United States to correct an erroneous description of sec- substantive rights from the bill’s at- Code, is amended— tion 333. tention to one section of the Bank- (1) by striking the last sentence; and Subsection (a)(50) amends the table of sec- (2) in paragraph (2), by inserting after ‘‘for- tions for chapter 5 of the Bankruptcy Code ruptcy Code but not another. eign state’’ the following: ‘‘, except that the to correct an erroneous description of sec- With this understanding, I am district courts shall not have original juris- tion 562. pleased to cosponsor the Bankruptcy diction under this subsection of an action be- Subsection (b) amends section 157 of title Technical Corrections bill. tween citizens of a State and citizens or sub- 18 of the United States Code, which concerns I yield back the balance of my time. jects of a foreign state who are lawfully ad- bankruptcy fraud. The amendment removes mitted for permanent residence in the superfluous references in this section. Mr. SCOTT of Virginia. Mr. Speaker, United States and are domiciled in the same Subsection (c)(1) amends section 158 of I yield myself such time as I may con- State’’. title 28 of the United States Code, which per- sume. SEC. 102. CITIZENSHIP OF CORPORATIONS AND tains to bankruptcy appeals. The amend- There were strong differences of opin- INSURANCE COMPANIES WITH FOR- ment corrects a grammatical error in sec- ion about the changes made in 2005. EIGN CONTACTS. tion 158(d)(2)(D). Many of us questioned whether some of Section 1332(c)(1) of title 28, United States Subsection (c)(2) amends section 159 of Code, is amended— title 28 of the United States Code, which per- those changes were justified and (1) by striking ‘‘any State’’ and inserting tains to the collection of bankruptcy statis- whether they were fair or constructive, ‘‘every State and foreign state’’; tics. The amendment adds a missing word to but those discussions are left to an- (2) by striking ‘‘the State’’ and inserting section 159(c)(3)(H). other day. ‘‘the State or foreign state’’; and Subsection (c)(3) amends section 586 of This bill before us today is simply a (3) by striking all that follows ‘‘party-de- title 28 of the United States Code, which con- fendant,’’ and inserting ‘‘such insurer shall cerns the United States Trustee Program. technical cleanup of the 2005 legisla- tion. I would like to thank the ranking be deemed a citizen of— The amendment corrects a punctuation error ‘‘(A) every State and foreign state of which in section 586(a)(3)(A)(ii), corrects erroneous member of the full committee, Mr. the insured is a citizen; terminology in section 586(a)(7)(C), and SMITH, for making this a bipartisan ef- ‘‘(B) every State and foreign state by eliminates redundant language in section fort. I urge my colleagues to support which the insurer has been incorporated; and 586(a)(8). the bill. ‘‘(C) the State or foreign state where the Sec. 3. Technical Correction to Public Law I yield back the balance of my time. insurer has its principal place of business; 109–8. Section 3 amends section 1406(b)(1) of and’’. the 2005 Act to correct a spelling error. The SPEAKER pro tempore. The question is on the motion offered by SEC. 103. REMOVAL AND REMAND PROCEDURES. I reserve the balance of my time. (a) ACTIONS REMOVABLE GENERALLY.—Sec- Mr. SMITH of Texas. Mr. Speaker, I the gentleman from Virginia (Mr. tion 1441 of title 28, United States Code, is yield myself such time as I may con- SCOTT) that the House suspend the amended as follows: sume. rules and pass the bill, H.R. 6198, as (1) The section heading is amended by The Bankruptcy Technical Correc- amended. striking ‘‘Actions removable generally’’ and tions Act of 2010 contains a number of The question was taken; and (two- inserting ‘‘Removal of civil actions’’. useful spelling, grammatical, and other thirds being in the affirmative) the (2) Subsection (a) is amended— rules were suspended and the bill, as (A) by striking ‘‘(a) Except’’ and inserting purely technical amendments to the ‘‘(a) GENERALLY.—Except’’; and Bankruptcy Code. These amendments amended, was passed. (B) by striking the last sentence; will facilitate the work of bankruptcy A motion to reconsider was laid on (3) Subsection (b) is amended to read as lawyers and judges. the table. follows:

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‘‘(b) REMOVAL BASED ON DIVERSITY OF CITI- removable, a notice of removal may be filed trict court may enter an order granting the ZENSHIP.—(1) In determining whether a civil within thirty days after receipt by the de- defendant or defendants leave to file the no- action is removable on the basis of the juris- fendant, through service or otherwise, of a tice at a later time. diction under section 1332(a) of this title, the copy of an amended pleading, motion, order ‘‘(2) A notice of removal of a criminal pros- citizenship of defendants sued under ficti- or other paper from which it may first be ecution shall include all grounds for such re- tious names shall be disregarded. ascertained that the case is one which is or moval. A failure to state grounds that exist ‘‘(2) A civil action otherwise removable has become removable.’’; at the time of the filing of the notice shall solely on the basis of the jurisdiction under (C) by striking subsection (c) and inserting constitute a waiver of such grounds, and a section 1332(a) of this title may not be re- the following: second notice may be filed only on grounds moved if any of the parties in interest prop- ‘‘(c) REQUIREMENTS; REMOVAL BASED ON DI- not existing at the time of the original no- erly joined and served as defendants is a cit- VERSITY OF CITIZENSHIP.—(1) A case may not tice. For good cause shown, the United izen of the State in which such action is be removed under subsection (b)(3) on the States district court may grant relief from brought.’’ ’’. basis of jurisdiction conferred by section 1332 the limitations of this paragraph. (4) Subsection (c) is amended to read as fol- more than 1 year after commencement of the ‘‘(3) The filing of a notice of removal of a lows: action, unless the plaintiff has acted in bad criminal prosecution shall not prevent the ‘‘(c) JOINDER OF FEDERAL LAW CLAIMS AND faith in order to prevent a defendant from re- State court in which such prosecution is STATE LAW CLAIMS.—(1) If a civil action in- moving the action. pending from proceeding further, except that cludes— ‘‘(2) If removal of a civil action is sought a judgment of conviction shall not be en- ‘‘(A) a claim arising under the Constitu- on the basis of the jurisdiction conferred by tered unless the prosecution is first re- tion, laws, or treaties of the United States section 1332(a), the sum demanded in good manded. (within the meaning of section 1331 of this faith in the initial pleading shall be deemed ‘‘(4) The United States district court in title), and to be the amount in controversy, except which such notice is filed shall examine the ‘‘(B) a claim not within the original or sup- that— notice promptly. If it clearly appears on the plemental jurisdiction of the district court ‘‘(A) the notice of removal may assert the face of the notice and any exhibits annexed or a claim that has been made nonremovable amount in controversy if the initial pleading thereto that removal should not be per- by statute, seeks— mitted, the court shall make an order for the entire action may be removed if the ac- ‘‘(i) nonmonetary relief; or summary remand. tion would be removable without the inclu- ‘‘(ii) a money judgment, but the State ‘‘(5) If the United States district court does sion of the claim described in subparagraph practice either does not permit demand for a not order the summary remand of such pros- (B). specific sum or permits recovery of damages ecution, it shall order an evidentiary hearing ‘‘(2) Upon removal of an action described in in excess of the amount demanded; and to be held promptly and, after such hearing, paragraph (1), the district court shall sever ‘‘(B) removal of the action is proper on the shall make such disposition of the prosecu- from the action all claims described in para- basis of an amount in controversy asserted tion as justice shall require. If the United graph (1)(B) and shall remand the severed under subparagraph (A) if the district court States district court determines that re- claims to the State court from which the ac- finds, by the preponderance of the evidence, moval shall be permitted, it shall so notify tion was removed. Only defendants against that the amount in controversy exceeds the the State court in which prosecution is pend- whom a claim described in paragraph (1)(A) amount specified in section 1332(a). ing, which shall proceed no further. has been asserted are required to join in or ‘‘(3)(A) If the case stated by the initial ‘‘(c) WRIT OF HABEAS CORPUS.—If the de- consent to the removal under paragraph pleading is not removable solely because the fendant or defendants are in actual custody (1).’’. amount in controversy does not exceed the on process issued by the State court, the dis- (5) Subsection (d) is amended by striking amount specified in section 1332(a), informa- trict court shall issue its writ of habeas cor- ‘‘(d) Any’’ and inserting ‘‘(d) ACTIONS tion relating to the amount in controversy pus, and the marshal shall thereupon take AGAINST FOREIGN STATES.—Any’’. in the record of the State proceeding, or in such defendant or defendants into the mar- (6) Subsection (e) is amended by striking responses to discovery, shall be treated as an shal’s custody and deliver a copy of the writ ‘‘(e)(1) Notwithstanding’’ and inserting ‘‘(e) ‘other paper’ under subsection (b)(3). to the clerk of such State court.’’. MULTIPARTY, MULTIFORUM JURISDICTION.—(1) ‘‘(B) If the notice of removal is filed more (d) CONFORMING AMENDMENTS.— Notwithstanding’’. than 1 year after commencement of the ac- (1) The table of sections for chapter 89 of (7) Subsection (f) is amended— tion and a finding is made that the plaintiff title 28, United States Code, is amended— (A) by striking ‘‘(f) The court’’ and insert- deliberately failed to disclose the actual (A) in the item relating to section 1441, by ing ‘‘(f) DERIVATIVE REMOVAL JURISDICTION.— amount in controversy to prevent removal, striking ‘‘Actions removable generally’’ and The court’’; and that finding shall be deemed bad faith under inserting ‘‘Removal of civil actions’’; (B) by striking ‘‘under this section’’ and paragraph (1).’’. (B) in the item relating to section 1446, by inserting ‘‘under this title or other applica- (4) Section 1446 is further amended— inserting ‘‘of civil actions’’ after ‘‘removal’’; ble law’’. (A) in subsection (d), by striking ‘‘(d) and (b) PROCEDURE FOR REMOVAL OF CIVIL AC- Promptly’’ and inserting ‘‘(d) NOTICE TO AD- (C) by adding at the end the following new TIONS.—Section 1446 of title 28, United States VERSE PARTIES AND STATE COURT.—Prompt- item: Code, is amended as follows: ly’’; ‘‘1454. Procedure for removal of criminal (1) The section heading is amended to read (B) by striking ‘‘thirty days’’ each place it prosecutions.’’. as follows: appears and inserting ‘‘30 days’’; (2) Section 1453(b) of title 28, United States ‘‘§ 1446. Procedure for removal of civil ac- (C) by striking subsection (e); and tions’’. Code, is amended by striking ‘‘1446(b)’’ and (D) in subsection (f), by striking ‘‘(f) With inserting ‘‘1446(c)(1)’’. (2) Subsection (a) is amended— respect’’ and inserting ‘‘(e) COUNTERCLAIM IN SEC. 104. EFFECTIVE DATE. (A) by striking ‘‘(a) A defendant’’ and in- 337 PROCEEDING.—With respect’’. (a) IN GENERAL.—Subject to subsection (b), serting ‘‘(a) GENERALLY.—A defendant’’; and (c) PROCEDURE FOR REMOVAL OF CRIMINAL the amendments made by this title shall (B) by striking ‘‘or criminal prosecution’’. ACTIONS.—Chapter 89 of title 28, United take effect upon the expiration of the 30-day (3) Subsection (b) is amended— States Code, is amended by adding at the end period beginning on the date of the enact- (A) by striking ‘‘(b) The notice’’ and insert- the following new section: ment of this Act, and shall apply to any ac- ing ‘‘(b) REQUIREMENTS; GENERALLY.—(1) The ‘‘§ 1454. Procedure for removal of criminal tion or prosecution commenced on or after notice’’; and prosecutions such effective date. (B) by striking the second paragraph and ‘‘(a) NOTICE OF REMOVAL.—A defendant or (b) TREATMENT OF CASES REMOVED TO FED- inserting the following: defendants desiring to remove any criminal ‘‘(2)(A) When a civil action is removed sole- ERAL COURT.—For purposes of subsection (a), ly under section 1441(a), all defendants who prosecution from a State court shall file in an action or prosecution commenced in have been properly joined and served must the district court of the United States for State court and removed to Federal court join in or consent to the removal of the ac- the district and division within which such shall be deemed to commence on the date the tion. prosecution is pending a notice of removal action or prosecution was commenced, with- ‘‘(B) Each defendant shall have 30 days signed pursuant to Rule 11 of the Federal in the meaning of State law, in State court. after receipt by or service on that defendant Rules of Civil Procedure and containing a TITLE II—VENUE AND TRANSFER of the initial pleading or summons described short and plain statement of the grounds for IMPROVEMENTS removal, together with a copy of all process, in paragraph (1) to file the notice of removal. SEC. 201. SCOPE AND DEFINITIONS. ‘‘(C) If defendants are served at different pleadings, and orders served upon such de- (a) IN GENERAL.—Chapter 87 of title 28, fendant or defendants in such action. times, and a later-served defendant files a United States Code, is amended by inserting ‘‘(b) REQUIREMENTS.—(1) A notice of re- notice of removal, any earlier-served defend- before section 1391 the following new section: ant may consent to the removal even though moval of a criminal prosecution shall be that earlier-served defendant did not pre- filed not later than 30 days after the arraign- ‘‘§ 1390. Scope viously initiate or consent to removal. ment in the State court, or at any time be- ‘‘(a) VENUE DEFINED.—As used in this chap- ‘‘(3) Except as provided in subsection (c), if fore trial, whichever is earlier, except that ter, the term ‘venue’ refers to the geographic the case stated by the initial pleading is not for good cause shown the United States dis- specification of the proper court or courts

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.189 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7163 for the litigation of a civil action that is an action is commenced, such corporation Mr. Speaker, H.R. 4113, the Federal within the subject-matter jurisdiction of the shall be deemed to reside in any district in Courts Jurisdiction and Venue Clari- district courts in general, and does not refer that State within which its contacts would fication Act of 2010, is intended to clar- to any grant or restriction of subject-matter be sufficient to subject it to personal juris- ify a number of uncertainties and tech- jurisdiction providing for a civil action to be diction if that district were a separate State, adjudicated only by the district court for a and, if there is no such district, the corpora- nical flaws in laws regarding Federal particular district or districts. tion shall be deemed to reside in the district court jurisdiction and venue that have ‘‘(b) EXCLUSION OF CERTAIN CASES.—Except within which it has the most significant con- come to light in recent years. Let me as otherwise provided by law, this chapter tacts.’’. just cite one example. shall not govern the venue of a civil action (2) In subsection (e)— Under current law, we have an odd in which the district court exercises the ju- (A) in the first paragraph— scenario where State law claims can be risdiction conferred by section 1333, except (i) by striking ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’ and brought in Federal court using a diver- that such civil actions may be transferred inserting ‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’, respec- sity of citizenship basis for Federal ju- between district courts as provided in this tively; and chapter. (ii) by striking ‘‘(e) A civil action’’ and in- risdiction even though both parties are ‘‘(c) CLARIFICATION REGARDING CASES RE- serting the following: residents of the same State; but be- MOVED FROM STATE COURTS.—This chapter ‘‘(e) ACTIONS WHERE DEFENDANT IS OFFICER cause one party is a permanent resi- shall not determine the district court to OR EMPLOYEE OF THE UNITED STATES.— dent, not a citizen, they can claim di- which a civil action pending in a State court ‘‘(1) IN GENERAL.—A civil action’’; and versity of citizenship. may be removed, but shall govern the trans- (B) in the second undesignated paragraph H.R. 4113 makes clear that perma- fer of an action so removed as between dis- by striking ‘‘The summons and complaint’’ nent legal residents are treated the tricts and divisions of the United States dis- and inserting the following: same as citizens for the purpose of di- trict courts.’’. ‘‘(2) SERVICE.—The summons and com- versity of citizenship. There are many (b) CONFORMING AMENDMENT.—The table of plaint’’. sections at the beginning of chapter 87 of (3) In subsection (f), by striking ‘‘(f) A civil other technical clarifications in the title 28, United States Code, is amended by action’’ and inserting ‘‘(f) CIVIL ACTIONS bill like that. inserting before the item relating to section AGAINST A FOREIGN STATE.—A civil action’’. I would like to thank our ranking 1391 the following new item: (4) In subsection (g), by striking ‘‘(g) A member of the full committee, Mr. ‘‘Sec. 1390. Scope.’’. civil action’’ and inserting ‘‘(g) MULTIPARTY, SMITH, for his leadership in bringing SEC. 202. VENUE GENERALLY. MULTIFORUM LITIGATION.—A civil action’’. this bill to the floor, and I urge my col- Section 1391 of title 28, United States Code, SEC. 203. REPEAL OF SECTION 1392. leagues to support the bill. is amended as follows: Section 1392 of title 28, United States Code, I reserve the balance of my time. (1) By striking subsections (a) through (d) and the item relating to that section in the Mr. SMITH of Texas. Mr. Speaker, I and inserting the following: table of sections at the beginning of chapter yield myself such time as I may con- 87 of such title, are repealed. ‘‘(a) APPLICABILITY OF SECTION.—Except as sume. otherwise provided by law— SEC. 204. CHANGE OF VENUE. ‘‘(1) this section shall govern the venue of Section 1404 of title 28, United States Code, The Federal Courts and Venue Clari- all civil actions brought in district courts of is amended— fication Act brings more clarity to the the United States; and (1) in subsection (a), by inserting before operation of jurisdictional statutes and ‘‘(2) the proper venue for a civil action the period at the end the following: ‘‘or to facilitates the identification of the ap- shall be determined without regard to any district or division to which all parties propriate State or Federal court in whether the action is local or transitory in have consented’’; and which action should be brought. nature. (2) in subsection (d), by striking ‘‘As used I support this legislation and appre- ‘‘(b) VENUE IN GENERAL.—A civil action in this section’’ and inserting ‘‘Transfers ciate the bipartisan effort that has may be brought in— from a district court of the United States to been made on the part of Mr. SCOTT, ‘‘(1) a judicial district in which any defend- the District Court of Guam, the District ant resides, if all defendants are residents of Court for the Northern Mariana Islands, or the gentleman from Virginia. the State in which the district is located; the District Court of the Virgin Islands shall Judges believe the current rules force them ‘‘(2) a judicial district in which a substan- not be permitted under this section. As oth- to waste time determining jurisdictional issues tial part of the events or omissions giving erwise used in this section,’’. at the expense of adjudicating the underlying rise to the claim occurred, or a substantial SEC. 205. EFFECTIVE DATE. litigation. The contents of this bill are based on part of property that is the subject of the ac- The amendments made by this title— recommendations developed and approved by tion is situated; or (1) shall take effect upon the expiration of the United States Judicial Conference. ‘‘(3) if there is no district in which an ac- the 30-day period beginning on the date of The first version of the bill was developed in tion may otherwise be brought as provided in the enactment of this Act; and 2006, when I chaired the Courts Sub- this section, any judicial district in which (2) shall apply to— any defendant is subject to the court’s per- (A) any action that is commenced in a committee. At the time, we confined our re- sonal jurisdiction with respect to such ac- United States district court on or after such view to jurisdictional issues. Following a hear- tion. effective date; and ing and bill introduction, the Courts Sub- ‘‘(c) RESIDENCY.—For all venue purposes— (B) any action that is removed from a committee favorably reported the legislation to ‘‘(1) a natural person, including an alien State court to a United States district court the full Judiciary Committee, but no further ac- lawfully admitted for permanent residence and that had been commenced, within the tion was taken. in the United States, shall be deemed to re- meaning of State law, on or after such effec- Since then, jurists, legal scholars, bar side in the judicial district in which that tive date. person is domiciled; groups, and policy-makers rekindled interest in ‘‘(2) a party with the capacity to sue and be The SPEAKER pro tempore. Pursu- resurrecting the project. This led to a rewriting sued in its common name under applicable ant to the rule, the gentleman from of the bill to include a second title pertaining law, whether or not incorporated, shall be Virginia (Mr. SCOTT) and the gen- to venue. deemed to reside, if a defendant, in any judi- tleman from Texas (Mr. SMITH) each Given the press of legislative business, the cial district in which such defendant is sub- will control 20 minutes. Judiciary Committee was unable to conduct a ject to the court’s personal jurisdiction with The Chair recognizes the gentleman hearing or markup of H.R. 4113. Instead, we respect to the civil action in question and, if from Virginia. processed, reviewed, and amended the bill in- a plaintiff, only in the judicial district in GENERAL LEAVE which it maintains its principal place of formally, working closely with the judiciary and business; and Mr. SCOTT of Virginia. Mr. Speaker, various stakeholders. ‘‘(3) a defendant not resident in the United I ask unanimous consent that all Mem- In this regard, I thank the Administrative Of- States may be sued in any judicial district, bers have 5 legislative days to revise fice of the U.S. Courts, which functioned as a and the joinder of such a defendant shall be and extend their remarks and include clearinghouse to vet the bill with the Judicial disregarded in determining where the action extraneous material on the bill under Conference’s Federal-State Jurisdiction Com- may be brought with respect to other defend- consideration. mittee, academics, and interested stake- ants. The SPEAKER pro tempore. Is there holders. ‘‘(d) RESIDENCY OF CORPORATIONS IN STATES objection to the request of the gen- The groups that assisted in this effort in- WITH MULTIPLE DISTRICTS.—For purposes of venue under this chapter, in a State which tleman from Virginia? clude the American Bar Association, Lawyers has more than one judicial district and in There was no objection. for Civil Justice, the Federal Bar Association, which a defendant that is a corporation is Mr. SCOTT of Virginia. I yield myself the American Association for Justice, and the subject to personal jurisdiction at the time such time as I may consume. U.S. Chamber of Commerce.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.189 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7164 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Legal scholars from the law schools at H.R. 5932 b 2050 Houston, Chicago-Kent, Loyola, and Duke en- Be it enacted by the Senate and House of Rep- Mr. SCOTT of Virginia. Mr. Speaker, dorse suggested changes to the original text resentatives of the United States of America in I yield myself such time as I may con- as developed by Professor Arthur Hellman of Congress assembled, sume. the University of Pittsburgh School of Law, SECTION 1. SHORT TITLE. Mr. Speaker, H.R. 5932 directs the At- who testified at the 2005 Subcommittee hear- This Act may be cited as the ‘‘Organized torney General to establish an Orga- ing and contributed substantially to the project Retail Theft Investigation and Prosecution nized Retail Theft Investigation and Act of 2010’’. in the 111th Congress. Prosecution Unit to combat the grow- The result is a thoroughly processed, well- SEC. 2. ORGANIZED RETAIL THEFT INVESTIGA- TION AND PROSECUTION UNIT. ing problem of organized retail crime. conceived bill that addresses important if mun- Theft from retail establishments has (a) ESTABLISHMENT.—Not later than 180 dane jurisdictional and venue issues. days after the date of enactment of this Act, been a problem as long as stores have It’s legislation that helps federal judges the Attorney General shall establish the Or- existed. The problem has gradually process their work more promptly and fairly ganized Retail Theft Investigation and Pros- grown beyond simple isolated cases of while clarifying what litigants should expect as ecution Unit (hereinafter in this Act referred shoplifting and burglary into some- they prepare their cases. to as the ‘‘ORTIP Unit’’). thing far more complex. H.R. 4113 contains a number of revisions to (b) COMPOSITION.—The ORTIP Unit shall It wasn’t until the 1980s that orga- federal jurisdictional and venue law. Among include representatives from the Federal Bu- nized retail theft was recognized as a the changes, the bill— reau of Investigation, United States Immi- phenomenon, and the problem has con- gration and Customs Enforcement, the clarifies the definition of ‘‘citizenship’’ for for- United States Secret Service, the United tinued to grow in volume, sophistica- eign corporations and domestic corporations States Postal Inspection Service, prosecu- tion and scope. Today, sophisticated, doing business abroad; tors, and any other personnel necessary to multilevel criminal organizations steal separates the removal provisions governing carry out the duties of the ORTIP Unit. large amounts of high volume prod- civil cases and those governing criminal cases (c) DUTIES.—The duties of the ORTIP Unit ucts, focusing on small and easily re- into two statutes; are as follows: salable items, and then they resell the promotes timeliness of removal by giving (1) To investigate and prosecute those in- goods through a variety means, includ- each defendant 30 days after service to file a stances of organized retail theft over which ing flea markets, smaller stores, and, the Department of Justice has jurisdiction. notice of removal; (2) To assist State and local law enforce- increasingly the Internet. Sales of sto- creates a general venue statute that unifies ment agencies in investigating and pros- len items over the Internet have the approach to venue in diversity and federal ecuting organized retail theft. evolved to the point where there has question cases, while maintaining current (3) To consult with key stakeholders, in- been a new crime phenomenon referred venue standards; cluding retailers and online marketplaces, to to as ‘‘E-fencing.’’ eliminates the outdated ‘‘local action’’ rule, obtain information about instances of and With organized retail theft reaching which unnecessarily restricts venue choices trends in organized retail theft. an estimated $30 billion to $42 billion, for certain real-property actions; and SEC. 3. DEFINITION. it impacts everyone from the Big Box stipulates that a natural person is deemed In this Act, the term ‘‘organized retail retailers to the small independent to reside in the judicial district in which that theft’’ means— stores. This type of crime obviously person is domiciled. (1) the obtaining of retail merchandise by has a direct impact on stores from illegal means for the purpose of reselling or Mr. Speaker, it’s taken us about 5 years to otherwise placing such merchandise back which the items are stolen. They have reach this point, but the wait was worth the into the stream of commerce; or fewer items in their inventory to sell journey. The ‘‘Federal Courts Jurisdiction and (2) aiding or abetting the commission of or and their profits suffer. To make up for Venue Clarification Act’’ illustrates how Con- conspiring to commit any of the acts de- it, they must pass along the burden to gress can work with the Judiciary and stake- scribed in paragraph (1). consumers in the form of higher prices. holders to pursue legislative initiatives that en- SEC. 4. REPORT. Consumer safety is also at risk when hance the practice of law and the operations Not later than 1 year after the date of en- retail crime organizations steal of our federal courts. actment of this Act, the Attorney General consumable products, especially over- This is a bill that ultimately benefits Amer- shall submit a report containing rec- the-counter drug items and infant for- ican citizens who use our legal system in de- ommendations on how retailers, online busi- mula, two popular items for organized nesses, and law enforcement agencies can theft rings. In many cases, after mer- fense of their legal rights and civil liberties. help prevent and combat organized retail I urge the Members to support H.R. 4113. theft to the Chairs and Ranking Members of chandise has been stolen, the products I yield back the balance of my time. the Committee on the Judiciary of the House are not stored properly, which can Mr. SCOTT of Virginia. Mr. Speaker, of Representatives and of the Committee on render the products ineffective or even I yield back the balance of my time. the Judiciary of the Senate. The Attorney dangerous. The SPEAKER pro tempore. The General shall make the report available to Retailers spend lots of time and re- question is on the motion offered by the public on the web site of the Department sources trying to prevent such thefts the gentleman from Virginia (Mr. of Justice. and trying to catch the thieves, but it SCOTT) that the House suspend the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. is becoming increasingly difficult to do rules and pass the bill, H.R. 4113, as There are authorized to be appropriated to so. Last year, the Judiciary Committee amended. the Attorney General to carry out this Act, Subcommittee on Crime held a hearing $5,000,000 for each of fiscal years 2011 through about the role of the Federal law en- The question was taken; and (two- 2015. thirds being in the affirmative) the forcement in combating this kind of rules were suspended and the bill, as The SPEAKER pro tempore. Pursu- crime. I was encouraged to see that amended, was passed. ant to the rule, the gentleman from agencies such as the FBI; Immigration A motion to reconsider was laid on Virginia (Mr. SCOTT) and the gen- and Customs Enforcement, ICE; the Se- the table. tleman from Texas (Mr. SMITH) each cret Service; and postal inspectors all will control 20 minutes. f play a role in investigating organized The Chair recognizes the gentleman retail theft. ORGANIZED RETAIL THEFT INVES- from Virginia. Through this hearing we learned that TIGATION AND PROSECUTION GENERAL LEAVE there is a definite need for Federal law ACT OF 2010 Mr. SCOTT of Virginia. Mr. Speaker, enforcement agencies in this area be- Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all Mem- cause local enforcement agencies face I move to suspend the rules and pass bers have 5 legislative days to revise unique challenges in combating orga- the bill (H.R. 5932) to establish the Or- and extend their remarks and include nized retail theft. In particular, orga- ganized Retail Theft Investigation and extraneous material on the legislation nized retail theft rings often operate in Prosecution Unit in the Department of under consideration. multiple jurisdictions, making it im- Justice, and for other purposes, as The SPEAKER pro tempore. Is there possible for any one State or local law amended. objection to the request of the gen- enforcement agency to investigate The Clerk read the title of the bill. tleman from Virginia? them and prosecute them effectively. The text of the bill is as follows: There was no objection. In addition, the Internet has made it

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.183 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7165 easier for such sellers to access a na- sumer safety. They are continually upgrad- ENTERTAINMENT tional, even international market, for ing and adapting these programs to limit re- MERCHANTS ASSOCIATION, buyers of stolen goods. Finally, the tail crime. Nevertheless, this criminal activ- Encino, CA, September 22, 2010. proceeds of these crimes are often ity continues to grow despite our best ef- Re: Organized Retail Theft Investigation and Prosecution Act of 2010 (H.R. 5932). laundered with tremendous sophistica- forts. Hon. ROBERT C. SCOTT, tion. We thank you for your consideration of Chairman, Subcommittee on Crime, Terrorism, Because of these challenges and the H.R. 5932 and urge its passage. We look for- and Homeland Security, Committee on the threat this type of crime poses to our ward to seeing this legislation become law Judiciary, House of Representatives, Wash- businesses, I believe we must have a and working with you in the future to con- ington, DC. better coordinated and much more con- tinue to work on this crime epidemic. DEAR MR. CHAIRMAN: I am writing on be- centrated Federal effort. H.R. 5932 ac- Sincerely, half of the Entertainment Merchants Asso- cordingly directs the Attorney General JOHN G. EMLING, ciation (EMA) and the approximately 40,000 Senior Vice President, retail locations operated by our members to establish an Organized Retail Theft Government Affairs, Investigation and Prosecution Unit throughout the United States to express sup- Retail Industry port for the Organized Retail Theft Inves- comprised of Federal prosecutors and Leaders Association. tigation and Prosecution Act of 2010 (H.R. investigators from the FBI, ICE, the 5932). We commend you for introducing this Secret Service, and the Postal Inspec- FOOD MARKETING INSTITUTE, important measure. tion Service. This unit will investigate Arlington, VA, September 20, 2010. Unfortunately, the relatively small size and prosecute instances of organized Hon. BOBBY SCOTT, and high desirability of DVDs and video retail theft under Federal jurisdiction House of Representatives, games make them popular targets for orga- as well as assist State and local law en- Washington, DC. nized retail crime perpetrators. Based on the forcement agencies in their efforts ‘‘shrink’’ experience of our members, EMA DEAR REPRESENTATIVE SCOTT: The Food estimates the loss to retailers in 2008 from against these crimes. Marketing Institute (FMI), on behalf of the DVD shrink (both internal and external I want to thank the retail and online nation’s grocery industry, wishes to express sources) to be $449 million and from video community for their support of this the industry’s strong support for a bill (H.R. game shrink to be $197 million. (Not all of bill, and I commend their efforts to 5932) entitled the ‘‘Organized Retail Crime these losses are attributable to organized re- find ways to work together on this ef- Theft Investigation and Prosecution Act of tail crime, of course.) The losses are even fort. We have also received letters in 2010.’’ This bi-partisan initiative, sponsored more harmful in light of the 13% decline in support of the bill from a number of by Representatives Bobby Scott (D–VA), DVD sales and 11% decline in video game major business groups, including the John Conyers (D–MI), Lamar Smith (R–TX) software sales in 2009. The growth of orga- nized retail crime undoubtedly contributes Coalition Against Retail Crime, the and Bob Goodlatte (R–VA), will likely be scheduled for consideration and a vote on the to these declines in sales. Food Marketing Institute, the National EMA believes that federal organized retail floor of the House on Thursday, September Association of Chain Drugstores, the crime legislation can help stem the shrink of 23, 2010. Entertainment Merchants Association, DVD and video games. Specifically, EMA ad- the Retail Industry Leaders Associa- If enacted into law, H.R. 5932 will establish vocates, in part, that federal law should spe- tion, and the National Retail Federa- a special unit within the U.S. Department of cifically criminalize organized retail crime, tion. EBay has also expressed support Justice (DOJ) to investigate and prosecute prevent criminal gangs from using online for the bill. instances of organized retail theft (ORT) marketplaces as fencing bazaars, crack down over which DOJ has jurisdiction as well as on counterfeit devices that are used to facili- I am pleased this bill has strong bi- tate organized retail crime, and provide ad- partisan support, and I would like to provide assistance to State and local law en- forcement agencies in their efforts against ditional resources to investigate and pros- thank the committee chairman, the ecute organized retail crime. (We believe this what is clearly a very serious criminal prob- gentleman from Michigan, Mr. CON- can and should be done without either un- lem in our country. YERS, the ranking member, the gen- duly impairing the ability of video and video tleman from Texas, Mr. SMITH, and my The grocery industry is routinely victim- game retailers to participate in the used colleague from Virginia, Mr. GOOD- ized by sophisticated theft rings that are re- DVD and video game market or undermining the First Sale provision of the Copyright Act LATTE, for cosponsoring this important sponsible for stealing millions of dollars (permitting the resale, rental, or other alien- legislation and for their consistent worth of merchandise from our members’ stores annually. FMI firmly believes a more ation of a lawfully made copy of a copy- commitment to this issue. I urge my righted work without authorization from the colleagues to support H.R. 5932. formal federal response as called for in H.R. 5932 is needed because ORT translates into as copyright holder), which promotes vigorous retail competition and the wide dissemina- COALITION AGAINST much as $30 billion in losses each year to the ORGANIZED RETAIL CRIME tion of popular works.) retail community nationwide. Not only do Hon. ROBERT SCOTT, H.R. 5932 would establish an Organized Re- House Judiciary Committee, House of Represent- consumers pay higher prices as retailers at- tail Theft Investigation and Prosecution atives, Washington, DC. tempt to recover losses resulting from ORT, Unit (ORTIP Unit) in the Department of Jus- DEAR CONGRESSMAN SCOTT: On behalf of the but state revenues are also adversely im- tice that would be staffed with investigators, Coalition Against Organized Retail Crime pacted by approximately $1.6 billion in lost prosecutors and others. The ORTIP Unit (CAORC) and our membership, we urge you sales tax revenue attributable to ORT activ- would be responsible for investigating and to support and pass H.R. 5932 the ‘‘Organized ity. prosecuting instances of organized retail Retail Theft Investigation and Prosecution Most disturbing is the fact that our cus- theft, over which the Department of Justice Act of 2010.’’ This bipartisan legislation, in- has jurisdiction, assisting State and local tomers are often placed at great risk when troduced by Representatives Conyers, Smith, law enforcement agencies in investigating these criminal enterprises steal certain FDA Scott and Goodlatte, is an important first and prosecuting organized retail theft. and step in addressing this serious issue. regulated products, such as infant formula, consulting with and advising victims of orga- The CAORC, formed in 2001, is comprised of over-the-counter medications and diabetic nized retail theft. The bill would define ‘‘or- major retailers, grocers, product manufac- supplies, and then resell them in flea mar- ganized retail theft’’ as obtaining retail mer- turers and trade associations committed to kets, pawn shops, swap meets, questionable chandise by illegal means for the purpose of bringing attention to the harmful effects and store front operations and more frequently reselling or otherwise placing such merchan- public safety risks associated with organized in recent years via internet auction sites. dise back into the stream of commerce, aid- retail crime. As you know, sophisticated and ORT rings have been known to tamper with ing or abetting the commission of such acts, methodical organized retail crime rings op- the contents of the product and to change la- or conspiring to commit such acts. H.R. 5932 erate across state and local jurisdictions. bels and expiration dates thereby endan- would also require the Attorney General to These crime rings often use organized retail gering the health and safety of unknowing submit a report containing recommenda- crime to fund other violent activities and consumers, especially infants and the elder- tions on how retailers, online businesses, and utilize traditional money laundering tech- law enforcement agencies can help prevent ly. niques to conceal their profits. It is time the and combat organized retail theft. Finally, it Department of Justice have the resources it In closing, FMI endorses H.R. 5932 and we authorizes $5 million per year for fiscal years needs to effectively investigate and pros- urge you to vote in favor of this very impor- 2011 through 2015 to fund the ORTIP Unit. ecute these criminals. tant initiative. EMA believes that the Organized Retail Retailers spend millions of dollars on ro- Sincerely, Theft Investigation and Prosecution Act of bust a security and loss prevention effort, LESLIE G. SARASIN, 2010 will enhance the federal government’s that protects their goods and ensures con- President and Chief Executive Officer. focus and provide beneficial coordination

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among all levels of government on organized NACDS has long advocated for federal leg- NATIONAL RETAIL FEDERATION, retail crime. We, therefore, urge its adop- islation that treats theft committed by orga- Washington, DC, September 22, 2010. tion. nized, professional crime rings as a federal Re: Support the ‘‘Organized Retail Theft In- About Entertainment Merchants Associa- felony—especially since much of the stolen vestigation and Prosecution Act of 2010’’ tion product is transported across state lines. (H.R. 5932). The Entertainment Merchants Association Therefore, as Congress continues to examine Hon. NANCY PELOSI, (EMA) is the not-for-profit international this issue, we would strongly urge you to Speaker of the House, House of Representatives, trade association dedicated to advancing the consider enacting legislation, such as H.R. The Capitol, Washington, DC. interests of the $34 billion home entertain- 1173, the Organized Retail Crime Act of 2009, DEAR SPEAKER PELOSI: On behalf of the Na- ment industry. EMA-member companies op- which would give federal law enforcement of- tional Retail Federation (NRF), I am writing erate approximately 35,000 retail outlets in ficials the authority to pursue and prosecute to you today to urge your support for the the U.S. and 45,000 around the world that sell individuals who engage in such criminal ac- ‘‘Organized Retail Theft Investigation and and/or rent DVDs, computer and console tivities, and H.R. 1166, the E-fencing Enforce- Prosecution Act of 2010’’ (H.R. 5932) when it video games, and digitally distributed ment Act of 2009, which would combat the comes up for a vote on the suspension cal- versions of these products. Membership com- growing problem of the use of online market- endar this week. We believe this bill is one of prises the full spectrum of retailers (from places by criminals to redistribute stolen the keys to protecting both retailers and single-store specialists to multi-line mass merchandise, including those obtained consumers against the massive economic merchants, and both brick and mortar and through organized retail crime. costs and very real public health and safety online stores), distributors, the home video We commend you again for introducing risks posed by organized retail crime. Estab- divisions of major and independent motion and advancing strong bipartisan legislation lishing a team of law enforcement profes- picture studios, video game publishers, and that will assist retailers and law enforce- sionals dedicated to fighting these crimes other related businesses that constitute and ment combat the serious problem of orga- and working in close consultation with re- support the home entertainment industry. nized retail crime, and we look forward to tailers shows the importance of this issue to EMA was established in April 2006 through working with you to enact this important industry, consumers and law enforcement, the merger of the Video Software Dealers As- legislation. and serves as an important deterrent to per- sociation (VSDA) and the Interactive Enter- Sincerely, petrators. tainment Merchants Association (IEMA). STEVEN C. ANDERSON, Retailers lose between $15 and $30 billion If you have any questions or need further President and Chief Executive Officer. to organized retail crime (ORC) each year, information, you may contact me. Thank you for the opportunity to express according to the FBI and retail loss preven- RETAIL INDUSTRY our support for this much-needed bill. tion experts. In addition, 89 percent of retail- LEADERS ASSOCIATION, Sincerely, ers reported that they were victims of orga- Arlington, VA. SEAN DEVLIN BERSELL, nized retail crime in the past year, according House of Representatives, Vice President, Public Affairs. to an annual NRF survey released earlier Washington, DC. this year. DEAR CONGRESSMAN SCOTT: On behalf of the NATIONAL ASSOCIATION ORC rings typically target everyday con- Coalition Against Organized Retail Crime OF CHAIN DRUG STORES, sumer products that are in high demand and Alexandria, VA, September 21, 2010. (CAORC) and our membership, we would urge easy to steal, such as infant formula, razor you to vote in favor of H.R. 5932 the ‘‘Orga- Hon. BOBBY SCOTT, blades, batteries, analgesics, cosmetics and House of Representatives, Longworth House Of- nized Retail Theft Investigation and Pros- gift cards. More expensive products such as fice Building, Washington, DC. ecution Act of 2010’’ when it comes before DVDs, CDs, video games, designer clothing the full body later this week. Hon. LAMAR SMITH, and electronics are also highly prized. Once House of Representatives, Rayburn House Office RILA is a trade association of the largest stolen, the goods are resold at pawn shops, Building, Washington, DC. and most successful companies in the retail flea markets, swap meets and on the Inter- DEAR REPRESENTATIVES SCOTT AND SMITH: industry. Its member companies include net. These thefts force retailers to increase The National Association of Chain Drug more than 200 retailers, product manufactur- prices to cover the losses, and also threaten Stores (NACDS) is writing to thank you for ers, and service suppliers, which together ac- public health when crime rings tamper with your extraordinary leadership in the fight count for more than $1.5 trillion in annual items such as infant formula or medication against organized retail crime (ORC) by in- sales. RILA members operate more than by extending expiration dates or repackaging troducing and advancing H.R. 5932, the Orga- 100,000 stores, manufacturing facilities and and relabeling the items. nized Retail Theft Investigation and Pros- distribution centers, have facilities in all 50 This bill will be an important tool in the ecution Act of 2010. This bipartisan legisla- states, and provide millions of jobs domesti- fight against ORC. It would accomplish this tion is a strong first step to stem the grow- cally and worldwide. through several key steps. First, it would ing problem of organized retail crime by cre- This bipartisan legislation, introduced by create an Organized Retail Theft Investiga- ating a specific task force within the U.S. Representatives Conyers, Smith, Scott and tion and Prosecution Unit (ORTIP Unit) in Department of Justice to investigate and Goodlatte, would create a unit inside the De- the Department of Justice staffed with in- prosecute instances involving ORC. partment of Justice dedicated to inves- vestigators, prosecutors and other personnel NACDS represents traditional drug stores, tigating and prosecuting organized retail charged with investigating and prosecuting supermarkets, and mass merchants with crime (ORC) and assisting state and local instances of ORC over which the Department pharmacies. Its more than 170 chain member law enforcement and prosecuting agencies. of Justice has jurisdiction. Second, it would companies include regional chains with a As the U.S Immigration and Customs En- define ‘‘organized retail theft’’ as obtaining minimum of four stores to national compa- forcement has indicated, ‘‘ORC rings are retail merchandise by illegal means for the nies. NACDS members also include more very sophisticated, compartmentalized and purpose of reselling or otherwise placing than 1,000 suppliers of pharmacy and front- operate similar to criminal organizations in- such merchandise back into the stream of end products, and nearly 90 international volved in drug trafficking or human smug- commerce, aiding or abetting the commis- members representing 29 countries. Chains gling. Furthermore, transnational criminal sion of such acts, or conspiring to commit operate more than 39,000 pharmacies, and syndicates such as Eastern European street such acts. Third, it requires the Attorney employ a total of more than 2.5 million em- gangs and organized crime elements have be- General to submit a report containing rec- ployees, including 118,000 pharmacists. They come increasingly involved, and utilize tra- ommendations on how retailers, online busi- fill more than 2.5 billion prescriptions year- ditional money laundering techniques to nesses and law enforcement agencies can ly, and have annual sales of over $750 billion. conceal their profits.’’ Furthermore, esti- help prevent and combat organized retail For more information about NACDS, visit mates conclude this crime costs retailers crime. Finally, it authorizes $5 million per www.NACDS.org. tens of billions of dollars per year and de- year for fiscal years 2011 through 2015 to fund As you know, organized retail crime is re- prives states of hundreds of millions of dol- the ORTIP Unit. sponsible for over $30 billion in losses annu- lars in lost sales tax revenue. As the world’s largest retail trade associa- ally, resulting in increased costs for mer- Retailers spend millions of dollars on ro- tion and the voice of retail worldwide, NRF’s chants, higher prices for consumers, and lost bust a security and loss prevention effort, global membership includes retailers of all tax revenue for state and local governments. that protects their goods and ensures con- sizes, formats and channels of distribution as In addition to increased costs faced by retail- sumer safety. They are continually upgrad- well as chain restaurants and industry part- ers to cover losses and investment in addi- ing and adapting these programs to limit re- ners from the United States and more than tional security measures, consumers are tail crime. Nevertheless, this criminal activ- 45 countries abroad. In the United States, placed at risk when package tampering oc- ity continues to grow despite their best ef- NRF represents the breadth and diversity of curs on consumer health care products, such forts. an industry with more than 1.6 million as infant formula and OTC medications. Once again, we ask you to support H.R. American companies that employ nearly 25 These stolen products are repackaged and re- 5932. million workers and generated 2009 sales of labeled to falsely extend a product’s expira- Sincerely, $2.3 trillion. tion date or to hide the fact that the item JOHN G. EMLING, We thank Representatives Bobby Scott (D– has been stolen. Senior Vice President, Government Affairs. VA), John Conyers (D–MI), Lamar Smith (R–

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.197 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7167 TX) and Bob Goodlatte (R–VA) for their lead- cated to organized retail theft inves- lowing me to catch my breath in order ership on this important issue. We urge all tigation. The bill requires the Attorney to be able to give these remarks. members of Congress to support their efforts General to establish an Organized Re- Organized retail theft is a huge and and vote in favor of H.R. 5932. growing problem in the United States. Sincerely, tail Theft Investigation and Prosecu- STEVE PFISTER, tion Unit within the Department of According to FBI estimates, organized Senior Vice President, Justice. This unit will include rep- retail theft rings cost businesses more Government Relations. resentatives from the FBI, ICE, the than $30 billion in losses annually. Or- I reserve the balance of my time. U.S. Secret Service and postal inspec- ganized retail theft groups target any- Mr. SMITH of Texas. Mr. Speaker, I tors, as well as prosecutors. thing from everyday household com- yield myself such time as I may con- The unit will investigate and pros- modities to health products to baby sume. ecute large-scale organized retail formula that can be easily sold through Mr. Speaker, H.R. 5932, the Organized thefts and provide assistance to State flea markets, swap meets, shady store- Retail Theft Investigation and Pros- and local law enforcement agencies. front operations, and through online ecution Act of 2010, is an important The unit will also work in consultation marketplaces. step in combating a crime that costs with retailers and online marketplaces Thieves often travel from retail store retailers and taxpayers billions of dol- to gather information about and iden- to retail store, stealing relatively lars every year. I am pleased to join tify trends in organized retail thefts. small amounts of goods from each my Judiciary Committee colleagues H.R. 5932 instructs the Attorney Gen- store but cumulatively stealing signifi- Chairman CONYERS, Chairman SCOTT, eral to prepare a report to Congress on cant amounts of goods. Once stolen, and Congressman GOODLATTE as an how retailers and law enforcement these products are sold back to fencing original sponsor of this legislation. agencies can best combat OCR. The bill operations, which can dilute, alter, re- Organized retail theft involves the authorizes $5 million a year over 5 package the goods, and then resell theft of large quantities of merchan- years to operate the unit. them, sometimes back to the same dise from retail stores. Unlike This legislation is supported by the stores from which the products were shoplifters, these thieves steal the mer- National Retail Federation, the Retail originally stolen. These goods are also chandise with the intention of selling Industry Leaders Association, the Coa- sold at flea markets, pawn shops and it back into the marketplace. lition Against Organized Retail Crime, increasingly on the Internet. In the past, the majority of these sto- the Food Marketing Institute, the Na- When a product does not travel len goods were resold at swap meets, tional Association of Chain Drugstores, through the authorized channels of dis- flea markets, or pawn shops. Today, eBay, and the Entertainment Mer- tribution, there is an increased poten- the most popular venue for selling sto- chants Association. tial that the product has been altered, len goods is the Internet. Web sites I would like to thank my colleagues diluted, reproduced, and/or repackaged. such as eBay, Craigslist, and Amazon again, Chairman CONYERS These so-called ‘‘diverted products’’ are being exploited by organized retail , Chairman SCOTT, and Congressman GOODLATTE pose significant health risks to the thieves to sell their stolen goods with public, especially the diverted medica- relative ease and anonymity. This dy- for their dedication to this issue and for working together to draft this bi- tions and food products. Diverted prod- namic makes it increasingly more dif- ucts also cause considerable financial ficult for retailers and law enforcement partisan legislation. I urge my col- losses for legitimate manufacturers agents to identify and apprehend these leagues to support this bill. and retailers. Ultimately, the con- thieves. Mr. Speaker, I hope the individual I According to FBI estimates, orga- just mentioned, the gentleman from sumers bear the brunt of these losses nized retail theft rings cost businesses Virginia, Mr. GOODLATTE, is on his way as retail establishments are forced to more than $30 billion in losses annu- to the floor, and I hope he will be able raise prices to cover the additional ally. A recent survey conducted by the to speak on this bill shortly. So I re- costs of security and theft prevention National Retail Federation found that serve the balance of my time. measures. Even more troubling is where the nearly 90 percent of the retailers sur- Mr. SCOTT of Virginia. Mr. Speaker, money is going. We have seen evidence veyed have been victimized by orga- I have no further requests for time, and nized retail theft, an 11 percent in- I reserve the balance of my time. that organized retail theft is increas- crease from 2007. The survey also found Mr. SMITH of Texas. Mr. Speaker, I ingly being used to fund international that roughly 6 out of 10 retailers have appreciate the indulgence of the gen- organized crime and other nefarious ac- seen an increase in organized retail tleman from Virginia (Mr. SCOTT), but tivities. At the State level, organized theft in just the last 12 months. since our expected speaker is not yet retail theft crimes are normally pros- In 2003, the FBI established an Orga- on the floor and I am not entirely cer- ecuted under State shoplifting statutes nized Retail Crime Initiative to iden- tain of the time of his arrival, although as mere misdemeanors. As a result, the tify and dismantle large multijuris- I am stalling slightly, I will yield back thieves who participate in organized dictional organized retail crime rings. the balance of my time. retail crime rings typically receive the This initiative included the formation Mr. SCOTT of Virginia. As has been same punishment as common of a National Retail Federation FBI in- said, Mr. Speaker, I have no further re- shoplifters. The thieves who are con- telligence network. The network is in- quests for time. I would like to thank victed usually see very limited jail tended to establish an effective means the gentleman from Texas for his time or are placed on probation. of sharing organized retail crime infor- strong support. I believe that the punishment does mation and intelligence to discuss Mr. Speaker, I yield such time as he not fit the crime in these situations. trends as they relate to specific sectors may consume to my colleague, the gen- Mere slaps on the wrists of these crimi- and regions of the retail market, and tleman from Virginia (Mr. GOODLATTE). nals have practically no deterrent ef- fect. In addition, the low-level crimi- to identify and target the more sophis- b 2100 ticated criminal enterprises. nals who are actually stealing these Earlier this year, the National Retail Mr. GOODLATTE. Mr. Speaker, I rise goods from the shelves are easily re- Federation partnered with eBay to de- in support of H.R. 5932, the Organized placed by the criminal organization’s velop greater information sharing be- Retail Theft Investigation and Pros- higher level coordinators. tween eBay and participating retailers. ecution Act of 2010. This legislation is During my 8 years of working on This partnership is a significant step an important step in combating a ways to combat organized retail theft, forward in the fight against organized growing threat to retailers and con- I found that the Federal law enforce- retail theft. Bringing these two indus- sumers. ment community believed it had ade- tries together will hopefully increase I am pleased to join my Judiciary quate Federal laws to prosecute orga- the likelihood of linking thefts from Committee colleagues Chairman CON- nized retail theft crimes, but that poor retail stores to goods offered for sale YERS, Ranking Member SMITH and communication, lack of coordination on eBay’s Web site. Chairman SCOTT as an original sponsor among State and local law enforce- H.R. 5932 builds upon these efforts by of this legislation, and I thank the gen- ment and lack of resources were major increasing the Federal resources dedi- tleman for true bipartisanship in al- impediments to effective enforcement.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.200 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7168 CONGRESSIONAL RECORD — HOUSE September 28, 2010 In order to improve the communica- the gentleman from Virginia (Mr. (b) EXCEPTION.—The limitation on liability tions and intelligence-sharing between SCOTT) that the House suspend the under subsection (a) shall not apply to any industry and law enforcement, I offered rules and pass the bill, H.R. 5932, as person who relies on third party applica- an amendment to the Department of tions, services, software, hardware, or equip- amended. ment to comply with the requirements of Justice’s reauthorization bill back in The question was taken; and (two- this Act (or of the provisions of the Commu- 2005, which created a Federal definition thirds being in the affirmative) the nications Act of 1934 that are amended or of organized retail theft crimes and di- rules were suspended and the bill, as added by this Act) with respect to video pro- rected the FBI to contribute to the amended, was passed. gramming, online content, applications, construction of a national database A motion to reconsider was laid on services, advanced communications services, housed in the private sector where re- the table. or equipment used to provide or access ad- vanced communications services. tail establishments, as well as Federal, f State and local law enforcement, could SEC. 3. PROPRIETARY TECHNOLOGY. compile evidence on specific organized TWENTY-FIRST CENTURY COMMU- No action taken by the Federal Commu- nications Commission to implement this Act retail theft crimes to aid investiga- NICATIONS AND VIDEO ACCESSI- BILITY ACT OF 2010 or any amendment made by this Act shall tions and prosecutions. This database, mandate the use or incorporation of propri- which has now become the current Mr. MARKEY of Massachusetts. Mr. etary technology. LERPnet, has helped to put the pieces Speaker, I move to suspend the rules TITLE I—COMMUNICATIONS ACCESS together to show the organized and and pass the bill (S. 3304) to increase SEC. 101. DEFINITIONS. multi-state nature of these crimes as the access of persons with disabilities Section 3 of the Communications Act of well as to provide important evidence to modern communications, and for 1934 (47 U.S.C. 153) is amended— for prosecutions. other purposes. (1) by adding at the end the following new I am also pleased to report that the The Clerk read the title of the bill. paragraphs: private sector is working together to The text of the bill is as follows: ‘‘(53) ADVANCED COMMUNICATIONS SERV- ICES.—The term ‘advanced communications address this problem. Earlier this year, S. 3304 services’ means— the National Retail Federation Be it enacted by the Senate and House of Rep- partnered with eBay to develop greater ‘‘(A) interconnected VoIP service; resentatives of the United States of America in ‘‘(B) non-interconnected VoIP service; information sharing between eBay and Congress assembled, ‘‘(C) electronic messaging service; and participating retailers. This partner- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(D) interoperable video conferencing serv- ship will hopefully increase the likeli- (a) SHORT TITLE.—This Act may be cited as ice. hood that more organized retail theft the ‘‘Twenty-First Century Communications ‘‘(54) CONSUMER GENERATED MEDIA.—The will be detected and prosecuted. H.R. and Video Accessibility Act of 2010’’. term ‘consumer generated media’ means con- 5932 will build upon the successes of (b) TABLE OF CONTENTS.— tent created and made available by con- these efforts to provide additional re- Sec. 1. Short title; table of contents. sumers to online websites and services on sources to the FBI to investigate orga- Sec. 2. Limitation on liability. the Internet, including video, audio, and nized retail theft. Sec. 3. Proprietary technology. multimedia content. TITLE I—COMMUNICATIONS ACCESS ‘‘(55) DISABILITY.—The term ‘disability’ has The bill funds and requires the Attor- the meaning given such term under section 3 Sec. 101. Definitions. ney General to establish an organized of the Americans with Disabilities Act of Sec. 102. Hearing aid compatibility. retail theft investigation and prosecu- 1990 (42 U.S.C. 12102). Sec. 103. Relay services. tion unit within the Department of ‘‘(56) ELECTRONIC MESSAGING SERVICE.—The Sec. 104. Access to advanced communica- Justice. This unit will include rep- term ‘electronic messaging service’ means a tions services and equipment. service that provides real-time or near real- resentatives from the FBI, ICE, U.S. Sec. 105. Universal service. Secret Service, and postal inspectors, Sec. 106. Emergency Access Advisory Com- time non-voice messages in text form be- as well as prosecutors. The unit will in- mittee. tween individuals over communications net- vestigate and prosecute large-scale or- works. TITLE II—VIDEO PROGRAMMING ‘‘(57) INTERCONNECTED VOIP SERVICE.—The ganized retail thefts and will provide Sec. 201. Video Programming and Emer- term ‘interconnected VoIP service’ has the assistance to State and local law en- gency Access Advisory Com- meaning given such term under section 9.3 of forcement agencies. The unit will also mittee. title 47, Code of Federal Regulations, as such work in consultation with retailers and Sec. 202. Video description and closed cap- section may be amended from time to time. online marketplaces to gather informa- tioning. ‘‘(58) NON-INTERCONNECTED VOIP SERVICE.— tion about and identify trends in orga- Sec. 203. Closed captioning decoder and The term ‘non-interconnected VoIP serv- nized retail thefts. video description capability. ice’— In addition, H.R. 5932 instructs the Sec. 204. User interfaces on digital appa- ‘‘(A) means a service that— ratus. ‘‘(i) enables real-time voice communica- Attorney General to prepare a report Sec. 205. Access to video programming to Congress on how retailers and law tions that originate from or terminate to the guides and menus provided on user’s location using Internet protocol or enforcement agencies can best combat navigation devices. any successor protocol; and organized retail theft. This legislation Sec. 206. Definitions. ‘‘(ii) requires Internet protocol compatible is supported by the National Retail SEC. 2. LIMITATION ON LIABILITY. customer premises equipment; and Federation, the Retail Industry Lead- (a) IN GENERAL.—Except as provided in ‘‘(B) does not include any service that is an ers Association, the Coalition Against subsection (b), no person shall be liable for a interconnected VoIP service. Organized Retail Crime, the Food Mar- violation of the requirements of this Act (or ‘‘(59) INTEROPERABLE VIDEO CONFERENCING keting Institute, the National Associa- of the provisions of the Communications Act SERVICE.—The term ‘interoperable video con- tion of Chain Drug Stores, eBay, and of 1934 that are amended or added by this ferencing service’ means a service that pro- Act) with respect to video programming, on- the Entertainment Merchants Associa- vides real-time video communications, in- line content, applications, services, advanced cluding audio, to enable users to share infor- tion. communications services, or equipment used mation of the user’s choosing.’’; and Again, I wish to thank my colleagues to provide or access advanced communica- (2) by reordering paragraphs (1) through Chairman CONYERS, Ranking Member tions services to the extent such person— (52) and the paragraphs added by paragraph SMITH and Chairman SCOTT for their (1) transmits, routes, or stores in inter- (1) of this section in alphabetical order based dedication to this issue and for work- mediate or transient storage the commu- on the headings of such paragraphs and re- ing with me to draft this bipartisan nications made available through the provi- numbering such paragraphs as so reordered. legislation. I urge my colleagues to sion of advanced communications services by SEC. 102. HEARING AID COMPATIBILITY. support the bill. a third party; or (a) COMPATIBILITY REQUIREMENTS.— Mr. SMITH of Texas. Mr. Speaker, I (2) provides an information location tool, (1) TELEPHONE SERVICE FOR THE DISABLED.— yield back the balance of my time. such as a directory, index, reference, pointer, Section 710(b)(1) of the Communications Act Mr. SCOTT of Virginia. Mr. Speaker, menu, guide, user interface, or hypertext of 1934 (47 U.S.C. 610(b)(1)) is amended to read link, through which an end user obtains ac- as follows: I would urge my colleagues to support cess to such video programming, online con- ‘‘(b)(1) Except as provided in paragraphs (2) H.R. 5932, and I yield back the balance tent, applications, services, advanced com- and (3) and subsection (c), the Commission of my time. munications services, or equipment used to shall require that customer premises equip- The SPEAKER pro tempore. The provide or access advanced communications ment described in this paragraph provide in- question is on the motion offered by services. ternal means for effective use with hearing

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.263 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7169 aids that are designed to be compatible with or approving such technical standards. The and usable by individuals with disabilities, telephones which meet established technical Commission may delegate this authority to unless the requirements of this subsection standards for hearing aid compatibility. Cus- an employee pursuant to section 5(c). The are not achievable. tomer premises equipment described in this Commission shall remain the final arbiter as ‘‘(2) INDUSTRY FLEXIBILITY.—A manufac- paragraph are the following: to whether the standards meet the require- turer of equipment may satisfy the require- ‘‘(A) All essential telephones. ments of this section.’’. ments of paragraph (1) with respect to such ‘‘(B) All telephones manufactured in the (c) RULEMAKING.—Section 710(e) of the equipment by— United States (other than for export) more Communications Act of 1934 (47 U.S.C. 610(e)) ‘‘(A) ensuring that the equipment that than one year after the date of enactment of is amended— such manufacturer offers is accessible to and the Hearing Aid Compatibility Act of 1988 or (1) by striking ‘‘impairments’’ and insert- usable by individuals with disabilities with- imported for use in the United States more ing ‘‘loss’’; and out the use of third party applications, pe- than one year after such date. (2) by adding at the end the following sen- ripheral devices, software, hardware, or cus- ‘‘(C) All customer premises equipment used tence: ‘‘In implementing the provisions of tomer premises equipment; or with advanced communications services that subsection (b)(1)(C), the Commission shall ‘‘(B) if such manufacturer chooses, using is designed to provide 2-way voice commu- use appropriate timetables or benchmarks to third party applications, peripheral devices, nication via a built-in speaker intended to be the extent necessary (1) due to technical fea- software, hardware, or customer premises held to the ear in a manner functionally sibility, or (2) to ensure the marketability or equipment that is available to the consumer equivalent to a telephone, subject to the reg- availability of new technologies to users.’’. at nominal cost and that individuals with ulations prescribed by the Commission under (d) RULE OF CONSTRUCTION.—Section 710(h) disabilities can access. subsection (e).’’. of the Communications Act of 1934 (47 U.S.C. ‘‘(b) SERVICE PROVIDERS.— DDITIONAL AMENDMENTS (2) A .—Section 610(h)) is amended to read as follows: ‘‘(1) IN GENERAL.—With respect to services 710(b) of the Communications Act of 1934 (47 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in provided after the effective date of the regu- U.S.C. 610(b)) is further amended— the Twenty-First Century Communications lations established pursuant to subsection (A) in paragraph (2)— and Video Accessibility Act of 2010 shall be (e), and subject to those regulations, a pro- (i) in subparagraph (A)— construed to modify the Commission’s regu- vider of advanced communications services (I) in the matter preceding clause (i)— lations set forth in section 20.19 of title 47 of shall ensure that such services offered by (aa) by striking ‘‘initial’’; the Code of Federal Regulations, as in effect such provider in or affecting interstate com- (bb) by striking ‘‘of this subsection after on the date of enactment of such Act.’’. merce are accessible to and usable by indi- the date of enactment of the Hearing Aid SEC. 103. RELAY SERVICES. viduals with disabilities, unless the require- Compatibility Act of 1988’’; and (a) DEFINITION.—Paragraph (3) of section ments of this subsection are not achievable. (cc) by striking ‘‘paragraph (1)(B) of this 225(a) of the Communications Act of 1934 (47 ‘‘(2) INDUSTRY FLEXIBILITY.—A provider of subsection’’ and inserting ‘‘subparagraphs U.S.C. 225(a)(3)) is amended to read as fol- services may satisfy the requirements of (B) and (C) of paragraph (1)’’; lows: paragraph (1) with respect to such services (II) by inserting ‘‘and’’ at the end of clause ‘‘(3) TELECOMMUNICATIONS RELAY SERV- by— (ii); ICES.—The term ‘telecommunications relay ‘‘(A) ensuring that the services that such (III) by striking clause (iii); and services’ means telephone transmission serv- provider offers are accessible to and usable (IV) by redesignating clause (iv) as clause ices that provide the ability for an individual by individuals with disabilities without the (iii); who is deaf, hard of hearing, deaf-blind, or use of third party applications, peripheral (ii) by striking subparagraph (B) and redes- who has a speech disability to engage in devices, software, hardware, or customer ignating subparagraph (C) as subparagraph communication by wire or radio with one or premises equipment; or (B); and more individuals, in a manner that is func- ‘‘(B) if such provider chooses, using third (iii) in subparagraph (B) (as so redesig- tionally equivalent to the ability of a hear- party applications, peripheral devices, soft- nated)— ing individual who does not have a speech ware, hardware, or customer premises equip- (I) by striking the first sentence and in- disability to communicate using voice com- ment that is available to the consumer at serting ‘‘The Commission shall periodically munication services by wire or radio.’’. nominal cost and that individuals with dis- assess the appropriateness of continuing in (b) INTERNET PROTOCOL-BASED RELAY SERV- abilities can access. effect the exemptions for telephones and ICES.—Title VII of such Act (47 U.S.C. 601 et ‘‘(c) COMPATIBILITY.—Whenever the re- other customer premises equipment de- seq.) is amended by adding at the end the fol- quirements of subsections (a) or (b) are not scribed in subparagraph (A) of this para- lowing new section: achievable, a manufacturer or provider shall graph.’’; and ‘‘SEC. 715. INTERNET PROTOCOL-BASED RELAY ensure that its equipment or service is com- (II) in each of clauses (iii) and (iv), by SERVICES. patible with existing peripheral devices or striking ‘‘paragraph (1)(B)’’ and inserting ‘‘Within one year after the date of enact- specialized customer premises equipment ‘‘subparagraph (B) or (C) of paragraph (1)’’; ment of the Twenty-First Century Commu- commonly used by individuals with disabil- (B) in paragraph (4)(B)— nications and Video Accessibility Act of 2010, ities to achieve access, unless the require- (i) by striking ‘‘public mobile’’ and insert- each interconnected VoIP service provider ment of this subsection is not achievable. ing ‘‘telephones used with public mobile’’; and each provider of non-interconnected ‘‘(d) NETWORK FEATURES, FUNCTIONS, AND (ii) by inserting ‘‘telephones and other cus- VoIP service shall participate in and con- CAPABILITIES.—Each provider of advanced tomer premises equipment used in whole or tribute to the Telecommunications Relay communications services has the duty not to in part with’’ after ‘‘means’’; Services Fund established in section install network features, functions, or capa- (iii) by striking ‘‘and’’ after ‘‘public land 64.604(c)(5)(iii) of title 47, Code of Federal bilities that do not impede accessibility or mobile telephone service,’’ and inserting Regulations, as in effect on the date of en- usability. ‘‘or’’; actment of such Act, in a manner prescribed ‘‘(e) REGULATIONS.— (iv) by striking ‘‘part 22 of’’; and by the Commission by regulation to provide ‘‘(1) IN GENERAL.—Within one year after (v) by inserting after ‘‘Regulations’’ the for obligations of such providers that are the date of enactment of the Twenty-First following: ‘‘, or any functionally equivalent consistent with and comparable to the obli- Century Communications and Video Accessi- unlicensed wireless services’’; and gations of other contributors to such Fund.’’. bility Act of 2010, the Commission shall pro- (C) in paragraph (4)(C)— SEC. 104. ACCESS TO ADVANCED COMMUNICA- mulgate such regulations as are necessary to (i) by striking ‘‘term ‘private radio serv- TIONS SERVICES AND EQUIPMENT. implement this section. In prescribing the ices’ ’’ and inserting ‘‘term ‘telephones used (a) TITLE VII AMENDMENT.—Title VII of the regulations, the Commission shall— with private radio services’ ’’; and Communications Act of 1934 (47 U.S.C. 601 et ‘‘(A) include performance objectives to en- (ii) by inserting ‘‘telephones and other cus- seq.), as amended by section 103, is further sure the accessibility, usability, and compat- tomer premises equipment used in whole or amended by adding at the end the following ibility of advanced communications services in part with’’ after ‘‘means’’. new sections: (b) TECHNICAL STANDARDS.—Section 710(c) and the equipment used for advanced com- of the Communications Act of 1934 (47 U.S.C. ‘‘SEC. 716. ACCESS TO ADVANCED COMMUNICA- munications services by individuals with dis- 610(c)) is amended by adding at the end the TIONS SERVICES AND EQUIPMENT. abilities; following: ‘‘A telephone or other customer ‘‘(a) MANUFACTURING.— ‘‘(B) provide that advanced communica- premises equipment that is compliant with ‘‘(1) IN GENERAL.—With respect to equip- tions services, the equipment used for ad- relevant technical standards developed ment manufactured after the effective date vanced communications services, and net- through a public participation process and in of the regulations established pursuant to works used to provide advanced communica- consultation with interested consumer subsection (e), and subject to those regula- tions services may not impair or impede the stakeholders (designated by the Commission tions, a manufacturer of equipment used for accessibility of information content when for the purposes of this section) will be con- advanced communications services, includ- accessibility has been incorporated into that sidered hearing aid compatible for purposes ing end user equipment, network equipment, content for transmission through advanced of this section, until such time as the Com- and software, shall ensure that the equip- communications services, equipment used mission may determine otherwise. The Com- ment and software that such manufacturer for advanced communications services, or mission shall consult with the public, includ- offers for sale or otherwise distributes in networks used to provide advanced commu- ing people with hearing loss, in establishing interstate commerce shall be accessible to nications services;

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.190 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7170 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(C) determine the obligations under this munications and Video Accessibility Act of ‘‘(C) After the filing of a formal or infor- section of manufacturers, service providers, 2010, the Commission shall establish regula- mal complaint against a manufacturer or and providers of applications or services tions that facilitate the filing of formal and provider in the manner prescribed in para- accessed over service provider networks; and informal complaints that allege a violation graph (3), the Commission may request, and ‘‘(D) not mandate technical standards, ex- of section 255, 716, or 718, establish proce- shall keep confidential, a copy of the records cept that the Commission may adopt tech- dures for enforcement actions by the Com- maintained by such manufacturer or pro- nical standards as a safe harbor for such mission with respect to such violations, and vider pursuant to subparagraph (A) of this compliance if necessary to facilities the implement the recordkeeping obligations of paragraph that are directly relevant to the manufacturers’ and service providers’ com- paragraph (5) for manufacturers and pro- equipment or service that is the subject of pliance with sections (a) through (c). viders subject to such sections. Such regula- such complaint. ‘‘(2) PROSPECTIVE GUIDELINES.—The Com- tions shall include the following provisions: ‘‘(6) FAILURE TO ACT.—If the Commission mission shall issue prospective guidelines for ‘‘(1) NO FEE.—The Commission shall not fails to carry out any of its responsibilities a manufacturer or provider regarding the re- charge any fee to an individual who files a to act upon a complaint in the manner pre- quirements of this section. complaint alleging a violation of section 255, scribed in paragraph (3), the person that filed ‘‘(f) SERVICES AND EQUIPMENT SUBJECT TO 716, or 718. such complaint may bring an action in the SECTION 255.—The requirements of this sec- ‘‘(2) RECEIPT OF COMPLAINTS.—The Commis- nature of mandamus in the United States tion shall not apply to any equipment or sion shall establish separate and identifiable Court of Appeals for the District of Columbia services, including interconnected VoIP electronic, telephonic, and physical recep- to compel the Commission to carry out any service, that are subject to the requirements tacles for the receipt of complaints filed such responsibility. of section 255 on the day before the date of under section 255, 716, or 718. ‘‘(7) COMMISSION JURISDICTION.—The limita- enactment of the Twenty-First Century ‘‘(3) COMPLAINTS TO THE COMMISSION.— tions of section 255(f) shall apply to any Communications and Video Accessibility Act ‘‘(A) IN GENERAL.—Any person alleging a claim that alleges a violation of section 255, of 2010. Such services and equipment shall re- violation of section 255, 716, or 718 by a man- 716, or 718. Nothing in this paragraph affects main subject to the requirements of section ufacturer of equipment or provider of service or limits any action for mandamus under 255. subject to such sections may file a formal or paragraph (6) or any appeal pursuant to sec- informal complaint with the Commission. ‘‘(g) ACHIEVABLE DEFINED.—For purposes of tion 402(b)(10). ‘‘(B) INVESTIGATION OF INFORMAL COM- this section and section 718, the term ‘‘(8) PRIVATE RESOLUTIONS OF COM- PLAINT.—The Commission shall investigate ‘achievable’ means with reasonable effort or PLAINTS.—Nothing in the Commission’s rules the allegations in an informal complaint expense, as determined by the Commission. or this Act shall be construed to preclude a and, within 180 days after the date on which In determining whether the requirements of person who files a complaint and a manufac- such complaint was filed with the Commis- a provision are achievable, the Commission turer or provider from resolving a formal or sion, issue an order concluding the investiga- shall consider the following factors: informal complaint prior to the Commis- tion, unless such complaint is resolved be- ‘‘(1) The nature and cost of the steps need- sion’s final determination in a complaint fore such time. The order shall include a de- ed to meet the requirements of this section proceeding. In the event of such a resolution, termination whether any violation occurred. with respect to the specific equipment or the parties shall jointly request dismissal of service in question. ‘‘(i) If the Commission determines that a violation has occurred, the Commission may, the complaint and the Commission shall ‘‘(2) The technical and economic impact on grant such request. the operation of the manufacturer or pro- in the order issued under this subparagraph ‘‘(b) REPORTS TO CONGRESS.— vider and on the operation of the specific or in a subsequent order, direct the manufac- ‘‘(1) IN GENERAL.—Every two years after equipment or service in question, including turer or service provider to bring the service, the date of enactment of the Twenty-First on the development and deployment of new or in the case of a manufacturer, the next Century Communications and Video Accessi- communications technologies. generation of the equipment or device, into bility Act of 2010, the Commission shall sub- ‘‘(3) The type of operations of the manufac- compliance with requirements of those sec- mit to the Committee on Commerce, turer or provider. tions within a reasonable time established Science, and Transportation of the Senate ‘‘(4) The extent to which the service pro- by the Commission in its order. and the Committee on Energy and Commerce vider or manufacturer in question offers ac- ‘‘(ii) NO VIOLATION.—If a determination is of the House of Representatives a report that cessible services or equipment containing made that a violation has not occurred, the includes the following: varying degrees of functionality and fea- Commission shall provide the basis for such ‘‘(A) An assessment of the level of compli- tures, and offered at differing price points. determination. ance with sections 255, 716, and 718. ‘‘(h) COMMISSION FLEXIBILITY.— ‘‘(C) CONSOLIDATION OF COMPLAINTS.—The ‘‘(B) An evaluation of the extent to which ‘‘(1) WAIVER.—The Commission shall have Commission may consolidate for investiga- the authority, on its own motion or in re- tion and resolution complaints alleging sub- any accessibility barriers still exist with re- sponse to a petition by a manufacturer or stantially the same violation. spect to new communications technologies. provider of advanced communications serv- ‘‘(4) OPPORTUNITY TO RESPOND.—Before the ‘‘(C) The number and nature of complaints ices or any interested party, to waive the re- Commission makes a determination pursu- received pursuant to subsection (a) during quirements of this section for any feature or ant to paragraph (3), the party that is the the two years that are the subject of the re- function of equipment used to provide or ac- subject of the complaint shall have a reason- port. cess advanced communications services, or able opportunity to respond to such com- ‘‘(D) A description of the actions taken to for any class of such equipment, for any pro- plaint, and may include in such response any resolve such complaints under this section, vider of advanced communications services, factors that are relevant to such determina- including forfeiture penalties assessed. or for any class of such services, that— tion. Before issuing a final order under para- ‘‘(E) The length of time that was taken by ‘‘(A) is capable of accessing an advanced graph (3)(B)(i), the Commission shall provide the Commission to resolve each such com- communications service; and such party a reasonable opportunity to com- plaint. ‘‘(B) is designed for multiple purposes, but ment on any proposed remedial action. ‘‘(F) The number, status, nature, and out- is designed primarily for purposes other than ‘‘(5) RECORDKEEPING.—(A) Beginning one come of any actions for mandamus filed pur- using advanced communications services. year after the effective date of regulations suant to subsection (a)(6) and the number, status, nature, and outcome of any appeals ‘‘(2) SMALL ENTITY EXEMPTION.—The Com- promulgated pursuant to section 716(e), each mission may exempt small entities from the manufacturer and provider subject to sec- filed pursuant to section 402(b)(10). requirements of this section. tions 255, 716, and 718 shall maintain, in the ‘‘(G) An assessment of the effect of the re- ‘‘(i) CUSTOMIZED EQUIPMENT OR SERVICES.— ordinary course of business and for a reason- quirements of this section on the develop- The provisions of this section shall not apply able period, records of the efforts taken by ment and deployment of new communica- to customized equipment or services that are such manufacturer or provider to implement tions technologies. not offered directly to the public, or to such sections 255, 716, and 718, including the fol- ‘‘(2) PUBLIC COMMENT REQUIRED.—The Com- classes of users as to be effectively available lowing: mission shall seek public comment on its directly to the public, regardless of the fa- ‘‘(i) Information about the manufacturer’s tentative findings prior to submission to the cilities used. or provider’s efforts to consult with individ- Committees of the report under this sub- ‘‘(j) RULE OF CONSTRUCTION.—This section uals with disabilities. section. shall not be construed to require a manufac- ‘‘(ii) Descriptions of the accessibility fea- ‘‘(c) COMPTROLLER GENERAL ENFORCEMENT turer of equipment used for advanced com- tures of its products and services. STUDY.— munications or a provider of advanced com- ‘‘(iii) Information about the compatibility ‘‘(1) IN GENERAL.—The Comptroller General munications services to make every feature of such products and services with peripheral shall conduct a study to consider and evalu- and function of every device or service acces- devices or specialized customer premise ate the following: sible for every disability. equipment commonly used by individuals ‘‘(A) The Commission’s compliance with ‘‘SEC. 717. ENFORCEMENT AND RECORDKEEPING with disabilities to achieve access. the requirements of this section, including OBLIGATIONS. ‘‘(B) An officer of a manufacturer or pro- the Commission’s level of compliance with ‘‘(a) COMPLAINT AND ENFORCEMENT PROCE- vider shall submit to the Commission an an- the deadlines established under and pursuant DURES.—Within one year after the date of en- nual certification that records are being to this section and deadlines for acting on actment of the Twenty-First Century Com- kept in accordance with subparagraph (A). complaints pursuant to subsection (a).

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.190 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7171 ‘‘(B) Whether the enforcement actions applications, peripheral devices, software, suring a balance between individuals with taken by the Commission pursuant to this hardware, or customer premises equipment; disabilities and other stakeholders, and shall section have been appropriate and effective or designate two such members as the co-chairs in ensuring compliance with this section. ‘‘(2) using third party applications, periph- of the Committee. Members of the Advisory ‘‘(C) Whether the enforcement provisions eral devices, software, hardware, or customer Committee shall be selected from the fol- under this section are adequate to ensure premises equipment that is available to the lowing groups: compliance with this section. consumer at nominal cost and that individ- (1) STATE AND LOCAL GOVERNMENT AND ‘‘(D) Whether, and to what extent (if any), uals with disabilities can access.’’. EMERGENCY RESPONDER REPRESENTATIVES.— the requirements of this section have an ef- (b) EFFECTIVE DATE FOR SECTION 718.—Sec- Representatives of State and local govern- fect on the development and deployment of tion 718 of the Communications Act of 1934, ments and representatives of emergency re- new communications technologies. as added by subsection (a), shall take effect sponse providers, selected from among indi- ‘‘(2) REPORT.—Not later than 5 years after 3 years after the date of enactment of this viduals nominated by national organizations the date of enactment of the Twenty-First Act. representing such governments and rep- Century Communications and Video Accessi- (c) TITLE V AMENDMENTS.—Section 503(b)(2) resentatives. bility Act of 2010, the Comptroller General of such Act (47 U.S.C. 503(b)(2)) is amended (2) SUBJECT MATTER EXPERTS.—Individuals shall submit to the Committee on Com- by adding after subparagraph (E) the fol- who have the technical knowledge and exper- merce, Science, and Transportation of the lowing: tise to serve on the Advisory Committee in Senate and the Committee on Energy and ‘‘(F) Subject to paragraph (5) of this sec- the fulfillment of its duties, including rep- Commerce of the House of Representatives a tion, if the violator is a manufacturer or resentatives of— report on the results of the study required by service provider subject to the requirements (A) providers of interconnected and non- paragraph (1), with recommendations for of section 255, 716, or 718, and is determined interconnected VoIP services; how the enforcement process and measures by the Commission to have violated any such (B) vendors, developers, and manufacturers under this section may be modified or im- requirement, the manufacturer or provider of systems, facilities, equipment, and capa- proved. shall be liable to the United States for a for- bilities for the provision of interconnected ‘‘(d) CLEARINGHOUSE.—Within one year feiture penalty of not more than $100,000 for and non-interconnected VoIP services; after the date of enactment of the Twenty- each violation or each day of a continuing (C) national organizations representing in- First Century Communications and Video violation, except that the amount assessed dividuals with disabilities and senior citi- Accessibility Act of 2010, the Commission for any continuing violation shall not exceed zens; shall, in consultation with the Architectural a total of $1,000,000 for any single act or fail- (D) Federal agencies or departments re- and Transportation Barriers Compliance ure to act.’’. sponsible for the implementation of the Next Board, the National Telecommunications (d) REVIEW OF COMMISSION DETERMINA- Generation E 9–1–1 system; and Information Administration, trade asso- TIONS.—Section 402(b) of such Act (47 U.S.C. (E) the National Institute of Standards and ciations, and organizations representing in- 402(b)) is amended by adding the following Technology; and dividuals with disabilities, establish a clear- new paragraph: (F) other individuals with such technical inghouse of information on the availability ‘‘(10) By any person who is aggrieved or knowledge and expertise. of accessible products and services and ac- whose interests are adversely affected by a (3) REPRESENTATIVES OF OTHER STAKE- cessibility solutions required under sections determination made by the Commission HOLDERS AND INTERESTED PARTIES.—Rep- 255, 716, and 718. Such information shall be under section 717(a)(3).’’. resentatives of such other stakeholders and interested and affected parties as the Chair- made publicly available on the Commission’s SEC. 105. RELAY SERVICES FOR DEAF-BLIND IN- website and by other means, and shall in- DIVIDUALS. man of the Commission determines appro- clude an annually updated list of products Title VII of the Communications Act of priate. (c) DEVELOPMENT OF RECOMMENDATIONS.— and services with access features. 1934, as amended by section 104, is further ‘‘(e) OUTREACH AND EDUCATION.—Upon es- Within 1 year after the completion of the amended by adding at the end the following: tablishment of the clearinghouse of informa- member appointment process by the Chair- tion required under subsection (d), the Com- ‘‘SEC. 719. RELAY SERVICES FOR DEAF-BLIND IN- man of the Commission pursuant to sub- mission, in coordination with the National DIVIDUALS. section (b), the Advisory Committee shall Telecommunications and Information Ad- ‘‘(a) IN GENERAL.—Within 6 months after conduct a national survey of individuals ministration, shall conduct an informational the date of enactment of the Equal Access to with disabilities, seeking input from the and educational program designed to inform 21st Century Communications Act, the Com- groups described in subsection (b)(2), to de- the public about the availability of the mission shall establish rules that define as termine the most effective and efficient clearinghouse and the protections and rem- eligible for relay service support those pro- technologies and methods by which to enable edies available under sections 255, 716, and grams that are approved by the Commission access to emergency services by individuals 718. for the distribution of specialized customer with disabilities and shall develop and sub- premises equipment designed to make tele- ‘‘SEC. 718. INTERNET BROWSERS BUILT INTO mit to the Commission recommendations to TELEPHONES USED WITH PUBLIC communications service, Internet access implement such technologies and methods, MOBILE SERVICES. service, and advanced communications, in- including recommendations— ‘‘(a) ACCESSIBILITY.—If a manufacturer of a cluding interexchange services and advanced (1) with respect to what actions are nec- telephone used with public mobile services telecommunications and information serv- essary as a part of the migration to a na- (as such term is defined in section ices, accessible by individuals who are deaf- tional Internet protocol-enabled network to 710(b)(4)(B)) includes an Internet browser in blind. achieve reliable, interoperable communica- such telephone, or if a provider of mobile ‘‘(b) INDIVIDUALS WHO ARE DEAF-BLIND DE- tion transmitted over such network that will service arranges for the inclusion of a brows- FINED.—For purposes of this subsection, the ensure access to emergency services by indi- er in telephones to sell to customers, the term ‘individuals who are deaf-blind’ has the viduals with disabilities; manufacturer or provider shall ensure that same meaning given such term in the Helen (2) for protocols, technical capabilities, the functions of the included browser (in- Keller National Center Act, as amended by and technical requirements to ensure the re- cluding the ability to launch the browser) the Rehabilitation Act Amendments of 1992 liability and interoperability necessary to are accessible to and usable by individuals (29 U.S.C. 1905(2)). ensure access to emergency services by indi- who are blind or have a visual impairment, ‘‘(c) ANNUAL AMOUNT.—The total amount of viduals with disabilities; unless doing so is not achievable, except that support the Commission may provide from (3) for the establishment of technical this subsection shall not impose any require- its interstate relay fund for any fiscal year standards for use by public safety answering ment on such manufacturer or provider— may not exceed $10,000,000.’’. points, designated default answering points, ‘‘(1) to make accessible or usable any SEC. 106. EMERGENCY ACCESS ADVISORY COM- and local emergency authorities; Internet browser other than a browser that MITTEE. (4) for relevant technical standards and re- such manufacturer or provider includes or (a) ESTABLISHMENT.—For the purpose of quirements for communication devices and arranges to include in the telephone; or achieving equal access to emergency services equipment and technologies to enable the ‘‘(2) to make Internet content, applica- by individuals with disabilities, as a part of use of reliable emergency access; tions, or services accessible or usable (other the migration to a national Internet pro- (5) for procedures to be followed by IP-en- than enabling individuals with disabilities to tocol-enabled emergency network, not later abled network providers to ensure that such use an included browser to access such con- than 60 days after the date of enactment of providers do not install features, functions, tent, applications, or services). this Act, the Chairman of the Commission or capabilities that would conflict with tech- ‘‘(b) INDUSTRY FLEXIBILITY.—A manufac- shall establish an advisory committee, to be nical standards; turer or provider may satisfy the require- known as the Emergency Access Advisory (6) for deadlines by which providers of ments of subsection (a) with respect to such Committee (referred to in this section as the interconnected and non-interconnected VoIP telephone or services by— ‘‘Advisory Committee’’). services and manufacturers of equipment ‘‘(1) ensuring that the telephone or services (b) MEMBERSHIP.—As soon as practicable used for such services shall achieve the ac- that such manufacture or provider offers is after the date of enactment of this Act, the tions required in paragraphs (1) through (5), accessible to and usable by individuals with Chairman of the Commission shall appoint where achievable, and for the possible phase disabilities without the use of third party the members of the Advisory Committee, en- out of the use of current-generation TTY

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.190 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7172 CONGRESSIONAL RECORD — HOUSE September 28, 2010 technology to the extent that this tech- pertise to serve on the Advisory Committee (A) A recommended schedule of deadlines nology is replaced with more effective and in the fulfillment of its duties, including the for the provision of video description and efficient technologies and methods to enable following: emergency information. access to emergency services by individuals (1) Representatives of distributors and pro- (B) An identification of the performance with disabilities; viders of video programming or a national requirement for protocols, technical capa- (7) for the establishment of rules to update organization representing such distributors. bilities, and technical procedures needed to the Commission’s rules with respect to 9–1–1 (2) Representatives of vendors, developers, permit content providers, content distribu- services and E–911 services (as defined in sec- and manufacturers of systems, facilities, tors, Internet service providers, software de- tion 158(e)(4) of the National Telecommuni- equipment, and capabilities for the provision velopers, and device manufacturers to reli- cations and Information Administration Or- of video programming delivered using Inter- ably encode, transport, receive, and render ganization Act (47 U.S.C. 942(e)(4))), for users net protocol or a national organization rep- video descriptions of video programming, ex- of telecommunications relay services as new resenting such vendors, developers, or manu- cept for consumer generated media, and technologies and methods for providing such facturers. emergency information delivered using relay services are adopted by providers of (3) Representatives of manufacturers of Internet protocol or digital broadcast tele- such relay services; and consumer electronics or information tech- vision. (8) that take into account what is tech- nology equipment or a national organization (C) An identification of additional proto- nically and economically feasible. representing such manufacturers. cols, technical capabilities, and technical (d) MEETINGS.— (4) Representatives of video programming procedures beyond those available as of the (1) INITIAL MEETING.—The initial meeting producers or a national organization rep- date of enactment of the Twenty-First Cen- of the Advisory Committee shall take place resenting such producers. tury Communications and Video Accessi- not later than 45 days after the completion (5) Representatives of national organiza- bility Act of 2010 for the delivery of video de- of the member appointment process by the tions representing accessibility advocates, scriptions of video programming, except for Chairman of the Commission pursuant to including individuals with disabilities and consumer generated media, and emergency subsection (b). the elderly. information delivered using Internet pro- (2) OTHER MEETINGS.—After the initial (6) Representatives of the broadcast tele- tocol that are necessary to meet the per- meeting, the Advisory Committee shall meet vision industry or a national organization formance objectives identified under sub- at the call of the chairs, but no less than representing such industry. paragraph (B). monthly until the recommendations re- (7) Other individuals with technical and en- (D) A recommendation for technical stand- quired pursuant to subsection (c) are com- gineering expertise, as the Chairman deter- ards to address the performance objectives pleted and submitted. mines appropriate. identified in subparagraph (B). (3) NOTICE; OPEN MEETINGS.—Any meetings (E) A recommendation for any regulations (c) COMMISSION OVERSIGHT.—The Chairman held by the Advisory Committee shall be shall appoint a member of the Commission’s that may be necessary to ensure compat- duly noticed at least 14 days in advance and ibility between video programming, except staff to moderate and direct the work of the shall be open to the public. for consumer generated media, delivered Advisory Committee. (e) RULES.— using Internet protocol and devices capable (1) QUORUM.—One-third of the members of (d) TECHNICAL STAFF.—The Commission of receiving and displaying such program- the Advisory Committee shall constitute a shall appoint a member of the Commission’s ming, except for consumer generated media, quorum for conducting business of the Advi- technical staff to provide technical assist- in order to facilitate access to video descrip- sory Committee. ance to the Advisory Committee. tions and emergency information. (2) SUBCOMMITTEES.—To assist the Advi- (e) DEVELOPMENT OF RECOMMENDATIONS.— (F) With respect to user interfaces, a rec- sory Committee in carrying out its func- (1) CLOSED CAPTIONING REPORT.—Within 6 ommendation for the standards, protocols, tions, the chair may establish appropriate months after the date of the first meeting of and procedures used to enable the functions subcommittees composed of members of the the Advisory Committee, the Advisory Com- of apparatus designed to receive or display Advisory Committee and other subject mat- mittee shall develop and submit to the Com- video programming transmitted simulta- ter experts as determined to be necessary. mission a report that includes the following: neously with sound (including apparatus de- (3) ADDITIONAL RULES.—The Advisory Com- (A) A recommended schedule of deadlines signed to receive or display video program- mittee may adopt other rules as needed. for the provision of closed captioning serv- ming transmitted by means of services using (f) FEDERAL ADVISORY COMMITTEE ACT.— ice. Internet protocol) to be accessible to and us- The Federal Advisory Committee Act (5 (B) An identification of the performance able by individuals with disabilities. U.S.C. App.) shall not apply to the Advisory requirement for protocols, technical capa- (G) With respect to user interfaces, a rec- Committee. bilities, and technical procedures needed to ommendation for the standards, protocols, (g) IMPLEMENTING RECOMMENDATIONS.—The permit content providers, content distribu- and procedures used to enable on-screen text Commission shall have the authority to pro- tors, Internet service providers, software de- menus and other visual indicators used to mulgate regulations to implement the rec- velopers, and device manufacturers to reli- access the functions on an apparatus de- ommendations proposed by the Advisory ably encode, transport, receive, and render scribed in subparagraph (F) to be accom- Committee, as well as any other regulations, closed captions of video programming, ex- panied by audio output so that such menus technical standards, protocols, and proce- cept for consumer generated media, deliv- or indicators are accessible to and usable by dures as are necessary to achieve reliable, ered using Internet protocol. individuals with disabilities. interoperable communication that ensures (C) An identification of additional proto- (H) With respect to video programming access by individuals with disabilities to an cols, technical capabilities, and technical guides and menus, a recommendation for the Internet protocol-enabled emergency net- procedures beyond those available as of the standards, protocols, and procedures used to work, where achievable and technically fea- date of enactment of the Twenty-First Cen- enable video programming information and sible. tury Communications and Video Accessi- selection provided by means of a navigation (h) DEFINITIONS.—In this section— bility Act of 2010 for the delivery of closed device, guide, or menu to be accessible in (1) the term ‘‘Commission’’ means the Fed- captions of video programming, except for real-time by individuals who are blind or vis- eral Communications Commission; consumer generated media, delivered using ually impaired. (2) the term ‘‘Chairman’’ means the Chair- Internet protocol that are necessary to meet (3) CONSIDERATION OF WORK BY STANDARD- man of the Federal Communications Com- the performance objectives identified under SETTING ORGANIZATIONS.—The recommenda- mission; and subparagraph (B). tions of the advisory committee shall, inso- (3) except as otherwise expressly provided, (D) A recommendation for technical stand- far as possible, incorporate the standards, other terms have the meanings given such ards to address the performance objectives protocols, and procedures that have been terms in section 3 of the Communications identified in subparagraph (B). adopted by recognized industry standard-set- Act of 1934 (47 U.S.C. 153). (E) A recommendation for any regulations ting organizations for each of the purposes TITLE II—VIDEO PROGRAMMING that may be necessary to ensure compat- described in paragraphs (1) and (2). SEC. 201. VIDEO PROGRAMMING AND EMER- ibility between video programming, except (f) MEETINGS.— GENCY ACCESS ADVISORY COM- for consumer generated media, delivered (1) INITIAL MEETING.—The initial meeting MITTEE. using Internet protocol and devices capable of the Advisory Committee shall take place (a) ESTABLISHMENT.—Not later than 60 days of receiving and displaying such program- not later than 180 days after the date of the after the date of enactment of this Act, the ming in order to facilitate access to closed enactment of this Act. Chairman shall establish an advisory com- captions. (2) OTHER MEETINGS.—After the initial mittee to be known as the Video Program- (2) VIDEO DESCRIPTION, EMERGENCY INFOR- meeting, the Advisory Committee shall meet ming and Emergency Access Advisory Com- MATION, USER INTERFACES, AND VIDEO PRO- at the call of the Chairman. mittee. GRAMMING GUIDES AND MENUS.—Within 18 (3) NOTICE; OPEN MEETINGS.—Any meeting (b) MEMBERSHIP.—As soon as practicable months after the date of enactment of this held by the Advisory Committee shall be no- after the date of enactment of this Act, the Act, the Advisory Committee shall develop ticed at least 14 days before such meeting Chairman shall appoint individuals who have and submit to the Commission a report that and shall be open to the public. the technical knowledge and engineering ex- includes the following: (g) PROCEDURAL RULES.—

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(1) QUORUM.—The presence of one-third of ‘‘(A) VIDEO DESCRIPTION IN TELEVISION PRO- tional markets are reasonable, as deter- the members of the Advisory Committee GRAMMING.—The availability, use, and bene- mined by the Commission; and shall constitute a quorum for conducting the fits of video description on video program- ‘‘(II) except that the Commission may business of the Advisory Committee. ming distributed on television, the technical grant waivers to entities in specific des- (2) SUBCOMMITTEES.—To assist the Advi- and creative issues associated with providing ignated market areas where it deems appro- sory Committee in carrying out its func- such video description, and the financial priate. tions, the Chairman may establish appro- costs of providing such video description for ‘‘(g) EMERGENCY INFORMATION.—Not later priate subcommittees composed of members providers of video programming and program than 1 year after the Advisory Committee re- of the Advisory Committee and other subject owners. port under subsection (e)(2) is submitted to matter experts. ‘‘(B) VIDEO DESCRIPTION IN VIDEO PROGRAM- the Commission, the Commission shall com- (3) ADDITIONAL PROCEDURAL RULES.—The MING DISTRIBUTED ON THE INTERNET.—The plete a proceeding to— Advisory Committee may adopt other proce- technical and operational issues, costs, and ‘‘(1) identify methods to convey emergency dural rules as needed. benefits of providing video descriptions for information (as that term is defined in sec- (h) FEDERAL ADVISORY COMMITTEE ACT.— video programming that is delivered using tion 79.2 of title 47, Code of Federal Regula- The Federal Advisory Committee Act (5 Internet protocol. tions) in a manner accessible to individuals U.S.C. App.) shall not apply to the Advisory ‘‘(4) CONTINUING COMMISSION AUTHORITY.— who are blind or visually impaired; and Committee. ‘‘(A) IN GENERAL.—The Commission may ‘‘(2) promulgate regulations that require SEC. 202. VIDEO DESCRIPTION AND CLOSED CAP- not issue additional regulations unless the video programming providers and video pro- TIONING. Commission determines, at least 2 years gramming distributors (as those terms are (a) VIDEO DESCRIPTION.—Section 713 of the after completing the reports required in defined in section 79.1 of title 47, Code of Communications Act of 1934 (47 U.S.C. 613) is paragraph (3), that the need for and benefits Federal Regulations) and program owners to amended— of providing video description for video pro- convey such emergency information in a (1) by striking subsections (f) and (g); gramming, insofar as such programming is manner accessible to individuals who are (2) by redesignating subsection (h) as sub- transmitted for display on television, are blind or visually impaired. section (j); and greater than the technical and economic ‘‘(h) DEFINITIONS.—For purposes of this sec- (3) by inserting after subsection (e) the fol- costs of providing such additional program- tion, section 303, and section 330: lowing: ming. ‘‘(1) VIDEO DESCRIPTION.—The term ‘video ‘‘(f) VIDEO DESCRIPTION.— ‘‘(B) LIMITATION.—If the Commission description’ means the insertion of audio ‘‘(1) REINSTATEMENT OF REGULATIONS.—On makes the determination under subpara- narrated descriptions of a television pro- the day that is 1 year after the date of enact- graph (A) and issues additional regulations, gram’s key visual elements into natural ment of the Twenty-First Century Commu- the Commission may not increase, in total, pauses between the program’s dialogue. nications and Video Accessibility Act of 2010, the hour requirement for additional de- ‘‘(2) VIDEO PROGRAMMING.—The term ‘video the Commission shall, after a rulemaking, scribed programming by more than 75 per- programming’ means programming by, or reinstate its video description regulations cent of the requirement in the regulations generally considered comparable to program- contained in the Implementation of Video reinstated under paragraph (1). ming provided by a television broadcast sta- Description of Video Programming Report ‘‘(C) APPLICATION TO DESIGNATED MARKET tion, but not including consumer-generated and Order (15 F.C.C.R. 15,230 (2000)), recon. AREAS.— media (as defined in section 3). granted in part and denied in part, (16 ‘‘(i) IN GENERAL.—After the Commission (b) CLOSED CAPTIONING ON VIDEO PROGRAM- F.C.C.R. 1251 (2001)), modified as provided in completes the reports on video description MING DELIVERED USING INTERNET PRO- paragraph (2). required in paragraph (3), the Commission TOCOL.—Section 713 of such Act is further ‘‘(2) MODIFICATIONS TO REINSTATED REGULA- shall phase in the video description regula- amended by striking subsection (c) and in- TIONS.—Such regulations shall be modified tions for the top 60 designated market areas, serting the following: only as follows: except that the Commission may grant waiv- ‘‘(c) DEADLINES FOR CAPTIONING.— ‘‘(A) The regulations shall apply to video ers to entities in specific designated market ‘‘(1) IN GENERAL.—The regulations pre- programming, as defined in subsection (h), areas where it deems appropriate. scribed pursuant to subsection (b) shall in- insofar as and programming is transmitted ‘‘(ii) PHASE-IN DEADLINE.—The phase-in de- clude an appropriate schedule of deadlines for display on television in digital format. scribed in clause (i) shall be completed not for the provision of closed captioning of ‘‘(B) The Commission shall update the list later than 6 years after the date of enact- video programming once published or exhib- of the top 25 designated market areas, the ment of the Twenty-First Century Commu- ited on television. list of the top 5 national nonbroadcast net- nications and Video Accessibility Act of 2010. ‘‘(2) DEADLINES FOR PROGRAMMING DELIV- works that at least 50 hours per quarter of ‘‘(iii) REPORT.—Nine years after the date of ERED USING INTERNET PROTOCOL.— prime time programming that is not exempt enactment of the Twenty-First Century ‘‘(A) REGULATIONS ON CLOSED CAPTIONING ON under this paragraph, and the beginning cal- Communications and Video Accessibility Act VIDEO PROGRAMMING DELIVERED USING INTER- endar quarter for which compliance shall be of 2010, the Commission shall submit to the NET PROTOCOL.—Not later than 6 months calculated. Committee on Energy of the House of Rep- after the submission of the report to the ‘‘(C) The regulations may permit a pro- resentatives and the Committee on Com- Commission required by subsection (e)(1) of vider of video programming or a program merce, Science, and Transportation of the the Twenty-First Century Communications owner to petition the Commission for an ex- Senate a report assessing— and Video Accessibility Act of 2010, the Com- emption from the requirements of this sec- ‘‘(I) the types of described video program- mission shall revise its regulations to re- tion upon a showing that the requirements ming that is available to consumers; quire the provision of closed captioning on contained in this section be economically ‘‘(II) consumer use of such programming; video programming delivered using Internet burdensome. ‘‘(III) the costs to program owners, pro- protocol that was published or exhibited on ‘‘(D) The Commission may exempt from viders, and distributors of creating such pro- television with captions after the effective the regulations established pursuant to para- gramming; date of such regulations. graph (1) a service, class of services, pro- ‘‘(IV) the potential costs to program own- ‘‘(B) SCHEDULE.—The regulations pre- gram, class of programs, equipment, or class ers, providers, and distributors in designated scribed under this paragraph shall include an of equipment for which the Commission has market areas outside of the top 60 of cre- appropriate schedule of deadlines for the pro- determined that the application of such reg- ating such programming; vision of closed captioning, taking into ac- ulations would be economically burdensome ‘‘(V) the benefits to consumers of such pro- count whether such programming is for the provider of such service, program, or gramming; prerecorded and edited for Internet distribu- equipment. ‘‘(VI) the amount of such programming tion, or whether such programming is live or ‘‘(E) The regulations shall not apply to live currently available; and near-live and not edited for Internet dis- or near-live programming. ‘‘(VII) the need for additional described tribution. ‘‘(F) The regulations shall provide for an programming in designated market areas ‘‘(C) COST.—The Commission may delay or appropriate phased schedule of deadlines for outside the top 60. waive the regulation promulgated under sub- compliance. ‘‘(iv) ADDITIONAL MARKET AREAS.—Ten paragraph (A) to the extent the Commission ‘‘(G) The Commission shall consider ex- years after the date of enactment of the finds that the application of the regulation tending the exemptions and limitations in Twenty-First Century Communications and to live video programming delivered using the reinstated regulations for technical ca- Video Accessibility Act of 2010, the Commis- Internet protocol with captions after the ef- pability reasons to all providers and owners sion shall have the authority, based upon the fective date of such regulations would be of video programming. findings, conclusions, and recommendations economically burdensome to providers of ‘‘(3) INQUIRIES ON FURTHER VIDEO DESCRIP- contained in the report under clause (iii), to video programming or program owners. TION REQUIREMENTS.—The Commission shall phase in the video description regulations for ‘‘(D) REQUIREMENTS FOR REGULATIONS.— commence the following inquiries not later up to an additional 10 designated market The regulations prescribed under this para- than 1 year after the completion of the areas each year— graph— phase-in of the reinstated regulations and ‘‘(I) if the costs of implementing the video ‘‘(i) shall contain a definition of ‘near-live shall report to Congress 1 year thereafter on description regulations to program owners, programming’ and ‘edited for Internet dis- the findings for each of the following: providers, and distributors in those addi- tribution’;

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.190 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7174 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(ii) may exempt any service, class of serv- ‘‘(2) notwithstanding paragraph (1) of this sion to the Commission of the Advisory Com- ice, program, class of program, equipment, subsection— mittee report required by section 201(e)(2). or class of equipment for which the Commis- ‘‘(A) apparatus described in such paragraph (e) ALTERNATE MEANS OF COMPLIANCE.—An sion has determined that the application of that use a picture screen that is less than 13 entity may meet the requirements of sec- such regulations would be economically bur- inches in size meet the requirements of sub- tions 303(u), 303(z), and 330(b) of the Commu- densome for the provider of such service, paragraph (A), (B), or (C) of such paragraph nications Act of 1934 through alternate program, or equipment; only if the requirements of such subpara- means than those prescribed by regulations ‘‘(iii) shall clarify that, for the purposes of graphs are achievable (as defined in section pursuant to subsection (d) if the require- implementation, of this subsection, the 716); ments of those sections are met, as deter- terms ‘video programming distribution’ and ‘‘(B) any apparatus or class of apparatus mined by the Commission. ‘video programming providers’ include an en- that are display-only video monitors with no SEC. 204. USER INTERFACES ON DIGITAL APPA- tity that makes available directly to the end playback capability are exempt from the re- RATUS. user video programming through a distribu- quirements of such paragraph; and (a) AMENDMENT.—Section 303 of the Com- tion method that uses Internet protocol; ‘‘(C) the Commission shall have the au- munications Act of 1934 (47 U.S.C. 303) is fur- ‘‘(iv) and describe the responsibilities of thority, on its own motion or in response to ther amended by adding after subsection (z), video programming providers or distributors a petition by a manufacturer, to waive the as added by section 203 of this Act, the fol- and video programming owners; requirements of this subsection for any appa- lowing new subsection: ‘‘(v) shall establish a mechanism to make ratus or class of apparatus— ‘‘(aa) Require— available to video progamming providers and ‘‘(i) primarily designed for activities other ‘‘(1) if achievable (as defined in section 716) distributors information on video program- than receiving or playing back video pro- that digital apparatus designed to receive or ming subject to the Act on an ongoing basis; gramming transmitted simultaneously with play back video programming transmitted in ‘‘(vi) shall consider that the video pro- sound; or digital format simultaneously with sound, gramming provider or distributor shall be ‘‘(ii) for equipment designed for multiple including apparatus designed to receive or deemed in compliance if such entity enables purposes, capable of receiving or playing display video programming transmitted in the rendering or pass through of closed cap- video programming transmitted simulta- digital format using Internet protocol, be de- tions and video description signals and make neously with sound but whose essential util- signed, developed, and fabricated so that a good faith effort to identify video program- ity is derived from other purposes.’’. control of appropriate built-in apparatus ming subject to the Act using the mecha- (b) OTHER DEVICES.—Section 303 of the functions are accessible to and usable by in- nism created in (v); and Communications Act of 1934 (47 U.S.C. 303) is dividuals who are blind or visually impaired, ‘‘(vii) shall provide that de minimis failure further amended by adding at the end the except that the Commission may not specify to comply with such regulations by a video following new subsection: the technical standards, protocols, proce- programming provider or owner shall not be ‘‘(z) Require that— dures, and other technical requirements for treated as a violation of the regulations. ‘‘(1) if achievable (as defined in section meeting this requirement; ‘‘(3) ALTERNATE MEANS OF COMPLIANCE.—An 716), apparatus designed to record video pro- ‘‘(2) that if on-screen text menus or other entity may meet the requirements of this gramming transmitted simultaneously with visual indicators built in to the digital appa- section through alternate means than those sound, if such apparatus is manufactured in ratus are used to access the functions of the prescribed by regulations pursuant to sub- the United States or imported for use in the apparatus described in paragraph (1), such section (b), as revised pursuant to paragraph United States, enable the rendering or the functions shall be accompanied by audio out- (2)(A) of this subsection, if the requirements put that is either integrated or peripheral to of this section are met, as determined by the pass through of closed captions, video de- scription signals, and emergency informa- the apparatus, so that such menus or indica- Commission.’’. tors are accessible to and usable by individ- (c) CONFORMING AMENDMENT.—Section tion (as that term is defined in section 79.2 of title 47, Code of Federal Regulations) such uals who are blind or visually impaired in 713(d) of such Act is amended by striking real-time; paragraph (3) and inserting the following: that viewers are able to activate and de-acti- vate the closed captions and video descrip- ‘‘(3) that for such apparatus equipped with ‘‘(3) a provider of video programming or the functions described in paragraphs (1) and program owner may petition the Commission tion as the video programming is played back on a picture screen of any size; and (2) built in access to those closed captioning for an exemption from the requirements of and video description features through a this section, and the Commission may grant ‘‘(2) interconnection mechanisms and standards for digital video source devices are mechanism that is reasonably comparable to such petition upon a showing that the re- a button, key, or icon designated by acti- quirements contained in this section would available to carry from the source device to the consumer equipment the information vating the closed captioning or accessibility be economically burdensome. During the features; and pendency of such a petition, such provider or necessary to permit or render the display of closed captions and to make encoded video ‘‘(4) that in applying this subsection the owner shall be exempt from the require- term ‘apparatus’ does not include a naviga- ments of this section. The Commission shall description and emergency information audi- ble.’’. tion device, as such term is defined in sec- act to grant or deny any such petition, in tion 76.1200 of the Commission’s rules (47 whole or in part, within 6 months after the (c) SHIPMENT IN COMMERCE.—Section 330(b) of the Communications Act of 1934 (47 U.S.C. CFR 76.1200).’’. Commission receives such petition, unless (b) IMPLEMENTING REGULATIONS.—Within 18 330(b)) is amended— the Commission finds that an extension of months after the submission to the Commis- (1) by striking ‘‘303(u)’’ in the first sen- the 6-month period is necessary to determine sion of the Advisory Committee report re- tence and inserting ‘‘303(u) and (z)’’; whether such requirements are economically quired by section 201(e)(2), the Commission (2) by striking the second sentence and in- burdensome.’’. shall prescribe such regulations as are nec- serting the following: ‘‘Such rules shall pro- SEC. 203. CLOSED CAPTIONING DECODER AND essary to implement the amendments made vide performance and display standards for VIDEO DESCRIPTION CAPABILITY. by subsection (a). such built-in decoder circuitry or capability (a) AUTHORITY TO REGULATE.—Section (c) ALTERNATE MEANS OF COMPLIANCE.—An 303(u) of the Communications Act of 1934 (47 designed to display closed captioned video entity may meet the requirements of section U.S.C. 303(u)) is amended to read as follows: programming, the transmission and delivery 303(aa) of the Communications Act of 1934 ‘‘(u) Require that, if technically feasible— of video description services, and the convey- through alternate means than those pre- ‘‘(1) apparatus designed to receive or play ance of emergency information as required scribed by regulations pursuant to sub- back video programming transmitted simul- by section 303 of this Act.’’; and section (b) if the requirements of those sec- taneously with sound, if such apparatus is (3) in the fourth sentence, by striking tions are met, as determined by the Commis- manufactured in the United States or im- ‘‘closed-captioning service continues’’ and sion. ported for use in the United States and uses inserting ‘‘closed-captioning service and (d) DEFERRAL OF COMPLIANCE WITH ATSC a picture screen of any size— video description service continue’’. MOBILE DTV STANDARD A/153.—A digital ap- ‘‘(A) be equipped with built-in closed cap- (d) IMPLEMENTING REGULATIONS.—The Fed- paratus designed and manufactured to re- tion decoder circuitry or capability designed eral Communications Commission shall pre- ceive or play back the Advanced Television to display closed-captioned video program- scribe such regulations as are necessary to Systems Committee’s Mobile DTV Standards ming; implement the requirements of sections A/153 shall not be required to meet the re- ‘‘(B) have the capability to decode and 303(u), 303(z), and 330(b) of the Communica- quirements of the regulations prescribed make available the transmission and deliv- tions Act of 1934, as amended by this section, under subsection (b) for a period of not less ery of video description services as required including any technical standards, protocols, than 24 months after the date on which the by regulations reinstated and modified pur- and procedures needed for the transmission final regulations are published in the Fed- suant to section 713(f); and of— eral Register. ‘‘(C) have the capability to decode and (1) closed captioning within 6 months after SEC. 205. ACCESS TO VIDEO PROGRAMMING make available emergency information (as the submission to the Commission of the Ad- GUIDES AND MENUS PROVIDED ON that term is defined in section 79.2 of the visory Committee report required by section NAVIGATION DEVICES. Commission’s regulations (47 CFR 79.2)) in a 201(e)(1); and (a) AMENDMENT.—Section 303 of the Com- manner that is accessible to individuals who (2) video description and emergency infor- munications Act of 1934 (47 U.S.C. 303) is fur- are blind or visually impaired; and mation within 18 months after the submis- ther amended by adding after subsection

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.190 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7175 (aa), as added by section 204 of this Act, the (ii) not less than 3 years after the adoption unanimously passed the bill to make following new subsection: of such regulations to begin placing in serv- technical corrections to its companion ‘‘(bb) Require— ice devices that comply with the require- bill. We are now taking up both of ‘‘(1) if achievable (as defined in section ments of section 303(bb)(1) of the Commu- these bills, and we’ll send them, after 716), that the on-screen text menus and nications Act of 1934 (as added by subsection guides provided by navigation devices (as (a) of this section). passage, to the President to be signed such term is defined in section 76.1200 of title (B) APPLICATION.—Such regulations shall into law. 47, Code of Federal Regulations) for the dis- apply only to devices manufactured or im- If you’re an individual who’s blind, play or selection of multichannel video pro- ported on or after the respective effective deaf, or both, navigating an intersec- gramming are audibly accessible in real-time dates established in subparagraph (A). tion can be a challenge, but navigating upon request by individuals who are blind or SEC. 206. DEFINITIONS. the Internet can sometimes be even visually impaired, except that the Commis- In this title: sion may not specify the technical stand- more difficult; and that’s because laws (1) ADVISORY COMMITTEE.—The term ‘‘Advi- ards, protocols, procedures, and other tech- to ensure equal treatment for Ameri- sory Committee’’ means the advisory com- nical requirements for meeting this require- cans with disabilities have focused pri- mittee established in section 201. ment; and marily on things like wheelchair ac- (2) CHAIRMAN.—The term ‘‘Chairman’’ ‘‘(2) for navigation devices with built-in means the Chairman of the Federal Commu- cess rather than Web access. That is closed captioning capability, that access to nications Commission. about to change. that capability through a mechanism is rea- (3) COMMISSION.—The term ‘‘Commission’’ At this historic moment, I’d like to sonably comparable to a button, key, or icon think that Helen Keller and Annie Sul- designated for activating the closed cap- means the Federal Communications Com- tioning, or accessibility features. mission. livan are looking down on us here to- (4) EMERGENCY INFORMATION.—The term night and smiling. This picture was With respect to apparatus features and func- ‘‘emergency information’’ has the meaning tions delivered in software, the requirements taken in 1888 in Brewster, Massachu- given such term in section 79.2 of title 47, set forth in this subsection shall apply to the setts, on Cape Cod. Whether it is a Code of Federal Regulations. manufacturer of such software. With respect braille reader or a broadband connec- (5) INTERNET PROTOCOL.—The term ‘‘Inter- to apparatus features and functions delivered net protocol’’ includes Transmission Control tion, access to technology is not a po- in hardware, the requirements set forth in Protocol and a successor protocol or tech- litical issue—it’s a participation issue. this subsection shall apply to the manufac- Each of us should be able to participate turer of such hardware.’’. nology to Internet protocol. (b) IMPLEMENTING REGULATIONS.— (6) NAVIGATION DEVICE.—The term ‘‘naviga- in the world to the fullest extent pos- (1) IN GENERAL.—Within 18 months after tion device’’ has the meaning given such sible, and the latest communications the submission to the Commission of the Ad- term in section 76.1200 of title 47, Code of and video devices and services can en- visory Committee report required by section Federal Regulations. rich and ennoble how Americans expe- 201(e)(2), the Commission shall prescribe (7) VIDEO DESCRIPTION.—The term ‘‘video rience and enjoy their lives. such regulations as are necessary to imple- description’’ has the meaning given such term in section 713 of the Communications Coming out of the Energy and Com- ment the amendment made by subsection merce Committee’s Telecommuni- (a). Act of 1934 (47 U.S.C. 613). (2) EXEMPTION.—Such regulations may pro- (8) VIDEO PROGRAMMING.—The term ‘‘video cations Subcommittee over the last vide an exemption from the regulations for programming’’ has the meaning given such two decades have been a whole series of cable systems serving 20,000 or fewer sub- term in section 713 of the Communications legislative initiatives aimed at broad- scribers. Act of 1934 (47 U.S.C. 613). ening access for Americans who are (3) RESPONSIBILITY.—An entity shall only The SPEAKER pro tempore. Pursu- disabled to technologies that can help be responsible for compliance with the re- ant to the rule, the gentleman from them do things that most of us take for quirements added by this section with re- Massachusetts (Mr. MARKEY) and the granted. spect to navigation devices that it provides to a requesting blind or visually impaired in- gentleman from Texas (Mr. BURGESS) In 1990, we made sure that Americans dividual. each will control 20 minutes. who are deaf could make telephone (4) SEPARATE EQUIPMENT OR SOFTWARE.— The Chair recognizes the gentleman calls. (A) IN GENERAL.—Such regulations shall from Massachusetts. Around the same time, 1990, we man- permit but not require the entity providing Mr. MARKEY of Massachusetts. I dated that television shows be closed the navigation device to the requesting blind yield myself such time as I may con- captioned for the deaf so that they can or visually impaired individual to comply sume. enjoy the same entertainment and with section 303(bb)(1) of the Communica- other programming as many Ameri- tions Act of 1934 through that entity’s use of Mr. Speaker, I would like to begin by software, a peripheral device, specialized commending subcommittee Chairman cans. Many deaf and hard-of-hearing consumer premises equipment, a network- BOUCHER for his incredible work on this people say that closed captioning is the based service or other solution, and shall issue. I also commend Chairman WAX- single modern accessibility technology provide the maximum flexibility to select MAN, who dedicated a lot of time to that has changed their lives the most. the manner of compliance. making sure that this piece of legisla- And in 1996, in the Telecommuni- (B) REQUIREMENTS.—If an entity complies tion would come to fruition here this cations Act, we inserted language with section 303(bb)(1) of the Communica- evening. I would also like to thank which required accessibility of all tele- tions Act of 1934 under subparagraph (A), the Chairman STEARNS—Ranking Member phone equipment, including tele- entity providing the navigation device to the phones, telephone calls, call waiting, requesting blind or visually impaired indi- STEARNS on the minority side—along vidual shall provide any such software, pe- with Mr. BARTON, who is the ranking speed dialing, caller ID, and related ripheral device, equipment, service, or solu- member of the full committee, Mr. services. tion at no additional charge and within a BURGESS, and all of the minority mem- Twenty years ago, the ADA man- reasonable time to such individual and shall bers. dated physical ramps into buildings. ensure that such software, device, equip- If you were to look up in the dic- Today, individuals with disabilities ment, service, or solution provides the access tionary the words ‘‘bipartisan effort,’’ need online ramps to the Internet so required by such regulations. this bill’s number would be next to that they can get to the Web from (5) USER CONTROLS FOR CLOSED CAP- wherever they happen to be. TIONING.—Such regulations shall permit the that effort. From the time of Helen Keller and entity providing the navigation device max- b 2110 imum flexibility in the selection of means Annie Sullivan through the Americans for compliance with section 303(bb)(2) of the On July 26, the 20th anniversary of with Disabilities Act to closed cap- Communications Act of 1934 (as added by the Americans with Disabilities Act, tioning for television programming and subsection (a) of this section). the House passed, by an overwhelming ability of the deaf to make telephone (6) PHASE-IN.— bipartisan margin of 348–23, the 21st calls, and now to the 21st Century (A) IN GENERAL.—The Commission shall Century Communications and Video Communications and Video Accessi- provide affected entities with— Accessibility Act that I’d introduced bility Act on the floor tonight, we’ve (i) not less than 2 years after the adoption last year to update the ADA for the of such regulations to begin placing in serv- made important progress. We’ve moved ice devices that comply with the require- digital era. from braille to broadcast, from ments of section 303(bb)(2) of the Commu- On August 5 the Senate passed the broadband to the BlackBerry. nications Act of 1934 (as added by subsection companion bill by unanimous consent, Annie Sullivan used special language (a) of this section); and and then on September 22 the Senate she spelled in Helen Keller’s palm. In

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.190 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7176 CONGRESSIONAL RECORD — HOUSE September 28, 2010 the 21st century, we’ve moved from nately, the version from the other body tirelessly over the last year and a half tracing letters of the alphabet on a originally included a number of signifi- to bring this bill to fruition. Looking palm to navigating a Palm Pilot, and cant technical errors. To fix those er- down I think and smiling right now on we must ensure that all of these de- rors, the other body passed S. 3828 to this legislation are Karen Peltz vices are accessible to the deaf and the make corrections to their work. Strauss, Rosaline Crawford, Jenifer blind in our society. That’s what this As corrected, S. 3304, like the House Simpson, Eric Bridges, Mark Richert, legislation does here this evening. bill, includes language explicitly stat- Larry Goldberg, Steve Rothstein from Annie Sullivan was an incredibly ing that the new provisions of the law the Perkins School, and Mike Festa at dedicated and determined teacher. shall not be construed to require every the Carroll Center. Incredible advo- Now, technology needs to be the teach- feature and function, of every device or cates, and the conscience of this issue, er, the constant companion providing service, to be accessible for every dis- why we’re here. I thank all who worked instruction and access to the world and ability. Furthermore, the law will cre- on this legislation. opportunities that otherwise would be ate goals rather than impose tech- I urge an ‘‘aye’’ vote. out of reach. Helen Keller did learn to nology mandates, which will allow in- I yield back the balance of my time. speak—and Helen Keller is still speak- novation in this area to flourish. In Mr. BURGESS. Mr. Speaker, I have ing to us tonight—about how all of us that same spirit, it allows manufactur- no further requests for time, and I should make the most of our abilities ers and providers to rely on third-party yield back the balance of my time. and participate in society to the full- solutions in order to achieve accessi- The SPEAKER pro tempore. The est, but we need the technologies to bility for people with disabilities. question is on the motion offered by make that possible being made acces- However, all businesses and their the gentleman from Massachusetts sible to each American. products are not created equal. This (Mr. MARKEY) that the House suspend The bill we are considering tonight bill recognizes that some small busi- the rules and pass the bill, S. 3304. significantly increases accessibility for nesses and fledgling entrepreneurs may The question was taken; and (two- Americans with disabilities to the in- not be able to bear the financial burden thirds being in the affirmative) the dispensable telecommunications and of these new requirements, so there is rules were suspended and the bill was video technology tools of the 21st cen- the possibility of exemptions for small passed. tury by making getting on the Web businesses. The legislation also con- A motion to reconsider was laid on easier through improved user inter- templates waivers for some multi- the table. faces for smartphones; enabling Ameri- function devices that are not primarily f cans who are blind to enjoy TV more designed for advanced communica- MAKING TECHNICAL CORRECTIONS fully through audible descriptions of tions, as well as authorizes the Federal IN THE TWENTY-FIRST CENTURY the on-air action; making cable TV Communications Commission to grant COMMUNICATIONS AND VIDEO program guides and selection menus waivers to address concerns of the elec- ACCESSIBILITY ACT OF 2010 accessible to people with vision loss; tronics community about very small Mr. MARKEY of Massachusetts. Mr. providing Americans who are deaf the devices. Speaker, I move to suspend the rules ability to watch new TV programs on- I, again, want to thank the majority and pass the bill (S. 3828) to make tech- line with the captions included; man- for working together on this bill. I nical corrections in the Twenty-First dating that remote controls have a wish the rest of the legislation that has Century Communications and Video button or similar mechanism to easily been considered in this Congress could Accessibility Act of 2010 and the access the closed captioning on broad- have been dealt with in such a collabo- amendments made by that Act. cast and pay TV; requiring that rative process. The Clerk read the title of the bill. telecom equipment used to make calls With that, Mr. Speaker, I ask my col- The text of the bill is as follows: over the Internet is compatible with leagues to support the bill. S. 3828 hearing aids; and for low-income Amer- I reserve the balance of my time. Be it enacted by the Senate and House of Rep- icans who are deaf and blind, providing GENERAL LEAVE resentatives of the United States of America in a share of the total $10 million per year Mr. MARKEY of Massachusetts. Mr. Congress assembled, of funding to purchase accessible Inter- Speaker, I ask unanimous consent that SECTION 1. AMENDMENT OF TWENTY-FIRST CEN- net access and telecom services so all Members may have 5 legislative TURY COMMUNICATIONS AND VIDEO these individuals can more fully par- days in which to revise and extend ACCESSIBILITY ACT OF 2010. ticipate in our society. their remarks and include extraneous The Twenty-First Century Communica- tions and Video Accessibility Act of 2010 is I thank my colleagues for their sup- material on S. 3304. port for this landmark legislation. amended— The SPEAKER pro tempore. Is there (1) by striking the item relating to section I reserve the balance of my time. objection to the request of the gen- 105 in the table of contents in section 1(b) Mr. BURGESS. Mr. Speaker, I yield tleman from Massachusetts? and inserting the following: myself such time as I may consume. There was no objection. ‘‘Sec. 105. Relay services for deaf-blind indi- This bill will help Americans with Mr. MARKEY of Massachusetts. I viduals.’’; hearing or vision disabilities, or those yield myself such time as I may con- (2) by striking ‘‘requirement’’ in section who have both, allow them access to sume. 201(e)(1)(B) and inserting ‘‘objectives’’; 21st century technology and prohibit This bill has been several years in (3) by striking ‘‘requirement’’ in section the Federal Communications Commis- the making. It’s going to have a trans- 201(e)(2)(B) and inserting ‘‘objectives’’; sion from mandating proprietary tech- formative effect on the lives of the deaf (4) by inserting ‘‘or digital broadcast tele- nologies, relying instead on advisory and the blind in our country, and ulti- vision’’ after ‘‘protocol’’ in section committees and industry-developed mately in the world, because the tech- 201(e)(2)(C); and (5) by inserting ‘‘or digital broadcast tele- technical standards. nologies we develop here will help all The members of the House Energy vision’’ after ‘‘protocol’’ in section of the deaf and blind be able to use in- 201(e)(2)(E). and Commerce Committee, on a bipar- formation in this wireless world that SEC. 2. AMENDMENT OF COMMUNICATIONS ACT tisan basis, supported this legislation all information is now migrating to. OF 1934. when it moved through the committee 2120 The Communications Act of 1934 (47 U.S.C. and the House in July. I want to com- b 151 et seq.), as amended by the Twenty-First mend my colleagues on the other side I want to thank Roger Sherman, Tim Century Communications and Video Accessi- of the aisle for working with the mi- Powderly, Sarah Fisher, Amy Levine bility Act of 2010, is amended— nority and with all of the stakeholders on the Democratic side. Neil Fried and (1) by striking ‘‘do not’’ in section 716(d); to get a consensus. Because of that Will Carty on the Republican side for (2) by striking ‘‘facilities’’ in section their great work. To Colin Crowell on 716(e)(1)(D and inserting ‘‘facilitate’’; work, the bill originally passed this (3) by striking ‘‘provider in the manner House by a vote of 348–23. my staff for many years, who helped to prescribed in paragraph (3),’’ in section We are now considering the Senate conceptualize what it is that we are 717(a)(5)(C) and inserting ‘‘provider,’’; version in an effort to move the bill doing today. And especially to Mark (4) by striking ‘‘Equal Access to 21st Cen- quickly to the President. Unfortu- Bayer on my staff, who has worked tury Communications Act’’ in section 719(a)

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.266 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7177 and inserting ‘‘Twenty-First Century Com- the gentleman from Massachusetts years and may be extended for additional peri- munications and Video Accessibility Act of (Mr. MARKEY) that the House suspend ods of 5 years each, with enhanced funding op- 2010’’; the rules and pass the bill, S. 3828. portunities based on a review of the operations (5) by inserting ‘‘low-income’’ after ‘‘acces- The question was taken; and (two- by an appropriate scientific review.’’. sible by’’ in section 719(a); thirds being in the affirmative) the The SPEAKER pro tempore. Pursu- (6) by striking ‘‘and’’ in section 713(f)(2)(A) ant to the rule, the gentleman from and inserting ‘‘such’’; rules were suspended and the bill was (7) by inserting ‘‘have’’ after ‘‘that’’ the passed. New Jersey (Mr. PALLONE) and the gen- first place it appears in section 713(f)(2)(B); A motion to reconsider was laid on tleman from Texas (Mr. BURGESS) each (8) by inserting ‘‘and Commerce’’ after the table. will control 20 minutes. ‘‘Energy’’ in section 713(f)(4)(C)(iii); The Chair recognizes the gentleman f (9) by striking ‘‘programming distribu- from New Jersey. tion’’’ in section 713(c)(2)(D)(iii) and insert- PEDIATRIC RESEARCH CONSORTIA GENERAL LEAVE ing ‘‘programming distributors’’’; ESTABLISHMENT ACT Mr. PALLONE. Mr. Speaker, I ask (10) by striking ‘‘progamming’’ in section Mr. PALLONE. Mr. Speaker, I move unanimous consent that all Members 713(c)(2)(D)(v) and inserting ‘‘programming’’; may have 5 legislative days in which to (11) by striking ‘‘and video description sig- to suspend the rules and pass the bill nals and make’’ in section 713(c)(2)(D)(vi) and (H.R. 758) to amend title IV of the Pub- revise and extend their remarks and in- inserting ‘‘and makes’’; lic Health Service Act to provide for clude extraneous material in the (12) by striking ‘‘by’’ in section 303(aa)(3) the establishment of pediatric research RECORD. and inserting ‘‘for’’; consortia, as amended. The SPEAKER pro tempore. Is there (13) by striking ‘‘and’’ after the semicolon The Clerk read the title of the bill. objection to the request of the gen- in section 303(bb)(1); The text of the bill is as follows: tleman from New Jersey? (14) by striking ‘‘features.’’ in section There was no objection. 303(bb)(2) and inserting ‘‘features; and’’; and H.R. 758 Mr. PALLONE. Mr. Speaker, I yield (15) by striking the matter following sub- Be it enacted by the Senate and House of Rep- myself such time as I may consume. division (2) of section 303(bb) and inserting resentatives of the United States of America in I rise today in strong support of H. Congress assembled, the following: Res. 758, the Pediatric Research Con- ‘‘(3) that, with respect to navigation device SECTION 1. SHORT TITLE. sortia Establishment Act. The goal of features and functions— This Act may be cited as the ‘‘Pediatric Re- ‘‘(A) delivered in software, the require- search Consortia Establishment Act’’. H.R. 758 is to enhance the Nation’s re- search program into pediatric condi- ments set forth in this subsection shall apply SEC. 2. NATIONAL PEDIATRIC RESEARCH CON- to the manufacturer of such software; and SORTIA. tions by creating a strong research in- ‘‘(B) delivered in hardware, the require- Subpart 7 of part C of title IV of the Public frastructure. I urge my colleagues to ments set forth in this subsection shall apply Health Service Act (42 U.S.C. 285g et seq.) is support this bill. to the manufacturer of such hardware.’’. amended by adding at the end the following: I reserve the balance of my time. The SPEAKER pro tempore. Pursu- ‘‘SEC. 452H. NATIONAL PEDIATRIC RESEARCH Mr. BURGESS. Mr. Speaker, H.R. 758, ant to the rule, the gentleman from CONSORTIA. the Pediatric Research Consortia Es- Massachusetts (Mr. MARKEY) and the ‘‘(a) IN GENERAL.—The Director of NIH, act- tablishment Act, would allow the Na- gentleman from Texas (Mr. BURGESS) ing through the Director of the Eunice Kennedy tional Institutes of Health to support each will control 20 minutes. Shriver National Institute of Child Health and up to 20 national pediatric research Human Development and in collaboration with The Chair recognizes the gentleman consortia that would conduct vital pe- from Massachusetts. all other Institutes of the National Institutes of Health that support pediatric research, may, diatric research. Specifically, the Pedi- GENERAL LEAVE subject to the availability of funds, award atric Research Consortia Establish- Mr. MARKEY of Massachusetts. Mr. grants, contracts, or cooperative agreements to ment Act would allow but not require Speaker, I ask unanimous consent that public or nonprofit private entities to pay all or the National Institutes of Health all Members may have 5 legislative part of the cost of planning, establishing, and award grants to public or nonprofit pri- days in which to revise and extend providing basic operating support for up to 20 vate entities to pay for the cost of their remarks and include extraneous national pediatric research consortia. The Di- planning, establishing, and providing a materials in the RECORD. rector of NIH shall take unmet research needs into account when making awards under this basic operating support for up to 20 na- The SPEAKER pro tempore. Is there tional pediatric research consortia. objection to the request of the gen- section. ‘‘(b) RESEARCH.—Research conducted under These consortia would conduct basic tleman from Massachusetts? clinical, behavioral, social, and There was no objection. this section shall supplement, but not replace, Mr. MARKEY of Massachusetts. I research that is otherwise conducted or sup- translational research. They could also ported as part of the comprehensive pediatric re- provide training on advanced diag- rise in support of this legislation to search portfolio of entities receiving awards make corrections to the bill that the nostic and treatment methods relating under subsection (a). Consortia established to pediatrics. The consortia will foster House just passed. The corrections are under subsection (a) shall, in the aggregate, technical in nature, and once this bill conduct basic, clinical, behavioral, social, or efficiency and collaboration at all lev- passes, the House will send to the translational research to meet unmet research els of pediatric research, and they will President landmark legislation to up- needs, as well as training in and demonstration provide patients with greater access to date our country’s accessibility laws of advanced diagnostic and treatment methods vital research. for the Internet age. relating to pediatrics, as appropriate. I urge my colleagues to support the Again, I thank the minority for their ‘‘(c) COORDINATION OF CONSORTIA REPORTS.— bill. cooperation on this historic legisla- The Director of NIH shall— I yield back the balance of my time. ‘‘(1) as appropriate, provide for the coordina- tion. It does show what good can be Mr. PALLONE. Mr. Speaker, I urge tion of information among consortia established support for the bill and yield back the done when this institution works as it under subsection (a) and ensure regular commu- should. I thank my colleagues for their balance of my time. nication between such consortia; and The SPEAKER pro tempore. The support. ‘‘(2) require the periodic preparation of re- I reserve the balance of my time. ports on the activities of the consortia and the question is on the motion offered by Mr. BURGESS. Mr. Speaker, I also submission of the reports to the Director. the gentleman from New Jersey (Mr. urge our colleagues to support the ‘‘(d) ORGANIZATION OF CONSORTIUM.—Each PALLONE) that the House suspend the technical corrections which are nec- consortium established under subsection (a) rules and pass the bill, H.R. 758, as essary for the previously passed bill. I shall be formed from a collaboration of cooper- amended. yield back the balance of my time. ating institutions with a lead institution, meet- The question was taken. Mr. MARKEY of Massachusetts. Mr. ing such requirements as may be prescribed by The SPEAKER pro tempore. In the Speaker, I have no further requests for the Director of NIH, including participation in opinion of the Chair, two-thirds being a network of such consortia. time, so with the request that this in the affirmative, the ayes have it. ‘‘(e) LIMITATION.—Payments under subsection Mr. BURGESS. Mr. Speaker, I object body in unison vote ‘‘aye’’ on this his- (a) shall not exceed $2,500,000 per year for each toric legislation, I yield back the bal- consortium in the first 5-year cycle. to the vote on the ground that a ance of my time. ‘‘(f) DURATION OF PAYMENTS.—Payments quorum is not present and make the The SPEAKER pro tempore. The under subsection (a) for a consortium may be point of order that a quorum is not question is on the motion offered by provided under this section for a period of 5 present.

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.187 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7178 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The SPEAKER pro tempore. Pursu- Mr. PALLONE. Mr. Speaker, I yield GESTATIONAL DIABETES ACT OF ant to clause 8 of rule XX and the myself such time as I may consume. 2010 Chair’s prior announcement, further I rise today, Mr. Speaker, in strong Mr. PALLONE. Mr. Speaker, I move proceedings on this motion will be support of H.R. 2999, the Veterinary to suspend the rules and pass the bill postponed. Public Health Amendments of 2010. (H.R. 5354) to establish an Advisory The point of no quorum is considered Veterinary medicine is an important Committee on Gestational Diabetes, to withdrawn. component of our human public health provide grants to better understand f system. From H1N1 to SARS to food and reduce gestational diabetes, and safety, public health veterinarians are for other purposes, as amended. VETERINARY PUBLIC HEALTH critical to our protection of human AMENDMENTS ACT OF 2010 The Clerk read the title of the bill. health. The text of the bill is as follows: Mr. PALLONE. Mr. Speaker, I move This bill would ensure that veteri- H.R. 5354 to suspend the rules and pass the bill nary public health professionals are el- (H.R. 2999) to amend the Public Health igible for two important public health Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Service Act to enhance and increase workforce programs, but only to the Congress assembled, the number of veterinarians trained in extent that the work of these veteri- SECTION 1. SHORT TITLE. veterinary public health, as amended. narians has an impact on human This Act may be cited as the ‘‘Gestational Di- The Clerk read the title of the bill. health. I commend Representative abetes Act of 2010’’ or the ‘‘GEDI Act’’. The text of the bill is as follows: BALDWIN for her leadership on this leg- SEC. 2. GESTATIONAL DIABETES. H.R. 2999 islation. I urge my colleagues to sup- Part B of title III of the Public Health Service Be it enacted by the Senate and House of Rep- port the bill. Act (42 U.S.C. 243 et seq.) is amended by adding resentatives of the United States of America in I reserve the balance of my time. after section 317H the following: Congress assembled, b 2130 ‘‘SEC. 317H–1. GESTATIONAL DIABETES. SECTION 1. SHORT TITLE. ‘‘(a) UNDERSTANDING AND MONITORING GESTA- This Act may be cited as the ‘‘Veterinary Pub- Mr. BURGESS. Mr. Speaker, H.R. TIONAL DIABETES.— lic Health Amendments Act of 2010’’. 2999, the Veterinary Public Health ‘‘(1) IN GENERAL.—The Secretary, acting SEC. 2. INCLUSION OF VETERINARY PUBLIC Workforce and Education Act, would through the Director of the Centers for Disease HEALTH IN CERTAIN PUBLIC take important steps to increase the Control and Prevention, in consultation with HEALTH WORKFORCE PROVISIONS. number of public health veterinarians. the Diabetes Mellitus Interagency Coordinating (a) PUBLIC HEALTH WORKFORCE GRANTS.— Food animal veterinarians play a Committee established under section 429 and Subsections (b)(1)(A) and (d)(6) of section 765 of representatives of appropriate national health vital role in public health, and experts organizations, shall develop a multisite gesta- the Public Health Service Act (42 U.S.C. 295) are have said that there is a major short- amended by inserting ‘‘veterinary public tional diabetes research project within the dia- health,’’ after ‘‘preventive medicine,’’ each age. This shortage will have a negative betes program of the Centers for Disease Control place it appears. impact on our public health, including and Prevention to expand and enhance surveil- (b) PUBLIC HEALTH WORKFORCE LOAN REPAY- the safety of our Nation’s food supply. lance data and public health research on gesta- MENT PROGRAM.— This legislation will help us solve that tional diabetes. (1) IN GENERAL.—Subparagraphs (A) and (B) problem. ‘‘(2) AREAS TO BE ADDRESSED.—The research of section 776(b)(1) of the Public Health Service H.R. 2999 would allow those seeking project developed under paragraph (1) shall ad- Act (42 U.S.C. 295f-1(b)(1)) are amended by dress— veterinary public health degrees to be ‘‘(A) procedures to establish accurate and effi- striking ‘‘public health or health professions de- eligible for public health workforce gree or certificate’’ each place it appears and in- cient systems for the collection of gestational di- serting ‘‘public health (including veterinary loan repayment programs. It would abetes data within each State and common- public health) or health professions degree or also permit the Secretary of Health wealth, territory, or possession of the United certificate’’. and Human Services to award training States; (2) TECHNICAL CORRECTION.—Subparagraph grants to increase the veterinary pub- ‘‘(B) the progress of collaborative activities (A) of section 776(b)(1) of the Public Health lic health workforce. with the National Vital Statistics System, the Service Act (42 U.S.C. 295f-1(b)(1)) is amended On committee we worked in a bipar- National Center for Health Statistics, and State by adding ‘‘or’’ at the end. tisan basis to ensure that it is crystal health departments with respect to the standard birth certificate, in order to improve surveillance (c) DEFINITION.—Section 799B of the Public clear that our Nation’s food animal Health Service Act (42 U.S.C. 295p) is amended of gestational diabetes; by adding at the end the following: veterinarians will be eligible for pro- ‘‘(C) postpartum methods of tracking women ‘‘(27) VETERINARY PUBLIC HEALTH.—The term grams under this bill. We need more with gestational diabetes after delivery as well ‘veterinary public health’ includes veterinarians food animal veterinarians, and this will as targeted interventions proven to lower the in- engaged in one or more of the following areas to help us get there. I urge my colleagues cidence of type 2 diabetes in that population; the extent such areas have an impact on human to support this bill. ‘‘(D) variations in the distribution of diag- health: biodefense and emergency preparedness, I yield back the balance of my time. nosed and undiagnosed gestational diabetes, emerging and reemerging infectious diseases, en- Mr. PALLONE. Mr. Speaker, I also and of impaired fasting glucose tolerance and vironmental health, ecosystem health, pre- and yield back the balance of my time and impaired fasting glucose, within and among post-harvest food protection, regulatory medi- groups of women; and urge passage of the bill. ‘‘(E) factors and culturally sensitive interven- cine, diagnostic laboratory medicine, veterinary The SPEAKER pro tempore. The pathology, biomedical research, the practice of tions that influence risks and reduce the inci- food animal medicine in rural areas, and gov- question is on the motion offered by dence of gestational diabetes and related com- ernment practice.’’. the gentleman from New Jersey (Mr. plications during childbirth, including cultural, PALLONE) that the House suspend the behavioral, racial, ethnic, geographic, demo- The SPEAKER pro tempore. Pursu- rules and pass the bill, H.R. 2999, as graphic, socioeconomic, and genetic factors. ant to the rule, the gentleman from amended. ‘‘(3) REPORT.—Not later than 2 years after the New Jersey (Mr. PALLONE) and the gen- The question was taken. date of the enactment of this section, and annu- tleman from Texas (Mr. BURGESS) each The SPEAKER pro tempore. In the ally thereafter, the Secretary shall generate a will control 20 minutes. report on the findings and recommendations of opinion of the Chair, two-thirds being the research project including prevalence of ges- The Chair recognizes the gentleman in the affirmative, the ayes have it. from New Jersey. tational diabetes in the multisite area and dis- Mr. BURGESS. Mr. Speaker, I object seminate the report to the appropriate Federal GENERAL LEAVE to the vote on the ground that a and non-Federal agencies. Mr. PALLONE. Mr. Speaker, I ask quorum is not present and make the ‘‘(b) EXPANSION OF GESTATIONAL DIABETES unanimous consent that all Members point of order that a quorum is not RESEARCH.— may have 5 legislative days in which to present. ‘‘(1) IN GENERAL.—The Secretary shall expand revise and extend their remarks and in- The SPEAKER pro tempore. Pursu- and intensify public health research regarding clude extraneous material in the ant to clause 8 of rule XX and the gestational diabetes. Such research may in- clude— RECORD. Chair’s prior announcement, further ‘‘(A) developing and testing novel approaches The SPEAKER pro tempore. Is there proceedings on this motion will be for improving postpartum diabetes testing or objection to the request of the gen- postponed. screening and for preventing type 2 diabetes in tleman from New Jersey? The point of no quorum is considered women with a history of gestational diabetes; There was no objection. withdrawn. and

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\CR\FM\K28SE7.273 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7179 ‘‘(B) conducting public health research to fur- abetes, and its complications in the practice set- mittee staff for their hard work on the ther understanding of the epidemiologic, tings of the health care providers. bill before us today. socioenvironmental, behavioral, translation, ‘‘(5) REPORT.—Not later than 4 years after the As an obstetrician, I have witnessed and biomedical factors and health systems that date of the enactment of this section, the Sec- influence the risk of gestational diabetes and retary shall prepare and submit to the Congress the effect of gestational diabetes on the development of type 2 diabetes in women a report concerning the results of the dem- both mother and child. Gestational dia- with a history of gestational diabetes. onstration projects conducted through the betes is a growing problem, and we ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— grants awarded under this subsection. really don’t know why. Unlike type 2 There is authorized to be appropriated to carry ‘‘(6) DEFINITION OF ELIGIBLE ENTITY.—In this diabetes, gestational diabetes has a out this subsection $5,000,000 for each fiscal subsection, the term ‘eligible entity’ means a very different issue, requiring a unique year 2012 through 2016. nonprofit organization (such as a nonprofit approach. ‘‘(c) DEMONSTRATION GRANTS TO LOWER THE academic center or community health center) or RATE OF GESTATIONAL DIABETES.— a State, tribal, or local health agency. Gestational diabetes affects between ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 2 and 5 percent of pregnant women, through the Director of the Centers for Disease There is authorized to be appropriated to carry about 135,000 cases in the United States Control and Prevention, shall award grants, on out this subsection $5,000,000 for each fiscal each year, and usually occurs late in a competitive basis, to eligible entities for dem- year 2012 through 2016. pregnancy. If left untreated, gesta- onstration projects that implement evidence- ‘‘(d) POSTPARTUM FOLLOW-UP REGARDING tional diabetes can have a significant based interventions to reduce the incidence of GESTATIONAL DIABETES.—The Secretary, acting impact on both mother and child. through the Director of the Centers for Disease gestational diabetes, the recurrence of gesta- Women and children affected by gesta- tional diabetes in subsequent pregnancies, and Control and Prevention, shall work with the the development of type 2 diabetes in women State- and tribal-based diabetes prevention and tional diabetes are at higher risk of de- with a history of gestational diabetes. control programs assisted by the Centers to en- veloping type 2 diabetes, and it is asso- ‘‘(2) PRIORITY.—In making grants under this courage postpartum follow-up after gestational ciated with additional health problems subsection, the Secretary shall give priority to diabetes, as medically appropriate, for the pur- for both mother and child during both projects focusing on— pose of reducing the incidence of gestational di- pregnancy and childbirth. ‘‘(A) helping women who have 1 or more risk abetes, the recurrence of gestational diabetes in In addition, once a mother contracts factors for developing gestational diabetes; subsequent pregnancies, the development of type ‘‘(B) working with women with a history of 2 diabetes in women with a history of gesta- gestational diabetes, her chances are 2 gestational diabetes during a previous preg- tional diabetes, and related complications.’’. in 3 that it may return in future preg- nancies. That is why this act, the Ges- nancy; The SPEAKER pro tempore. Pursu- ‘‘(C) providing postpartum care for women tational Diabetes Act of 2009, is a vital ant to the rule, the gentleman from with gestational diabetes; investment in our future. This bill will New Jersey (Mr. PALLONE) and the gen- ‘‘(D) tracking cases where women with a his- allow for the collection of data and the tleman from Texas (Mr. BURGESS) each tory of gestational diabetes developed type 2 di- study of risk factors, as well as contin- abetes; will control 20 minutes. ued postpartum evaluations, with the ‘‘(E) educating mothers with a history of ges- The Chair recognizes the gentleman tational diabetes about the increased risk of from New Jersey. goal of developing proven intervention their child developing diabetes; strategies that will lower the rates of GENERAL LEAVE ‘‘(F) working to prevent gestational diabetes gestational diabetes. Mr. PALLONE. Mr. Speaker, I ask and prevent or delay the development of type 2 For example, maternal obesity is an unanimous consent that all Members diabetes in women with a history of gestational independent and more important risk may have 5 legislative days in which to diabetes; and factor for large infants and women ‘‘(G) achieving outcomes designed to assess revise and extend their remarks and in- with gestational diabetes than it is the efficacy and cost-effectiveness of interven- clude extraneous material in the with simple glucose intolerance. tions that can inform decisions on long-term RECORD. sustainability, including third-party reimburse- The SPEAKER pro tempore. Is there This legislation has the support of ment. objection to the request of the gen- many groups, including the American ‘‘(3) APPLICATION.—An eligible entity desiring Diabetes Association, the American to receive a grant under this subsection shall tleman from New Jersey? There was no objection. Association of Diabetes Educators, the submit to the Secretary— American College of Obstetricians and ‘‘(A) an application at such time, in such Mr. PALLONE. Mr. Speaker, I yield manner, and containing such information as the myself such time as I may consume. Gynecologists. Secretary may require; and Mr. Speaker, as many as 135,000 There is currently an insufficient ‘‘(B) a plan to— women in the United States each year system for monitoring cases of gesta- ‘‘(i) lower the rate of gestational diabetes dur- develop gestational diabetes, and this tional diabetes to uncover trends and ing pregnancy; or number is steadily growing. Many target at-risk populations. ‘‘(ii) develop methods of tracking women with This legislation will go beyond what a history of gestational diabetes and develop ef- women who have had gestational diabe- fective interventions to lower the incidence of tes later developed type 2 diabetes. Ba- we do know and promote public health the recurrence of gestational diabetes in subse- bies born to women with gestational research to understand the epidemio- quent pregnancies and the development of type diabetes are also at risk for high birth logical, socioenvironmental, behav- 2 diabetes. weight. ioral, translation, and biomedical fac- ‘‘(4) USES OF FUNDS.—An eligible entity receiv- The Gestational Diabetes Act, spon- tors that influence the risk of gesta- ing a grant under this subsection shall use the sored by Representatives ENGEL and tional diabetes and type 2 diabetes. grant funds to carry out demonstration projects Current treatments are primarily fo- described in paragraph (1), including— BURGESS, will expand research and ‘‘(A) expanding community-based health pro- grant resources available through the cused on diet and exercise, but there is motion education, activities, and incentives fo- Department of Health and Human general disagreement about the degree cused on the prevention of gestational diabetes Services to fight this dangerous dis- to which each should be recommended and development of type 2 diabetes in women ease. It is an important piece of legis- and the overall effectiveness of this ap- with a history of gestational diabetes; lation. I urge my colleagues to support proach. There needs to be greater un- ‘‘(B) aiding State- and tribal-based diabetes the bill. derstanding by both providers and pa- prevention and control programs to collect, ana- Mr. Speaker, I reserve the balance of tients on how to prevent and treat this lyze, disseminate, and report surveillance data condition. New therapies and interven- on women with, and at risk for, gestational dia- my time. betes, the recurrence of gestational diabetes in Mr. BURGESS. Mr. Speaker, I yield tions to detect, treat and slow the inci- subsequent pregnancies, and, for women with a myself as much time as I may con- dence of gestational diabetes need to history of gestational diabetes, the development sume. be identified. Through targeted re- of type 2 diabetes; and I rise today in strong support of H.R. search we will be able to identify trig- ‘‘(C) training and encouraging health care 5354. I worked on this bill with Mr. gers that result in gestational diabetes providers— ENGEL. This bill has gone through reg- in women with no previous risk fac- ‘‘(i) to promote risk assessment, high-quality ular order and passed the Energy and tors. Given the tremendous impact for care, and self-management for gestational dia- this disease, I urge support of the legis- betes and the recurrence of gestational diabetes Commerce Committee unanimously, in subsequent pregnancies; and and I thank all of the staff involved, lation. ‘‘(ii) to prevent the development of type 2 dia- from the personal staff levels of Mr. Mr. Speaker, I reserve the balance of betes in women with a history of gestational di- ENGEL’s office and mine, and the com- my time.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.193 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7180 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Mr. PALLONE. Mr. Speaker, I yield ‘‘(A) recognize the signs of a substance abuse (7) in subsection (s) (as so redesignated), by back the balance of my time and urge disorder; and striking ‘‘such sums as may be necessary to fis- passage of the bill. ‘‘(B) apply evidence-based practices for cal years 2001 through 2003’’ and inserting Mr. BURGESS. Mr. Speaker, seeing screening and treating individuals with or at- ‘‘$16,000,000 for fiscal year 2012, $16,500,000 for risk for developing an addiction, including ad- fiscal year 2013, $17,000,000 for fiscal year 2014, no further speakers on my time, I will diction to methamphetamine or other drugs;’’. $17,500,000 for fiscal year 2015, and $18,000,000 just say the increased incidence in the SEC. 3. RESIDENTIAL TREATMENT PROGRAMS for fiscal year 2016’’. United States has raised the preva- FOR PREGNANT AND PARENTING SEC. 4. WORKPLACE INFORMATION CLEARING- lence, but the risk of gestational diabe- WOMEN. HOUSE. tes can also be due to genetics, eth- Section 508 of the Public Health Service Act Section 515(b) of the Public Health Service Act nicity, and maternal age. The rates of (42 U.S.C. 290bb–1) is amended— (42 U.S.C. 290bb–21(b)) is amended— gestational diabetes are higher among (1) in subsection (a)— (1) in paragraph (10), by striking ‘‘and’’ at (A) in the matter preceding paragraph (1), by women of African American, Hispanic, the end; striking ‘‘postpartum women treatment for sub- (2) by redesignating paragraph (11) as para- Asian and Native American descent. In stance abuse’’ and inserting ‘‘parenting women graph (13); and addition, there is currently an insuffi- treatment for substance abuse (including treat- (3) by inserting after paragraph (10) the fol- cient system for monitoring cases of ment for addiction to methamphetamine)’’; lowing new paragraph: gestational diabetes, which this legis- (B) in paragraph (1), by striking ‘‘reside in’’ ‘‘(11) maintain a clearinghouse that provides lation will begin to correct. and inserting ‘‘reside in or receive outpatient information and educational materials to em- Mr. Speaker, I yield back the balance treatment services from’’; and ployers and employees about comprehensive of my time. (C) in paragraph (2), by striking ‘‘the minor drug-free workplace programs and substance children of the women reside with the women in abuse prevention and treatment resources;’’. The SPEAKER pro tempore. The such facilities’’ and inserting ‘‘the minor chil- question is on the motion offered by SEC. 5. YOUTH INVOLVEMENT IN PREVENTION dren of the women who reside in such facilities STRATEGIES. the gentleman from New Jersey (Mr. reside with such women’’; Section 515(b) of the Public Health Service Act PALLONE) that the House suspend the (2) in subsection (d), by amending paragraph (42 U.S.C. 290bb–21(b)), as amended by section 4, rules and pass the bill, H.R. 5354, as (2) to read as follows: is further amended by inserting after paragraph amended. ‘‘(2) Referrals for necessary hospital and den- (11) the following new paragraph: The question was taken. tal services.’’; ‘‘(12) support the involvement of youth in the The SPEAKER pro tempore. In the (3) by amending subsection (m) to read as fol- development and implementation of prevention lows: opinion of the Chair, two-thirds being strategies focused on youth, with regard to ‘‘(m) ALLOCATION OF AWARDS.—In making methamphetamine and other drugs; and’’. in the affirmative, the ayes have it. awards under subsection (a), the Director shall Mr. BURGESS. Mr. Speaker, I object give priority to any entity that agrees to use the The SPEAKER pro tempore. Pursu- to the vote on the ground that a award for a program serving an area that— ant to the rule, the gentleman from quorum is not present and make the ‘‘(1) is a rural area, an area designated under New Jersey (Mr. PALLONE) and the gen- point of order that a quorum is not section 332 by the Administrator of the Health tleman from Texas (Mr. BURGESS) each present. Resources and Services Administration as a will control 20 minutes. The SPEAKER pro tempore. Pursu- health professional shortage area with a short- The Chair recognizes the gentleman age of mental health professionals, or an area from New Jersey. ant to clause 8 of rule XX and the determined by the Director to have a shortage of Chair’s prior announcement, further family-based substance abuse treatment options; GENERAL LEAVE proceedings on this motion will be and Mr. PALLONE. Mr. Speaker, I ask postponed. ‘‘(2) is determined by the Director to have unanimous consent that all Members The point of no quorum is considered high rates of addiction to methamphetamine or may have 5 legislative days in which to withdrawn. other drugs.’’; revise and extend their remarks and in- (4) in subsection (p)— clude extraneous material in the f (A) by striking ‘‘October 1, 1994’’ and insert- RECORD. METHAMPHETAMINE EDUCATION, ing ‘‘one year after the date of the enactment of The SPEAKER pro tempore. Is there TREATMENT, AND HOPE ACT OF the Methamphetamine Education, Treatment, objection to the request of the gen- 2010 and Hope Act of 2010’’ ; (B) by inserting ‘‘In submitting reports under tleman from New Jersey? Mr. PALLONE. Mr. Speaker, I move this subsection, the Director may use data col- There was no objection. to suspend the rules and pass the bill lected under this section or other provisions of Mr. PALLONE. Mr. Speaker, I yield (H.R. 2818) to amend the Public Health law, insofar as such data is used in a manner myself such time as I may consume. Service Act to provide for the estab- consistent with all Federal privacy laws appli- I rise today in strong support of H.R. cable to the use of data collected under this sec- lishment of a drug-free workplace in- 2818, the Methamphetamine Education, formation clearinghouse, to support tion or other provision, respectively.’’ after ‘‘bi- ennial report under section 501(k).’’; and Treatment and Hope Act, or METH residential methamphetamine treat- (C) by striking ‘‘Each report under this sub- Act, introduced by Representative ment programs for pregnant and par- section shall include’’ and all that follows and MCNERNEY. This bill reauthorizes and enting women, to improve the preven- inserting ‘‘Each report under this subsection updates HHS programs for family- tion and treatment of methamphet- shall, with respect to the period for which the based substance abuse treatment, amine addiction, and for other pur- report is prepared, include the following: workplace education, and youth. poses, as amended. ‘‘(1) A summary of any evaluations conducted Mr. Speaker, I reserve the balance of under subsection (o). The Clerk read the title of the bill. my time. The text of the bill is as follows: ‘‘(2) Data on the number of pregnant and par- enting women in need of, but not receiving, Mr. BURGESS. Mr. Speaker, H.R. H.R. 2818 treatment for substance abuse. Such data shall 2818, the Methamphetamine Education, Be it enacted by the Senate and House of Rep- include, but not be limited to, the number of Treatment and Hope Act, would reau- resentatives of the United States of America in pregnant and parenting women in need of, but thorize the residential treatment pro- Congress assembled, not receiving, treatment for methamphetamine gram for pregnant and low-income SECTION 1. SHORT TITLE. abuse, disaggregated by State and tribe. women. Currently, the program is only This Act may be cited as the ‘‘Methamphet- ‘‘(3) Data on recovery and relapse rates of available for those receiving inpatient women receiving treatment for substance abuse amine Education, Treatment, and Hope Act of drug addiction treatment. This legisla- 2010’’. under programs carried out pursuant to this sec- tion would expand the scope to women SEC. 2. ENHANCING HEALTH CARE PROVIDER tion, including data disaggregated with respect AWARENESS OF METHAMPHETAMINE to treatment for methamphetamine abuse.’’; who are receiving outpatient treat- ADDICTION. (5) by redesignating subsections (q) and (r) as ment. Section 507(b) of the Public Health Service Act subsections (r) and (s), respectively; According to the Substance Abuse (42 U.S.C. 290bb(b)) is amended— (6) by inserting after subsection (p) the fol- and Mental Health Services Adminis- (1) by redesignating paragraphs (13) and (14) lowing: tration, methamphetamine is a stimu- as paragraphs (14) and (15), respectively; and ‘‘(q) METHAMPHETAMINE ADDICTION.—In car- lant that is highly addictive. The drug (2) by inserting after paragraph (12) the fol- rying out this section, the Director shall ex- lowing: pand, intensify, and coordinate efforts to pro- can have a severe impact on an individ- ‘‘(13) collaborate with professionals in the ad- vide pregnant and parenting women treatment ual’s physical and mental well-being. diction field and primary health care providers for addiction to methamphetamine or other Under the legislation, priority for the to raise awareness about how to— drugs.’’; and grants would be given to programs in

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.278 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7181 rural areas and mental health profes- The SPEAKER pro tempore. In the resolution (H. Res. 1485) expressing sup- sional shortage areas that have high opinion of the Chair, two-thirds being port for designation of September 2010 rates of addiction to methamphet- in the affirmative, the ayes have it. as ‘‘National Prostate Cancer Aware- amine or other drugs. Mr. BURGESS. Mr. Speaker, I object ness Month’’. I urge my colleagues to support this to the vote on the ground that a The Clerk read the title of the resolu- legislation. quorum is not present and make the tion. I yield back the balance of my time. point of order that a quorum is not The text of the resolution is as fol- present. lows: b 2140 The SPEAKER pro tempore. Pursu- H. RES. 1485 Mr. PALLONE. Mr. Speaker, I yield ant to clause 8 of rule XX and the Whereas countless families in the United such time as he may consume to the Chair’s prior announcement, further States live with prostate cancer; gentleman from California (Mr. proceedings on this motion will be Whereas 1 in 6 men in the United States MCNERNEY), who is the bill’s sponsor, postponed. will be diagnosed with prostate cancer in his and I do want to thank him for all this The point of no quorum is considered lifetime; work on what is really an important withdrawn. Whereas prostate cancer is the most com- monly diagnosed non-skin cancer and the issue. The meth crisis is really severe f in this country, and this bill seeks to second most common cause of cancer-related FURTHER MESSAGE FROM THE deaths among men in the United States; address that in a significant way. SENATE Whereas in 2010, 217,730 men in the United Mr. MCNERNEY. Mr. Speaker, I rise A further message from the Senate States will be diagnosed with prostate can- today in support of H.R. 2818, the Meth- cer and 32,050 men in the United States will amphetamine Education, Treatment, by Ms. Curtis, one of its clerks, an- die of prostate cancer; and Hope Act, a bill I was proud to in- nounced that the Senate has passed Whereas 30 percent of new diagnoses of troduce. without amendment bills of the House prostate cancer occur in men under the age Unfortunately, methamphetamine of the following titles: of 65; use is a serious problem throughout H.R. 1177. An act to require the Secretary Whereas a man in the United States turns the country, including California and of the Treasury to mint coins in recognition 50 years old approximately every 14 seconds, of five United States Army 5-Star Generals, increasing his odds of developing cancer, in- my district. For instance, one recent George Marshall, Douglas MacArthur, cluding prostate cancer; survey indicates that meth use by chil- Dwight Eisenhower, Henry ‘‘Hap’’ Arnold, Whereas African-American males suffer a dren 12 years and older increased by 60 and Omar Bradley, alumni of the United prostate cancer incidence rate up to 65 per- percent between 2008 and 2009. That is States Army Command and General Staff cent higher than White males and double the 154,000 new users of methamphetamine College, Fort Leavenworth, Kansas, to coin- prostate cancer mortality rates of White in 2009, compared to only 95,000 new cide with the celebration of the 132nd Anni- males; users in 2008. versary of the founding of the United States Whereas obesity is a significant predictor Army Command and General Staff College. Children don’t start using meth or of the severity of prostate cancer and the H.R. 3689. An act to provide for an exten- probability that the disease will lead to other drugs without learning it from sion of the legislative authority of the Viet- death, and high cholesterol levels are strong- someone else, and, sadly, they are nam Veterans Memorial Fund, Inc. to estab- ly associated with advanced prostate cancer; often introduced to it by adult family lish a Vietnam Veterans Memorial visitor Whereas if a man in the United States has members. center, and for other purposes. 1 family member diagnosed with prostate By improving Federal treatment pro- The message also announced that the cancer, he has a 1 in 3 chance of being diag- grams so they serve all parenting Senate has passed with amendments in nosed with prostate cancer, if he has 2 family women, H.R. 2818 enables mothers to which the concurrence of the House is members with such diagnoses, he has an 83 receive the help they need. This bill requested, bills of the House of the fol- percent risk, and if he has 3 family members with such diagnoses, he then has a 97 percent will benefit mothers and children lowing titles: risk of prostate cancer; alike. Addressing addictions will also H.R. 3219. An act to amend title 38, United Whereas screening by both a digital rectal help reduce drug-related crimes and States Code, to make certain improvements examination and a prostate-specific antigen benefit children and families. in the laws administered by the Secretary of blood test can detect the disease in its early H.R. 2818 also includes provisions Veterans Affairs relating to insurance and stages, increasing the chances of surviving health care, and for other purposes. more than 5 years to nearly 100 percent, that will ensure that the rural areas H.R. 3940. An act to amend Public Law 96– while only 33 percent of men survive more with a shortage of mental health pro- 597 to clarify the authority of the Secretary than 5 years if diagnosed during the late fessionals or family-based substance of the Interior to extend grants and other as- stages of the disease; sistance to facilitate political status public abuse treatment centers are provided Whereas there are no noticeable symptoms education programs for the peoples of the the resources they need. By focusing of prostate cancer while it is still in the non-self-governing territories of the United grants in areas with higher concentra- early stages, making screening critical; States. tions of drug use, we can effectively H.R. 5566. An act to amend title 18, United Whereas ongoing research promises further utilize appropriated funds. States Code, to prohibit interstate com- improvements in prostate cancer prevention, I have worked with Members on both merce in animal crush videos, and for other early detection, and treatments; sides of the aisle to introduce this bill purposes. Whereas educating people in the United and update the current law. Congress- States, including health care providers, The message also announced that the about prostate cancer and early detection woman BONO MACK joined me as an Senate has passed bills of the following strategies is crucial to saving the lives of original cosponsor, and this bill trav- titles in which the concurrence of the men and preserving and protecting families; eled through the legislative process. House is requested: and Constructive suggestions by the minor- S. 3243. An act to require U.S. Customs and Whereas September 2010 would be an appro- ity members of the Committee on En- Border Protection to administer polygraph priate month to designate as ‘‘National Pros- ergy and Commerce were incorporated examinations to all applicants for law en- tate Cancer Awareness Month’’: Now, there- to improve the legislation. forcement positions with U.S. Customs and fore, be it Improving meth treatment programs Border Protection, to require U.S. Customs Resolved, That the House of Representa- tives— will help reduce crime and benefit chil- and Border Protection to initiate all periodic background reinvestigations of certain law (1) supports the designation of ‘‘National dren, and I urge my colleagues to sup- enforcement personnel, and for other pur- Prostate Cancer Awareness Month’’; port this bipartisan effort. poses. (2) declares that steps should be taken— Mr. PALLONE. I yield back the bal- S. 3789. An act to limit access to Social Se- (A) to raise awareness about the impor- ance of my time. curity account numbers. tance of screening methods for, and treat- ment of, prostate cancer; The SPEAKER pro tempore. The f question is on the motion offered by (B) to support research so that the screen- the gentleman from New Jersey (Mr. SUPPORTING NATIONAL PROS- ing and treatment of prostate cancer may be improved, and so that the causes of, and a PALLONE) that the House suspend the TATE CANCER AWARENESS MONTH cure for, prostate cancer may be discovered; rules and pass the bill, H.R. 2818, as and amended. Mr. PALLONE. Mr. Speaker, I move (C) to continue to consider ways for im- The question was taken. to suspend the rules and agree to the proving access to, and the quality of, health

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.280 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7182 CONGRESSIONAL RECORD — HOUSE September 28, 2010 care services for detecting and treating pros- minutes. In the next 24 hours, prostate Just to reiterate. Physical exams and tate cancer; and cancer will claim the lives of 83 Amer- blood tests are a primary means of di- (3) calls on the people of the United States, ican men. agnosing the disease, and all men interested groups, and affected persons— If a close relative has prostate can- should discuss this matter with their (A) to promote awareness of prostate can- cer; cer, a man’s risk of the disease more physicians to determine the best (B) to take an active role in the fight to than doubles. With two relatives, his course for them, particularly men who end the devastating effects of prostate can- risk increases five times. With three are most at risk. cer on individuals, their families, and the close relatives, the risk is about 97 per- Again, I want to thank Representa- economy; and cent. tive NEUGEBAUER from Texas for his (C) to observe National Prostate Cancer African American males suffer pros- work on the resolution, which calls for Awareness Month with appropriate cere- tate cancer at a rate of 65 percent high- an increase in awareness of the screen- monies and activities. er than white males and double the ing methods and treatments of pros- The SPEAKER pro tempore. Pursu- prostate cancer mortality rates of tate cancer and continued research ant to the rule, the gentleman from their white counterparts. into the causes and potential cures. New Jersey (Mr. PALLONE) and the gen- Obesity is a significant predictor of Mr. Speaker, as a cosponsor of this tleman from Texas (Mr. BURGESS) each the severity of prostate cancer and the resolution, I urge Members to support will control 20 minutes. probability that the disease will lead to H. Res. 1485. The Chair recognizes the gentleman death. In fact, high cholesterol levels Mr. BURTON of Indiana. Mr. Speaker, I rise from New Jersey. are strongly associated with advanced in strong support of H. Res. 1485, a resolution GENERAL LEAVE prostate cancer. expressing the support of the House of Rep- Mr. PALLONE. Mr. Speaker, I ask If a man in the United States has one resentatives for the designation of September unanimous consent that all Members family member diagnosed with pros- 2010, as ‘‘National Prostate Cancer Aware- may have 5 legislative days within tate cancer, he has a 1 in 3 chance of ness Month.’’ I would like to thank the Chair- which to revise and extend their re- being diagnosed with prostate cancer. man and Ranking Member of the Energy and marks and include extraneous material What we have learned is that this is Commerce Committee for bringing this impor- in the RECORD. a deadly disease, and it affects men. tant resolution to the Floor. I would also like to The SPEAKER pro tempore. Is there The good news is that once I learned thank Representative RANDY NEUGEBAUER for objection to the request of the gen- some of those facts, obviously that got his tireless efforts to raise awareness of this tleman from New Jersey? my attention. But the good news is terrible disease. There was no objection. that almost 100 percent of the men di- The prostate is a topic that makes all men Mr. PALLONE. I yield myself such agnosed with prostate cancer will stay uncomfortable, present company included. time as I may consume. alive for at least 5 years; about 90 per- And because of this fact, the disease has be- Mr. Speaker, H. Res. 1485 expresses cent of the prostate cancer cases are come a silent epidemic. According to the latest support for the designation of Sep- found while the cancer is still either statistics, 1 in 6 men will be diagnosed with tember 2010 as National Prostate Can- local or regional, and nearly 100 per- prostate cancer in their lifetime (218,000 men cer Awareness Month. cent of these men will be alive 5 years will be diagnosed with prostate cancer this I would like to thank Representative after being diagnosed. year alone); this rivals the rate of breast can- cer in women which is approximately 1 in 8. NEUGEBAUER for his leadership on this So what is the importance of Na- That is why we must promote and support issue, and I urge my colleagues to sup- tional Prostate Cancer Awareness Prostate Cancer Awareness Month, to bring port this resolution. Month? Well, it is important to recog- this issue into the light, and get men to begin I reserve the balance of my time. nize that this is a real hazard for men. having conversations about their prostate Mr. BURGESS. Mr. Speaker, I yield But, most importantly, and the good health. It is important for men to take advan- such time as he may consume to the news is, if caught early and treated tage of prostate cancer screening exams in gentleman from Texas (Mr. early, the survival chances are ex- order to detect the disease at the earliest op- NEUGEBAUER). tremely good. portunity, when it is still curable. Mr. NEUGEBAUER. Mr. Speaker, I So that is the reason that I decided However, getting more men to pay attention rise today as the author of H. Res. 1485, to bring this resolution before this to this issue is only half the battle because a to express support for the designation House and to help bring awareness to recent study funded by the National Cancer of September as Prostate Cancer the American people, and particularly Institute demonstrated that the most common Awareness Month by the House of Rep- men, is that it is important to make available methods of detecting prostate can- resentatives. sure you get screened and to make that cer, the PSA blood test and Digital Rectal I didn’t know much about prostate a part of your annual physical. And, if Exam, DRE, the only preinvasive indicators cancer, other than occasionally one of you are unfortunate enough to be diag- available for the detection of prostate cancer, my friends would turn up with that di- nosed with prostate cancer, that the are not particularly adept at detecting prostate agnosis; and about every year when I earlier you detect it, the better your cancer. The study showed that many PSA went to my health care provider, I chances of survival and eventual cure blood tests that screen for prostate cancer re- went through the normal process of are. sult in false-negative reassurances and nu- having a digital exam and also taking So I am about to celebrate the day merous false-positive alarms (15 percent of my PSA, and was pretty religious after tomorrow, on September 30, of men with normal PSA levels still have prostate about doing that, always with the good being 1 year cancer free. The reason I cancer). Even when PSA levels are abnormal, news of a negative result. am able to do that and the reason I am 88 percent of men end up not having prostate Well, that all changed in August of able to stand before this body tonight cancer that would require surgery but undergo last year when I went for my test and is because we have got important re- unnecessary biopsies. As a result more than it was decided that additional testing search going on on how to treat this 1,000,000 U.S. men have prostate biopsies needed to be done. So tests were done, cancer. There is important research annually—costing our health care system ap- and it was determined that I did in fact going on on hopefully some day being proximately $1.44 billion—many of which have prostate cancer. Once you get able to prevent prostate cancer. But could be eliminated if we had advanced diag- cancer, then you get a lot more inter- until then, it is important that men nostic imaging tools. ested in that subject, and I wanted to get screened and get their tests done so When one look at the battle against breast share with the folks this evening a lit- that they too can stand and say, You cancer, a disease that again affects about 1 in tle bit about this prostate cancer. know what? I survived prostate cancer. 8 women, we see that it was a combination of Just in 2010 alone, 217,730 men will be Mr. Speaker, I urge the passage of increased awareness along with the develop- diagnosed with prostate cancer, and this bill and urge all men get tested. ment of more sophisticated diagnostic and im- 32,000 men in the United States will die Mr. PALLONE. I yield back the bal- aging tools that help improve early detection from prostate cancer. Thirty percent of ance of my time. and survival rates. The same strategy can the new diagnoses of prostate cancer Mr. BURGESS. Mr. Speaker, I also work for prostate cancer. will occur in men under the age of 65. want to thank our colleague from For example, preliminary data from a Euro- Prostate cancer takes one life every 18 Texas for sharing his story with us. pean study demonstrated that when prostate

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\A28SE7.192 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7183 cancer biopsies were guided by high-preci- dren, and for other purposes, as amend- ZATIONS.—In disseminating and ensuring the sion, experimental MRI, they accurately de- ed. implementation by target entities of the tected 59% of clinically significant prostate The Clerk read the title of the bill. guidelines pursuant to a grant under this The text of the bill is as follows: subsection, the Secretary shall require cancer missed by at least two consecutive States receiving grants under this subsection blind biopsies. Unfortunately, today, neither H.R. 1347 to utilize, to the extent practicable, applica- the U.S. Department of Health and Human Be it enacted by the Senate and House of Rep- ble expertise and services offered by high Services nor the Department of Defense de- resentatives of the United States of America in school sports associations, youth sports as- votes substantial resources to prostate cancer Congress assembled, sociations, athletic trainer associations, and imaging research. I have been told that the SECTION 1. SHORT TITLE. local chapters of national brain injury orga- National Institutes of Health spent only $10 This Act may be cited as the ‘‘Concussion nizations in such States. million on prostate cancer detection research Treatment and Care Tools Act of 2010’’ or the ‘‘(c) COORDINATION OF ACTIVITIES.—In car- ‘‘ConTACT Act of 2010’’. rying out activities under this section, the last year out of a total prostate cancer re- Secretary shall coordinate in an appropriate search budget of $350 million. In short, there SEC. 2. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED manner with the heads of other Federal de- is no concerted Federal effort to bring the CHILDREN. partments and agencies that carry out ac- equivalent of mammography to prostate can- Part B of title III of the Public Health tivities related to concussions and other cer detection. Representative CUMMINGS and I Service Act (42 U.S.C. 243 et seq.) is amended traumatic brain injuries. have introduced legislation, the PRIME Act by inserting after section 317T the following: ‘‘(d) REPORTS.— (H.R. 1485) to correct this problem. The ‘‘(1) ESTABLISHMENT OF THE GUIDELINES.— ‘‘SEC. 317U. CONCUSSION MANAGEMENT GUIDE- Not later than 2 years after the date of the PRIME Act would, among other things, require LINES WITH RESPECT TO SCHOOL- AGED CHILDREN. enactment of this section, the Secretary the National Institutes of Health (NIH), to: (1) shall submit to the Congress a report on the ‘‘(a) CONCUSSION MANAGEMENT GUIDE- carry out a program to expand and intensify implementation of subsection (a). LINES.— research to develop advanced imaging tech- ‘‘(2) GRANT PROGRAM AND DATA COLLEC- ‘‘(1) ESTABLISHMENT.—Not later than 2 nologies for prostate cancer detection, diag- years after the date of the enactment of this TION.—Not later than 4 years after the date nosis, and treatment comparable to mammo- section, the Secretary shall establish concus- of the enactment of this section, the Sec- gram technology. I encourage my colleagues sion management guidelines that address the retary shall submit to the Congress a report to co-sponsor this critically importance legisla- prevention, identification, treatment, and on the implementation of subsection (b), in- cluding— tion. management of concussions (as defined by the Secretary) in school-aged children, in- ‘‘(A) the number of States that have adopt- There is still much work to be done if we ed the guidelines; want to gain the upper hand against a disease cluding standards for such children to return to play after experiencing such a concussion, ‘‘(B) the number of target entities that that has negatively impacted so many men and shall make available such guidelines and have implemented pre-season baseline and and their families. Prostate Cancer Awareness standards to the general public, including post-injury testing, including computerized Month is a time for us to discuss and confront health professionals. testing, for school-aged children; and ‘‘(C) the data collected with respect to the this epidemic, regardless of how uncomfort- ‘‘(2) CONFERENCE.—The Secretary shall able it makes us feel. Despite the fact that convene a conference of medical, athletic, incidence of concussions and second impact and educational stakeholders for purposes of syndrome among school-aged children. men don’t like to address these sorts of issues ‘‘(e) DEFINITIONS.—In this section: assisting in the establishment of the guide- openly, we must acknowledge that the num- ‘‘(1) The term ‘guidelines’ means the con- lines. bers speak for themselves. 32,000 men will cussion management guidelines established ‘‘(b) GRANTS TO STATES.— die in 2010, 1.5 million men will have invasive under subsection (a). ‘‘(1) IN GENERAL.—After establishing the ‘‘(2) The term ‘return to play’ means, with and inaccurate biopsies performed, and guidelines under subsection (a), the Sec- respect to a school-aged child experiencing a 70,000 men will have treatment failures while retary may make grants to States for pur- concussion, the return of such child to par- trying to seek help for their condition. These poses of— ticipating in the sport or other activity re- statistics stand as stark reminders of the im- ‘‘(A) providing for the collection by target lated to such concussion. entities of information on the incidence and portance of this month and the dialogue that ‘‘(3) The term ‘school-aged children’ means prevalence of concussions among school-aged it will hopefully encourage. individuals who are at least 5 years of age children attending or participating in such It is my hope that through increased aware- and not more than 18 years of age. entities; ‘‘(4) The term ‘second impact syndrome’ ness and discussion about prostate cancer, ‘‘(B) adopting, disseminating, and ensuring means catastrophic or fatal events that we can begin to chip away at this silent killer. the implementation by target entities of the occur when an individual suffers a concus- We owe it to ourselves, our fathers, grand- guidelines; sion while symptomatic and healing from a fathers, brothers, sons, husbands, and friends ‘‘(C) funding implementation by target en- previous concussion. to make this effort. I urge my colleagues to tities of pre-season baseline and post-injury ‘‘(5) The term ‘Secretary’ means the Sec- testing, including computerized testing, for support H. Res. 1458. retary of Health and Human Services, acting school-aged children; and Mr. BURGESS. I yield back the bal- through the Director of the Centers for Dis- ‘‘(D) any other activity or purpose speci- ance of my time. ease Control and Prevention. fied by the Secretary. The SPEAKER pro tempore. The ‘‘(6) The term ‘State’ means each of the 50 ‘‘(2) GRANT APPLICATIONS.— States and the District of Columbia. question is on the motion offered by ‘‘(A) IN GENERAL.—To be eligible to receive ‘‘(7) The term ‘target entity’ means an ele- the gentleman from New Jersey (Mr. a grant under this subsection, the Secretary mentary school, a secondary school, or a PALLONE) that the House suspend the shall require a State to submit an applica- youth sports association.’’. rules and agree to the resolution, H. tion to the Secretary at such time, in such Res. 1485. manner, and containing such information as The SPEAKER pro tempore. Pursu- The question was taken; and (two- the Secretary shall require. ant to the rule, the gentleman from thirds being in the affirmative) the ‘‘(B) MINIMUM CONTENTS.—The Secretary New Jersey (Mr. PALLONE) and the gen- rules were suspended and the resolu- shall require that an application of a State tleman from Texas (Mr. BURGESS) will under subparagraph (A) contain at a min- each control 20 minutes. tion was agreed to. imum— A motion to reconsider was laid on The Chair recognizes the gentleman ‘‘(i) a description of the strategies the from New Jersey. the table. State will use to disseminate, and ensure the GENERAL LEAVE f implementation by target entities of, the guidelines, including coordination with on- Mr. PALLONE. Mr. Speaker, I ask b 2150 going State-based efforts to implement State unanimous consent that all Members laws governing youth concussion manage- have 5 legislative days within which to CONCUSSION TREATMENT AND ment; and revise and extend their remarks and in- CARE TOOLS ACT OF 2010 ‘‘(ii) an agreement by the State to periodi- clude extraneous material in the cally provide data to the Secretary with re- Mr. PALLONE. Mr. Speaker, I move RECORD. to suspend the rules and pass the bill spect to the incidence of concussions and The SPEAKER pro tempore. Is there (H.R. 1347) to amend title III of the second impact syndrome among school-aged children in the State. objection to the request of the gen- Public Health Service Act to provide ‘‘(3) UTILIZATION OF HIGH SCHOOL SPORTS AS- tleman from New Jersey? for the establishment and implementa- SOCIATIONS, YOUTH SPORTS ASSOCIATIONS, ATH- There was no objection. tion of concussion management guide- LETIC TRAINER ASSOCIATIONS, AND LOCAL Mr. PALLONE. Mr. Speaker, I yield lines with respect to school-aged chil- CHAPTERS OF NATIONAL BRAIN INJURY ORGANI- myself such time as I may consume.

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.206 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7184 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Mr. Speaker, H.R. 1347, or the Con- Back then, we had no idea how preva- tween the ages of 6 and 14 playing tackle TACT Act, will help to reduce the num- lent brain jury would become for our football, many kids continue to be at risk. ber of concussion-related injuries na- youth. A study published this month in The Centers for Disease Control and Pre- tionally by improving a school’s ability Pediatrics found that between 1997 and vention found that more than 300,000 athletes to guide return-to-play decisions and 2007, the number of children seeking lose consciousness from concussions every by raising awareness for parents, stu- emergency medical care for concus- year in the United States, and that the total dents, health professionals, and others sions doubled. number of concussions could be as high as of the consequences of multiple concus- To address this growing problem for 3.8 million. sions. schools, Congressman TODD PLATTS Since most brains aren’t fully developed I want to thank Mr. SHIMKUS and Mr. and I introduced the ConTACT Act, until age 25, a concussion is even more dan- BARTON for their willingness to work H.R. 1347, to create Federal guidelines gerous for a youth than for an adult. on this bill with me and, of course, on concussion management and a grant Furthermore, a repeat concussion—one that thank the sponsor of the bill, my col- program for States to implement these occurs before the brain recovers from a pre- league from New Jersey (Mr. policies. vious concussion—can be even more dev- PASCRELL) who has worked so hard on This bill is dedicated to kids like astating. this legislation. Ryne Dougherty, a constituent of mine Research indicates that younger, less-devel- Mr. Speaker, I reserve the balance of who died after returning to a football oped brains are at even greater risk of sec- my time. game without recovering from a pre- ond-impact syndrome. This syndrome may in- Mr. BURGESS. Mr. Speaker, H.R. vious concussion, and Niki Popyer, who clude brain swelling, permanent brain damage, 1347, the Concussion Treatment and suffered over 11 concussions from bas- and death. Care Tools Act seeks to reduce the ketball. While we did not have the Given that young athletes are more suscep- number of concussions sustained by proper guidelines in place to protect tible to second-impact syndrome, it is troubling our young people. them on the field of play, this bill that there is a shortage of trainers available to According to the Centers for Disease would create Federal guidelines, not by attend to young players on the football field. Control and Prevention, a concussion the Congress but by professionals, to According to the National Athletic Trainers’ is a type of traumatic brain injury. The protect other student athletes so they Association, 58 percent of high schools nation- Centers for Disease Control estimates can excel not only in sports but in wide do not have a certified athletic trainer that 1.7 million people sustain a trau- school. available for players. matic brain injury each year. Some of I want to thank Speaker PELOSI, and And as former National Football League these are sustained by children while I want to thank Majority Leader player Merril Hoge testified at our first hearing they are playing sports. This bill will HOYER for recognizing the importance on football head injuries last year, trainers are help reduce that number. The bill would require the Centers for of bringing this bill to the floor, and virtually non-existent at the youth level, where Disease Control to develop model Chairman WAXMAN and Chairman he coaches his children. guidelines that address the prevention, PALLONE for helping this particular bill Even if high school or youth teams do have identification, treatment, and manage- through the committee process. a sideline trainer available, these individuals ment of concussions in school-age chil- I want to thank the organizations often have little experience in the subtleties of dren, including standards for student that supported the bill, that recognized concussion management. athletes to return to play after a con- its value for our citizens: The Brain In- This fact may explain the alarming results of cussion. jury Association, Easter Seals, the a recent study by the Center for Injury Re- The bill also would direct the sec- NFL, the NFL Players Association, the search and Policy at Nationwide Children’s retary to convene a conference of ex- Parkinson’s Action Network, the Na- Hospital in Columbus, Ohio. The study found perts to develop the model guidelines. tional Athletic Trainers Association, that as many as 41 percent of high school ath- The secretary would be allowed, but the National Association of Head In- letes who suffer concussions on the field may not required, to award grants to States jury Administrators, the New Jersey be returning to play too soon. to help implement these guidelines. I Council of General Hospitals, and the In part because of the Judiciary Commit- must also note that the bill would en- American College of Rehabilitation tee’s scrutiny, the National Football League sure that the Centers for Disease Con- Medicine. has made significant changes with respect to trol uses its existing budget to award This is a big deal for the kids that concussion prevention, identification, treat- these grants if they deem them nec- are our children, our grandchildren, ment, and education. However, it is not clear essary. It does not create a separate throughout the United States. Thank whether these changes are filtering down to funding source for these grants. you, Mr. Speaker, thank you, Mr. younger levels of football or to other contact I urge my colleagues to support the Chairman, and thank you, Mr. Minor- sports. bill. ity Leader. That is why I applaud Representative BILL I yield back the balance of my time. Mr. CONYERS. Mr. Speaker, I rise in sup- PASCRELL’s effort to bring some nationwide Mr. PALLONE. Mr. Speaker, I yield port of H.R. 1347, the ‘‘Concussion Treatment uniformity for the management of concussions such time as he may consume to the and Care Tools Act of 2009’’ or the ‘‘Con- in school-aged children. I urge my colleagues sponsor of the bill, my colleague from TACT Act of 2009.’’ This legislation directs the to support H.R. 1347. New Jersey (Mr. PASCRELL). I just want Department of Health and Human Services, Mr. PALLONE. Mr. Speaker, I have to say he has worked tirelessly as an acting through the Centers for Disease Control no additional speakers. I would yield advocate for this bill, doing investiga- and Prevention, to establish concussion man- back the balance of my time and urge tions and having a hearing that we agement guidelines for preventing, identifying, passage of this important legislation. held in the State of New Jersey. As you treating, and managing concussions in chil- The SPEAKER pro tempore. The know, he was very aggressive in a very dren between the ages of 5 and 18. question is on the motion offered by positive way to make sure this bill As Chairman of the Judiciary Committee, I the gentleman from New Jersey (Mr. came to the floor. convened four hearings and forums beginning PALLONE) that the House suspend the Mr. PASCRELL. Mr. Speaker, as you on October 28, 2009 to examine and highlight rules and pass the bill, H.R. 1347, as know, Speaker PELOSI gaveled in the the growing evidence linking concussions sus- amended. 110th Congress on behalf of America’s tained while playing football to long-term brain The question was taken. children. Today I am proud to say the damage. The SPEAKER pro tempore. In the House will consider this bipartisan bill Brain injuries are the leading cause of death opinion of the Chair, two-thirds being to protect our children in youth sports. and disability for children in our Nation. Ac- in the affirmative, the ayes have it. As cochair of the Congressional Brain cording to research by The New York Times, Mr. BURGESS. Mr. Speaker, I object Injury Task Force with Congressman at least 50 high school or younger football to the vote on the ground that a PLATTS from Pennsylvania, I have players in more than 20 States since 1997 quorum is not present and make the worked for the last 9 years on the issue have been killed or have sustained serious point of order that a quorum is not of brain injury for our troops, as well concussions on the football field. present. as those who are playing sports, all With 1.2 million high school athletes and ap- The SPEAKER pro tempore. Pursu- sports, men and women. proximately 3 million American youngsters be- ant to clause 8 of rule XX and the

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.288 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7185 Chair’s prior announcement, further which to revise and extend their re- lishment of permanent national sur- proceedings on this motion will be marks and include extraneous material veillance systems for multiple scle- postponed. in the RECORD. rosis, Parkinson’s disease, and other The point of no quorum is considered The SPEAKER pro tempore. Is there neurological diseases and disorders, as withdrawn. objection to the request of the gen- amended. f tleman from New Jersey? The Clerk read the title of the bill. There was no objection. The text of the bill is as follows: DIABETES SCREENING ACT Mr. PALLONE. Mr. Speaker, I yield H.R. 1362 Mr. PALLONE. Mr. Speaker, I move myself such time as I may consume. Be it enacted by the Senate and House of Rep- to suspend the rules and pass the bill Mr. Speaker, H.R. 6012, sponsored by resentatives of the United States of America in (H.R. 6012) to direct the Secretary of Representative Zack Space of Ohio, is Congress assembled, Health and Human Services to review designed to reduce the number of SECTION 1. SHORT TITLE. uptake and utilization of diabetes undiagnosed seniors with diabetes by This Act may be cited as the ‘‘National Neuro- screening benefits and establish an out- logical Diseases Surveillance System Act of evaluating more seniors sooner 2010’’. reach program with respect to such through the HHS diabetes screening SEC. 2. NATIONAL NEUROLOGICAL DISEASES benefits, and for other purposes, as benefit. I urge my colleagues to sup- SURVEILLANCE SYSTEM. amended. port this commonsense legislation. Part P of title III of the Public Health Service The Clerk read the title of the bill. I reserve the balance of my time. Act (42 U.S.C. 280g et seq.) is amended by add- The text of the bill is as follows: Mr. BURGESS. Mr. Speaker, I yield ing at the end the following: H.R. 6012 myself such time as I may consume. ‘‘SEC. 399V–5 SURVEILLANCE OF NEUROLOGICAL DISEASES. Be it enacted by the Senate and House of Rep- H.R. 6012, the diabetes screening bill, ‘‘(a) IN GENERAL.—The Secretary, acting resentatives of the United States of America in would require Health and Human Serv- through the Director of the Centers for Disease Congress assembled, ices to review the utilization of diabe- Control and Prevention, shall— SECTION 1. DIABETES SCREENING EVALUATION tes screening tests available to seniors ‘‘(1) enhance and expand infrastructure and AND OUTREACH PROGRAM REC- activities to track the epidemiology of neuro- OMMENDATIONS. under Medicare and make rec- logical diseases, including multiple sclerosis and Part P of title III of the Public Health ommendations to increase utilization. We obviously don’t know the cause of Parkinson’s disease; and Service Act (42 U.S.C. 280g et seq.) is amend- ‘‘(2) incorporate information obtained through ed by inserting after section 399V–3 the fol- diabetes, but both genetics and envi- such activities into a statistically-sound, sci- lowing new section: ronmental factors such as obesity and entifically-credible, integrated surveillance sys- ‘‘SEC. 399V–3A. DIABETES SCREENING EVALUA- lack of activity appear to play roles. tem, to be known as the National Neurological TION AND OUTREACH PROGRAM Diabetes affects an estimated 24 mil- Diseases Surveillance System. RECOMMENDATIONS. lion Americans. ‘‘(b) RESEARCH.—The Secretary shall ensure ‘‘(a) ESTABLISHMENT.—With respect to dia- that the National Neurological Diseases Surveil- betes screening tests and for the purposes of Approximately 57 million Americans have a pre-diabetic condition. Identi- lance System is designed in a manner that facili- reducing the number of undiagnosed seniors tates further research on neurological diseases. with diabetes or prediabetes, the Secretary fying those with diabetes early can re- ‘‘(c) CONTENT.—In carrying out subsection shall— duce the likelihood of people devel- (a), the Secretary— ‘‘(1) review utilization of diabetes screen- oping costly and debilitating condi- ‘‘(1) shall provide for the collection and stor- ing benefits under programs of the Depart- tions associated with the disease. We age of information on the incidence and preva- ment of Health and Human Services to iden- do need to know if people are using this lence of neurological diseases in the United tify and address any existing problems with provided service, and if not why not, States; regard to such utilization and related data and examine how do we ensure to con- ‘‘(2) to the extent practicable, shall provide for collection mechanisms; and the collection and storage of other available in- ‘‘(2) make recommendations (informed by nect people with the service. formation on neurological diseases, such as in- the review under paragraph (1)) on outreach I urge my colleagues to support this formation concerning— activities being carried out by the Secretary resolution. ‘‘(A) demographics and other information as- as of the date of the enactment of this sec- I yield back the balance of my time. sociated or possibly associated with neurological tion to ensure awareness among seniors and Mr. PALLONE. Mr. Speaker, I also diseases, such as age, race, ethnicity, sex, geo- health care providers of— yield back the balance of my time and graphic location, and family history; ‘‘(B) risk factors associated or possibly associ- ‘‘(A) such diabetes screening benefits; and urge passage of the bill. ‘‘(B) the advantages of knowing one’s dia- ated with neurological diseases, including ge- betic or prediabetic status for the purpose of The SPEAKER pro tempore. The netic and environmental risk factors; and diabetes self management. question is on the motion offered by ‘‘(C) diagnosis and progression markers; ‘‘(b) CONSULTATION.—The Secretary shall the gentleman from New Jersey (Mr. ‘‘(3) may provide for the collection and stor- carry out this section in consultation with— PALLONE) that the House suspend the age of information relevant to analysis on neu- ‘‘(1) the heads of appropriate health agen- rules and pass the bill, H.R. 6012, as rological diseases, such as information con- cies and offices in the Department of Health amended. cerning— ‘‘(A) the epidemiology of the diseases; and Human Services; and The question was taken; and (two- ‘‘(2) entities with an interest in diabetes, ‘‘(B) the natural history of the diseases; including industry, voluntary health organi- thirds being in the affirmative) the ‘‘(C) the prevention of the diseases; ‘‘(D) the detection, management, and treat- zations (such as diabetes advocacy groups rules were suspended and the bill, as ment approaches for the diseases; and and other related stakeholders), trade asso- amended, was passed. ‘‘(E) the development of outcomes measures; ciations, and professional societies. The title was amended so as to read: and ‘‘(c) REPORT.—For each of the fiscal years ‘‘A bill to direct the Secretary of ‘‘(4) may address issues identified during the 2011, 2012, and 2013, the Secretary shall sub- Health and Human Services to review consultation process under subsection (d). mit to Congress an annual report on the ac- utilization of diabetes screening bene- ‘‘(d) CONSULTATION.—In carrying out this sec- tivities carried out under this section during fits and make recommendations on tion, the Secretary shall consult with individ- such respective year. outreach programs with respect to uals with appropriate expertise, including— ‘‘(d) DEFINITION.—For purposes of this sec- such benefits, and for other purposes.’’. ‘‘(1) epidemiologists with experience in disease tion, the term ‘senior’ means an individual surveillance or registries; who is at least 65 years of age.’’. A motion to reconsider was laid on ‘‘(2) representatives of national voluntary The SPEAKER pro tempore. Pursu- the table. health associations that— ant to the rule, the gentleman from f ‘‘(A) focus on neurological diseases, including multiple sclerosis and Parkinson’s disease; and New Jersey (Mr. PALLONE) and the gen- b 2200 ‘‘(B) have demonstrated experience in re- tleman from Texas (Mr. BURGESS) each search, care, or patient services; will control 20 minutes. NATIONAL NEUROLOGICAL DIS- ‘‘(3) health information technology experts or The Chair recognizes the gentleman EASES SURVEILLANCE SYSTEM other information management specialists; from New Jersey. ACT OF 2010 ‘‘(4) clinicians with expertise in neurological diseases; and GENERAL LEAVE Mr. PALLONE. Mr. Speaker, I move ‘‘(5) research scientists with experience con- Mr. PALLONE. Mr. Speaker, I ask to suspend the rules and pass the bill ducting translational research or utilizing sur- unanimous consent that all Members (H.R. 1362) to amend the Public Health veillance systems for scientific research pur- may have 5 legislative days within Service Act to provide for the estab- poses.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\K28SE7.290 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7186 CONGRESSIONAL RECORD — HOUSE September 28, 2010 ‘‘(e) GRANTS.—The Secretary may award Mr. BURGESS. I yield myself such revolutionize the practice of medicine. grants to, or enter into contracts or cooperative time as I may consume. This bill is part of that future. agreements with, public or private nonprofit en- Mr. Speaker, I rise tonight in strong A surveillance system will aid doc- tities to carry out activities under this section. support of H.R. 1362, which I authored tors on the ground right now who are ‘‘(f) COORDINATION WITH OTHER FEDERAL AGENCIES.—Subject to subsection (h), the Sec- with Mr. VAN HOLLEN. struggling with ensuring a proper diag- retary shall make information and analysis in There are over 400,000 Americans liv- nosis. For example, with an MS exam- the National Neurological Diseases Surveillance ing with MS and millions of more ination, it generally reveals evidence System available, as appropriate, to Federal de- Americans who live with some form of of neurologic dysfunction, often partments and agencies, such as the National neurological disorder. asymptomatic in other locations. It is Institutes of Health, the Food and Drug Admin- As co-chairman of the Congressional not science fiction to think that, in the istration, the Centers for Medicare & Medicaid MS Caucus, I have been working to fur- future, a scientist noticing a genetic or Services, the Agency for Healthcare Research ther research into the development of and Quality, the Department of Veterans Af- blood marker in certain patients will fairs, and the Department of Defense. MS and other neurological disorders to be able to use surveillance systems like ‘‘(g) PUBLIC ACCESS.—Subject to subsection help the population of Americans liv- the ones created under this bill to link (h), the Secretary shall make information and ing with MS. I firmly believe that a na- genetic factors with occupations, envi- analysis in the National Neurological Diseases tional surveillance system will be a ronmental and other demographic in- Surveillance System available, as appropriate, critical first step toward allowing our formation. to the public, including researchers. researchers access to information that As diagnoses are made, we will have ‘‘(h) PRIVACY.—The Secretary shall ensure could be the key to finding cures. that privacy and security protections applicable the ability to create progression mark- to the National Neurological Diseases Surveil- The other night, I was told that we ers, which will help researchers com- lance System are at least as stringent as the pri- are running for second base in our ef- pile the data and construct treatments vacy and security protections under HIPAA pri- forts to cure neurological diseases and for future patients with similar back- vacy and security law (as defined in section that we have never tagged first. This grounds. That is how we will get the 3009(a)(2)). bill, H.R. 1362, the National Neuro- vaccines, the treatments, and the cures ‘‘(i) REPORT.—Not later than 4 years after the logical Diseases Surveillance System for the next generation. date of the enactment of this section, the Sec- Act of 2010, is our first base. Future physicians will be able to tai- retary shall submit a report to the Congress con- Currently, there is no formal coordi- cerning the implementation of this section. Such lor treatment to patients based on pre- report shall include information on— nated system to track and collect data vious results and will be able to dis- ‘‘(1) the development and maintenance of the on these diseases, and the lack of com- seminate the information and encour- National Neurological Diseases Surveillance prehensive data collection impedes pro- age high-risk populations to connect to System; gression to finding a cure. In fact, the available resources, but we need to put ‘‘(2) the type of information collected and last national study of the prevalence of stored in the System; in place the first building blocks. The ‘‘(3) the use and availability of such informa- MS was conducted 34 years ago. This epidemiologic evidence supports the tion, including guidelines for such use; and integrated research will help drive in- role of environmental exposure to con- ‘‘(4) the use and coordination of databases novation and will provide a solid un- ditions like multiple sclerosis. MS also that collect or maintain information on neuro- derstanding of how factors such as gen- correlates with high socioeconomic logical diseases. der and age influence disease preva- status, which might reflect improved ‘‘(j) DEFINITION.—In this section, the term lence. sanitation and delayed initial exposure ‘national voluntary health association’ means a As diagnoses are made, we will have national nonprofit organization with chapters, to infectious agents, but we will not be other affiliated organizations, or networks in the ability to create progression mark- able to be sure until we can monitor on States throughout the United States. ers, allowing for the compilation of the a statistically significant basis. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—To data and the construction of treat- Again, I want to reiterate my strong carry out this section, there is authorized to be ments for future patients with similar support for the bill, and I urge my col- appropriated $5,000,000 for each of fiscal years backgrounds. Through these efforts, we leagues to support it. 2012 through 2016.’’. will be able to disseminate information I yield back the balance of my time. The SPEAKER pro tempore. Pursu- and to encourage high-risk populations Mr. PALLONE. Mr. Speaker, I yield ant to the rule, the gentleman from to connect to the available resources. back the balance of my time. New Jersey (Mr. PALLONE) and the gen- This legislation will emphasize the The SPEAKER pro tempore. The tleman from Texas (Mr. BURGESS) each study of the epidemiology of neuro- question is on the motion offered by will control 20 minutes. logical diseases. It is vital that we ex- the gentleman from New Jersey (Mr. The Chair recognizes the gentleman amine previous trends of the disease as PALLONE) that the House suspend the from New Jersey. they relate to geography, environ- rules and pass the bill, H.R. 1362, as GENERAL LEAVE mental factors, and heredity in order amended. Mr. PALLONE. Mr. Speaker, I ask to forecast future trends. In order to The question was taken; and (two- unanimous consent that all Members advance, we must create a foundation thirds being in the affirmative) the may have 5 legislative days in which to of research for the millions of Ameri- rules were suspended and the bill, as revise and extend their remarks and to cans suffering from MS, Parkinson’s, include extraneous material into the amended, was passed. Alzheimer’s, and other conditions. A motion to reconsider was laid on RECORD. The National Neurological Diseases the table. The SPEAKER pro tempore. Is there Surveillance System Act of 2010 has objection to the request of the gen- f wide support, including by the Na- tleman from New Jersey? tional MS Society and the Parkinson’s STEM CELL THERAPEUTIC AND There was no objection. RESEARCH REAUTHORIZATION Mr. PALLONE. I yield myself such Action Network, among many others. ACT OF 2010 time as I may consume. The bill before us reflects countless Mr. Speaker, I rise today in strong hours of negotiation. I want to thank Mr. PALLONE. Mr. Speaker, I move support of H.R. 1362, the National Neu- Anne Morris and Ryan Long, who are to suspend the rules and pass the bill rological Diseases Surveillance System with the committee, as well as Ray (S. 3751) to amend the Stem Cell Thera- Act of 2010. Thorn, who is with Mr. VAN HOLLEN’s peutic and Research Act of 2005. H.R. 1362 seeks to improve our under- office, for their work. This bill went The Clerk read the title of the bill. standing of multiple sclerosis, Parkin- through regular order. It passed the The text of the bill is as follows: son’s disease and other neurological Energy and Commerce Committee S. 3751 diseases by directing the Centers for unanimously, and it has come to the Be it enacted by the Senate and House of Rep- Disease Control and Prevention to floor a better product because of the bi- resentatives of the United States of America in carry out systematic data collection partisan work. Congress assembled, analysis and interpretation. I have spoken to medical students SECTION 1. SHORT TITLE. I ask my colleagues to support H.R. several times recently, and I have told This Act may be cited as the ‘‘Stem Cell 1362, and I reserve the balance of my them that the tools and technologies Therapeutic and Research Reauthorization time. they will have at their disposal will Act of 2010’’.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.204 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7187 SEC. 2. AMENDMENTS TO THE STEM CELL the time of consideration for such extension licate and expand nationwide, as appro- THERAPEUTIC AND RESEARCH ACT of a contract, assist with the establishment priate. If the Secretary cannot identify a OF 2005. of new collection sites, or contract with new project as described in the preceding sen- (a) CORD BLOOD INVENTORY.—Section 2 of collection sites; and tence, the Secretary shall submit a plan, not the Stem Cell Therapeutic and Research Act ‘‘(C) annually provides to the Secretary a later than 180 days after the date on which of 2005 (42 U.S.C. 274k note) is amended— plan for, and demonstrates, ongoing measur- the Secretary was required to identify such a (1) in subsection (a), by inserting ‘‘the in- able progress toward achieving self-suffi- project, to the Committee on Health, Edu- ventory goal of at least’’ before ‘‘150,000’’; ciency of cord blood unit collection and cation, Labor, and Pensions of the Senate (2) in subsection (c)— banking operations.’’; and the Committee on Energy and Commerce (A) in paragraph (2), by striking ‘‘or is (5) in subsection (g)(4), by striking ‘‘or par- of the House of Representatives for expand- transferred’’ and all that follows through the ent’’; and ing remote collection of high quality cord period and inserting ‘‘for a first-degree rel- (6) in subsection (h)— blood units, consistent with the require- ative.’’; and (A) by striking paragraphs (1) and (2) and ments under the National Cord Blood Inven- (B) in paragraph (3), by striking ‘‘150,000’’; inserting the following: tory program under section 2 of the Stem (3) in subsection (d)— ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— Cell Therapeutic and Research Act of 2005 (A) in paragraph (1), by inserting ‘‘begin- There are authorized to be appropriated to and the inventory goal. Each such plan shall ning on the last date on which the recipient the Secretary to carry out the program be made available to the public. of a contract under this section receives Fed- under this section $23,000,000 for each of fis- ‘‘(C) DEFINITION.—In this paragraph, the eral funds under this section’’ after ‘‘10 cal years 2011 through 2014 and $20,000,000 for term ‘remote collection’ means the collec- years’’; fiscal year 2015.’’; tion of cord blood units at locations that do (B) in paragraph (2), by striking ‘‘; and’’ (B) by redesignating paragraph (3) as para- not have written contracts with cord blood and inserting ‘‘;’’; graph (2); and banks for collection support.’’; and (C) by redesignating paragraph (3) as para- (C) in paragraph (2), as so redesignated, by (B) in paragraph (3)(A), by striking graph (5); and striking ‘‘in each of fiscal years 2007 through ‘‘(2)(A)’’ and inserting ‘‘(2)(A)(i)’’; and (D) by inserting after paragraph (2) the fol- 2009’’ and inserting ‘‘for each of fiscal years (3) by striking subsection (f)(5)(A) and in- lowing: 2011 through 2015’’. serting the following: ‘‘(3) will provide a plan to increase cord (b) NATIONAL PROGRAM.—Section 379 of the ‘‘(A) require the establishment of a system blood unit collections at collection sites that Public Health Service Act (42 U.S.C. 274k) is of strict confidentiality to protect the iden- exist at the time of application, assist with amended— tity and privacy of patients and donors in ac- the establishment of new collection sites, or (1) by striking subsection (a)(6) and insert- cordance with Federal and State law; and’’. contract with new collection sites; ing the following: (c) ADDITIONAL REPORTS.— ‘‘(4) will annually provide to the Secretary ‘‘(6) The Secretary, acting through the Ad- (1) INTERIM REPORT.—In addition to the an- a plan for, and demonstrate, ongoing meas- ministrator of the Health Resources and nual report required under section 379(a)(6) urable progress toward achieving self-suffi- Services Administration, shall submit to of the Public Health Service Act (42 U.S.C. ciency of cord blood unit collection and Congress an annual report on the activities 274k(a)(6)), the Secretary of Health and banking operations; and’’; carried out under this section.’’; Human Services (referred to in this sub- (4) in subsection (e)— (2) in subsection (d)— section as the ‘‘Secretary’’), in consultation (A) in paragraph (1)— (A) in paragraph (2)— with the Advisory Council established under (i) by striking ‘‘10 years’’ and inserting ‘‘a (i) in the matter preceding subparagraph such section 379, shall submit to Congress an period of at least 10 years beginning on the (A), by striking ‘‘With respect to cord blood, interim report not later than 180 days after last date on which the recipient of a contract the Program shall—’’ and inserting the fol- the date of enactment of this Act describ- under this section receives Federal funds lowing: ing— under this section’’; and ‘‘(A) IN GENERAL.—With respect to cord (A) the methods to distribute Federal (ii) by striking the second sentence and in- blood, the Program shall—’’; funds to cord blood banks used at the time of serting ‘‘The Secretary shall ensure that no (ii) by redesignating subparagraphs (A) submission of the report; Federal funds shall be obligated under any through (H) as clauses (i) through (viii) re- (B) how cord blood banks contract with such contract after the date that is 5 years spectively; collection sites for the collection of cord after the date on which the contract is en- (iii) by striking clause (iv), as so redesig- blood units; and tered into, except as provided in paragraphs nated, and inserting the following: (C) recommendations for improving the (2) and (3).’’; ‘‘(iv) support and expand new and existing methods to distribute Federal funds de- (B) in paragraph (2)— studies and demonstration and outreach scribed in subparagraph (A) in order to en- (i) in the matter preceding subparagraph projects for the purpose of increasing cord courage the efficient collection of high-qual- (A)— blood unit donation and collection from a ge- ity and diverse cord blood units. (I) by striking ‘‘Subject to paragraph netically diverse population and expanding (2) RECOMMENDATIONS.—Not later than 1 (1)(B), the’’ and inserting ‘‘The’’; and the number of cord blood unit collection year after the date of enactment of this Act, (II) by striking ‘‘3’’ and inserting ‘‘5’’; sites partnering with cord blood banks re- the Advisory Council shall submit rec- (ii) in subparagraph (A) by striking ceiving a contract under the National Cord ommendations to the Secretary with respect ‘‘150,000’’ and all that follows through ‘‘and’’ Blood Inventory program under section 2 of to— at the end and inserting ‘‘the inventory goal the Stem Cell Therapeutic and Research Act (A) whether models for remote collection described in subsection (a) has not yet been of 2005, including such studies and projects of cord blood units should be allowed only met;’’; that focus on— with limited, scientifically-justified safety (iii) in subparagraph (B)— ‘‘(I) remote collection of cord blood units, protections; and (I) by inserting ‘‘meeting the requirements consistent with the requirements under the (B) whether the Secretary should allow for under subsection (d)’’ after ‘‘receive an appli- Program and the National Cord Blood Inven- cord blood unit collection from routine de- cation for a contract under this section’’; tory program goal described in section 2(a) of liveries without temperature or humidity and the Stem Cell Therapeutic and Research Act monitoring of delivery rooms in hospitals (II) by striking ‘‘or the Secretary’’ and all of 2005; and approved by the Joint Commission. that follows through the period at the end ‘‘(II) exploring novel approaches or incen- (d) AUTHORIZATION OF APPROPRIATIONS.— and inserting ‘‘; or’’; and tives to encourage innovative technological Section 379B of the Public Health Service (iv) by adding at the end the following: advances that could be used to collect cord Act (42 U.S.C. 274m) is amended by striking ‘‘(C) the Secretary determines that the blood units, consistent with the require- ‘‘$34,000,000’’ and all that follows through the outstanding inventory need cannot be met ments under the Program and such National period at the end, and inserting ‘‘$30,000,000 by the qualified cord blood banks under con- Cord Blood Inventory program goal;’’; and for each of fiscal years 2011 through 2014 and tract under this section.’’; and (iv) by adding at the end the following: $33,000,000 for fiscal year 2015.’’. (C) by striking paragraph (3) and inserting ‘‘(B) EFFORTS TO INCREASE COLLECTION OF (e) REPORT ON CORD BLOOD UNIT DONATION the following: HIGH QUALITY CORD BLOOD UNITS.—In carrying AND COLLECTION.— ‘‘(3) EXTENSION ELIGIBILITY.—A qualified out subparagraph (A)(iv), not later than 1 (1) IN GENERAL.—Not later than 1 year after cord blood bank shall be eligible for a 5-year year after the date of enactment of the Stem the date of enactment of this Act, the Comp- extension of a contract awarded under this Cell Therapeutic and Research Reauthoriza- troller General of the United States shall section, as described in paragraph (2), pro- tion Act of 2010 and annually thereafter, the submit to the Committee on Health, Edu- vided that the qualified cord blood bank— Secretary shall set an annual goal of increas- cation, Labor, and Pensions and the Com- ‘‘(A) demonstrates a superior ability to ing collections of high quality cord blood mittee on Appropriations of the Senate, the satisfy the requirements described in sub- units, consistent with the inventory goal de- Committee on Energy and Commerce and the section (b) and achieves the overall goals for scribed in section 2(a) of the Stem Cell Committee on Appropriations of the House which the contract was awarded; Therapeutic and Research Act of 2005 (re- of Representatives, and the Secretary of ‘‘(B) provides a plan for how the qualified ferred to in this subparagraph as the ‘inven- Health and Human Services a report review- cord blood bank will increase cord blood unit tory goal’), and shall identify at least one ing studies, demonstration programs, and collections at collection sites that exist at project under subparagraph (A)(iv) to rep- outreach efforts for the purpose of increasing

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.212 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7188 CONGRESSIONAL RECORD — HOUSE September 28, 2010 cord blood unit donation and collection for The SPEAKER pro tempore. Is there projects related to cord blood donation the National Cord Blood Inventory to ensure objection to the request of the gen- and collection to include exploring in- a high-quality and genetically diverse inven- tleman from New Jersey? novative technologies, novel ap- tory of cord blood units. There was no objection. proaches, and expanding the number of (2) CONTENTS.—The report described in Mr. PALLONE. I yield myself such paragraph (1) shall include a review of such collection sites. studies, demonstration programs, and out- time as I may consume. It also extends the term of initial and reach efforts under section 2 of the Stem Cell Mr. Speaker, S. 3751, the Stem Cell contract extensions from 3 to 5 years, Therapeutic and Research Act of 2005 (42 Therapeutic and Research Reauthoriza- making it easier for banks to engage in U.S.C. 274k note) (as amended by this Act) tion Act of 2010, is identical to legisla- long-term relationship building with and section 379 of the Public Health Service tion sponsored by Representatives birthing hospitals. Act (42 U.S.C. 274k) (as amended by this Act), YOUNG and MATSUI, H.R. 6081, and It will also require the cord blood including— passed by voice vote by the Energy and banks to establish a plan for increasing (A) a description of the challenges and bar- Commerce Committee. cord blood unit collections and/or to riers to expanding the number of cord blood S. 3751 would reauthorize the C.W. expand the number of collection sites unit collection sites, including cost, the cash Bill Young Cell Transplantation Pro- flow requirements and operations of award- with which they work and provide a ing contracts, the methods by which funds gram, which includes the national reg- plan for becoming self-sufficient are distributed through contracts, the im- istry for adult donors of bone marrow, Mr. Speaker, each year over 4 million pact of regulatory and administrative re- peripheral blood adult stem cells and babies are born in America. In the past, quirements, and the capacity of cord blood umbilical cord blood units, the Office virtually every placenta and umbilical banks to maintain high-quality units; of Patient Advocacy, and the Stem Cell cord was tossed as medical waste. (B) remote collection or other innovative Therapeutic Outcomes Database. It Today, doctors have turned this med- technological advances that could be used to would also reauthorize the National ical waste into medical miracles. collect cord blood units; Cord Blood Inventory, which is a pro- (C) appropriate methods for improving pro- Not only has God in His wisdom and vider education about collecting cord blood gram that provides grants to public goodness created a placenta and umbil- units for the national inventory and partici- cord blood banks to assist them in col- ical cord to nurture and protect the pation in such collection activities; lecting donated cord blood units that precious life of an unborn child, but (D) estimates of the number of cord blood are then listed on the national reg- now we know that another gift awaits unit collection sites necessary to meet the istry. us immediately after birth. Something outstanding national inventory need and the This is good legislation. It has strong very special is left behind—cord blood characteristics of such collection sites that bipartisan support, and I urge my col- that is teeming with lifesaving stem would help increase the genetic diversity and leagues to support the bill. enhance the quality of cord blood units col- cells. Indeed, it remains one of the best I reserve the balance of my time. kept secrets in America that umbilical lected; Mr. BURGESS. I yield such time as (E) best practices for establishing and sus- cord blood stem cells and adult stem taining partnerships for cord blood unit col- he may consume to the gentleman cells in general are curing people of a lection at medical facilities with a high from New Jersey (Mr. SMITH). myriad of terrible conditions and dis- Mr. SMITH of New Jersey. I thank number of minority births; eases—over 70 diseases in adults as well my good friend for yielding. (F) potential and proven incentives to en- as in children. To Chairman PALLONE, thank you. courage hospitals to become cord blood unit Cord blood transplants are on the collection sites and partner with cord blood Mr. Speaker, today the House will cutting edge of science for the treat- banks participating in the National Cord vote to reauthorize the Stem Cell Blood Inventory under section 2 of the Stem Therapeutic and Research Act, which ment of leukemia. In June, researcher Dr. Mary Eapen of the Medical College Cell Therapeutic and Research Act of 2005 is the law that I, along with ARTUR and to assist cord blood banks in expanding of Wisconsin said that, in treating leu- DAVIS, sponsored back in 2005. the number of cord blood unit collection That law created a new nationwide kemia in adult patients, cord blood is sites with which such cord blood banks part- so flexible that it even worked when ner; umbilical cord blood stem cell pro- gram, designed to collect, derive, type, it’s not an exact match. ‘‘What we (G) recommendations about methods cord found is when you look at the outcome blood banks and collection sites could use to and freeze cord blood units for trans- lower costs and improve efficiency of cord plantation into patients to mitigate of leukemia-free survival, which is the blood unit collection without decreasing the and to even cure serious disease. Pur- likelihood of a patient being alive quality of the cord blood units collected; and suant to the law, it also provided stem without disease, it’s the same whether (H) a description of the methods used prior cells for research. The new cord blood you are transplanting using an adult to the date of enactment of this Act to dis- program was combined in our 2005 law graft which is from an adult donor or a tribute funds to cord blood banks and rec- cord blood unit.’’ Very promising re- ommendations for how to improve such with an expanded bone marrow initia- tive, which was crafted over several sults are also being found in children methods to encourage the efficient collec- with leukemia who undergo cord blood tion of high-quality and diverse cord blood years by our distinguished colleague units, consistent with the requirements of BILL YOUNG. transplants, with 60 percent of patients the C.W. Bill Young Cell Transplantation Since the program was enacted in alive and leukemia-free at 60 months. Program and the National Cord Blood Inven- 2005, 12 cord blood banks have received In addition to treating blood cancers, tory program under section 2 of the Stem contracts with the Health Resources clinical trials are underway for the Cell Therapeutic and Research Act of 2005. and Services Administration. Earlier treatment of many other cancers, such (f) DEFINITION.—In this Act, the term ‘‘re- this year, HRSA reported that there as breast and kidney cancer and treat- mote collection’’ has the meaning given such ing solid tumors. Human clinical trials term in section 379(d)(2)(C) of the Public were some 27,493 cord blood units col- lected and that another 13,000-plus show promise in treating type 1 diabe- Health Service Act. tes, cerebral palsy, metabolic storage The SPEAKER pro tempore (Mr. units will be collected with the funds that have already been awarded. diseases, brain injury and KRATOVIL). Pursuant to the rule, the The reauthorization before us au- encephalopathy, respiratory distress in gentleman from New Jersey (Mr. thorizes $23 million to be appropriated newborns, spinal cord injury, and car- PALLONE) and the gentleman from for fiscal year 2011 through fiscal year tilage injuries. Texas (Mr. BURGESS) each will control 2014 and $20 million for fiscal year 2015 Cord blood stem cells transplants can 20 minutes. for the national cord blood inventory, cure sickle cell anemia, one of the The Chair recognizes the gentleman and it also authorizes $30 million to be most horrific diseases suffered by and from New Jersey. appropriated for fiscal years 2011 affecting one out of every 500 African GENERAL LEAVE through 2014 and $33 million for fiscal Americans in America. Mr. PALLONE. Mr. Speaker, I ask year 2015 for the bone marrow trans- The legislation that is before us, unanimous consent that all Members plant program. thankfully, has already cleared the may have 5 legislative days in which to Senate and will soon be down to the revise and extend their remarks and to b 2210 President’s desk for signature. The leg- include extraneous material in the It also enhances the studies, dem- islation before us lays out many impor- RECORD. onstration programs and outreach tant goals and benchmarks so that

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.212 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7189 more patients will be able to receive Whereas the National Eye Institute esti- blindness, through education and by fa- the treatments that they so des- mates that more than 42 million Americans cilitating access to medical eye care. perately need. have common vision problems, such as myo- Since its founding, EyeCare America Dr. Joanne Kurtzberg with Duke Uni- pia (nearsightedness) and hyperopia (far- has helped over 1 million people, which versity Medical Center recently stated sightedness); Whereas approximately 35 million Ameri- makes it one of the largest public serv- in a review of the successes of cord cans experience an age-related eye disease, ice programs of its kind. In fulfilling blood transplantations: ‘‘Cord blood such as age-related macular degeneration its mission, EyeCare America has also transplantation is now an established (the leading cause of vision loss in older had over 7,000 volunteers. This high- field with enormous potential. In the Americans), glaucoma, diabetic retinopathy, lights what many of us have known for future, it may emerge as a source of or cataracts; a long time—Americans care for one cells for cellular therapies focused on Whereas the number of Americans to expe- another and they are willing to donate tissue repair and regeneration.’’ rience an age-related eye disease is expected their time and energy to help others. This is a great bill. It is bipartisan to increase to 50 million by 2020; Whereas vision impairment and eye disease And this work has been important. and deserves the support of the entire Already, over 40 million Americans are body. is a major public health issue; Whereas 2010 begins the decade in which nearsighted or farsighted. And as the Mr. BURGESS. Mr. Speaker, I yield the 78 million baby boomers will begin to over 65 population grows, more Ameri- myself 1 minute. turn 65 and be at greater risk for certain cans are being diagnosed with age-re- I urge passage of S. 3751 to reauthor- forms of eye disease; lated eye diseases such as macular de- ize the Stem Cell Therapeutic and Re- Whereas much can be done to preserve generation, glaucoma, diabetic retinop- search Authorization Act that was en- sight with early detection and treatment; athy, and cataracts. By educating acted in 2005 and is now being imple- Whereas EyeCare America, the public serv- Americans on the importance of early mented. ice program of the Foundation of the Amer- The C.W. Bill Young Cell Transplan- ican Academy of Ophthalmology, works to detection and treatments, and by help- tation Program provides support to pa- ensure that eye health is not neglected, by ing refer qualifying patients to volun- tients with leukemia, lymphoma, and matching eligible patients with one of more teer ophthalmologists, EyeCare Amer- sickle cell who need a potentially life- than 7,000 volunteer ophthalmologists across ica is doing its part to help prevent the county committed to preventing unnec- saving bone marrow or cord blood avoidable eye diseases. essary blindness in their communities; I would like to thank my fellow transplant. One of the goals of the pro- Whereas these volunteer ophthalmologists Texan, Representative GENE GREEN, for gram is to increase the amount of mar- provide seniors with eye examinations and row donors and cord blood units. care for up to one year at no out-of-pocket his work on this resolution. I congratu- This program has been a success, and cost to the patient; late EyeCare America and its 7,000 vol- the reauthorization will allow us to Whereas individuals throughout the United unteers for their efforts over the last 25 continue the good work that was start- States may contact EyeCare America to see years. As a fellow physician and co- ed in 2005. if they are eligible to be referred to a volun- sponsor of this legislation, let me just Again, I urge my colleagues to sup- teer ophthalmologist; and say, Keep up the good work. port the bill. Whereas EyeCare America has helped over Mr. Speaker, I urge Members to sup- I yield back the balance of my time. 1 million people since its inception in 1985 port H. Res. 1226. Mr. PALLONE. Mr. Speaker, I urge and is one of the largest public service pro- grams of its kind in American medicine I yield back the balance of my time. passage of the bill, and I yield back the today: Now, therefore, be it Mr. PALLONE. Mr. Speaker, I ask balance of my time. Resolved, That the House of Representa- for passage of the legislation, and I The SPEAKER pro tempore. The tives commends EyeCare America for its yield back the balance of my time. question is on the motion offered by work over the last 25 years. The SPEAKER pro tempore. The the gentleman from New Jersey (Mr. The SPEAKER pro tempore. Pursu- question is on the motion offered by PALLONE) that the House suspend the ant to the rule, the gentleman from the gentleman from New Jersey (Mr. rules and pass the bill, S. 3751. New Jersey (Mr. PALLONE) and the gen- PALLONE) that the House suspend the The question was taken. tleman from Texas (Mr. BURGESS) each rules and agree to the resolution, H. The SPEAKER pro tempore. In the will control 20 minutes. Res. 1226, as amended. opinion of the Chair, two-thirds being The Chair recognizes the gentleman The question was taken; and (two- in the affirmative, the ayes have it. from New Jersey. thirds being in the affirmative) the Mr. BURGESS. Mr. Speaker, I object GENERAL LEAVE rules were suspended and the resolu- to the vote on the ground that a Mr. PALLONE. Mr. Speaker, I ask tion, as amended, was agreed to. quorum is not present and make the unanimous consent that all Members A motion to reconsider was laid on point of order that a quorum is not may have 5 legislative days in which to the table. present. revise and extend their remarks and in- The SPEAKER pro tempore. Pursu- clude extraneous material in the f ant to clause 8 of rule XX and the RECORD. Chair’s prior announcement, further The SPEAKER pro tempore. Is there HEART DISEASE EDUCATION, proceedings on this motion will be objection to the request of the gen- ANALYSIS RESEARCH, AND postponed. tleman from New Jersey? TREATMENT FOR WOMEN ACT The point of no quorum is considered There was no objection. Mr. PALLONE. Mr. Speaker, I move withdrawn. Mr. PALLONE. Mr. Speaker, I rise to suspend the rules and pass the bill f today in support of House Resolution (H.R. 1032) to amend the Federal Food, COMMENDING EYECARE AMERICA 1226. This resolution recognizes Drug, and Cosmetic Act and the Public Mr. PALLONE. Mr. Speaker, I move EyeCare America, a public service pro- Health Service Act to improve the pre- to suspend the rules and agree to the gram with the Foundation of the vention, diagnosis, and treatment of resolution (H. Res. 1226) commending American Academy of Ophthalmology, heart disease, stroke, and other cardio- EyeCare America for its work over the for 25 years of service. I urge my col- vascular diseases in women, as amend- last 25 years, as amended. leagues to support House Resolution ed. The Clerk read the title of the resolu- 1226. The Clerk read the title of the bill. tion. I reserve the balance of my time. The text of the bill is as follows: The text of the resolution is as fol- Mr. BURGESS. Mr. Speaker, I yield H.R. 1032 myself such time as I may consume. lows: Be it enacted by the Senate and House of Rep- I rise in support of H. Res. 1226, com- H. RES. 1226 resentatives of the United States of America in mending EyeCare America for its work Whereas American public opinion polls Congress assembled, have identified fear of loss of vision as sec- over the past 25 years. SECTION 1. SHORT TITLE. ond only to fear of cancer; The American Academy of Ophthal- This Act may be cited as the ‘‘Heart Disease Whereas in those public opinion polls mology founded EyeCare America in Education, Analysis Research, and Treatment Americans have said that loss of vision 1985. Its vision is to lower the incidence for Women Act’’ or the ‘‘HEART for Women would have significant impact on their lives; of severe visual impairments, including Act’’.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\K28SE7.298 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7190 CONGRESSIONAL RECORD — HOUSE September 28, 2010 SEC. 2. REPORT BY GOVERNMENT ACCOUNT- heart disease, stroke, and other cardiovascular sured and underinsured women who are ABILITY OFFICE. diseases in women.’’. at high risk of heart disease. (a) IN GENERAL.—The Comptroller General of SEC. 4. EXTENSION OF WISEWOMAN PROGRAM. I urge my colleagues to support the the United States shall conduct a study inves- Section 1509 of the Public Health Service Act bill. tigating the extent to which sponsors of clinical (42 U.S.C. 300n–4a) is amended— Mrs. CAPPS. Mr. Speaker, I rise in strong studies of investigational drugs, biologics, and (1) in subsection (a)— devices and sponsors of applications for ap- support of H.R. 1032, the HEART for Women (A) by striking the heading and inserting ‘‘IN Act. As you may know, heart disease is the proval or licensure of new drugs, biologics, and GENERAL.—’’; and devices comply with Food and Drug Administra- (B) in the matter preceding paragraph (1), by number one killer of American women, claim- tion requirements and follow guidance for pres- striking ‘‘may make grants’’ and all that follows ing the lives of over 400,000 women annually. entation of clinical study safety and effective- through ‘‘purpose’’ and inserting the following: The HEART for Women Act seeks to im- ness data by sex, age, and racial subgroups. ‘‘may make grants to such States for the pur- prove our capability to prevent, diagnose and (b) REPORT BY GAO.— pose’’; and treat heart disease in women in three ways. (1) SUBMISSION.—Not later than 12 months (2) in subsection (d)(1), by striking ‘‘there are First, it requires a GAO report to carefully after the date of the enactment of this Act, the authorized’’ and all that follows through the look at the FDA’s record of evaluating new Comptroller General shall complete the study period and inserting ‘‘there are authorized to be drug and device applications in an effort to en- under subsection (a) and submit to the Com- appropriated $23,000,000 for fiscal year 2012, mittee on Energy and Commerce of the House of sure we are taking into account how new $25,300,000 for fiscal year 2013, $27,800,000 for drugs and devices affect women differently Representatives and the Committee on Health, fiscal year 2014, $30,800,000 for fiscal year 2015, Education, Labor, and Pensions of the Senate a and $34,000,000 for fiscal year 2016.’’. than men as well as people of different report on the results of such study. ethnicities or ages. The SPEAKER pro tempore. Pursu- (2) CONTENTS.—The report required by para- This could not be more timely following the graph (1) shall include each of the following: ant to the rule, the gentleman from recently released Institute of Medicine report (A) A description of the extent to which the New Jersey (Mr. PALLONE) and the gen- ‘‘Women’s Health Research: Progress, Pitfalls, Food and Drug Administration assists sponsors tleman from Texas (Mr. BURGESS) each and Promise’’ recommending that ‘‘all medical in complying with the requirements and fol- will control 20 minutes. lowing the guidance referred to in subsection product evaluations by the Food and Drug Ad- The Chair recognizes the gentleman ministration present efficacy and safety data (a). from New Jersey. (B) A description of the effectiveness of the separately for men and women. . .’’ Food and Drug Administration’s enforcement of GENERAL LEAVE Second, the bill requires the Secretary to re- compliance with such requirements. Mr. PALLONE. Mr. Speaker, I ask port on the quality and access to care for (C) An analysis of the extent to which fe- unanimous consent that all Members women with heart disease, stroke and other males, racial and ethnic minorities, and adults may have 5 legislative days in which to cardiovascular disease. of all ages are adequately represented in Food revise and extend their remarks and in- And finally, it expands the CDC’s successful and Drug Administration-approved clinical clude extraneous material in the WISEWOMAN program which provides critical studies (at all phases) so that product safety RECORD. cardiovascular screening, treatment, education and effectiveness data can be evaluated by gen- der, age, and racial subgroup. The SPEAKER pro tempore. Is there and prevention services to low-income (D) An analysis of the extent to which a sum- objection to the request of the gen- women. mary of product safety and effectiveness data tleman from New Jersey? I’d like to thank the broad coalition of sup- disaggregated by sex, age, and racial subgroup There was no objection. porters who have endorsed this legislation, es- is readily available to the public in a timely pecially American Heart Association, b 2220 manner by means of the product label or the WomenHeart and the Society for Women’s Food and Drug Administration’s Website. Mr. PALLONE. I yield myself such Health Research. (E) Appropriate recommendations for— time as I may consume. I urge my colleagues to vote in favor of this (i) modifications to the requirements and guid- I rise today in strong support of H.R. legislation and in favor of improving the health ance referred to in subsection (a); or 1032, the HEART for Women Act. Heart of women living with heart disease. (ii) oversight by the Food and Drug Adminis- Mr. BURGESS. I yield back the bal- tration of such requirements. disease is the number one killer of (c) REPORT BY HHS.—Not later than 6 months women, and stroke is the number three ance of my time. after the submission by the Comptroller General killer of women. H.R. 1032 expands the Mr. PALLONE. Mr. Speaker, I urge of the report required under subsection (b), the CDC’s Wise Women Program, which passage of the bill, and I yield back the Secretary of Health and Human Services shall serves low-income, uninsured, and balance of my time. submit to the Committee on Energy and Com- underinsured women by providing car- The SPEAKER pro tempore. The merce of the House of Representatives and the diovascular disease screenings, refer- question is on the motion offered by Committee on Health, Education, Labor, and rals, outreach, and education about the gentleman from New Jersey (Mr. Pensions of the Senate a response to that report, PALLONE) that the House suspend the including a corrective action plan as needed to healthy behaviors. I urge my colleagues to support this rules and pass the bill, H.R. 1032, as respond to the recommendations in that report. amended. (d) DEFINITIONS.—In this section: legislation. (1) The term ‘‘biologic’’ has the meaning given I reserve the balance of my time. The question was taken. to the term ‘‘biological product’’ in section 351(i) Mr. BURGESS. Mr. Speaker, I yield The SPEAKER pro tempore. In the of the Public Health Service Act (42 U.S.C. myself such time as I may consume. opinion of the Chair, two-thirds being 262(i)). H.R. 1032, the Heart Disease Edu- in the affirmative, the ayes have it. Mr. BURGESS. Mr. Speaker, I object (2) The term ‘‘device’’ has the meaning given cation, Analysis, Research, and Treat- to such term in section 201(h) of the Federal to the vote on the ground that a ment for Women Act, would take sev- Food, Drug, and Cosmetic Act (21 U.S.C. quorum is not present and make the eral important steps in the fight 321(h)). point of order that a quorum is not against heart disease, stroke, and other (3) The term ‘‘drug’’ has the meaning given to present. such term in section 201(g) of the Federal Food, cardiovascular diseases. The SPEAKER pro tempore. Pursu- Drug, and Cosmetic Act (21 U.S.C. 321(g)). First, the amended bill would require ant to clause 8 of rule XX and the SEC. 3. REPORTING ON QUALITY OF AND ACCESS the Government Accountability Office Chair’s prior announcement, further TO CARE FOR WOMEN WITH CARDIO- to conduct a study on the extent to proceedings on this motion will be VASCULAR DISEASES. which sponsors of new drugs, biologics, Part P of title III of the Public Health Service postponed. Act (42 U.S.C. 280g et seq.) is amended by add- and devices follow current guidelines The point of no quorum is considered ing at the end the following: with respect to providing clinical trial withdrawn. data by gender and ethnicity. It would ‘‘SEC. 399V–5. REPORTING ON QUALITY OF AND f ACCESS TO CARE FOR WOMEN WITH also require the Secretary to submit a CARDIOVASCULAR DISEASES. report to Congress by September 30, SCLERODERMA RESEARCH AND ‘‘Not later than September 30, 2013, and annu- 2013, and annually thereafter on the AWARENESS ACT OF 2010 ally thereafter, the Secretary of Health and quality and access to care for women Mr. PALLONE. Mr. Speaker, I move Human Services shall prepare and submit to the with heart disease, stroke, and other Congress a report on the quality of and access to suspend the rules and pass the bill to care for women with heart disease, stroke, cardiovascular disease. Finally, the bill (H.R. 2408) to expand the research and and other cardiovascular diseases. The report would reauthorize the Wise Women awareness activities of the National In- shall contain recommendations for eliminating Program for 5 years. The program pro- stitute of Arthritis and Musculo- disparities in, and improving the treatment of, vides preventative benefits to unin- skeletal and Skin Diseases and the

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.208 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7191 Centers for Disease Control and Pre- I reserve the balance of my time. the gentleman from New Jersey (Mr. vention with respect to scleroderma, Mr. BURGESS. Mr. Speaker, I yield PALLONE) that the House suspend the and for other purposes, as amended. myself such time as I may consume. rules and pass the bill, H.R. 2408, as The Clerk read the title of the bill. H.R. 2408, the Scleroderma Research amended. The text of the bill is as follows: and Awareness Act, would expand re- The question was taken. H.R. 2408 search and education for scleroderma. The SPEAKER pro tempore. In the Be it enacted by the Senate and House of Rep- There are an estimated 300,000 people opinion of the Chair, two-thirds being resentatives of the United States of America in in the United States who have this dis- in the affirmative, the ayes have it. Congress assembled, ease. The exact cause or causes of Mr. BURGESS. Mr. Speaker, I object SECTION 1. SHORT TITLE. scleroderma are still unknown, but sci- to the vote on the ground that a This Act may be cited as the ‘‘Scleroderma Re- entists and medical investigators in a quorum is not present and make the search and Awareness Act of 2010’’. wide variety of fields are working to point of order that a quorum is not SEC. 2. NATIONAL INSTITUTE OF ARTHRITIS AND make those determinations. present. MUSCULOSKELETAL AND SKIN DIS- Scleroderma, or systemic sclerosis, is The SPEAKER pro tempore. Pursu- EASES; SCLERODERMA RESEARCH ant to clause 8 of rule XX and the EXPANSION. a chronic connective tissue disease Chair’s prior announcement, further Part B of title IV of the Public Health Service generally classified as one of the auto- Act (42 U.S.C. 284 et seq.) is amended by adding immune rheumatic diseases. This bill proceedings on this motion will be at the end the following: will provide the Department of Health postponed. The point of no quorum is considered ‘‘SEC. 409K. SCLERODERMA RESEARCH. and Human Services flexibility to help withdrawn. ‘‘The Director of NIH may expand, intensify, us in the fight against scleroderma in and coordinate the activities of the National In- the following ways: First, the bill f stitutes of Health with respect to scleroderma, with particular emphasis on the following: would allow but not require the direc- NEGLECTED INFECTIONS OF IM- ‘‘(1) Research focused on the etiology of tor of the National Institute of Arthri- POVERISHED AMERICANS ACT scleroderma and the development of new treat- tis and Musculoskeletal and Skin Dis- OF 2010 ment options. eases of the National Institutes of Mr. PALLONE. Mr. Speaker, I move ‘‘(2) Clinical research to evaluate new treat- Health to expand, intensify, and co- to suspend the rules and pass the bill ments options. ordinate the activities of the institute (H.R. 5986) to require the submission of ‘‘(3) Basic research on the relationship be- with respect to scleroderma. Second, tween scleroderma and secondary conditions a report to the Congress on parasitic such as pulmonary hypertension, gastroparesis, the amended bill would allow but not disease among poor Americans. Raynaud’s phenomenon, Sjo¨gren’s Syndrome, require the Health and Human Services The Clerk read the title of the bill. and other diseases as determined by the Direc- Secretary, acting through the Centers The text of the bill is as follows: tor.’’. for Disease Control, to carry out an H.R. 5986 SEC. 3. PROMOTING PUBLIC AWARENESS OF educational campaign to increase pub- Be it enacted by the Senate and House of Rep- SCLERODERMA. lic awareness of scleroderma. resentatives of the United States of America in Part P of title III of the Public Health Service This bill underwent some very impor- Congress assembled, Act (42 U.S.C. 280g et seq.) is amended by add- tant modifications at the committee SECTION 1. SHORT TITLE. ing at the end the following: level. I think it is a better bill for that This Act may be cited as the ‘‘Neglected ‘‘SEC. 399V–5. PROMOTING PUBLIC AWARENESS bipartisan effort. I do urge my col- Infections of Impoverished Americans Act of OF SCLERODERMA. 2010’’. leagues to support this legislation. ‘‘The Secretary may carry out an educational SEC. 2. REPORT TO CONGRESS ON THE CURRENT campaign to increase public awareness of Mrs. CAPPS. Mr. Speaker, I rise in strong STATE OF PARASITIC DISEASES scleroderma. Print, video, and Web-based mate- support of H.R. 2408, the Scleroderma Re- THAT HAVE BEEN OVERLOOKED rials distributed through this campaign may in- search and Awareness Act. AMONG THE POOREST AMERICANS. clude— Scleroderma is a chronic connective tissue (a) IN GENERAL.—Not later than 12 months after the date of the enactment of this Act, ‘‘(1) basic information on scleroderma and its disease in which hardening of the skin is one symptoms; and the Secretary of Health and Human Services ‘‘(2) information on— of the most visible manifestations of the dis- shall report to the Congress on the epidemi- ‘‘(A) the incidence and prevalence of ease. ology of, impact of, and appropriate funding scleroderma; An estimated 300,000 people in the United required to address neglected diseases of pov- ‘‘(B) diseases and conditions affiliated with States have scleroderma and female patients erty, including neglected parasitic diseases scleroderma; or outnumber male patients an astonishing four such as— ‘‘(C) the importance of early diagnosis and to one. (1) Chagas disease; treatment of scleroderma.’’. The exact cause or causes of scleroderma (2) cysticercosis; (3) toxocariasis; The SPEAKER pro tempore. Pursu- are still unknown and there is no cure, which ant to the rule, the gentleman from (4) toxoplasmosis; make greater research into this disease all the (5) trichomoniasis; New Jersey (Mr. PALLONE) and the gen- more necessary. (6) the soil-transmitted helminths; and tleman from Texas (Mr. BURGESS) each H.R. 2408 would encourage NIH to conduct (7) other related diseases, as designated by will control 20 minutes. more research into Scleroderma and encour- the Secretary. The Chair recognizes the gentleman age the Secretary of Health & Human Serv- (b) REQUIRED INFORMATION.—The report from New Jersey. ices to conduct a public awareness campaign under subsection (a) should provide the in- GENERAL LEAVE formation necessary to guide future health about the disease. policy to— Mr. PALLONE. Mr. Speaker, I ask Passage of this bill out of Committee and in (1) accurately evaluate the current state of unanimous consent that all Members the House of Representatives would not be knowledge concerning diseases described in may have 5 legislative days in which to possible without the grassroots advocacy of such subsection and define gaps in such revise and extend their remarks and in- patients and families of patients with knowledge; and clude extraneous material in the Scleroderma so I would like to thank them (2) address the threat of such diseases. RECORD. personally for helping us reach today. The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there Finally, I would like to thank the lead Re- ant to the rule, the gentleman from objection to the request of the gen- publican co-sponsor of this legislation, VERN New Jersey (Mr. PALLONE) and the gen- tleman from New Jersey? EHLERS of Michigan for his continued support tleman from Texas (Mr. BURGESS) each There was no objection. of H.R. 2408. will control 20 minutes. Mr. PALLONE. Mr. Speaker, I rise I urge my colleagues to vote in favor of this The Chair recognizes the gentleman today in strong support of H.R. 2408, bill. from New Jersey. the Scleroderma Research and Aware- Mr. BURGESS. I yield back the bal- GENERAL LEAVE ness Act. H.R. 2408 would encourage ance of my time. Mr. PALLONE. Mr. Speaker, I ask NIH to conduct more research into Mr. PALLONE. Mr. Speaker, I urge unanimous consent that all Members scleroderma and encourage HHS to passage of the bill, and I yield back the may have 5 legislative days in which to conduct a public awareness campaign balance of my time. revise and extend their remarks and in- about scleroderma. I urge my col- The SPEAKER pro tempore. The clude extraneous material in the leagues to support this legislation. question is on the motion offered by RECORD.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.304 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7192 CONGRESSIONAL RECORD — HOUSE September 28, 2010 The SPEAKER pro tempore. Is there I support our efforts to fight neglected infec- (i) efforts to better determine the preva- objection to the request of the gen- tions abroad and it is time that we begin to lence of diabetes among Asian Americans tleman from New Jersey? fight these infections here at home. and Pacific Islanders subgroups; and There was no objection. This bill has bipartisan support because we (ii) efforts to coordinate data collection on Mr. PALLONE. Mr. Speaker, I rise can all agree that better information is nec- the American Indian population. today in strong support of H.R. 5986, (C) Community-based interventions tar- essary to understand the threat of these dis- geting minority populations, including with the Neglected Infections of Impover- eases and guide future health policy. respect to— ished Americans Act of 2010. This bill I urge my colleagues to support this bill. (i) the evidence base for such interven- requires a report that will help CDC Mr. BURGESS. I yield back the bal- tions; and Congress to determine the best and ance of my time. (ii) the cultural appropriateness of such most effective next steps for addressing Mr. PALLONE. Mr. Speaker, I urge interventions; and neglected infections of poverty in the passage of the bill, and I yield back the (iii) efforts to educate the public on the United States. balance of my time. causes and consequences of diabetes. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The (D) Education and training of health pro- my time. question is on the motion offered by fessionals (including community health Mr. BURGESS. Mr. Speaker, I yield the gentleman from New Jersey (Mr. workers) on the prevention and management of diabetes and its related complications PALLONE) that the House suspend the myself such time as I may consume. that is supported by the Health Resources H.R. 5986, the Neglected Infections of rules and pass the bill, H.R. 5986. and Services Administration, including Impoverished Americans Act of 2010, The question was taken; and (two- through— would require the Secretary of Health thirds being in the affirmative) the (i) the National Health Service Corps pro- and Human Services to issue a report rules were suspended and the bill was gram; and on neglected diseases of poverty, in- passed. (ii) the community health center program. cluding parasitic diseases. Researchers A motion to reconsider was laid on (2) RECOMMENDATIONS.—Recommendations have suggested that poor citizens are the table. for improvement of the research and other public health activities of the Department of affected by infections, including those f caused by parasites. Under the bill, the Health and Human Services with respect to DIABETES IN MINORITY POPU- diabetes among minority populations, in- Health and Human Services Depart- LATIONS EVALUATION ACT OF cluding recommendations for coordination ment must conduct a study within 12 2010 and comprehensive planning of such research months on the epidemiology and im- and activities. pact of neglected parasitic infections Mr. PALLONE. Mr. Speaker, I move (c) DEFINITION.—In this Act, the term ‘‘mi- associated with poverty. The report to suspend the rules and pass the bill nority population’’ means a racial and ethnic would provide the information to guide (H.R. 1995) to amend the Public Health minority group, as defined in section 1707(g) future health policy so we can accu- Service Act to prevent and treat diabe- of the Public Health Service Act (42 U.S.C. rately evaluate the current state of tes, to promote and improve the care of 300u–6(g)). knowledge concerning such diseases individuals with diabetes, and to re- The SPEAKER pro tempore. Pursu- and define gaps in the knowledge so duce health disparities, relating to dia- ant to the rule, the gentleman from that we can properly address the threat betes, within racial and ethnic minor- New Jersey (Mr. PALLONE) and the gen- of such illnesses. It’s a worthwhile en- ity groups, including the African- tleman from Texas (Mr. BURGESS) each deavor. It’s been significantly modified American, Hispanic American, Asian will control 20 minutes. by the committee process, and I urge American, Native Hawaiian and Other The Chair recognizes the gentleman my colleagues to support it. Pacific Islander, and American Indian from New Jersey. Mr. JOHNSON of Georgia. Mr. Speaker, I and Alaskan Native communities, as GENERAL LEAVE rise today in support of my bill H.R. 5986, the amended. Mr. PALLONE. Mr. Speaker, I ask Neglected Infections of Impoverished Ameri- The Clerk read the title of the bill. unanimous consent that all Members cans Act of 2010. This bill would require the The text of the bill is as follows: may have 5 legislative days in which to Secretary of Health and Human Services to H.R. 1995 revise and extend their remarks and in- report to Congress on the epidemiology of, im- Be it enacted by the Senate and House of Rep- clude extraneous material in the resentatives of the United States of America in pact of, and appropriate funding required to RECORD. address neglected diseases of poverty, includ- Congress assembled, The SPEAKER pro tempore. Is there ing neglected parasitic diseases such as SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Diabetes in objection to the request of the gen- Chagas disease, cysticercosis, toxocariasis, Minority Populations Evaluation Act of tleman from New Jersey? toxoplasmosis, trichomoniasis, the soil-trans- 2010’’. There was no objection. mitted helminths, and other related diseases. SEC. 2. REPORT ON RESEARCH AND OTHER PUB- Mr. PALLONE. Mr. Speaker, I yield The bill requires the report to provide the infor- LIC HEALTH ACTIVITIES OF HHS myself such time as I may consume. mation necessary to guide future health policy WITH RESPECT TO DIABETES I rise today in strong support of H.R. to accurately evaluate the current state of AMONG MINORITY POPULATIONS. 1995, the Diabetes in Minority Popu- (a) IN GENERAL.—Not later than 18 months knowledge concerning these diseases and de- after the date of enactment of this Act, the lations Evaluation Act of 2010. H.R. fine gaps in such knowledge and address the Secretary of Health and Human Services 1995 directs the Secretary of Health threat of these diseases. shall submit to the Congress a report on the and Human Services to submit a report Mr. Speaker, according to the Centers for research and other public health activities of to Congress on the Department’s re- Disease Control and Prevention (CDC), ne- the Department of Health and Human Serv- search and other public health activi- glected infections of poverty are a group of ices with respect to diabetes among minority ties with respect to diabetes among mi- parasitic, bacterial, and viral infections that populations. nority populations. disproportionately affect impoverished groups, (b) REQUIRED CONTENTS.—At a minimum, cause illness in a significant number of peo- the report under subsection (a) shall include, b 2230 with respect to research and activities de- I ask my colleagues to support H.R. ple, and receive limited attention in tracking, scribed in subsection (a), the following: prevention, and treatment. A CDC fact sheet (1) EVALUATION.—An evaluation of the fol- 1995. on Neglected Infections of Poverty states that lowing: I reserve the balance of my time. improved tracking and research would help (A) Research on diabetes among minority Mr. BURGESS. Mr. Speaker, I yield combat these diseases. populations, including with respect to— myself such time as I may consume. Neglected infections of poverty are associ- (i) genetic, behavioral, and environmental H.R. 1995, the Eliminating Disparities ated with communities with contaminated play- factors that may contribute to dispropor- in Diabetes Prevention and Access and grounds or other public spaces and lack of ac- tionate rates of diabetes among these popu- Care Act, would authorize a study on cess to the health care system. This bill will lations; and how diabetes affects those with health (ii) prevention of complications among in- disparities. help public health officials understand where dividuals within these populations who have these illnesses are and how many Americans already developed diabetes. Diabetes affects an estimated 24 mil- are infected so that we can begin to deal with (B) Surveillance and data collection on di- lion Americans. Approximately 57 mil- the negative health outcomes associated with abetes among minority populations, includ- lion Americans have a pre-diabetic these infections. ing with respect to— condition. Type 1 diabetes is a disease

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.307 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7193 which results from the body’s failure to ‘‘SEC. 317U. ACQUIRED BONE MARROW FAILURE ‘‘SEC. 317V. BEST PRACTICES FOR DIAGNOSIS OF produce insulin. Type 2 diabetes, which DISEASE RESEARCH. AND CARE FOR INDIVIDUALS WITH ‘‘(a) IN GENERAL.—The Secretary may con- ACQUIRED BONE MARROW FAILURE is far more common, results from the DISEASES. body’s inability to make enough insu- duct research on acquired bone marrow failure diseases. Such research may address factors in- ‘‘(a) GRANTS.—The Secretary, acting through lin or properly use insulin, or the body cluding— the Director of the Agency for Healthcare Re- is peripherally resistant to insulin. ‘‘(1) trends in the characteristics of individ- search and Quality, may award grants to re- According to the World Health Orga- uals who are diagnosed with acquired bone mar- searchers to study best practices with respect to nization, an astonishing 6 percent of row failure diseases, including age, race and diagnosing acquired bone marrow failure dis- the world’s population is affected with ethnicity, general geographic location, sex, fam- eases and providing care to individuals with diabetes, causing six deaths every ily history, and any other characteristics deter- such diseases. minute and 3.2 million deaths yearly. mined appropriate by the Secretary; ‘‘(b) DEFINITION.—In this section, the term In the United States we spend well ‘‘(2) the genetic and environmental factors, ‘acquired bone marrow failure disease’ has the meaning given such term in section 317U(c).’’. over $200 billion a year on diabetes, yet including exposure to toxins, that may be asso- the 2006 diabetes mortality rate for ciated with developing acquired bone marrow The SPEAKER pro tempore. Pursu- Texas was 27 deaths per 100,000 persons. failure diseases; ant to the rule, the gentleman from For my Hispanic and African American ‘‘(3) approaches to treating acquired bone New Jersey (Mr. PALLONE) and the gen- marrow failure diseases; constituents, the rate was 42 and 49 per tleman from Texas (Mr. BURGESS) each ‘‘(4) outcomes for individuals treated for ac- will control 20 minutes. 100,000; 1.7 million Texans over 18 years quired bone marrow failure diseases, including old have diabetes, and it is our State’s outcomes for recipients of stem cell therapeutic The Chair recognizes the gentleman sixth leading cause of death. products; and from New Jersey. This bill would allow us to under- ‘‘(5) any other factors pertaining to acquired GENERAL LEAVE stand if minorities have a higher preva- bone marrow failure diseases determined appro- Mr. PALLONE. Mr. Speaker, I ask lence of type 2 diabetes, understand the priate by the Secretary. unanimous consent that all Members reason for that higher rate, and begin ‘‘(b) COLLABORATION WITH THE RADIATION IN- may have 5 legislative days in which to to provide some relief for this condi- JURY TREATMENT NETWORK.—In carrying out subsection (a), the Secretary may collaborate revise and extend their marks and in- tion. clude extraneous material in the I urge my colleagues to support this with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation RECORD. bill. The SPEAKER pro tempore. Is there I yield back the balance of my time. Program established pursuant to section 379 to— Mr. PALLONE. Mr. Speaker, I also ‘‘(1) augment data for the studies under such objection to the request of the gen- subsection; yield back the balance of my time and tleman from New Jersey? ‘‘(2) access technical assistance that may be There was no objection. urge passage of the bill. provided by the Radiation Injury Treatment The SPEAKER pro tempore. The Mr. PALLONE. Mr. Speaker, I yield Network; or myself such time as I may consume. question is on the motion offered by ‘‘(3) perform joint research projects. H.R. 1230, sponsored by the gentle- the gentleman from New Jersey (Mr. ‘‘(c) DEFINITION.—In this section, the term PALLONE) that the House suspend the ‘acquired bone marrow failure disease’ means— woman from California, Representative rules and pass the bill, H.R. 1995, as ‘‘(1) myelodysplastic syndromes (MDS); MATSUI, promotes research by HHS on amended. ‘‘(2) aplastic anemia; acquired bone marrow failure disease, The question was taken; and (two- ‘‘(3) paroxysmal nocturnal hemoglobinuria including the study of trends and the thirds being in the affirmative) the (PNH); characteristics of individuals who are rules were suspended and the bill, as ‘‘(4) pure red cell aplasia; diagnosed with the disease, including amended, was passed. ‘‘(5) acute myeloid leukemia that has pro- age, race and ethnicity, sex and family The title was amended so as to read: gressed from myelodysplastic syndromes; history. ‘‘A bill to direct the Secretary of ‘‘(6) large granular lymphocytic leukemia; or ‘‘(7) any other bone marrow failure disease Mr. Speaker, it is my understanding Health and Human Services to prepare specified by the Secretary, to the extent such that our former colleague, Representa- a report on the research and other pub- disease is acquired and not inherited, as deter- tive Bob Matsui, actually passed away lic health activities of the Department mined by the Secretary.’’. from this, and that is why it is particu- of Health and Human Services with re- SEC. 3. MINORITY-FOCUSED PROGRAMS ON AC- larly important, not only to Congress- spect to diabetes among minority pop- QUIRED BONE MARROW FAILURE woman MATSUI, but to all of us. ulations.’’. DISEASES. So I urge my colleagues to support A motion to reconsider was laid on Title XVII of the Public Health Service Act (42 this legislation. the table. U.S.C. 300u et seq.) is amended by inserting after section 1707A the following: I reserve the balance of my time. f Mr. BURGESS. Mr. Speaker, I yield ‘‘SEC. 1707B. MINORITY-FOCUSED PROGRAMS ON ACQUIRED BONE MARROW FAIL- ACQUIRED BONE MARROW FAILURE myself such time as I may consume. URE DISEASE RESEARCH AND DISEASES. H.R. 1230, the Bone Marrow Failure TREATMENT ACT OF 2010 ‘‘(a) INFORMATION AND REFERRAL SERVICES.— Disease Research and Treatment Act, ‘‘(1) IN GENERAL.—The Secretary may estab- would allow the Secretary of Health Mr. PALLONE. Mr. Speaker, I move lish and coordinate outreach and informational and Human Services to conduct re- to suspend the rules and pass the bill programs targeted to minority populations, in- search and outreach on acquired bone (H.R. 1230) to amend the Public Health cluding Hispanic, Asian-American, Native Ha- marrow failure diseases. Service Act to provide for the estab- waiian, and Pacific Islander populations, that lishment of a National Acquired Bone are affected by acquired bone marrow failure This bill would allow the Secretary Marrow Failure Disease Registry, to diseases. of Health and Human Services to con- authorize research on acquired bone ‘‘(2) PROGRAM ACTIVITIES.—Programs under duct additional research on acquired marrow failure diseases, and for other subsection (a) may carry out activities that in- bone marrow diseases to aid in figuring clude— out the causes of the disease and study purposes, as amended. ‘‘(A) making information about treatment op- The Clerk read the title of the bill. how to better diagnose and care for in- tions and clinical trials for acquired bone mar- dividuals suffering from bone marrow The text of the bill is as follows: row failure diseases publicly available; and diseases. The bill would also allow the H.R. 1230 ‘‘(B) providing referral services for treatment Be it enacted by the Senate and House of Rep- options and clinical trials. Secretary to establish outreach pro- resentatives of the United States of America in ‘‘(b) DEFINITION.—In this section, the term grams that would help minority popu- Congress assembled, ‘acquired bone marrow failure disease’ has the lations, who appear to be dispropor- SECTION 1. SHORT TITLE. meaning given such term in section 317U(c).’’. tionately affected by such acquired This Act may be cited as the ‘‘Acquired Bone SEC. 4. BEST PRACTICES FOR DIAGNOSIS OF AND bone marrow diseases, in finding clin- Marrow Failure Disease Research and Treat- CARE FOR INDIVIDUALS WITH AC- ical trials and other treatment options. ment Act of 2010’’. QUIRED BONE MARROW FAILURE I am a cosponsor of the bill. I urge SEC. 2. ACQUIRED BONE MARROW FAILURE DIS- DISEASES. EASE RESEARCH. Part B of title III of the Public Health Service my colleagues to support it. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by sec- I yield back the balance of my time. Act (42 U.S.C. 243 et seq.) is amended by insert- tion 2, is further amended by inserting after sec- Mr. PALLONE. Mr. Speaker, I would ing after section 317T the following: tion 317U the following: also yield back the balance of my time

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.310 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7194 CONGRESSIONAL RECORD — HOUSE September 28, 2010 and urge that the House pass this legis- reach and education strategies to increase the Mr. Speaker, I reserve the balance of lation. awareness and knowledge of women and health my time. The SPEAKER pro tempore. The care providers with respect to gynecologic can- Mr. BURGESS. Mr. Speaker, I yield question is on the motion offered by cers, including early warning signs, risk factors, prevention, screening, and treatment options. myself such time as I may consume. the gentleman from New Jersey (Mr. Such strategies shall include efforts directed at H.R. 2941, a law to reauthorize PALLONE) that the House suspend the women and their families, physicians, nurses, Johanna’s Law, was actually signed rules and pass the bill, H.R. 1230, as and key health professionals. into law at the end of the 109th Con- amended. ‘‘(B) PREFERENCES IN AWARDING GRANTS OR gress and directed Health and Human The question was taken. CONTRACTS.—In making awards under subpara- Services to carry out a national cam- The SPEAKER pro tempore. In the graph (A), the Secretary shall give preference paign to increase awareness of gyneco- to— opinion of the Chair, two-thirds being ‘‘(i) applicants with demonstrated expertise in logical cancer. in the affirmative, the ayes have it. gynecologic cancer education or treatment or in Gynecological cancer of the female Mr. BURGESS. Mr. Speaker, I object working with groups of women who are at in- reproductive tract affected, in 2006, to the vote on the ground that a creased risk of gynecologic cancers; and over 76,000 women, and 27,000 died from quorum is not present and make the ‘‘(ii) applicants that, in the demonstration their disease. H.R. 2941 would authorize point of order that a quorum is not project funded by the grant or contract, will es- the Centers for Disease Control and tablish linkages between physicians, nurses, and present. Prevention to continue the nationwide The SPEAKER pro tempore. Pursu- key health professionals, health profession stu- dents, hospitals, payers, and State health de- campaign. ant to clause 8 of rule XX and the partments. This bill also calls for the Secretary Chair’s prior announcement, further ‘‘(C) APPLICATION.—To seek a grant or con- of Health and Human Services to award proceedings on this motion will be tract under subparagraph (A), an entity shall grants to nonprofit private entities to postponed. submit an application to the Secretary in such carry out demonstration projects. The point of no quorum is considered form, in such manner, and containing such These projects would test outreach and withdrawn. agreements, assurances, and information as the Secretary determines to be necessary to carry education strategies to increase the f out this paragraph. awareness and knowledge of women ‘‘(D) CERTAIN REQUIREMENTS.—In making and health care provided regarding GYNECOLOGIC CANCER EDUCATION awards under subparagraph (A), the Secretary gynecologic cancer. AND AWARENESS ACT shall— I am a cosponsor of the legislation. I Mr. PALLONE. Mr. Speaker, I move ‘‘(i) make awards, as practicable, to not fewer urge my colleagues to support it. than five applicants; and to suspend the rules and pass the bill ‘‘(ii) ensure that information provided Mr. BURTON of Indiana. Mr. Speaker, I rise (H.R. 2941) to reauthorize and enhance through demonstration projects under this para- today in strong support of H.R. 2941, a bill to Johanna’s Law to increase public graph is consistent with the best available med- reauthorize and enhance Johanna’s Law to in- awareness and knowledge with respect ical information. crease public awareness and knowledge with to gynecologic cancers, as amended. ‘‘(E) REPORT TO CONGRESS.—Not later than 12 respect to gynecologic cancers. I would like to The Clerk read the title of the bill. months after the date of the enactment of this thank the Chairman and Ranking Member of The text of the bill is as follows: paragraph, and annually thereafter, the Sec- retary shall submit to the Congress a report the Energy and Commerce Committee for H.R. 2941 that— bringing this vitally important bill to the Floor. Be it enacted by the Senate and House of Rep- ‘‘(i) summarizes the activities of demonstra- I would also like to thank Representative ROSA resentatives of the United States of America in tion projects under subparagraph (A); DELAURO and Representative DARRELL ISSA Congress assembled, ‘‘(ii) evaluates the extent to which the projects who have been tireless champions of this bill. SECTION 1. REAUTHORIZATION AND ENHANCE- were effective in increasing early detection of I am proud to have worked with them to enact MENT OF JOHANNA’S LAW. gynecologic cancers and awareness and knowl- edge of risk factors and early warning signs in the ‘‘Gynecologic Cancer Education and (a) IN GENERAL.—Section 317P(d) of the Pub- Awareness Act’’—also known as Johanna’s lic Health Service Act (42 U.S.C. 247b–17(d)(4)) is the populations to which the projects were di- amended— rected; and Law—back in 2006; and I am proud to be a (1) in paragraph (4), by inserting after ‘‘2009’’ ‘‘(iii) identifies barriers to early detection and part of their efforts this year to reauthorize and the following: ‘‘and $18,000,000 for the period of appropriate treatment of such cancers.’’. enhance this program. fiscal years 2012 through 2014’’; and (b) CONFORMING AMENDMENT.—Section I first got involved in the fight against (2) by redesignating paragraph (4) as para- 317P(d)(3)(A) of the Public Health Service Act gynecologic cancer when Ms. Kolleen Stacey, graph (6). (42 U.S.C. 247b–17(d)(3)(A)) is amended by in- serting ‘‘(other than paragraph (5))’’ after ‘‘this a constituent of mine, who became a dear, (b) CONSULTATION WITH NONPROFIT section’’. dear friend, told me about her personal battle GYNECOLOGIC CANCER ORGANIZATIONS.—Section with ovarian cancer—the deadliest of the gyn- 317P(d) of such Act (42 U.S.C. 247b–17(d)), as The SPEAKER pro tempore. Pursu- amended by subsection (a), is further amended ant to the rule, the gentleman from ecological cancers. Kolleen told me about by inserting after paragraph (3) the following: New Jersey (Mr. PALLONE) and the gen- Johanna’s Law, convinced me to become a ‘‘(4) CONSULTATION WITH NONPROFIT tleman from Texas (Mr. BURGESS) each co-sponsor; and she never stopped pushing GYNECOLOGIC CANCER ORGANIZATIONS.—In car- will control 20 minutes. me to get the bill signed into law; because she rying out the national campaign under this sub- The Chair recognizes the gentleman never wanted any other woman to go through section, the Secretary shall consult with the from New Jersey. what she was going through. leading nonprofit gynecologic cancer organiza- It took more than two years and a lot of tions, with a mission both to conquer ovarian or GENERAL LEAVE other gynecologic cancer nationwide and to pro- Mr. PALLONE. Mr. Speaker, I ask hard work but in 2006, Johanna’s Law be- vide outreach to State and local governments unanimous consent that all Members came law and this country took a huge step and communities, for the purpose of determining may have 5 legislative days in which to forward towards fulfilling Kolleen’s dream. On the best practices for providing gynecologic can- revise and extend their remarks and in- July 10, 2009, Kolleen tragically lost her fight cer information and outreach services to varied clude extraneous material in the with ovarian cancer. But I know that she is populations.’’. RECORD. looking down on us today and smiling be- SEC. 2. DEMONSTRATION PROJECTS REGARDING The SPEAKER pro tempore. Is there cause her dream lives on in our actions today. OUTREACH AND EDUCATION STRAT- God bless you Kolleen. EGIES RELATING TO GYNECOLOGIC objection to the request of the gen- CANCER. tleman from New Jersey? The American Cancer Society estimates (a) IN GENERAL.—Section 317P(d) of the Pub- There was no objection. that about 21,880 new cases of ovarian can- lic Health Service Act (42 U.S.C. 247b–17(d)), as Mr. PALLONE. Mr. Speaker, I yield cer will be diagnosed and 13,850 deaths are amended by section 1, is further amended by in- myself such time as I may consume. expected to be caused by ovarian cancer in serting after paragraph (4) the following: I rise this evening in strong support the United States in 2010 alone. For the State ‘‘(5) DEMONSTRATION PROJECTS REGARDING of H.R. 2941, a bill to reauthorize of Indiana, The American Cancer Society esti- OUTREACH AND EDUCATION STRATEGIES.— Johanna’s law. The bill reauthorizes an mates that in 2010, 450 women will be diag- ‘‘(A) IN GENERAL.—The Secretary may carry out a program to award grants or contracts to existing CDC program to promote nosed with ovarian cancer and 300 women public or nonprofit private entities for the pur- awareness and outreach of gyneco- will die of ovarian cancer. pose of carrying out demonstration projects to logical cancers among women and This is a tragedy. Research shows that test and compare different evidence-based out- health care providers. many of those deaths could be prevented if

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K28SE7.313 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7195 more women knew the risk factors and recog- H.R. 2941 is a good bill, it is good public ‘‘(c) MATCHING FUNDS.—The Secretary may nized the early symptoms of gynecologic can- policy. I urge my colleagues to support this only award a grant under this section to a State cers so that they could discuss them with their bill, and I urge our colleagues in the Senate to or organization that agrees, with respect to the doctors. Ovarian cancer has a 93 percent five- costs to be incurred in carrying out the grant act quickly and move this critically needed leg- activities, to make available (directly or through year survival rate if detected in Stage One and islation to the President’s desk for his signa- donations from public or private entities) non- only a 27 percent survival rate if detected in ture. This is literally a matter of life and death. Federal funds toward such costs in an amount Stage Three or Four. Mr. BURGESS. I yield back the bal- equal to not less than 25 percent of the amount Yet, the majority of women and medical pro- ance of my time. of the grant. fessionals are unaware of the symptoms of Mr. PALLONE. I yield back the bal- ‘‘(d) COORDINATION.—The Secretary shall en- ovarian cancer. Women can go undiagnosed ance of my time and urge passage of sure that activities carried out using a grant or misdiagnosed for years, like Kolleen the bill. under this section are coordinated, to the max- Stacey. Just over five years ago on Sep- The SPEAKER pro tempore. The imum extent practicable, with other birth defects tember 5, 2005, Kolleen testified before Con- question is on the motion offered by prevention and environmental health activities gress about the need for legislation for added the gentleman from New Jersey (Mr. of the Federal Government, including activities carried out by the Health Resources and Serv- awareness and education on gynecological PALLONE) that the House suspend the cancers. ‘‘It took an entire year for me to be ices Administration and the Centers for Disease rules and pass the bill, H.R. 2941, as Control and Prevention with respect to pediatric diagnosed correctly. By then the cancer was amended. environmental health specialty units and chil- Stage IIIC, an advanced stage of ovarian can- The question was taken. dren’s environmental health centers. cer with only a 38 percent chance of complete The SPEAKER pro tempore. In the ‘‘(e) EVALUATION.—In furtherance of the pro- cure. Had it been discovered in an early opinion of the Chair, two-thirds being gram established under subsection (a), the Sec- stage, I would have had a 90 percent chance in the affirmative, the ayes have it. retary shall provide for an evaluation of preg- of complete cure.’’ Mr. BURGESS. Mr. Speaker, I object nancy and breastfeeding information services to That is why, in December 2006, Congress to the vote on the ground that a identify efficient and effective models of— passed Johanna’s Law, named for Johanna quorum is not present and make the ‘‘(1) providing information; Silver Gordon, who lost her life to ovarian can- point of order that a quorum is not ‘‘(2) raising awareness and increasing knowl- cer despite being a health conscious woman present. edge about birth defects prevention measures; who visited the gynecologist regularly. Like The SPEAKER pro tempore. Pursu- ‘‘(3) modifying risk behaviors; or many women, Johanna had symptoms of ant to clause 8 of rule XX and the ovarian cancer that were missed by both her ‘‘(4) other outcome measures as determined Chair’s prior announcement, further appropriate by the Secretary. and her healthcare provider. proceedings on this motion will be Johanna’s Law authorized the Centers for postponed. ‘‘(f) PREGNANCY AND BREASTFEEDING INFOR- Disease Control to create a gynecologic can- MATION SERVICES DEFINED.—For purposes of The point of no quorum is considered this section, the term ‘pregnancy and cer awareness campaign aimed at educating withdrawn. women and health care providers about the breastfeeding information services’ includes f only— signs and symptoms of gynecologic cancers— bloating, pelvic or abdominal pain, difficulty BIRTH DEFECTS PREVENTION, ‘‘(1) information services to provide accurate, RISK REDUCTION, AND AWARE- evidence-based, clinical information regarding eating or feeling full quickly, and urinary symp- maternal exposures during pregnancy or toms (urgency or frequency). The campaign, NESS ACT OF 2010 breastfeeding that may be associated with birth Inside Knowledge: Get the Facts About Mr. PALLONE. Mr. Speaker, I move defects or other health risks to an infant that is Gynecologic Cancer, seeks to raise aware- to suspend the rules and pass the bill breastfed, such as exposures to medications, ness of the five main types of gynecologic (H.R. 5462) to authorize the Secretary chemicals, infections, foodborne pathogens, ill- cancer: ovarian, cervical, uterine, vaginal and of Health and Human Services, acting nesses, nutrition, or lifestyle factors; vulvar. To date, the Inside Knowledge cam- through the Director of the Centers for ‘‘(2) the provision of accurate, evidence-based paign has supported many activities, including Disease Control and Prevention, to es- information weighing risks of exposures during the development of: tablish and implement a birth defects breastfeeding against the benefits of breastfeeding; and Cancer-specific fact sheets about prevention, risk reduction, and public gynecologic cancers in both English and awareness program, as amended. ‘‘(3) the provision of information described in Spanish, The Clerk read the title of the bill. paragraph (1) or (2) through counselors, Web sites, fact sheets, telephonic or electronic com- A comprehensive gynecologic cancer bro- The text of the bill is as follows: chure, munication, community outreach efforts, or Formative research and concept testing H.R. 5462 other appropriate means. using focus groups to better understand the Be it enacted by the Senate and House of Rep- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To resentatives of the United States of America in carry out this section, there are authorized to be target audience, Congress assembled, Materials for primary care and health care appropriated $4,500,000 for fiscal year 2012, SECTION 1. SHORT TITLE. professionals, and $5,500,000 for fiscal year 2013, $6,500,000 for fis- This Act may be cited as the ‘‘Birth Defects Print and broadcast Public Service An- cal year 2014, $7,500,000 for fiscal year 2015, and Prevention, Risk Reduction, and Awareness Act $8,500,000 for fiscal year 2016.’’. nouncements (PSAs). of 2010’’. All materials created through Johanna’s Law The SPEAKER pro tempore. Pursu- SEC. 2. BIRTH DEFECTS PREVENTION, RISK RE- have been sent to television, radio and print DUCTION, AND AWARENESS. ant to the rule, the gentleman from outlets around the country. The CDC is track- (a) PROGRAM.—The Public Health Service Act New Jersey (Mr. PALLONE) and the gen- ing the airing of PSAs and audience impres- (42 U.S.C. 201 et seq.) is amended by inserting tleman from Texas (Mr. BURGESS) each sions. The CDC is also reaching out to after section 317T (42 U.S.C. 247b–22) the fol- will control 20 minutes. lowing new section: groups, encouraging the use of the materials. The Chair recognizes the gentleman We still have a long way to go but ‘‘SEC. 317U. BIRTH DEFECTS PREVENTION, RISK from New Jersey. Johanna’s law is making a difference. Doctors, REDUCTION, AND AWARENESS. nurses and cancer survivors agree—providing ‘‘(a) GRANT PROGRAM.—The Secretary shall GENERAL LEAVE establish and implement a birth defects preven- more information about gynecologic cancers tion and public awareness program to award Mr. PALLONE. Mr. Speaker, I ask saves women’s lives. grants to States or organizations for the provi- unanimous consent that all Members H.R. 2941 reauthorizes and enhances this sion of pregnancy and breastfeeding informa- may have 5 legislative days in which to critically important awareness campaign. This tion services. revise and extend their remarks and in- legislation provides for the continuation of the ‘‘(b) PREFERENCE.—In the case of States or or- clude extraneous material in the education campaign started by the Centers for ganizations that are otherwise equally qualified, RECORD. Disease Control and Prevention to increase the Secretary, in awarding a grant under this section, shall give preference to— The SPEAKER pro tempore. Is there the awareness and knowledge of health care objection to the request of the gen- providers and women with respect to gyneco- ‘‘(1) States that made pregnancy and breastfeeding information services available on tleman from New Jersey? logical cancers. It also enhances cooperation January 1, 2006; and There was no objection. with non-governmental organizations carrying ‘‘(2) organizations that will provide preg- out complementary education and awareness nancy and breastfeeding information services in Mr. PALLONE. I yield myself such campaigns. such States. time as I may consume.

VerDate Mar 15 2010 02:47 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.219 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7196 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Mr. Speaker, H.R. 5462, the Birth De- These services also provide informa- SEC. 2. ENHANCING PUBLIC HEALTH ACTIVITIES fects Prevention, Risk Reduction and tion on exposures during breast-feed- RELATED TO ARTHRITIS THROUGH THE NATIONAL ARTHRITIS ACTION Awareness Act, would establish a pro- ing. The information provided reduces PLAN. gram to award grants for evidence- unnecessary concern about perceived Part B of title III of the Public Health Service based clinical information to mothers and nonexistent risk and ensures that Act (42 U.S.C. 243 et seq.) is amended by insert- and their health care professionals women stay on the path to a healthy ing after section 314 the following: about exposures during pregnancy and pregnancy. ‘‘SEC. 315. NATIONAL ARTHRITIS ACTION PLAN. breast feeding. I would like to thank Currently, Federal agencies are only ‘‘(a) ESTABLISHMENT OF PLAN.—The Secretary may develop and implement a National Arthritis my colleague from Connecticut (Ms. able to provide awareness and informa- tion about pregnancy and breast-feed- Action Plan (in this section referred to as the DELAURO) for her leadership on this ‘Plan’) consistent with this section. issue and so many issues that affect ing issues. They do not provide preg- ‘‘(b) CONTROL, PREVENTION, AND SURVEIL- mothers and children. nancy and breast-feeding exposure risk LANCE.— I reserve the balance of my time. assessment, education, and counseling. ‘‘(1) IN GENERAL.—Under the Plan, the Sec- Mr. BURGESS. Mr. Speaker, I yield This legislation will establish a grant retary may, directly or through competitive myself such time as I may consume. program to revitalize the Nation’s net- grants to eligible entities, conduct, support, and Mr. Speaker, I rise in support of H.R. work of pregnancy risk information promote the coordination of research, investiga- tions, demonstrations, training, and studies re- 5462, the Birth Defects Prevention, services. This will help save health care costs by avoiding unnecessary lating to the control, prevention, and surveil- Risk Reduction and Awareness Act of lance of arthritis and other rheumatic diseases. 2010, legislation that I authored with doctor visits and reducing the cost of ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE.— the gentlewoman from Connecticut treating uncontrolled chronic illness ‘‘(A) PROVISION.—Upon the request of an ap- (Ms. DELAURO). when pregnant women discontinue plicant receiving a grant under paragraph (1), This bill was developed over a period their medications unnecessarily. I urge the Secretary may, subject to subparagraph (B), provide training, technical assistance, supplies, of several months with the guidance of my colleagues to support this legisla- tion. equipment, or services for the purpose of aiding the Centers for Disease Control. It does the applicant in carrying out grant activities speak volumes that a bill can come I reserve the balance of my time. Mr. PALLONE. Mr. Speaker, I urge and, for such purpose, may detail to the appli- this far in such a short period of time passage of the bill. cant any officer or employee of the Department when we are willing to do our due dili- I yield back the balance of my time. of Health and Human Services. gence prior to introduction. ‘‘(B) CORRESPONDING REDUCTION IN PAY- Mr. BURGESS. Mr. Speaker, I yield MENTS.—With respect to a request described in I have dedicated my professional ca- myself such time as I may consume. reer to protecting mother and child, subparagraph (A), the Secretary shall reduce I just wanted to point out that this the amount of payments under the grant under while providing them with the most ac- legislation has the support of the paragraph (1) to the applicant involved by an curate information possible and the American College of Obstetrics and amount equal to the costs of detailing personnel health services that they need. Gynecology, the American Academy of (including pay, allowances, and travel ex- People like to think that doctors Pediatrics, the March of Dimes Foun- penses) and the fair market value of any sup- have all the answers. Doctors like to dation, amongst many others. I join plies, equipment, or services provided by the think the CDC can provide all the in- these organizations in urging my sup- Secretary. formation, but that isn’t always the ‘‘(3) ARTHRITIS PREVENTION RESEARCH AT THE port for this legislation. CENTERS FOR DISEASE CONTROL AND PREVEN- way it works. I can’t tell you the num- I yield back the balance of my time. TION.—The Secretary may provide additional ber of times that women came into the The SPEAKER pro tempore. The grant support under this subsection to encour- hospital, usually late at night, because question is on the motion offered by age the expansion of research related to the pre- she was concerned about the health of the gentleman from New Jersey (Mr. vention and management of arthritis at the Cen- her baby. Maybe it was because of PALLONE) that the House suspend the ters for Disease Control and Prevention. something she had done, maybe she rules and pass the bill, H.R. 5462, as ‘‘(4) ELIGIBLE ENTITY.—For purposes of this just had concerns. But this type of un- amended. subsection, the term ‘eligible entity’ means a necessary utilization can be reduced by The question was taken. public or private nonprofit entity that dem- The SPEAKER pro tempore. In the onstrates to the satisfaction of the Secretary, in education, particularly among popu- the application described in subsection (e), the lations that may not have had the opinion of the Chair, two-thirds being ability of the entity to carry out the activities same level of health literacy as to how in the affirmative, the ayes have it. described in paragraph (1). this could have happened. Mr. BURGESS. Mr. Speaker, I object ‘‘(c) EDUCATION AND OUTREACH.— to the vote on the ground that a ‘‘(1) IN GENERAL.—Under the Plan, the Sec- b 2240 quorum is not present and make the retary may coordinate and carry out national H.R. 5462 will provide mothers with point of order that a quorum is not education and outreach activities, directly or up-to-date, evidence-based information present. through the provision of grants to eligible enti- through services designed to do tar- The SPEAKER pro tempore. Pursu- ties, to support, develop, and implement edu- cation initiatives and outreach strategies appro- geted research. We have such a service ant to clause 8 of rule XX and the priate for arthritis and other rheumatic dis- in Texas. I used them when I was in Chair’s prior announcement, further eases. practice. Ideally, they should be serv- proceedings on this motion will be ‘‘(2) INITIATIVES AND STRATEGIES.—Initiatives ing at least 4 percent of our pregnant postponed. and strategies implemented under paragraph (1) population but are only able to serve The point of no quorum is considered may include public awareness campaigns, public up to 3,000 persons today. Those cases withdrawn. service announcements, and community part- nership workshops, as well as programs targeted are important, but I know we can do f to businesses and employers, managed care or- better. ARTHRITIS PREVENTION, ganizations, and health care providers. Many women with chronic diseases CONTROL, AND CURE ACT OF 2010 ‘‘(3) PRIORITY.—In carrying out paragraph may discontinue or reduce medications (1), the Secretary— when they become pregnant due to Mr. PALLONE. Mr. Speaker, I move ‘‘(A) may emphasize prevention, early diag- fears about the risk of birth defects. In to suspend the rules and pass the bill nosis, and appropriate management of arthritis, fact, in many cases the medications (H.R. 1210) to amend the Public Health and opportunities for effective patient self-man- cause a lower risk of birth defects than Service Act to provide for arthritis re- agement; and search and public health, and for other ‘‘(B) may give priority to reaching high-risk the failure to treat and appropriately or underserved populations. manage the underlying disease during purposes, as amended. The Clerk read the title of the bill. ‘‘(4) COLLABORATION.—In carrying out this pregnancy. subsection, the Secretary shall consult and col- The text of the bill is as follows: Pregnancy risk information services laborate with stakeholders from the public, pri- H.R. 1210 provide information and expert con- vate, and nonprofit sectors with expertise relat- Be it enacted by the Senate and House of Rep- sultation to pregnant women and their ing to arthritis control, prevention, and treat- resentatives of the United States of America in ment. health care providers regarding expo- Congress assembled, ‘‘(5) ELIGIBLE ENTITY.—For purposes of this sures to medications, chemicals, illicit SECTION 1. SHORT TITLE. subsection, the term ‘eligible entity’ means a drugs, alcohol, infections, and illness This Act may be cited as the ‘‘Arthritis Pre- public or private nonprofit entity that dem- that may pose a risk of birth defects. vention, Control, and Cure Act of 2010’’. onstrates to the satisfaction of the Secretary, in

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\K28SE7.316 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7197 the application described in subsection (e), the SEC. 3. ACTIVITIES OF THE DEPARTMENT OF First, the bill would authorize the ability of the entity to carry out the activities HEALTH AND HUMAN SERVICES Secretary of Health and Human Serv- described in paragraph (1). WITH RESPECT TO JUVENILE AR- THRITIS AND RELATED CONDITIONS. ices to establish a national arthritis ‘‘(d) COMPREHENSIVE STATE GRANTS.— Part B of title IV of the Public Health Service action plan. ‘‘(1) IN GENERAL.—Under the Plan, the Sec- Act (42 U.S.C. 284 et seq.) is amended by adding Second, it would allow the Depart- retary may award grants to eligible entities to at the end the following: ment of Health and Human Services to provide support for comprehensive arthritis con- trol and prevention programs and to enable ‘‘SEC. 409K. JUVENILE ARTHRITIS AND RELATED award grants for arthritis research, CONDITIONS. such entities to provide public health surveil- surveillance, and education. ‘‘(a) IN GENERAL.—The Secretary, in coordi- lance, prevention, and control activities related Third, the bill would permit the Na- nation with the Director of NIH, may expand to arthritis and other rheumatic diseases. tional Institutes of Health to expand and intensify programs of the National Insti- ‘‘(2) APPLICATION.—The Secretary may only its research into children with rheu- tutes of Health with respect to research and re- award a grant under this subsection to an eligi- lated activities designed to improve the outcomes matic diseases. ble entity that submits to the Secretary an ap- and quality of life for children with arthritis Finally, the bill would allow Health plication at such time, in such manner, and and other rheumatic diseases. and Human Services to award grants to containing such agreements, assurances, and ‘‘(b) COORDINATION.—The Director of NIH increase the number of pediatric information as the Secretary may require, in- may coordinate the programs referred to in sub- rheumatologists. cluding a comprehensive arthritis control and section (a) and consult with additional Federal I have spoken with several prevention plan that— officials, voluntary health associations, medical ‘‘(A) is developed with the advice of stake- rheumatologists who have discussed professional societies, and private entities, as holders from the public, private, and nonprofit the importance of this legislation. Un- appropriate.’’. sectors that have expertise relating to arthritis fortunately, those in need of control, prevention, and treatment that increase SEC. 4. INVESTMENT IN TOMORROW’S PEDIATRIC rheumatologists, especially pediatric RHEUMATOLOGISTS. the quality of life and decrease the level of dis- Subpart I of part C of title VII of the Public rheumatologists, often have very few ability; Health Service Act (42 U.S.C. 293k et seq.) is options. This bill is an important first ‘‘(B) is intended to reduce the morbidity of ar- amended by adding at the end the following: step in addressing a critical workforce thritis, with priority on preventing and control- shortfall. ling arthritis in at-risk populations and reduc- ‘‘SEC. 749A–1. PEDIATRIC RHEUMATOLOGISTS. ‘‘In order to ensure an adequate future supply I am a cosponsor of the legislation, ing disparities in arthritis prevention, diagnosis, of pediatric rheumatologists, the Secretary, in and I urge my colleagues to support management, and quality of care in underserved consultation with the Administrator of the populations; the bill. Health Resources and Services Administration, ‘‘(C) describes the arthritis-related services I yield back the balance of my time. may award institutional training grants to insti- and activities to be undertaken or supported by Mr. PALLONE. I urge passage of the tutions to support pediatric rheumatology train- the entity; and bill, and I yield back the balance of my ing.’’. ‘‘(D) demonstrates the relationship the entity time. has with the community and local entities and The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The how the entity plans to involve such community ant to the rule, the gentleman from question is on the motion offered by and local entities in carrying out the activities New Jersey (Mr. PALLONE) and the gen- the gentleman from New Jersey (Mr. described in paragraph (1). tleman from Texas (Mr. BURGESS) each PALLONE) that the House suspend the ‘‘(3) USE OF FUNDS.—An eligible entity may will control 20 minutes. rules and pass the bill, H.R. 1210, as use amounts received under a grant awarded The Chair recognizes the gentleman amended. under this subsection to conduct, in a manner from New Jersey. The question was taken. consistent with the comprehensive arthritis con- The SPEAKER pro tempore. In the trol and prevention plan submitted by the entity GENERAL LEAVE in the application under paragraph (2)— Mr. PALLONE. Mr. Speaker, I ask opinion of the Chair, two-thirds being ‘‘(A) public health surveillance and epidemio- unanimous consent that all Members in the affirmative, the ayes have it. logical activities relating to the prevalence of ar- may have 5 legislative days within Mr. BURGESS. Mr. Speaker, I object thritis and assessment of disparities in arthritis which to revise and extend their re- to the vote on the ground that a prevention, diagnosis, management, and care; marks and include extraneous material quorum is not present and make the ‘‘(B) public information and education pro- point of order that a quorum is not in the RECORD. grams; and The SPEAKER pro tempore. Is there present. ‘‘(C) education, training, and clinical skills The SPEAKER pro tempore. Pursu- objection to the request of the gen- improvement activities for health professionals, ant to clause 8 of rule XX and the tleman from New Jersey? including allied health personnel. Chair’s prior announcement, further There was no objection. ‘‘(4) ELIGIBLE ENTITY.—For purposes of this proceedings on this motion will be subsection, the term ‘eligible entity’ means a Mr. PALLONE. Mr. Speaker, I yield State or an Indian tribe. myself such time as I may consume. postponed. The point of no quorum is considered ‘‘(e) GENERAL APPLICATION.—The Secretary I rise this evening in strong support withdrawn. may only award a grant under subsection (b) or of H.R. 1210, the Arthritis Prevention, (c) to an entity that submits to the Secretary an Control, and Cure Act of 2010. f application at such time, in such manner, and This bill provides for enhanced ar- containing such agreements, assurances, and DENTAL EMERGENCY RESPONDER information as the Secretary may require, in- thritis public health efforts at CDC, en- ACT OF 2010 cluding a description of how funds received hanced juvenile arthritis research ac- Mr. PALLONE. Mr. Speaker, I move under a grant awarded under such subsection tivities at NIH, and new authorities at to suspend the rules and pass the bill will supplement or fulfill unmet needs identified the Health Resources and Service Ad- (H.R. 903) to amend the Public Health in a comprehensive arthritis control and preven- ministration to support training for Service Act to enhance the roles of tion plan of the entity. new pediatric rheumatologists. I urge dentists and allied dental personnel in ‘‘(f) DEFINITIONS.—For purposes of this sec- my colleagues to support this bill. tion: the Nation’s disaster response frame- I reserve the balance of my time. work, and for other purposes, as ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ Mr. BURGESS. Mr. Speaker, I yield has the meaning given such term in section 4(e) amended. of the Indian Self-Determination and Education myself such time as I may consume. The Clerk read the title of the bill. Assistance Act. H.R. 1210 would enhance our Nation’s The text of the bill is as follows: ‘‘(2) STATE.—The term ‘State’ means any of efforts to combat arthritis. I am a co- H.R. 903 the 50 States, the District of Columbia, the Com- sponsor of the legislation. Be it enacted by the Senate and House of Rep- monwealth of Puerto Rico, the Virgin Islands, According to the Centers for Disease resentatives of the United States of America in American Samoa, Guam, and the Northern Mar- Control and Prevention, an estimated Congress assembled, iana Islands. 46 million Americans have arthritis, SECTION 1. SHORT TITLE. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— though the number is expected to in- This Act may be cited as the ‘‘Dental Emer- There are authorized to be appropriated to carry crease as the country’s population gency Responder Act of 2010’’. out this section— ages. The Centers for Disease Control SEC. 2. DENTAL EMERGENCY RESPONDERS: PUB- ‘‘(1) for fiscal year 2012, $14,600,000; LIC HEALTH AND MEDICAL RE- ‘‘(2) for fiscal year 2013, $16,000,000; also estimates that almost 300,000 chil- SPONSE. ‘‘(3) for fiscal year 2014, $17,700,000; dren have arthritis. (a) NATIONAL HEALTH SECURITY STRATEGY.— ‘‘(4) for fiscal year 2015, $19,400,000; and This bill will help in the fight against Section 2802(b)(3) of the Public Health Service ‘‘(5) for fiscal year 2016, $21,400,000.’’. arthritis in the following ways: Act (42 U.S.C. 300hh–1(b)(3)) is amended—

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A28SE7.221 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7198 CONGRESSIONAL RECORD — HOUSE September 28, 2010 (1) in the matter preceding subparagraph (A), I look forward to working with you as we preparedness and deployment of dental by inserting ‘‘and which may include dental prepare to pass this important legislation. resources. health facilities’’ after ‘‘mental health facili- Sincerely, ties’’; and BENNIE G. THOMPSON, This bill was drafted to ensure that (2) in subparagraph (D), by inserting ‘‘(which Chairman. Congress was not being prescriptive as may include such dental health assets)’’ after to how the Department of Health and ‘‘medical assets’’. HOUSE OF REPRESENTATIVES, Human Services or the Department of (b) ALL-HAZARDS PUBLIC HEALTH AND MED- COMMITTEE ON ENERGY AND COMMERCE, Homeland Security should plan for ICAL RESPONSE CURRICULA AND TRAINING.—Sec- Washington, DC, September 24, 2010. medical emergencies. The bill provides tion 319F(a)(5)(B) of the Public Health Service Hon. BENNIE THOMPSON, Act (42 U.S.C. 247d–6(a)(5)(B)) is amended by Chairman, Committee on Homeland Security, these Departments increased flexibility striking ‘‘public health or medical’’ and insert- Ford House Office Building, Washington, to utilize additional professional exper- ing ‘‘public health, medical, or dental’’. DC. tise and capacity, if they feel it is ap- SEC. 3. DENTAL EMERGENCY RESPONDERS: DEAR CHAIRMAN THOMPSON: Thank you for propriate. This is just common sense. HOMELAND SECURITY. your letter regarding H.R. 903, the ‘‘Dental The fact that today the Department of (a) NATIONAL RESPONSE FRAMEWORK.—Para- Emergency Responder Act.’’ The Committee graph (6) of section 2 of the Homeland Security Homeland Security could not talk to a on Energy and Commerce recognizes that the dental school where it is decided it Act of 2002 (6 U.S.C. 101) is amended by insert- Committee on Homeland Security has a ju- ing ‘‘and dental’’ after ‘‘emergency medical’’. risdictional interest in H.R. 903, and I appre- would be an ideal place to stockpile (b) NATIONAL PREPAREDNESS SYSTEM.—Sub- ciate your effort to facilitate consideration materials like vaccines but could if it paragraph (B) of section 653(b)(4) of the Post- of this bill. was a medical school is just absurd. Katrina Emergency Management Reform Act of I also concur with you that forgoing action 2006 (6 U.S.C. 753(b)(4)) is amended by striking If these facilities can aid our na- on the bill does not in any way prejudice the tional defense, or if dentists want to be ‘‘public health and medical’’ and inserting Committee on Homeland Security with re- ‘‘public health, medical, and dental’’. spect to its jurisdictional prerogatives on included in our Nation’s post-disaster (c) CHIEF MEDICAL OFFICER.—Paragraph (5) this bill or similar legislation in the future, response, the fact that the government of section 516(c) of the Homeland Security Act of and I would support your effort to seek ap- felt constrained to include them is a 2002 (6 U.S.C. 321e(c)) is amended by striking pointment of an appropriate number of con- gross oversight that this bill corrects. I ‘‘medical community’’ and inserting ‘‘medical ferees to any House-Senate conference in- and dental communities’’. urge my colleagues to support the bill. volving this legislation. The SPEAKER pro tempore. Pursu- I will include our letters on H.R. 903 in the I reserve the balance of my time. ant to the rule, the gentleman from Committee report on H.R. 903 and in the Mr. PALLONE. Mr. Speaker, I would Congressional Record during floor consider- New Jersey (Mr. PALLONE) and the gen- also like to include in the RECORD an tleman from Texas (Mr. BURGESS) each ation of the bill. Again, I appreciate your co- exchange of letters between Chairman operation regarding this legislation and I will control 20 minutes. WAXMAN of my committee and Chair- The Chair recognizes the gentleman look forward to working with the Committee man OBERSTAR of the Transportation from New Jersey. on Homeland Security as the bill moves through the legislative process. and Infrastructure Committee that GENERAL LEAVE Sincerely, pertains to this legislation. Mr. PALLONE. Mr. Speaker, I ask HENRY A. WAXMAN, HOUSE OF REPRESENTATIVES, COM- unanimous consent that all Members Chairman. MITTEE ON TRANSPORTATION AND may have 5 legislative days in which to I yield myself such time as I may INFRASTRUCTURE revise and extend their remarks and in- consume. Washington, DC, September 28, 2010. clude extraneous material in the I rise this evening in strong support Hon. HENRY A. WAXMAN, RECORD. of H.R. 903, the Dental Emergency Re- Chairman, Committee on Energy and Commerce, The SPEAKER pro tempore. Is there U.S. House of Representatives, Washington, sponder Act of 2010. This bill amends DC. objection to the request of the gen- the Public Health Service Act to in- tleman from New Jersey? clude dentists in the national health DEAR CHAIRMAN WAXMAN: I write to you re- There was no objection. garding H.R. 903, the ‘‘Dental Emergency Re- security strategy, which is the strat- Mr. PALLONE. Mr. Speaker, I would sponder Act of 2009’’. egy HHS develops to respond to a pub- like to include in the RECORD an ex- H.R. 903 contains provisions that fall with- change of letters between Chairman lic health emergency. And I would par- ticularly like to thank Representative in the jurisdiction of the Committee on WAXMAN and Chairman THOMPSON, who Transportation and Infrastructure. I recog- is chairman of the Homeland Security STUPAK for all his work on this bill. I nize and appreciate your desire to bring this Committee, regarding this legislation. urge my colleagues to support this bill. legislation before the House in an expedi- I reserve the balance of my time. tious manner and, accordingly, I will not HOUSE OF REPRESENTATIVES, Mr. BURGESS. Mr. Speaker, I yield seek a sequential referral of the bill. How- COMMITTEE ON HOMELAND SECURITY, ever, I agree to waive consideration of this Washngton, DC, September 24, 2010. myself such time as I may consume. bill with the mutual understanding that my Hon. HENRY A. WAXMAN, H.R. 903 would allow the Department decision to forgo a sequential referral of the Chairman, Committee on Energy and Commerce, of Health and Human Services to uti- bill does not waive, reduce, or otherwise af- Rayburn Bldg., House of Representatives, lize dentists and dental facilities to re- fect the jurisdiction of the Committee on Washington, DC. spond to medical emergencies. The bill Transportation and Infrastructure over H.R. DEAR CHAIRMAN WAXMAN: I write to you re- amends the Homeland Security Act of 903. garding H.R. 903, the ‘‘Dental Emergency Re- 2002 to include dental personnel within sponder Act of 2009.’’ Further, the Committee on Transportation H.R. 903 contains provisions that fall with- the definition of ‘‘emergency response and Infrastructure reserves the right to seek in the jurisdiction of the Committee on providers.’’ Mr. Speaker, there has the appointment of conferees during any Homeland Security. I recognize and appre- been uncertainty as to whether dental House-Senate conference convened on this ciate your desire to bring this legislation be- providers could be considered emer- legislation on provisions of the bill that are fore the House in an expeditious manner and, gency response providers. within the Committee’s jurisdiction. I ask accordingly, I will not seek a sequential re- This bill also requires the Chief Med- for your commitment to support any request ferral of the bill. However, agreeing to waive ical Officer of the Department of by the Committee on Transportation and In- consideration of this bill should not be con- Homeland Security to serve as the De- frastructure for the appointment of con- strued as the Committee on Homeland Secu- ferees on H.R. 903 or similar legislation. rity waiving, altering, or otherwise affecting partment’s primary point of contact Please place a copy of this letter and your its jurisdiction over subject matters con- for the dental community with respect response acknowledging the Committee on tained in the bill which fall within its Rule to medical and public health matters Transportation and Infrastructure’s jurisdic- X jurisdiction. related to natural disasters, acts of ter- tional interest in the Congressional Record Further, I request your support for the ap- rorism, and other manmade disasters. pointment of Homeland Security conferees during consideration of the measure in the Finally, the bill amends the Post- House. during any House-Senate conference con- Katrina Emergency Management Re- vened on this or similar legislation. I also I look forward to working with you as we ask that a copy of this letter and your re- form Act of 2006 to allow, if necessary, prepare to pass this important legislation. sponse be included in the legislative report operational plans developed by Federal Sincerely, on H.R. 903 and in the Congressional Record agencies with responsibilities under JAMES L. OBERSTAR, during floor consideration of this bill. the National Response Plan to address Chairman.

VerDate Mar 15 2010 02:13 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.224 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7199 HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore. Under a done today in a bipartisan manner. COMMITTEE ON ENERGY AND COMMERCE, previous order of the House, the gen- And it does bring to the fore the ques- Washington, DC, September 28, 2010. tleman from North Carolina (Mr. tion as to why couldn’t we do the same Hon. JAMES L. OBERSTAR, JONES) is recognized for 5 minutes. thing in a bipartisan way to help the Chairman, Committee on Transportation and Infrastructure, Washington, DC. (Mr. JONES addressed the House. His economy? DEAR CHAIRMAN OBERSTAR: Thank you for remarks will appear hereafter in the We are hearing over and over from your letter regarding H.R. 903, the ‘‘Dental Extensions of Remarks.) business people, there is so much un- certainty. If we are really going to Emergency Responder Act.’’ The Committee f on Energy and Commerce recognizes that the have this massive tax increase come The SPEAKER pro tempore. Under a Committee on Transportation and Infra- January 1, we have got to hunker down structure has a jurisdictional interest in previous order of the House, the gen- and get ready. We may have to let H.R. 903, and I appreciate your effort to fa- tleman from Oregon (Mr. DEFAZIO) is some more people go so we can pay the cilitate consideration of this bill. recognized for 5 minutes. additional tax burden that the Federal I also concur with you that forgoing action (Mr. DEFAZIO addressed the House. on the bill does not in any way prejudice the Government is going to lay on us. His remarks will appear hereafter in They made clear if we are going to Committee on Transportation and Infra- the Extensions of Remarks.) structure with respect to its jurisdictional pass what the well-respected on both prerogatives on this bill or similar legisla- f sides of the aisle former chairman of tion in the future, and I would support your The SPEAKER pro tempore. Under a Energy and Commerce, Mr. DINGELL, effort to seek appointment of an appropriate previous order of the House, the gen- called not just a tax, but a great big number of conferees to any House-Senate tleman from Indiana (Mr. BURTON) is tax, the crap-and-trade bill, if that is conference involving this legislation. still looming out there, then that is a I will include our letters on H.R. 903 in the recognized for 5 minutes. Congressional Record during floor consider- (Mr. BURTON of Indiana addressed potential albatross around the neck of ation of the bill. Again, I appreciate your co- the House. His remarks will appear employers. They need to move forward. operation regarding this legislation and I hereafter in the Extensions of Re- But Mr. DINGELL is exactly right; it is look forward to working with the Committee marks.) a great big tax. It is still looming out on Transportation and Infrastructure as the there. It is still a threat to be taken up f bill moves through the legislative process. in a lame duck session. Sincerely, The SPEAKER pro tempore. Under a In fact, the lame duck session, after HENRY A. WAXMAN, previous order of the House, the gentle- the election in November, could be dev- Chairman. woman from Ohio (Ms. KAPTUR) is rec- astating to our economy, as if we Mr. Speaker, I urge passage of the ognized for 5 minutes. haven’t already done enough. We have bill, and I yield back the balance of my (Ms. KAPTUR addressed the House. got not only the crap-and-trade bill time. Her remarks will appear hereafter in looming and being threatened as a po- The SPEAKER pro tempore. The the Extensions of Remarks.) tential lame duck session bill in which question is on the motion offered by f Members of Congress would be asked to the gentleman from New Jersey (Mr. The SPEAKER pro tempore. Under a vote who had already lost their jobs on PALLONE) that the House suspend the previous order of the House, the gen- election day, but we got other bills rules and pass the bill, H.R. 903, as tleman from California (Mr. SHERMAN) hanging out there that some have said amended. is recognized for 5 minutes. they would like to see come up during The question was taken; and (two- (Mr. SHERMAN addressed the House. a lame duck session. thirds being in the affirmative) the His remarks will appear hereafter in One such bill is on the other side of rules were suspended and the bill, as the Extensions of Remarks.) the aisle affectionately known as ‘‘card amended, was passed. check,’’ which is really intriguing. A motion to reconsider was laid on f Card check is quite a misnomer, be- the table. POSSIBLE LEGISLATION FOR CON- cause it would provide for the elimi- f SIDERATION DURING LAME nation of secret ballots in union elec- b 2250 DUCK SESSION OF CONGRESS tions, in deciding whether a group were The SPEAKER pro tempore. Under to go union or not. SPECIAL ORDERS I was intrigued. In the last Congress the Speaker’s announced policy of Jan- we were voting on card check, and the The SPEAKER pro tempore. Under uary 6, 2009, the gentleman from Texas the Speaker’s announced policy of Jan- majority leader of the House of Rep- (Mr. GOHMERT) is recognized for 60 min- resentatives, the Honorable STENY uary 6, 2009, and under a previous order utes as the designee of the minority HOYER, came down this aisle right over of the House, the following Members leader. here. And I was standing over there, will be recognized for 5 minutes each. Mr. GOHMERT. Mr. Speaker, it is al- and I said, ‘‘Leader?’’ He turned around f ways an honor to be here. We have had The SPEAKER pro tempore. Under a and said, ‘‘Yes?’’ quite a day of different suspension I said, ‘‘The rumor is you are going previous order of the House, the gen- bills. It has been an interesting day all to vote against your party, and you are tleman from Massachusetts (Mr. the way around. Also I was honored to going to vote against card check.’’ He MCGOVERN) is recognized for 5 minutes. have a visit from the new president of said, ‘‘Well, the odds of that happening (Mr. MCGOVERN addressed the Baylor University, a man named Presi- are infinitesimal.’’ He has a great sense House. His remarks will appear here- dent Ken Starr. I think he will do a after in the Extensions of Remarks.) of humor. great deal of good for Baylor Univer- I pointed out, ‘‘Well, it is just that f sity. In fact, I am wearing a green and everybody on the floor knows that if it The SPEAKER pro tempore. Under a gold tie in his honor and in honor of were not for the secret ballot, John previous order of the House, the gen- the school where I got my law degree. Murtha would have been elected major- tleman from Texas (Mr. POE) is recog- A lot has been going on. We haven’t ity leader.’’ And he just laughs, ‘‘Oh, nized for 5 minutes. had time to take up the issue of ex- you are so funny.’’ He moved on. (Mr. POE of Texas addressed the tending the current tax rates for an- But the truth is, the Speaker of the House. His remarks will appear here- other year so businesses could be sure House, she said she wanted John Mur- after in the Extensions of Remarks.) about what is going to be happening, so tha to be the majority leader. And we f they could go ahead and make plans, have already seen that this Speaker of The SPEAKER pro tempore. Under a go ahead and make those additional the House is amazing at the wielding of previous order of the House, the gentle- hires, take those folks off the unem- power. She has been far more effective woman from California (Ms. WOOLSEY) ployment rolls because they would fi- at the wielding of power, both with car- is recognized for 5 minutes. nally know what the future holds in rots and sticks, to get things done than (Ms. WOOLSEY addressed the House. the way of taxes. But that was not to our Speaker was my first 2 years here, Her remarks will appear hereafter in be. No, instead we have taken up 85, re- in 2005–2006. She knows how to wield the Extensions of Remarks.) duced by one, 84 suspension bills, all power.

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.225 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7200 CONGRESSIONAL RECORD — HOUSE September 28, 2010 She said she wanted John Murtha to One example is Peter Muhlenberg. gitimate disqualifications from jury be majority leader, and yet STENY Now, since the 1950s, Lyndon Johnson duty. I was struck over and over be- HOYER of Maryland won the election. had gotten a tag into the Internal Rev- cause I had Christians who would come Why? Because there was a secret bal- enue Code, which for the first time up and say, I cannot sit on jury duty. lot, and the will of the Democratic since our country’s inception said, If I’m disqualified because I’m a Chris- Party here in the House was that you’re a terrible institution as des- tian. STENY HOYER be the majority leader. ignated by the Internal Revenue Code, I would explain to them, I’m not So because of the secret ballot, because you cannot get involved in politics. seeking to change your religious be- there had been no card check bill that That was new and different because, liefs, but I need to find out exactly had been rammed through to change for over 170 years, it was the churches whether or not you’re disqualified for the rules in the House of Representa- that were behind the most important religious reasons or whether this is tives, here in the House of Representa- movements, one of which was the Dec- just a personal preference. So I would tives there was still a secret ballot. laration of Independence. Before that, have to inquire, Does this mean you be- Now, when I was growing up in you had the Virginian Commonwealth lieve what is in the Old and New Testa- Mount Pleasant, Texas, I went through laws that were put together. You later ments? public schools, and I am pretty sure had the Northeast Ordinances. There Well, Of course, I would be told. most of my teachers I had voted in the was so much that the churches pushed Well, does that mean you believe it Democratic primary, voted for Demo- forward. to be true when Jesus said, in Matthew, cratic candidates. And I had some won- Peter Muhlenberg was a minister, a if you say ‘‘rock eye’’ to your brother, derful teachers. They inspired me. Christian minister, and he had already you’ll answer to the courts? They instilled in me that the secret talked to Washington. Washington had Now, the verse was mainly about an- ballot is such a foundational block of made him a colonel, unbeknownst to swering to the Father in Heaven for any society that wants to have free Muhlenberg’s congregation there in what’s in your heart, but Jesus knew elections that to withdraw that would Pennsylvania. He was preaching that that, in an orderly society, there would bring the whole political building Sunday, in his black ministerial robe, have to be some form of government down, would subject you to a tyranny. and he was preaching from Ecclesiastes which would hold people accountable. They would say, generally, Yes, I be- So it is absolutely staggering that 3: ‘‘There is a time to every purpose lieve that. people who would come in here and be under Heaven.’’ When he got down to protected with secret ballots in their You know, over in Romans 13, it verse 8, he recited the words in the last makes it clear that, if you believe the own party elections would not grant half of Ecclesiastes 3:8: ‘‘There is a that same right. Actually, they don’t Romans is supposed to be part of the time for war and a time for peace.’’ New Testament and if you said you’re a have the power to grant the rights; That is when Muhlenberg took off his those are given by God. But they have Christian, do you believe that Romans black ministerial robe, as he is de- is and that Romans 13 is valid as part the power to prevent people from en- picted doing in the statue here in the joying the rights that were bestowed of your belief system? Capitol. Underneath, he had on a Revo- They would normally say, Well, yes, on us through our Constitution and lutionary officer’s uniform, including with the grace of almighty God. of course. the saber. He had been carrying that Well, then, you have to believe that We are endowed by our Creator with saber around, wearing that and the uni- certain inalienable rights. Apparently in Romans 13 God has basically or- form underneath his robe. Then he dained any government for good or bad the President left out the Creator. It is said, in essence: ‘‘Ladies and gentle- understandable. When you rely heavily and that in Romans 13:4 it points out: men, now is the time for war,’’ because on teleprompters, as our President ‘‘If you do evil, be afraid,’’ because God they believed they were endowed by does, it is understandable that some- does not give the sword to the govern- their Creator with certain inalienable times you just read past things, and ment in vain. rights, and those were things worth The government is God’s minister to certainly the person who fills in his fighting for. teleprompter with the information avenge evil, to reward good deeds, and When you read those Founders’ let- of course, in our Constitution, it is to would not have left that important ters and their diaries and journals, part of the Declaration of Independence provide for the common defense. But I when you read their speeches and their out. would ask the people who would come writings, you find out they knew they forward as Christians if those were b 2300 were on to something that would be their beliefs, if they believed those We are endowed by our Creator, be- something new, a new order of things, things in Romans, so I could try to cause if it were otherwise, if we were a new order of the ages. That’s why the make the judgment as to whether or endowed by the government with in- great seal has ‘‘Novus Ordo Seclorum’’ not they were disqualified as jurors. alienable rights, then the government at the bottom, underneath the one The response was normally, Of could certainly take them away any- side. In fact, it’s on the back of every- course. time they wished. one’s dollar bills. This was a new order I was in a position to point out, Then Yet, we go back to the founding of of the ages, a new order of things—not if you understand our history, you be- this country, to the time when those a new world order. This was a new lieve, then you understand, as a called people gathered together and gave us order of the ages, a new order of things juror, you’ve been given the sword. If the foundation of what we have grown where people would get to govern you believe Romans 13, then when from and grown into as this fantastic themselves. For so long, this country you’re called for jury duty, that sword Republic, the greatest country in the has borne out the old adage that de- has been placed in your hand, and history of the world. As Tony Blair re- mocracy ensures people are governed you’re expected to come forth and ad- cently said and as another member of no better than they deserve. minister and to make sure that people Parliament said this week: this is an That was one of the hardest things who have not done evil don’t get pun- extraordinary country like no other in for me to come to grips with in the ished and to make sure that those who history, and we have so much to be 1990s. As a Nation, like it or not, we have done evil are to be afraid, because proud of. had what we deserved as a Nation. In they will be punished as they, as the I know there are those who have only fact, in every election, from the begin- jurors called forward, are the govern- recently been proud of America, but ning of this country, whether we have ment. when you study its accurate and true liked it or not, regardless of which In fact, the Founders believed that history so thoroughly, there is so much party has been in power, we have got- the people would be the government to be proud of, and the Founders could ten what we deserved. and that every so often there would be see that. They had the vision. Proverbs I do not seek to ever use my position a day in which the people, as the gov- tells us: Where there is no vision, the to force my religious beliefs on others; ernment, would come forward. They people perish. Yet those Founders had but when I was a judge, I was required would say, We are going to hire new vision for the future. They stood firmly to discern whether or not the people folks to carry out our will. We the peo- on eternal truths. who claimed disqualifications had le- ple, as the government, will hire people

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.333 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7201 to do what we tell them for the next 1, And Abraham Lincoln, so troubled by posed to treat another Christian broth- 2, 4, 6 years. Over the years, we’ve been that battle, and, in fact, after he was er and sister. told even still that the most wide- defeated for a second term in the House But that was in the 1960s, and the spread religion in America which peo- of Representatives in 1848, new person change of the law in the 1950s for the ple in polling data indicate is Christi- took office early 1849, stories were that first time in our history saying church- anity. he did not plan to ever run again. es could not be involved in politics had But stories that John Quincy Adams a profound effect. And then in the early b 2310 had told and sermons basically that 1960s, 1963, we have the Supreme Court If they believe the Founders and they John Quincy Adams preached just say, you know, we’re not real sure. We truly believe the Old and New Testa- down the hall on the evils of slavery don’t think that you should be having ment, they have to understand they’re and pleading with his colleagues to end prayers in public schools. the government. They have been the blight against America called slav- And yet, it was Ben Franklin that given—in fact, we all as American citi- ery, those fell not on deaf ears but on broke the logjam after 5 weeks in the zens have been given—the source. a young freshman’s ears, Abraham Lin- Constitutional Convention of 1787 by Now, all of those in this body are coln, between the time he was sworn in being recognized. He was 80 at the hired public servants. We get hired in early 1847 to the time his successor time. He was 2 or 3 years away from every other year. The government, we was sworn in in early 1849. meeting his Maker. He was suffering the people, the government have the 1850 brought about the compromise of apparently from gout, had to have help right to fire us every other year. And 1850. Other States were going to be getting in and out of Independence Hall as the government, if you truly believe coming in. They were going to be al- for the Constitutional Convention, but the responsibility is to carry out your lowed to have slavery. This ate away at he got recognized. And he pointed out duties as the government in the most Lincoln because he knew, and those they’d been meeting for nearly 5 weeks effective and efficient manner possible, sermons John Quincy Adams preached and had accomplished basically noth- well, that would require coming out on on the floor of the House just ate away ing. hiring and firing day to see that the at him. We could not continue to go How does it happen, sir, he said, that best people got elected, because when forward without stopping this terrible we have not once thought of applying people stay home, they get what they sin called slavery in America. He knew to the Father of lights to illuminate deserve on hiring day. When people that was no way to treat brothers and our understanding? In the beginning come out and vote, they get what they sisters. contest with Great Britain, when we deserve on hiring and firing day. And And eventually he got back into poli- were sensible of danger, we had daily when people don’t bother to educate tics, ran again as we know. Of course, prayer in this room. Our prayers, sir, themselves on who all has applied to be got defeated by Stephen Douglas for were heard and they were graciously the public servant to get hired on hir- the Senate but later elected in 1860 to answered. ing day, then they’re not carrying out be President. There’s some historians Franklin went on, and then he came their duties as a proper government. who say that when Lincoln’s son died, to the point, we’re told, that a sparrow When people know that they would he believed it was God blaming him; cannot fall to the ground without His notice. Is it possible an empire could be a better candidate and be a better because he knew when he got elected rise without His aid? public servant, then it’s their obliga- President that was ordained by God so tion under our founding documents, that he could bring an end to slavery, b 2320 under the concepts on which this Na- and he waited too long to do that. We’ve been assured in the sacred tion was based, to step forward and run There’s always different versions of dif- writing that unless the Lord build the for office or to help others as they run ferent historians, but that is one house, they labor in vain that build it. for office, if they know they would be version of history, that Lincoln blamed ‘‘Firmly believe this,’’ Franklin said. the best person to fill the job of public himself when his son died, that he Then he said, ‘‘I also firmly believe servant. But we have forgotten what should have immediately sought to end that without his concurring aid, we role who plays. The people are the gov- slavery. But as the States started se- shall succeed in our political building ernment. We’re the public servants. ceding from the Union, he felt, Okay, I no better than the builders of Babel.’’ And all too often that gets forgotten. will hold the Union together, and then And he knew. This 80-year-old man in Of course, Peter Muhlenberg, Peter I will end slavery. pain and suffering had a mind and wit Muhlenberg’s brother Frederick, there But he carried a heavy heart as as sharp as ever, though his body was are stories that he was not very President of the United States, as a deteriorating. pleased that his brother Peter had re- Christian, and his second inaugural ad- He ultimately moved that we would cruited from his church, because he re- dress that’s inscribed on the north in- begin each day with prayer, led by a cruited from the church. He got people side wall of the Lincoln Memorial is so local minister. And from then until there in his congregation to join the profound, and it is an intellectual giant now, today when we start, we have a Army with him and recruited from the dealing with theology and this issue of minister start with prayer. So it was town, and they all came to the Army how could a just God allow so much in- staggering, in the 1960s, that the Su- together. And there were stories Fred- justice and so much hate and war. And preme Court, as they continue to do, erick wasn’t that pleased with what he goes through, deals with the issue, say, Yeah, we don’t think prayer is ap- Peter did from the pulpit. and ultimately says we have to pro- propriate. Well, thank goodness I had a There were other stories that when claim God is righteous all together. great legal education at Baylor Univer- Frederick’s church was burned down, We have an extraordinary history. sity, and we learned about the Con- that he did likewise. He recruited. He Who was it that inspired Dr. Martin stitution. We learned about the Con- joined the revolutionary forces and Luther King, Junior, to push for civil stitution’s history, and it doesn’t take helped defeat the British, and, in fact, rights for everyone? Some people much digging to find exactly where it the Christian minister named Fred- think, well, all he did was make sure came from. erick Muhlenberg was the first Speaker that African Americans were treated One of the things that the Founders of the House of Representatives. like others, like everybody else, that pointed out was that ‘‘we don’t trust We also know that behind the aboli- he fought for minorities. But the truth government.’’ The people, as the gov- tionist movement was the churches. is his theology as a Christian minister ernment, in this new creation, this Re- There were many right-thinking peo- was so deep, he understood that in public, ‘‘if we can keep it,’’ as Franklin ple, but the primary groups were the bringing about a society where people said, was going to rely on people being churches; because when they really were judged by the content of their diligent and coming to the polls on studied New Testament principle, they character, rather than the color of election day, on hiring day, and mak- worried and feared that how could God their skin, that he was also freeing An- ing sure they hired good people to continue to bless America when we’re glos who were Christians, many for the carry out the will of the government, putting our brothers and sisters in first time, to treat people the way a the people. And over the years, we’ve chains and bondage, and they fought it. Christian brother and sister is sup- lost that.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.335 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7202 CONGRESSIONAL RECORD — HOUSE September 28, 2010 Of course they wanted, not just one There were takings of dealerships As a judge, we would hear well-mean- legislative body, a huge House of Rep- born out of these private, secret seedy ing witnesses all try to give their resentatives, big for that time. And discussions. They took property rights version of what they saw with their then also, that was not enough, not away from these people. Some of them own eyes, and it was amazing. Eye- some just elite or social elite in an- still owe money at the bank today, yet witnesses so often varied on details other body like, a House of Lords. They their dealerships were taken away. that occurred. wanted a group they would call the Their security was taken away. The But Mr. Woodward has a book out. I Senate, and they would have the power banks that had loaned money to buy was deeply saddened to see what he had to nix anything that the guys in the dealerships were harmed when the said about President Obama’s discus- House of Representatives did. That’s dealer’s dealership was taken away by sion with Secretary Gates, that he what the Founders thought: We want this anarchy group. could either endorse the President’s to make it as hard as we possibly can But the Supreme Court let the 24 idea of 25 percent fewer new troops to pass laws because when it’s too easy, hours go, and an illegal, unconstitu- going to Afghanistan, 25 percent fewer then you have tyranny. And that’s tional bankruptcy plan went through than the military had asked for in what we’ve seen a great deal of lately. unimpeded. And lots of people suffered. McChrystal’s report, or the President We saw with the automobile bailout I understand their claims, the claims could go with what he described to an auto task force. We had all these being made currently, it sounds like, to Gates as a ‘‘hope for the best’’ plan of czars. We have an auto task force, me, legitimately by dealers who had a 10,000 trainers, under which Afghani- unelected, unaccountable—certainly to Federal taking without due process and stan would almost certainly be lost to Congress. They wouldn’t tell us what without remuneration. It sounds like the Taliban. went on. They wouldn’t give anybody they’re doing the right thing. And yet Woodward quotes President Obama any information about the conversa- we’ve heard from people on the other as saying, Can you support this? And tions that took place, who said what. side about how terrible the economy then he is quoted as saying, Because if And yet they come out with a bank- was that the Democrats inherited from the answer is no, I understand it, and I ruptcy plan that turned the bank- President Bush. will be happy it just authorize another ruptcy laws upside down. When if you go back to January 3, 10,000 troops and we can continue to go I mean, the law is supposed to mean 2007, that was the day that the Demo- as we are and train the Afghan na- something. There are businesses and cratic majority took over the Senate tional force and just hope for the best. individuals that have had to file bank- and the Congress. We can just visit Woodward’s comment was ‘‘hope for ruptcy, and they were forced to always that day. January 3, 2007, the Dow the best.’’ The condescending words play by the rules. And yet here were Jones closed at 12,474.52. The GDP for hung in the air. Well, there were ac- these automakers who got to just the fourth quarter of 2006, we found out counts, reports that supposedly, pos- thumb their noses at the law. Why? Be- after election day, had grown 3 percent sibly, that McChrystal had originally cause the safeguards that were put in higher than in the third quarter. The orally said, We probably need 80,000 place by the Founders were just ig- unemployment rate was 4.5 percent. troops in Afghanistan to have as much nored. Well, there were checks and bal- Bush’s economic policies had led to 40 effect as the surge in Iraq had had and ances. You can’t just have a czar or straight months of job creation, more to get things under control. some task force that’s unaccountable, jobs than were being lost. January 3, I am not sure if those were true, but just ignore laws and come forth with a 2007, was also the day that BARNEY one account was that the President, or bankruptcy plan that doesn’t allow for FRANK took over as chairman of the the White House, had asked, Let’s cut any motions. It doesn’t allow for any House Financial Services Committee that down from 80 to 40 because that’s other alternative plans, does not allow and CHRIS DODD, as Senator, took over more reasonable, something more do- the secured creditors to be treated as the Senate Banking Committee as able. secured creditors but instead, flips chairman. But nonetheless, the request was in them upside down so the secured credi- Over and over, the Bush administra- writing for 40,000. And the report made tors are treated as unsecured and the tion had asked Congress to stop Fannie very clear that time was of the essence. unsecured union is treated as secured. Mae and Freddie Mac, to rein it in, and And if we delay doing this, the whole Nobody could get away with turning to Republicans’ dismay and dishonor, outcome of Afghanistan could hinge the law upside down like that. We have it was not done. It should have been. within the next 12 months. And it was too many other checks and balances, And certainly the Democratic friends shocking to wait for 90 days. Thirty we thought. But not here in Wash- across the aisle were objecting. The days, nothing happened. The President ington now, we don’t. And that’s why man who became chairman, BARNEY said he had been busy, been running this body and the Senate allowed a ter- FRANK, was objecting. Of course we’ve around congratulating people all over ribly illegal bankruptcy plan to go for- seen the speech where he said, No, they the country. Kind of like in here. We were fine, in essence. They were fine. ward. It wasn’t hard apparently to find don’t have time to help the economy They were not fine. They were in big a bankruptcy judge that would wel- by assuring people and businesses we trouble, and nothing was done. It come the chance to avoid ever having will keep the same tax rate for at least to have months and months or years of should have been. If we look back, we will find that the next year or so. Oh, no. We had to hearings. He would just simply sign off Fannie Mae and Freddie Mac, they do 84 suspension bills on various things on that because, as we know, bank- weren’t sitting dormantly on the side. today. No time to help the economy, ruptcy judges are subject to reappoint- Oh, no. They were actively involved in though, by assuring businesses and ment on a regular basis. And we also politics. And if you look at the period, people their taxes will not have the know many bankruptcy judges want to as Open Secrets did, from 1989 to 2008 biggest increase in American history, be district judges and other things. So to find out who gained the most in po- which looms as of January 1. it apparently wasn’t too hard to find a litical contributions during that period But anyway, 30,000 troops were au- bankruptcy judge to sign that order, from Fannie Mae and Freddie Mac as thorized. And it’s a shame if that ends giving it color of law. This body should they sought to try to entrench their fu- up being true, that President Obama have struck it down. We had the power. tures, well the second-highest amount told Gates, either go along with the We turned our heads. There was one of contributions from Fannie Mae and 30,000, 25 percent less than McChrystal hope left. That was the Supreme Court, Freddie Mac went to a Senator named said were absolutely essential to hav- another wonderful check and balance Barack Obama. ing a chance, the best chance to defeat put in place by the Founders. Ruth the Taliban, and to win in Afghanistan. Bader Ginsburg, to her credit, put a 24- b 2330 But the trouble is, my friend, DANA hour hold on the deal that was born out Things changed, didn’t they? And ROHRABACHER, had let me know this of these private, secret meetings unac- now we have the book come out from past summer that there were some countable, unelected people were hav- Mr. Woodward. Who is to know exactly members of the northern alliance that ing when they turned the law and the what is absolute truth and what is af- we called upon, some call them war- Constitution upside down. fected by unartful memory? lords, tribal groups, who we had allied

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.338 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7203 ourselves with when we first went into away unilaterally, when there is noth- all kinds of fantastic plans, but the Afghanistan. We let them do most of ing being brought to the bargaining majority has a choke hold on CBO so the fighting, and they were able to de- table by the other side. Yeah, we have that they will come forward; if the feat the Taliban. We provided weap- seen what you have done to your allies. President needs a CBO score to be onry and consultants, trainers, and We saw how you voted to demand under $900 billion, they get it under they were able to defeat the Taliban. Israel show off their weaponry, just there and then conveniently find out But then, as Afghanistan languished, like Hezekiah did as king of Israel later on that they missed it by a quar- the Taliban has made a resurgence. when he showed the weaponry to Bab- ter of a trillion dollars. If the adminis- And there were stories that these peo- ylonian leaders. And for that, Isaiah tration needs a scoring to be done in ple with the northern alliance, these said, in essence, you fool. Because you the time that the rest of us are told by leaders had heard that the United have done this you will lose it all. CBO they can’t score something in that States was indirectly negotiating with You don’t show your enemies all of amount of time or with what little is Pakistan and with Karzai, as the leader your defenses. You don’t do that. And given, if this administration or this of Afghanistan, and indirectly with the you don’t make your friends do that ei- majority wants it, they get it done. I Taliban, basically, if you’ll just let us ther. You don’t make your friends give don’t see how that is bipartisan. out next summer and not make a fuss, away their ability to conventionally When you look at over 700 bills that you can have the country. You guys defend themselves like we have been they have scored and you find just can work it out. That was what the putting pressure on Israel to do. barely over 100 Republican bills, in- northern alliance people were hearing. And now, with Afghanistan. I don’t cluding what Newt Gingrich had told And what I didn’t know until we met know what the answers are. But I me: You have got to get your health with a number of those leaders, these would have hoped that from Vietnam care bill scored. It could change the de- are brave warriors. These are brave we learned, not that we couldn’t win, bate. It ought to have a good score. fighters. But they were concerned for because we find out from the true his- Well, CBO has shut out that possi- themselves and more so for their fami- tory, Vietnam was winnable, but we bility, as if they were the most par- lies and for those who looked to them didn’t have the will. Washington could tisan of all partisans, because they for leadership, because what I didn’t have decided to win the Vietnam war know by preventing alternative bills know was that after they had defeated whenever it got ready, but, instead, we from getting scored, then they prevent the Taliban to help us, we demanded kept sending people over there piece- a viable alternative from being debated that they disarm and basically said, meal to die. here on the floor. Shame on CBO. you know, you can count on us. You The message ought to be clear. If you There have been some great ideas, know, the Taliban’s been defeated. You are going to send American men and and they are so basic. Do you want to can disarm now. That’s the only way to women into harm’s way, you send with get the economy going? Let people peace. And don’t worry, we are around them everything they need to win, and keep their own money. You wouldn’t to make sure that the Taliban won’t be you don’t tie their hands behind them. have needed an automobile bailout if back. They won’t be bothering you. You let them fight. you had let people keep their own You defeated them. We are here. We And the rules of engagement in Af- money for 2 or 3 months. will see that nothing bad happens. ghanistan are causing losses of life be- People say: You guys on this side of So they disarmed. And they said they cause we are so tying our own hands the aisle are only out to help the rich. really did. They trusted the United that it puts our people at risk. I am not. We are not. But what we States, their ally. want to do is focus tax relief only to b 2340 And now, the Taliban making this re- the limited people who are paying the surgence, because McChrystal didn’t Is there any wonder people are hesi- taxes, and we have the unmitigated get the soldiers he asked for, and al- tant to be our allies? The Northern Al- gall to think that we should not engage though the President said that is the liance could tell them, watch out. I in class warfare. That is divisive. Or war, that’s where Bush is messing up, hope and pray that the Northern Alli- maybe I should say divisive, derisive, he didn’t make that the central war. ance leaders were wrong, that our ad- dismissive. Tax relief should go to This President has not done any better ministration here is not indirectly those who are paying taxes, pure and and, instead, has announced to our en- sending messages to the Taliban: If you simple. And it is not a tax rebate if emies, not in so many words, but it’s just hang in there, you guys can divide people didn’t put any ‘‘bait’’ in in the something any enemy would get. When things up. Because it does mean our al- first place. you say we’re going to pull out next lies in Afghanistan will be dead. Art Laffer also says, as an economist summer, it tells the enemy, if you can It is rather hard to hear people in that helped Reagan get the cart out of just hang on until next year, then you this administration say that the Re- the ditch for this country: Quit buying win. publican Party has no leaders when all this stuff. Start selling off things. And lest we forget, the Taliban was they took one of my ideas. And I did Yet every month that goes by, this behind the training and the planning of tell them, I don’t care who gets the government buys more and more lands, 9/11 and the killing of 3,000 Americans. credit. But that was back in January of which takes the land off of the tax rolls How quickly we have forgotten. Have 2009—actually, November of 2008, when for the local government and the you forgotten? Have we forgotten? I pushed forward the tax holiday idea. schools. We do so much damage taking They killed 3,000 people, and now we It is a great idea. People would leave away tax dollars from schools, and we are going to let them—we are going to the money in their own checks. take away areas where we have got walk away from Afghanistan and let I emailed the idea to Newt Gingrich. natural resources that could be mined them have a stronghold there. And the He fired back: This is brilliant. I will or produced. northern alliance knows what that push it. I want alternative energy sources, means. It means that they and their I don’t get a lot of emails saying and it would be easy. Instead of having families are dead. Our allies will be something I proposed is brilliant. Art the crap-and-trade bill that does so dead. Laffer had said more recently that much more damage to the economy, It isn’t hard to figure out, if you’re would have been the best thing to do, a heck, just start drilling what we have, out there in the world, and United tax holiday. making sure it is done safely. And that States representatives say, you can The trouble is the majority right now does not mean as it was being done trust us, be our ally, you’d want to say, believes that the money being earned when Deepwater Horizon blew up, well, no, no thank you very much. I by people doesn’t belong to them, it be- where the part of MMS that was al- have seen what you have done to your longs to us, and we will decide what of lowed to unionize was the offshore in- allies. I have seen what your best this government’s money they get to spectors. friend, Israel, has had happen to them keep. That is not way it is supposed to And when I asked the question, and the pressure you have put on them work. ‘‘What kinds of checks and balances do not to defend themselves, to give away And we have been told we are sup- you have to make sure those offshore part of their country; to keep giving posed to be for something. We have got inspectors who are unionized and had a

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.340 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7204 CONGRESSIONAL RECORD — HOUSE September 28, 2010 union contract to limit what they lowered our corporate tax rate to 17, 15, lative program and any special orders could be required to do, what kind of 12 percent, they would be building new heretofore entered, was granted to: checks and balances do you have to plants back in the United States. (The following Members (at the re- make sure that they do the right Those jobs would return. We need to do quest of Mr. PALLONE) to revise and ex- thing?’’ they said, ‘‘Oh, the checks and that. tend their remarks and include extra- balances? That is that we send them b 2350 neous material:) out in pairs so they are watching each Mr. MCGOVERN, for 5 minutes, today. other, and they will report each other We need to do that. Ms. WOOLSEY, for 5 minutes, today. if they don’t do exactly what they are We need a zero baseline budget, no Mr. DEFAZIO, for 5 minutes, today. supposed to.’’ automatic increases. I have that bill. I Ms. KAPTUR, for 5 minutes, today. Yet the last two people who were filed it each of the three times that I Mr. SHERMAN, for 5 minutes, today. sent as offshore inspectors, unionized, have been here, each of the three (The following Members (at the re- to inspect the Deepwater Horizon were terms. quest of Mr. GOHMERT) to revise and ex- a father-and-son team. That is this ad- I have got a U.N. voting account- tend their remarks and include extra- ministration and the union’s idea of a ability bill that simply says any na- neous material:) good check and balance. tion, since they are sovereign they can Mr. BURTON of Indiana, for 5 minutes, We have apparently hundreds of bil- do what they want to in the U.N., how today, September 29 and 30. lions, and now it is estimated even over they vote. They can applaud Mr. FRANKS of Arizona, for 5 minutes, $1 trillion, of Americans’ money in for- Ahmadinejad’s crazy speeches, but for September 29. eign banks that was earned overseas, any country that votes against our po- Mr. FORBES, for 5 minutes, Sep- and it has been left there, and this gov- sition in the U.N. more than half the tember 29. ernment will never have a chance to time, they get no financial assistance Mr. BROUN of Georgia, for 5 minutes, tax that at all. So here we are in eco- from the United States of any kind in September 29. the subsequent year. It is their choice. nomic crisis. f This was proposed in September of I said it before: you don’t have to pay 2008 by some leading economists here: people to hate you. They will do it for SENATE BILLS REFERRED Instead of a TARP giveaway slush free. Bills of the Senate of the following fund, don’t get the government in- There are so many things we could do titles were taken from the Speaker’s volved in the socialist action of buying to get out of the economic malaise we table and, under the rule, referred as into business, buying into Wall Street, are in. We need a balanced budget follows: amendment. That would help. engorging Goldman Sachs and AIG. Let S. 1338. An act to require the accreditation them go through reorganization like I honestly believe we have got to pass of English language training programs, and everybody else does. a bill on Social Security that would for other purposes; to the Committee on the But what you could do is say, okay, shore it up. And, no, we didn’t do it my Judiciary. for you American people, companies first 2 years. S. 3243. An act to require U.S. Customs and that have money in foreign banks that I proposed it to some of our leaders Border Protection to administer polygraph has never come into American banks, back then, our leading thinkers. They examinations to all applicants for law en- here is the deal. You come in and pur- said it was a bad idea, but I still say it forcement positions with U.S. Customs and is a good idea, and that is for the first Border Protection, to require U.S. Customs chase things that will get the economy and Border Protection to initiate all periodic going. time since the inception of Social Se- background reinvestigations of certain law And we could direct that. There will curity, you require Social Security tax enforcement personnel, and for other pur- be no tax consequences, no penalties. money to go into the Social Security poses, to the Committee on Homeland Secu- So you, with private money, can get trust fund, real money in there to draw rity. things going. And then, of course, once real interest. We could create instru- S. 3802. An act to designate a mountain and that money is here, it does get the ments that would not create risk, that icefield in the State of Alaska as the ‘‘Mount economy going; and, once it is in this would allow us to draw interest with- Stevens’’ and ‘‘Ted Stevens Icefield’’, respec- out affecting the bond markets. There tively, to the Committee on Natural Re- country, then it is taxable for the fu- sources. ture. Or we could start selling off some are so many things we can do. S. 3839. An act to provide for an additional of the land. You know, we have got to We have been blessed so richly. I temporary extension of programs under the start thinking outside the box. have said this before, but, Mr. Speaker, Small Business Act and the Small Business One of the great things that hap- I want to conclude with it tonight, be- Investment Act of 1958, and for other pur- pened under Abraham Lincoln was the cause people have been frustrated, I poses, to the Committee on Small Business. Morrill Act. The Morrill Act allowed have been frustrated. f universities to be started with land But the message is clear. John ENROLLED BILLS SIGNED grants. We have people on welfare. And Adams wrote to Abigail after the sign- I know there are some that just don’t ing of the Declaration of Independence. Lorraine C. Miller, Clerk of the want to work, but there are some that He was so excited, and he talked about House, reported and found truly en- do. How about if, instead of the wel- the celebrations, and he finished his rolled bills of the House of the fol- fare, we give them an alternative: We letter with this: lowing titles, which were thereupon will give you so many acres that can You will think me transported with signed by the Speaker: provide land where you can live off of enthusiasm, but I am not. I am well H.R. 714. An act to authorize the Secretary it and make a living. And we will give aware of the toil and blood and treas- of the Interior to lease certain lands in Vir- you seed money to start, but you have ure it will cost us to maintain this gin Islands National Park, and for other pur- to sign an agreement you will never ac- Declaration and to support and defend poses. cept welfare again. How about that? We these States. Yet through all the H.R. 1517. An act to allow certain U.S. Cus- toms and Border Protection employees who have got plenty of land. gloom I can see the rays of ravishing serve under an overseas limited appointment How about using the energy sources light and glory. I can see that the end for at least 2 years, and whose service is we have and taking 25 or even 50 per- is more than worth all the means, and rated fully successful or higher throughout cent of the royalty and designating that posterity will triumph in that that time, to be converted to a permanent that to go for research for alternative day’s transaction, even though we appointment in the competitive service. energy sources, so that it happens should rue it, which I trust in God we H.R. 2923. An act to enhance the ability to without the government taxing and de- shall not. combat methamphetamine. stroying the American economy? With that, Mr. Speaker, I yield back. H.R. 3553. An act to exclude from consider- And, how about dropping the cor- ation as income under the Native American f Housing Assistance and Self-Determination porate tax down to 15 percent, 2 per- SPECIAL ORDERS GRANTED Act of 1996 amounts received by a family centage points below China? I am told from the Department of Veterans Affairs for by CEOs that have moved manufac- By unanimous consent, permission to service-related disabilities of a member of turing industries to China that if we address the House, following the legis- the family.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K28SE7.342 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7205 H.R. 3808. An act to require any Federal or eral Services Administration to the Amer- H.R. 4667. To increase, effective as of De- State court to recognize any notarization ican Red Cross, other qualified organiza- cember 1, 2010, the rates of compensation for made by a notary public licensed by a State tions, and State and local governments. veterans with service-connected disabilities other than the State where the court is lo- S. 3717. An act to amend the Securities Ex- and the rates of dependency and indemnity cated when such notarization occurs in or af- change Act of 1934, the Investment Company compensation for the survivors of certain fects interstate commerce. Act of 1940, and the Investment Advisers Act disable veterans, and for other purposes. H.R. 6190. An act to amend the Internal of 1940 to provide for certain disclosures H.R. 1454. Multinational Species Conserva- Revenue Code of 1986 to extend the funding under section 552 of title 5, United States tion Funds Semipostal Stamp Act of 2010 and expenditure authority of the Airport and Code, (commonly referred to as the Freedom H.R. 4505. To enable State homes to furnish Airway Trust Fund, to amend title 49, United of Information Act), and for other purposes. nursing home care to parents any of whose States Code, to extend the airport improve- S. 3814. An act to extend the National children died while serving in the Armed ment program, and for other purposes. Flood Insurance Program until September Forces. f 30, 2011. H.R. 6102. To amend the National Defense Authorization Act for Fiscal Year 2010 to ex- SENATE ENROLLED BILLS SIGNED f tend the authority of the Secretary of the The Speaker announced her signa- BILLS PRESENTED TO THE Navy to enter into multiyear contracts for ture to enrolled bills of the Senate of PRESIDENT F/A–18E, F/A–18F, and EA–18G aircraft. the following titles: H.R. 3562. To designate the federally occu- S. 846. An act to award a congressional Lorraine C. Miller, Clerk of the pied building located at 1220 Echelon Park- gold medal to Dr. Muhammad Yunus, in rec- House reports that on September 23, way in Jackson, Mississippi, as the ‘‘James ognition of his contributions to the fight 2010 she presented to the President of Chaney, Andrew Goodman, Michael against global poverty. the United States, for his approval, the Schwerner, and Roy K. Moore Federal Build- S. 1055. An act to grant the congressional following bills. ing’’. gold medal, collectively, to the 100th Infan- H.R. 5682. to improve the operation of cer- try Battalion and the 442nd Regimental f Combat Team, United States Army, in rec- tain facilities and programs of the House of Representatives, and for other purposes. ognition of their dedicated service during ADJOURNMENT World War II. H.R. 5297. To create the Small Business S. 1674. An act to provide for an exclusion Lending Fund Program to direct the Sec- Mr. GOHMERT. Mr. Speaker, I move under the Supplemental Security Income retary of the Treasury to make capital in- that the House do now adjourn. program and the Medicaid program for com- vestments in eligible institutions in order to The motion was agreed to; accord- increase the availability of credit for small pensation provided to individuals who par- ingly (at 11 o’clock and 52 minutes ticipate in clinical trials for rare diseases or businesses, to amend the Internal Revenue conditions. Code of 1986 to provide tax incentives for p.m.), the House adjourned until to- S. 2868. An act to provide increased access small business job creation, and for other morrow, Wednesday, September 29, to the Federal supply schedules of hthe Gen- purposes. 2010, at 10 a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 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 cir- cumstances. 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.

VerDate Mar 15 2010 02:13 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 8634 E:\CR\FM\A28SE7.113 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7206 CONGRESSIONAL RECORD — HOUSE September 28, 2010 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.

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 reve- nues 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. 6132, the Veterans Benefits and Economic Welfare Improvement Act of 2010, as amended, for print- ing 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 pension payable to Medal of Honor recipients.

VerDate Mar 15 2010 02:38 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 8634 E:\CR\FM\A28SE7.163 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7207 EXECUTIVE COMMUNICATIONS, throughout the Life Cycle of Major Defense report on transactions involving U.S. exports ETC. Acquisition Programs (DFARS Case 2009- to Mexico pursuant to Section 2(b)(3) of the D014) received September 1, 2010, pursuant to Export-Import Bank Act of 1945, as amended; Under clause 2 of rule XIV, executive 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Financial Services. communications were taken from the Armed Services. 9687. A letter from the Chairman and Presi- Speaker’s table and referred as follows: 9674. A letter from the Director, Defense dent, Export-Import Bank, transmitting a 9664. A letter from the Administrator, De- Procurement and Acquisition Policy, De- report on transactions involving U.S. exports partment of Agriculture, transmitting the partment of Defense, transmitting the De- to Mexico pursuant to Section 2(b)(3) of the Department’s final rule — Apricots Grown in partment’s final rule — Defense Federal Ac- Export-Import Bank Act of 1945, as amended; Designated Counties in Washington; In- quisition Regulation Supplement; Transpor- to the Committee on Financial Services. creased Assessment Rate [Doc. No.: AMS- tation (DFARS Case 2003-D028) received Sep- 9688. A letter from the Chairman and Presi- FV-10-0050; FV10-922-1 FR] received Sep- tember 1, 2010, pursuant to 5 U.S.C. dent, Export-Import Bank, transmitting the tember 1, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed transaction involving U.S. exports to the Re- 801(a)(1)(A); to the Committee on Agri- Services. public of Panama; to the Committee on Fi- nancial Services. culture. 9675. A letter from the Under Secretary, 9689. A letter from the Chairman and Presi- 9665. A letter from the Administrator, De- Department of Defense, transmitting a letter dent, Export-Import Bank, transmitting a partment of Agriculture, transmitting the on the approved retirement Lieutenant Gen- report involving U.S. exports to Kuwait; to Department’s final rule — Perishable Agri- eral Keith W. Dayton, United States Army, and his advancement to the grade of lieuten- the Committee on Financial Services. cultural Commodities Act: Increase in Li- 9690. A letter from the Secretary, Depart- ant general on the retired list; to the Com- cense Fees [Document No.: AMS-FV-08-0098] ment of Health and Human Services, trans- mittee on Armed Services. (RIN: 0581-AC92) received September 1, 2010, mitting first annual financial reoprt as re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9676. A letter from the Under Secretary, Departmetnt of Defense, transmitting in- quired by the Animal Generic Drug User Fee mittee on Agriculture. Act of 2009; to the Committee on Energy and terim report on the submission of a plan for 9666. A letter from the Administrator, De- Commerce. actions to eliminate the need for members of partment of Agriculture, transmitting the 9691. A letter from the Program Analyst, Department’s final rule — Walnuts Grown in the Armed Forces and their dependants to Department of Transportation, transmitting California; Changes to the Quality Regula- rely on the supplemental nutrition assist- the Department’s final rule — Federal Motor tions for Shelled Walnuts [Doc. No.: AMS- ance program; to the Committee on Armed Vehicle Theft Prevention Standard; Final FV-09-0036; FV09-984-4 FR] received Sep- Services. Listing of 2011 Light Duty Truck Lines Sub- 9677. A letter from the Chair, Congres- tember 1, 2010, pursuant to 5 U.S.C. ject to the Requirements of This Standard 801(a)(1)(A); to the Committee on Agri- sional Oversight Panel, transmitting the and Exempted Vehicle Lines for Model Year culture. Panel’s monthly report pursuant to Section 2011 [Docket No.: NHTSA-2010-0070] (RIN: 9667. A letter from the Administrator, De- 125(b)(1) of the Emergency Economic Sta- 2127-AK68) received September 1, 2010, pursu- partment of Agriculture, transmitting the bilization Act of 2008, Pub. L. 110-343; to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department’s final rule — National Organic Committee on Financial Services. on Energy and Commerce. Program; Amendment to the National List 9678. A letter from the Acting Director, 9692. A letter from the Program Analyst, of Allowed and Prohibited Substances (Live- Single Family Housing Guaranteed Loan Di- Department of Transportation, transmitting stock) [Document Number: AMS-NOP-10- vision, Department of Agriculture, transmit- the Department’s final rule — Federal Motor 0051; NOP-10-041R] (RIN: 0581-AD04) received ting the Department’s final rule — Guaran- Vehicle Safety Standards; Electric-Powered September 1, 2010, pursuant to 5 U.S.C. teed Single Family Housing Loans (RIN: Vehicles; Electrolyte Spillage and Electrical 801(a)(1)(A); to the Committee on Agri- 0575-AC85) received August 25, 2010, pursuant Shock Protection [Docket No.: NHTSA-2010- culture. to 5 U.S.C. 801(a)(1)(A); to the Committee on 0021] (RIN: 2127-AK05) received September 1, 9668. A letter from the Congressional Re- Financial Services. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the view Coordinator, Department of Agri- 9679. A letter from the Chairman and Presi- Committee on Energy and Commerce. culture, transmitting the Department’s final dent, Export-Import Bank, transmitting a 9693. A letter from the Program Analyst, rule — Cold Treatment Regulations [Docket report on transactions involving U.S. exports Department of Transportation, transmitting No.: APHIS-2006-0050] received September 1, to Brazil pursuant to Section 2(b)(3) of the the Department’s final rule — Schedule of 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Export-Import Bank Act of 1945, as amended; Fees Authorized by 49 U.S.C. 30141 [Docket Committee on Agriculture. to the Committee on Financial Services. No.: NHTSA 2010-0035; Notice 2] (RIN: 2127- 9669. A letter from the Budget Coordinator, 9680. A letter from the Chairman and Presi- AK70) received September 1, 2010, pursuant Research, Education & Economics, Depart- dent, Export-Import Bank, transmitting a to 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Agriculture, transmitting the De- report on transactions involving U.S. exports Energy and Commerce. partment’s final rule — United States De- to New Zealand pursuant to Section 2(b)(3) of 9694. A letter from the Program Analyst, partment of Agriculture Research Mis- the Export-Import Bank Act of 1945, as Department of Transportation, transmitting conduct Regulations for Extramural Re- amended; to the Committee on Financial the Department’s final rule — Federal Motor search (RIN:0524-AA34) received September 1, Services. Vehicle Safety Standards; Theft Protection 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9681. A letter from the Chairman and Presi- and Rollaway Prevention [Docket No.: Committee on Agriculture. dent, Export-Import Bank, transmitting a NHTSA 2010-0043] (RIN: 2127-AK38) received 9670. A letter from the Administrator, De- report on transactions involving U.S. exports September 1, 2010, pursuant to 5 U.S.C. partment of Agriculture, transmitting the to Turkey pursuant to Section 2(b)(3) of the 801(a)(1)(A); to the Committee on Energy and Department’s final rule — Milk in the North- Export-Import Bank Act of 1945, as amended; Commerce. east and Other Marketing Areas; Order to the Committee on Financial Services. 9695. A letter from the Program Analyst, Amending the Orders [Doc. No.: AMS-DA-09- 9682. A letter from the Chairman and Presi- Department of Transportation, transmitting 0062; AO-14-A73, et al,; DA-03-10] received dent, Export-Import Bank, transmitting a the Department’s final rule — Federal Motor September 1, 2010, pursuant to 5 U.S.C. report on transactions involving U.S. exports Vehicle Safety Standards; Side Impact Pro- 801(a)(1)(A); to the Committee on Agri- to Ireland pursuant to Section 2(b)(3) of the tection; Fuel System Integrity; Electric- culture. Export-Import Bank Act of 1945, as amended; Powered Vehicles: Electrolyte Spillage and 9671. A letter from the Deputy Secretary, to the Committee on Financial Services. Electrical Shock Protection [Docket No.: Department of Defense, transmitting the De- 9683. A letter from the Chairman and Presi- NHTSA-2010-0032] (RIN: 2127-AK48) received partment’s annual Developing Countries dent, Export-Import Bank, transmitting a September 1, 2010, pursuant to 5 U.S.C. Combined Exercise Program report of ex- report on transactions involving U.S. exports 801(a)(1)(A); to the Committee on Energy and penditures for Fiscal Year 2009, pursuant to to India pursuant to Section 2(b)(3) of the Commerce. 10 U.S.C. 2010; to the Committee on Armed Export-Import Bank Act of 1945, as amended; 9696. A letter from the Senior Regulation Services. to the Committee on Financial Services. Analyst, Department of Transportation, 9672. A letter from the Secretary, Depart- 9684. A letter from the Chairman and Presi- transmitting the Department’s final rule — ment of the Army, transmitting determina- dent, Export-Import Bank, transmitting a List of Nonconforming Vehicles Decided To tion that the Excalibur program has exceed- report on transactions involving U.S. exports Be Eligible for Importation [Docket No.: ed the program acquisition unit cost base- to Mexico pursuant to Section 2(b)(3) of the NHTSA-2006-0134] received August 24, 2010, line, pursuant to 10 U.S.C. 2433(e)(1); to the Export-Import Bank Act of 1945, as amended; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Armed Services. to the Committee on Financial Services. mittee on Energy and Commerce. 9673. A letter from the Director, Defense 9685. A letter from the Chairman and Presi- 9697. A letter from the Director, Regu- Procurement and Acquisition Policy, De- dent, Export-Import Bank, transmitting a latory Management Division, Environmental partment of Defense, transmitting the De- report on transactions involving U.S. exports Protection Agency, transmitting the Depart- partment’s final rule — Defense Federal Ac- to Mexico pursuant to Section 2(b)(3) of the ment’s final rule — Approval and Promulga- quisition Regulation Supplement; Acquisi- Export-Import Bank Act of 1945, as amended; tion of Air Quality Implementation Plans; tion Strategies to Ensure Competition to the Committee on Financial Services. Louisiana; Baton Rouge 8-Hour Ozone Non- 9686. A letter from the Chairman and Presi- attainment Area; Determination of Attain- dent, Export-Import Bank, transmitting a ment of the 8-Hour Ozone Standard [EPA-

VerDate Mar 15 2010 02:05 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\L28SE7.000 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7208 CONGRESSIONAL RECORD — HOUSE September 28, 2010 R06-OAR-2010-0113; FRL-9197-8] received Sep- 9708. A letter from the Acting Executive Directives; Dowty Propellers R408/6-123F/17 tember 2, 2010, pursuant to 5 U.S.C. Secretary, Agency for International Devel- Model Propellers [Docket No.: FAA-2009-0776; 801(a)(1)(A); to the Committee on Energy and opment, transmitting a report pursuant to Directorate Identifier 2009-NE-32-AD; Commerce. the Federal Vacancies Reform Act of 1998; to Amendment 39-16403; AD 2010-17-11] (RIN: 9698. A letter from the Director, Regu- the Committee on Oversight and Govern- 2120-AA64) received September 1, 2010, pursu- latory Management Division, Environmental ment Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Protection Agency, transmitting the Depart- 9709. A letter from the Acting Exectutive on Transportation and Infrastructure. ment’s final rule — Change of Address for Secretary, Agency for International Devel- 9718. A letter from the Program Analyst, Region 5 State and Local Agencies; Tech- opment, transmitting a report pursuant to Department of Transportation, transmitting nical Correction [FRL-9198-2] received Sep- the Federal Vacancies Reform Act of 1998; to the Department’s final rule — Airworthiness tember 2, 2010, pursuant to 5 U.S.C. the Committee on Oversight and Govern- Directives; Rolls-Royce plc (RR) RB211-22B 801(a)(1)(A); to the Committee on Energy and ment Reform. and RB211-524 Series Turbofan Engines Commerce. 9710. A letter from the Chairman, National [Docket No.: FAA-2009-1157; Directorate 9699. A letter from the Director, Regu- Transportation Safety Board, transmitting Identifier 2009-NE-26-AD; Amendment 39- latory Management Division, Environmental in accordance with Pub. L. 105-270, the Fed- 16402; AD 2010-17-10] (RIN: 2120-AA64) received Protection Agency, transmitting the Depart- eral Activities Inventory Reform Act of 1998 September 1, 2010, pursuant to 5 U.S.C. ment’s final rule -Approval and Promulga- (FAIR Act), the Board’s inventory of 801(a)(1)(A); to the Committee on Transpor- tion of Air Quality Implementation Plans; commerical activities for 2009; to the Com- tation and Infrastructure. Minnesota; Carbon Monoxide (CO) Limited mittee on Oversight and Government Re- 9719. A letter from the Program Analyst, Maintenance Plan for the Twin Cities Area form. Department of Transportation, transmitting [EPA-R05-OAR-2010-0556; FRL-9197-9] re- 9711. A letter from the Program Analyst, the Department’s final rule — Airworthiness ceived September 2, 2010, pursuant to 5 Department of Homeland Security, transmit- Directives; Dassault-Aviation Model FAL- U.S.C. 801(a)(1)(A); to the Committee on En- ting the Department’s final rule — Air- CON 7X Airplanes [Docket No.: FAA-2010- ergy and Commerce. worthiness Directives; Agusta S.p.A. Model 0800; Directorate Identifier 2010-NM-162-AD; 9700. A letter from the Director, Regu- A119 and AW119 MKII Helicopters [Docket Amendment 39-16416; AD 2010-18-03] (RIN: latory Management Division, Environmental No.: FAA-2010-0806; Directorate Identifier 2120-AA64) received September 1, 2010, pursu- Protection Agency, transmitting the Depart- 2010-SW-071-AD; Amendment 39-16397; AD ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment’s final rule — Approval and Promulga- 2010-15-51] (RIN: 2120-AA64) received August on Transportation and Infrastructure. tion of Air Quality Implementation Plans; 24, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 9720. A letter from the Senior Program An- Maryland; Withdrawal of Direct Final Rule the Committee on Transportation and Infra- alyst, Department of Transportation, trans- [EPA-R03-OAR-2010-0431; FRL-9197-5] re- structure. mitting the Department’s final rule — Estab- ceived September 2, 2010, pursuant to 5 9712. A letter from the Program Analyst, lishment of Restricted Area R-3405; Sullivan, U.S.C. 801(a)(1)(A); to the Committee on En- Department of Homeland Security, transmit- IN [Docket No.: FAA-2007-28633; Airspace Docket No. 07-ASW-7] received August 24, ergy and Commerce. ting the Department’s final rule — Air- 9701. A letter from the Secretary, Depart- worthiness Directives; PILATUS AIRCRAFT 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of the Treasury, transmitting a six- LTD. Model PC-12/47E Airplanes [Docket No.: Committee on Transportation and Infra- month periodic report on the National Emer- FAA-2010-0583; Directorate Identifier 2010- structure. 9721. A letter from the Senior Program An- gency with respect to persons who commit, CE-028-AD; Amendment 39-16401; AD 2010-17- alyst, Department of Transportation, trans- threaten to commit, or support terrorism 09] (RIN: 2120-AA64) received August 24, 2010, mitting the Department’s final rule — that was declared in Executive Order 13224 of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Standard Instrument Approach Procedures, September 23, 2001, pursuant to 50 U.S.C. mittee on Transportation and Infrastruc- and Takeoff Minimums and Obstacle Depar- ture. 1641(c); to the Committee on Foreign Affairs. ture Procedures; Miscellaneous Amendments 9702. A letter from the Assistant Secretary, 9713. A letter from the Program Analyst, [Docket No.: 30738; Amdt. No. 3386] received Legislative Affairs, Department of State, Department of Transportation, transmitting September 1, 2010, pursuant to 5 U.S.C. transmitting notification that effective Au- the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- gust 1, 2010, the danger pay allowance for the Directives; McDonnell Douglas Corporation tation and Infrastructure. Cote D’Ivoire has been eliminated, pursuant Model MD-90-30 Airplanes [Docket No.: FAA- 9722. A letter from the Senior Program An- to 5 U.S.C. 5928; to the Committee on For- 2010-0433; Directorate Identifier 2009-NM-117- alyst, Department of Transportation, trans- eign Affairs. AD; Amendment 39-16388; AD 2010-16-11] (RIN: mitting the Department’s final rule — 9703. A letter from the Acting Deputy Di- 2120-AA64) received August 24, 2010, pursuant Standard Instrument Approach Procedures, rector, Defense Security Cooperation Agen- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Takeoff Minimums and Obstacle Depar- cy, transmitting Transmittal No. 10-28, pur- Transportation and Infrastructure. ture Procedures; Miscellaneous Amendments suant to the reporting requirements of Sec- 9714. A letter from the Program Analyst, [Docket No.: 30739; Amdt. No. 3387] received tion 36(b)(1) of the Arms Export Control Act, Department of Transportation, transmitting September 1, 2010, pursuant to 5 U.S.C. as amended; to the Committee on Foreign the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- Affairs. Directives; Pratt & Whitney Canada Corp. tation and Infrastructure. 9704. A letter from the Director, Inter- PW617F-E Turbofan Engines [Docket No.: 9723. A letter from the Senior Program An- national Cooperation, Department of De- FAA-2010-0246; Directorate Identifier 2010- alyst, Department of Transportation, trans- fense, transmitting Pursuant to Section 27(f) NE-16-AD; Amendment 39-16391; AD 2010-17- mitting the Department’s final rule — of the Arms Export Control Act and Section 01] (RIN: 2120-AA64) received September 1, Amendment of Colored Federal Airway B-38; 1(f) of Executive Order 11958, Transmittal No. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Alaska [Docket No.: FAA-2010-0365; Airspace 10-12 informing of an intent to sign a Memo- Committee on Transportation and Infra- Docket No. 10-AAL-12] (RIN: 2120-AA66) re- randum of Understanding with Canada; to structure. ceived September 1, 2010, pursuant to 5 the Committee on Foreign Affairs. 9715. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on 9705. A letter from the Assistant Legal Ad- Department of Transportation, transmitting Transportation and Infrastructure. visor for Treaty Affairs, Department of the Department’s final rule — Airworthiness 9724. A letter from the senior Program An- State, transmitting report prepared by the Directives; Pratt & Whitney Canada Corp. alyst, Department of Transportation, trans- Department of State concerning inter- (P&WC) PW615F-A Turbofan Engines [Docket mitting the Department’s final rule — Air- national agreements other than treaties en- No.: FAA-2010-0245; Directorate Identifier worthiness Directives; Aircraft Industries tered into by the United States to be trans- 2010-NE-15-AD; Amendment 39-16398; AD 2010- a.s. (Type Certificate G24EU Previously Held mitted to the Congress within the sixty-day 17-06] (RIN: 2120-AA64) received September 1, by LETECKE ZAVODY a.s. and LET Aero- period specified in the Case-Zablocki Act; to 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the nautical Works) Model L-13 Blanik Gliders the Committee on Foreign Affairs. Committee on Transportation and Infra- [Docket No.: FAA-2010-0839; Directorate 9706. A letter from the Assistant Secretary, structure. Identifier 2010-CE-042-AD; Amendment 39- Legislative Affairs, Department of State, 9716. A letter from the Program Analyst, 16418; AD 2010-18-05] (RIN: 2120-AA64) received transmitting a copy of the intention to obli- Department of Transportation, transmitting September 1, 2010, pursuant to 5 U.S.C. gate Fiscal Year 2010 Economic Support the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- Funds (ESF) on behalf of the Bureau of East Directives; Rolls-Royce Deutschland Ltd. & tation and Infrastructure. Asian and Pacific Affairs; to the Committee Co. KG. (RRD) Models Tay 650-15 and Tay 9725. A letter from the Senior Program An- on Foreign Affairs. 651-54 Turbofan Engines [Docket No.: FAA- alyst, Department of Transportation, trans- 9707. A letter from the Assistant Secretary, 2007-0037; Directorate Identifier 2007-NE-41- mitting the Department’s final rule — Re- Legislative Affairs, Department of State, AD; Amendment 39-16404; AD 2010-17-12] (RIN: Registration and Renewal of Aircraft Reg- transmitting the Department’s annual re- 2120-AA64) received September 1, 2010, pursu- istration; OMB Approval of Information Col- port on the extent and disposition of United ant to 5 U.S.C. 801(a)(1)(A); to the Committee lection [Docket No.: FAA-2008-0118; Amdt. States contributions to international organi- on Transportation and Infrastructure. Nos. 13-34, 47-29, 91-318] (RIN: 2120-AI89) re- zations for fiscal year 2009, pursuant to 22 9717. A letter from the Program Analyst, ceived September 1, 2010, pursuant to 5 U.S.C. 287b(b); to the Committee on Foreign Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on Affairs. the Department’s final rule — Airworthiness Transportation and Infrastructure.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\L28SE7.000 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE September 28, 2010 CONGRESSIONAL RECORD — HOUSE H7209 9726. A letter from the Senior Program An- 0278; Directorate Identifier 2009-NM-255-AD; ment’s final rule — Pipeline Safety: Periodic alyst, Department of Transportation, trans- Amendment 39-16399; AD 2010-17-07] (RIN: Updates of Regulatory References to Tech- mitting the Department’s final rule — 2120-AA64) received August 24, 2010, pursuant nical Standards and Miscellaneous Edits Amendment of the Pacific High and Low Off- to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No.: PHMSA-2008-0301; Amdt. Nos. shore Airspace Areas; California [Docket Transportation and Infrastructure. 192-114; 193-22; 195-94) (RIN: 2137-AE41) re- No.: FAA-2010-0187; Airspace Docket No. 09- 9735. A letter from the Program Analyst, ceived August 24, 2010, pursuant to 5 U.S.C. AWP-10] (RIN: 2120-AA66) September 1, 2010, Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Airworthiness tation and Infrastructure. mittee on Transportation and Infrastruc- Directives; Various Aircraft Equipped with 9743. A letter from the Director, Regu- ture. Rotax Aircraft Engines 912 A Series Engines latory Management Division, Environmental 9727. A letter from the Program Analyst, [Docket No.: FAA-2010-0329; Directorate Protection Agency, transmitting the Depart- Department of Transportation, transmitting Identifier 2010-CE-016-AD; Amendment 39- ment’s final rule — Ocean Dumping; Guam the Department’s final rule — Airworthiness 16400; AD 2010-17-08] (RIN: 2120-AA64) received Ocean Dredged Material Disposal Site Des- Directives; Airbus Model A330-201, -202, -203, August 24, 2010, pursuant to 5 U.S.C. ignation [FRL-9197-6] received September 2, -223, -243, -301, -302, -303, -321, -322, -323, -341, 801(a)(1)(A); to the Committee on Transpor- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the -342, and -343 Airplanes, Model A340-211, -212, tation and Infrastructure. Committee on Transportation and Infra- -213, -311, -312, and -313 Airplanes, and Model 9736. A letter from the Program Analyst, structure. A340-541 and -642 Airplanes [Docket No.: Department of Transportation, transmitting 9744. A letter from the Administrator, En- FAA-2010-0041; Directorate Identifier 2009- the Department’s final rule — Airworthiness vironmental Protection Agency, transmit- NM-218-AD; Amendment 39-16392; AD 2010-17- Directives; Eurocopter France (Eurocopter) ting the Agency’s report entitled, ‘‘Report to 02] (RIN: 2120-AA64) received August 24, 2010, Model AS350B, BA, B1, B2, C, D, and D1 Heli- Congress: Study of Discharges Incidental to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- copters and Model AS355E, F, F1, F2, and N Normal Operation of Commercial Fishing mittee on Transportation and Infrastruc- Helicopters [Docket No.: FAA-2010-0782; Di- Vessels and Other Non-Recreational Vessels ture. rectorate Identifier 2010-SW-053-AD; Amend- Less than 79 Feet’’; to the Committee on 9728. A letter from the Program Analyst, ment 39-16396; AD 2010-11-51] (RIN: 2120-AA64) Transportation and Infrastructure. Department of Transportation, transmitting received August 24, 2010, pursuant to 5 U.S.C. 9745. A letter from the Director, Regula- the Department’s final rule — Airworthiness 801(a)(1)(A); to the Committee on Transpor- tions Policy and Management, Office of the Directives; The Boeing Company Model 767- tation and Infrastructure. General Counsel, Department of Veterans Af- 300 Series Airplanes [Docket No.: FAA-2010- 9737. A letter from the Senior Program An- fairs, transmitting the Department’s final 0762; Directorate Identifier 2010-NM-011-AD; alyst, Department of Transportation, trans- rule — Disenrollment procedures (RIN: 2900- Amendment 39-16393; AD 2010-17-03] (RIN: mitting the Department’s final rule — AN76) received September 1, 2010, pursuant 2120-AA64) received August 24, 2010, pursuant Amendment and Establishment of Restricted to 5 U.S.C. 801(a)(1)(A); to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Areas and Other Special Use Airspace, Avon Veterans’ Affairs. Transportation and Infrastructure. Park Air Force Range, FL [Docket No.: 9746. A letter from the Commissioner, So- 9729. A letter from the Program Analyst, FAA-2008-1261; Airspace Docket No. 06-ASO- cial Security Administration, transmitting Department of Transportation, transmitting 18] received August 24, 2010, pursuant to 5 the Administration’s Fourteenth 2010 Annual the Department’s final rule — Airworthiness U.S.C. 801(a)(1)(A); to the Committee on Report of the Supplemental Security Income Directives; Rolls-Royce plc RB211-524C2 Se- Transportation and Infrastructure. Program, pursuant to Public Law 104-193, 9738. A letter from the Senior Program An- ries Turbofan Engines [Docket No.: FAA- section 231 (110 Stat. 2197); to the Committee alyst, Department of Transportation, trans- 2010-0521; Directorate Identifier 2009-NE-21- on Ways and Means. AD; Amendment 39-16405; AD 2010-17-13] (RIN: mitting the Department’s final rule — Air- 9747. A letter from the Chief, Trade and 2120-AA64) received August 24, 2010, pursuant worthiness Directives; Ontic Engineering Commercial Regulations Branch, Depart- to 5 U.S.C. 801(a)(1)(A); to the Committee on and Manufacturing, Inc. Propeller Gov- ment of Homeland Security, transmitting Transportation and Infrastructure. ernors, Part Numbers C210776, T210761, the Department’s final rule — Customs 9730. A letter from the Program Analyst, D210760, and J21076 [Docket No.: FAA-2010- Broker License Examination Individual Eli- Department of Transportation, transmitting 0102; Directorate Identifier 2010-NE-09-AD; gibility Requirements [RIN: 1651-AA74) re- the Department’s final rule — Airworthiness Amendment 39-16341; AD 2010-13-10] (RIN: ceived August 24, 2010, pursuant to 5 U.S.C. Directives; Airbus Model A380-800 Series Air- 2120-AA64) received August 24, 2010, pursuant 801(a)(1)(A); to the Committee on Ways and planes [Docket No.: FAA-2010-0763; Direc- to 5 U.S.C. 801(a)(1)(A); to the Committee on Means. torate Identifier 2009-NM-253-AD; Amend- Transportation and Infrastructure. ment 39-16394; AD 2010-17-04] (RIN: 2120-AA64) 9739. A letter from the Senior Program An- 9748. A letter from the Chief, Trade and received August 24, 2010, pursuant to 5 U.S.C. alyst, Department of Transportation, trans- Commercial Regulations Branch, Depart- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- ment of Homeland Security, transmitting tation and Infrastructure. worthiness Directives; BAE SYSTEMS (OP- the Department’s final rule — Technical Cor- 9731. A letter from the Program Analyst, ERATIONS) LIMITED Model Avro 146-RJ rections To Customs and Border Protection Department of Transportation, transmitting and BAe 146 Airplanes [Docket No.: FAA- Regulations [CBP Dec. 10-29] received August the Department’s final rule — Airworthiness 2010-0222; Directorate Identifier 2008-NM-012- 24, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Directives; The Boeing Company Model 737- AD; Amendment 39-16387; AD 2010-16-10] (RIN: the Committee on Ways and Means. 600, -700, -700C, -800, and -900 Series Airplanes 2120-AA64) received August 24, 2010, pursuant 9749. A letter from the Chief, Trade and [Docket No.: FAA-2008-0269; Directorate to 5 U.S.C. 801(a)(1)(A); to the Committee on Commericial Regulations Branch, Depart- Identifier 2007-NM-320-AD; Amendment 39- Transportation and Infrastructure. ment of Homeland Security, transmitting 16395; AD 2010-17-05] (RIN: 2120-AA64) received 9740. A letter from the Senior Program An- the Department’s final rule — Entry Re- August 24, 2010, pursuant to 5 U.S.C. alyst, Department of Transportation, trans- quirements For Certain Softwood Lumber 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- Products Exported From Any Country Into tation and Infrastructure. worthiness Directives; Rolls-Royce plc (RR) the United States (RIN: 1505-AB98) received 9732. A letter from the Senior Program An- RB211-Trent 900 Series Turbofan Engines August 24, 2010, pursuant to 5 U.S.C. alyst, Department of Transportation, trans- [Docket No.: FAA-2010-0748; Directorate 801(a)(1)(A); to the Committee on Ways and mitting the Department’s final rule — Ma- Identifier 2010-NE-13-AD; Amendment 39- Means. neuvering Speed Limitation Statement 16384; AD 2010-16-07] (RIN: 2120-AA64) received 9750. A letter from the Chief, Publications [Docket No.: FAA-2009-0810; Amendment No. August 24, 2010, pursuant to 5 U.S.C. and Regulations, Internal Revenue Service, 25-130] (RIN: 2120-AJ21) received August 24, 801(a)(1)(A); to the Committee on Transpor- transmitting the Service’s final rule — An- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the tation and Infrastructure. nouncement of the Results of 2009-10 Alloca- Committee on Transportation and Infra- 9741. A letter from the Senior Program An- tion Round of the Qualifying Advanced Coal structure. alyst, Department of Transportation, trans- Project Program and the Qualifying Gasifi- 9733. A letter from the Senior Regulations mitting the Department’s final rule — Air- cation Project Program [CASE-MIS Number: Analyst, Department of Transportation, worthiness Directives; Airbus Model A300 B4- ANN-132462-10] (Announcement 2010-56) re- transmitting the Department’s final rule — 600, B4-600R, and F4-600R Series Airplanes, ceived September 7, 2010, pursuant to 5 Procedures for Transportation Workplace and Model C4-605R Variant F airplanes (Col- U.S.C. 801(a)(1)(A); to the Committee on Drug and Alcohol Testing Programs [Docket: lectively Called A300-600 series airplanes); Ways and Means. OST-2010-0026] (RIN: 2105-AD95) received Au- and A310 Series Airplanes [Docket No.: FAA- 9751. A letter from the Chief, Publications gust 24, 2010, pursuant to 5 U.S.C. 2010-0281; Directorate Identifier 2009-NM-184- and Regulations, Internal Revenue Service, 801(a)(1)(A); to the Committee on Transpor- AD; Amendment 39-16390; AD 2010-16-13] (RIN: transmitting the Service’s final rule — No- tation and Infrastructure. 2120-AA64) received August 24, 2010, pursuant tice and Request for Comments Regarding 9734. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on Implementation of Information Reporting Department of Transportation, transmitting Transportation and Infrastructure. and Withholding Under Chapter 4 of the Code the Department’s final rule — Airworthiness 9742. A letter from the Assistant Chief [Notice 2010-60] received September 2, 2010, Directives; Airbus Model A330-223, -321, -322, Counsel for Pipeline Safety, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and -323 Airplanes [Docket No.: FAA-2010- Transportation, transmitting the Depart- mittee on Ways and Means.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\L28SE7.000 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE H7210 CONGRESSIONAL RECORD — HOUSE September 28, 2010 9752. A letter from the Chairman, Federal disability claim system, and for other pur- Mr. WAXMAN: Committee on Energy and Energy Regulatory Commission, transmit- poses; with an amendment (Rept. 111–630). Commerce. H.R. 2818. A bill to amend the ting the Commission’s tenth report describ- Referred to the Committee of the Whole Public Health Service Act to provide for the ing the progress made in licensing and con- House on the State of the Union. establishment of a drug-free workplace infor- structing the Alaska natural gas pipeline Mr. WAXMAN: Committee on Energy and mation clearinghouse, to support residential and describing any issue impeding that Commerce. H.R. 2408. A bill to expand the re- methamphetamine treatment programs for progress; jointly to the Committees on En- search and awareness activities of the Na- pregnant and parenting women, to improve ergy and Commerce and Transportation and tional Institute of Arthritis and Musculo- the prevention and treatment of meth- Infrastructure. skeletal and Skin Diseases and the Centers amphetamine addiction, and for other pur- 9753. A letter from the Program Manager, for Disease Control and Prevention with re- poses; with an amendment (Rept. 111–641). Department of Health and Human Services, spect to scleroderma, and for other purposes; Referred to the Committee of the Whole transmitting the Department’s final rule — with an amendment (Rept. 111–631). Referred House on the State of the Union. Medicare Program; Establishing Additional to the Committee of the Whole House on the Mr. WAXMAN: Committee on Energy and Medicare Durable Medical Equipment, Pros- State of the Union. Commerce. H.R. 5462. A bill to authorize the thetics, Orthotics, and Supplies (DMEPOS) Mr. WAXMAN: Committee of Energy and Secretary of Health and Human Services, Supplier Enrollment Safeguards [CMS-6063- Commerce. H.R. 1347. A bill to amend title acting through the Director of the Centers F] (RIN: 0938-AO90) received August 30, 2010, III of the Public Health Service Act to pro- for Disease Control and Prevention, to estab- pursuant to 5 U.S.C. 801(a)(1)(A); jointly to vide for the establishment and implementa- lish and implement a birth defects preven- the Committees on Ways and Means and En- tion of concussion management guidelines tion, risk reduction, and public awareness ergy and Commerce. with respect to school-aged children, and for program; with amendment (Rept. 111–642). other purposes; with amendments (Rept. 111– Referred to the Committee of the Whole f 632). Referred to the Committee of the Whole House on the State of the Union. House on the State of the Union. Mr. WAXMAN: Committee on Energy and REPORTS OF COMMITTEES ON Mr. WAXMAN: Committee of Energy and PUBLIC BILLS AND RESOLUTIONS Commerce. H.R. 5354. A bill to establish an Commerce. H.R. 6081. A bill to amend the Stem Cell Therapeutic and Research Act of Under clause 2 of rule XIII, reports of Advisory Committee on Gestational Diabe- tes, to provide grants to better understand 2005; with an amendment (Rept. 111–643). Re- committees were delivered to the Clerk ferred to the Committee of the Whole House for printing and reference to the proper and reduce gestational diabetes, and for other purposes; with amendments (Rept. 111– on the State of the Union. calendar, as follows: 633). Referred to the Committee of the Whole Mr. GORDON of Tennessee: Committee on Mr. FILNER: Committee on Veterans’ Af- House on the State of the Union. Science and Technology. H.R. 6160. A bill to fairs. H.R. 3685. A bill to require the Sec- Mr. WAXMAN: Committee on Energy and develop a rare earth materials program, to retary of Veterans Affairs to include on the Commerce. H.R. 2999. A bill to amend the amend the National Materials and Minerals main page of the Internet website of the De- Public Health Service Act to enhance and in- Policy, Research and Development Act of partment of Veterans Affairs a hyperlink to crease the number of veterinarians trained 1980, and for other purposes; with an amend- the VetSuccess Internet website and to pub- in veterinary public health; with an amend- ment (Rept. 111–644). Referred to the Com- licize such Internet website (Rept. 111–624). ment (Rept. 111–634). Referred to the Com- mittee of the Whole House on the State of Referred to the Committee of the Whole mittee of the Whole House on the State of the Union. House on the State of the Union. the Union. Mr. OBERSTAR: Committee on Transpor- Mr. FILNER: Committee on Veterans’ Af- Mr. WAXMAN: Committee on Energy and tation and Infrastructure. H.R. 305. A bill to fairs. H.R. 3787. A bill to amend title 38, Commerce. H.R. 2941. A bill to reauthorize amend title 49, United States Code, to pro- United States Code, to deem certain service and enhance Johanna’s Law to increase pub- hibit the transportation of horses in inter- in the reserve components as active service lic awareness and knowledge with respect to state transportation in a motor vehicle con- for purposes of laws administered by the Sec- gynecologic cancers; with an amendment taining 2 or more levels stacked on top of retary of Veterans Affairs; with an amend- (Rept. 111–635). Referred to the Committee of one another (Rept. 111–645). Referred to the ment (Rept. 111–625). Referred to the Com- the Whole House on the State of the Union. Committee of the Whole House of the State mittee of the Whole House on the State of Mr. WAXMAN: Committee on Energy and of the Union. the Union. Commerce. H.R. 1362. A bill to amend the Mr. LEVIN: Committee on Ways and Mr. FILNER: Committee on Veterans’ Af- Public Health Service Act to provide for the Means. H.R. 2378. A bill to amend title VII of fairs. H.R. 5360. A bill to amend title 38, establishment of permanent national sur- the Tariff Act of 1930 to clarify that funda- United States Code, to modify the standard veillance systems for multiple schlerosis, mental exchange-rate misalignment by any of visual acuity required for eligibility for Parkinson’s disease, and other neurological foreign nation is actionable under United specially adapted housing assistance pro- diseases and disorders; with an amendment States countervailing and antidumping duty vided by the Secretary of Veterans Affairs; (Rept. 111–636). Referred to the Committee of laws, and for other purposes; with an amend- the Whole House on the State of the Union. with an amendment (Rept. 111–626). Referred ment (Rept. 111–646). Referred to the Com- Mr. WAXMAN: Committee on Energy and to the Committee of the Whole House on the mittee of the Whole House on the State of Commerce. H.R. 1230. A bill to amend the the Union. State of the Union. Public Health Service Act to provide for the Mr. FILNER: Committee on Veterans’ Af- Mr. WAXMAN: Committee on Energy and establishment of a National Acquired Bone Commerce. H.R. 903. A bill to amend the fairs. H.R. 5630. A bill to amend title 38, Marrow Failure Disease Registry, to author- United States Code, to provide for qualifica- Public Health Service Act to enhance the ize research on acquired bone marrow failure roles of dentists and allied dental personnel tions for vocational rehabilitation coun- diseases, and for other purposes; with amend- selors and vocational rehabilitation employ- in the Nation’s disaster response framework, ments (Rept. 111–637). Referred to the Com- and for other purposes; with an amendment ment coordinators employed by the Depart- mittee of the Whole House on the State of ment of Veterans Affairs (Rept. 111–627). Re- (Rept. 111–647). Referred to the Committee of the Union. the Whole House on the State of the Union. ferred to the Committee of the Whole House Mr. WAXMAN: Committee on Energy and on the State of the Union. Commerce. H.R. 1210. A bill to amend the f Mr. FILNER: Committee on Veterans’ Af- Public Health Service Act to provide for ar- fairs. H.R. 5993. A bill to amend title 38, thritis research and public health, and for PUBLIC BILLS AND RESOLUTIONS United States Code, to ensure that bene- other purposes; with an amendment (Rept. Under clause 2 of rule XII, public ficiaries of Servicemembers’ Group Life In- 111–638). Referred to the Committee of the bills and resolutions of the following surance receive financial counseling and dis- Whole House on the State of the Union. titles were introduced and severally re- closure information regarding life insurance Mr. WAXMAN: Committee on Energy and payment, and for other purposes; with an Commerce. H.R. 1032. A bill to amend the ferred, as follows: amendment (Rept. 111–628). Referred to the Federal Food, Drug, and Cosmetic Act and By Mr. CARDOZA (for himself, Mr. Committee of the Whole House on the State the Public Health Service Act to improve the LARSON of Connecticut, Ms. of the Union. prevention, diagnosis, and treatment of DELAURO, Mr. GEORGE MILLER of Mr. FRANK of Massachusetts: Committee heart disease, stroke, and other cardio- California, Ms. ESHOO, Mr. KAGEN, on Financial Services. H.R. 3421. A bill to ex- vascular diseases in women; with amend- Mr. GARAMENDI, Mr. WELCH, Ms. CAS- clude from consumer credit reports medical ments (Rept. 111–639). Referred to the Com- TOR of Florida, Ms. BERKLEY, Mr. debt that has been in collection and has been mittee of the Whole House on the State of BACA, Mr. HASTINGS of Florida, Mr. fully paid or settled, and for other purposes; the Union. COSTA, Ms. WASSERMAN SCHULTZ, Mr. with an amendment (Rept. 111–629). Referred Mr. WAXMAN: Committee on Energy and MCNERNEY, Ms. GIFFORDS, and Mr. to the Committee of the Whole House on the Commerce. H.R. 758. A bill to amend title IV SIRES): State of the Union. of the Public Health Service Act to provide H.R. 6218. A bill to prevent foreclosure of Mr. FILNER: Committee on Veterans’ af- for the establishment of pediatric research home mortgages and provide for the afford- fairs. H.R. 6132. A bill to amend title 38, consortia; with an amendment (Rept. 111– able refinancing of mortgages held by Fannie United States Code, to establish a transition 640). Referred to the Committee of the Whole Mae and Freddie Mac; to the Committee on program for new veterans, to improve the House on the State of the Union. Financial Services.

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By Mr. FRANK of Massachusetts: By Ms. CHU (for herself, Mr. LOEBSACK, By Mr. THOMPSON of California (for H.R. 6219. A bill to amend the Small Busi- and Ms. SHEA-PORTER): himself, Mr. BACA, Mr. BECERRA, Mr. ness Jobs Act of 2010 to enhance the provi- H.R. 6229. A bill to strengthen student BERMAN, Mr. BILBRAY, Mrs. BONO sions of the Small Business Lending Fund achievement and graduation rates and pre- MACK, Mr. CALVERT, Mr. CAMPBELL, Program, to amend the Small Business In- pare young people for college, careers, and Mrs. CAPPS, Mr. CARDOZA, Ms. CHU, vestment Act of 1958 to create a Small Busi- citizenship through innovative partnerships Mr. COSTA, Mrs. DAVIS of California, ness Early-Stage Investment Program, and that meet the comprehensive needs of chil- Mr. DREIER, Ms. ESHOO, Mr. FARR, to create the Small Business Borrower As- dren and youth; to the Committee on Edu- Mr. FILNER, Mr. GALLEGLY, Mr. sistance Program; to the Committee on Fi- cation and Labor, and in addition to the GARAMENDI, Ms. HARMAN, Mr. nancial Services. Committee on Energy and Commerce, for a HERGER, Mr. HONDA, Mr. HUNTER, Mr. By Ms. PINGREE of Maine: period to be subsequently determined by the ISSA, Ms. LEE of California, Mr. H.R. 6220. A bill to amend title 38, United Speaker, in each case for consideration of LEWIS of California, Ms. ZOE LOFGREN States Code, to ensure that the Secretary of such provisions as fall within the jurisdic- of California, Mr. DANIEL E. LUNGREN tion of the committee concerned. Veterans Affairs provides veterans with in- of California, Mr. MCKEON, Ms. MAT- By Mr. DRIEHAUS: formation concerning service-connected dis- SUI, Mr. MCCARTHY of California, Mr. H.R. 6230. A bill to amend title 37, United abilities at health care facilities; to the MCCLINTOCK, Mr. MCNERNEY, Mr. States Code, to exclude bonus payments Committee on Veterans’ Affairs. GARY G. MILLER of California, Mr. made by a State or political subdivision By Mr. YOUNG of Alaska: GEORGE MILLER of California, Mrs. H.R. 6221. A bill to authorize the Secretary thereof to a member of the Armed Forces, in- NAPOLITANO, Mr. RADANOVICH, Ms. of the Interior to issue permits for a cluding a reserve component member, on ac- RICHARDSON, Mr. ROHRABACHER, Ms. microhydro project in nonwilderness areas count of the service of the member in the ROYBAL-ALLARD, Mr. ROYCE, Ms. within the boundaries of Denali National Armed Forces from consideration in deter- LINDA T. SA´ NCHEZ of California, Ms. Park and Preserve, to acquire land for mining the eligibility of the member (or the LORETTA SANCHEZ of California, Mr. Denali National Park and Preserve from member’s spouse or family) for benefits or SCHIFF, Mr. SHERMAN, Ms. SPEIER, Doyon Tourism, Inc., and for other purposes; assistance, or the amount or extent of bene- Mr. STARK, Ms. WATERS, Ms. WATSON, to the Committee on Natural Resources. fits or assistance, under any Federal pro- Mr. WAXMAN, Ms. WOOLSEY, Mr. By Mr. MCGOVERN: gram or under any State or local program fi- H.R. 6222. A bill to establish the National nanced in whole or in part with Federal NUNES, and Ms. PELOSI): H.R. 6237. A bill to designate the facility of Competition for Community Renewal to en- funds; to the Committee on Armed Services. the United States Postal Service located at courage communities to adopt innovative By Ms. GIFFORDS (for herself and Mr. 1351 2nd Street in Napa, California, as the strategies and design principles to programs MANZULLO): ‘‘Tom Kongsgaard Post Office Building’’; to related to poverty prevention, recovery and H.R. 6231. A bill to amend the Export En- the Committee on Oversight and Govern- response, and for other purposes; to the Com- hancement Act of 1988 to further enhance the ment Reform. mittee on Ways and Means, and in addition promotion of exports of United States goods to the Committees on Education and Labor, and services, and for other purposes; to the By Mr. TONKO: H.R. 6238. A bill to direct the Secretary of and Energy and Commerce, for a period to be Committee on Foreign Affairs. Veterans Affairs to establish a registry of subsequently determined by the Speaker, in By Mr. HASTINGS of Florida (for him- certain veterans who were stationed at Fort each case for consideration of such provi- self, Mr. RANGEL, Mr. JACKSON of Illi- McClellan, Alabama, and for other purposes; sions as fall within the jurisdiction of the nois, Ms. NORTON, Ms. FUDGE, Ms. to the Committee on Veterans’ Affairs, and committee concerned. CORRINE BROWN of Florida, and Ms. in addition to the Committee on Armed By Mr. YOUNG of Alaska: CLARKE): Services, for a period to be subsequently de- H.R. 6223. A bill to establish a Congres- H.R. 6232. A bill to establish a scholarship termined by the Speaker, in each case for sional Office of Regulatory Analysis, to re- program in the Department of State for Hai- consideration of such provisions as fall with- quire the periodic review and automatic ter- tian students whose studies were interrupted in the jurisdiction of the committee con- mination of Federal regulations, and for as a result of the January 12, 2010, earth- cerned. other purposes; to the Committee on the Ju- quake, and for other purposes; to the Com- diciary, and in addition to the Committee on mittee on Foreign Affairs. By Mr. BARTON of Texas: H. Con. Res. 320. Concurrent resolution rec- Oversight and Government Reform, for a pe- By Ms. HERSETH SANDLIN (for her- ognizing the 45th anniversary of the White riod to be subsequently determined by the self, Mr. KILDEE, Mr. COLE, and Mr. House Fellows program; to the Committee Speaker, in each case for consideration of YOUNG of Alaska): on Oversight and Government Reform. such provisions as fall within the jurisdic- H.R. 6233. A bill to establish a Native By Mr. BILBRAY (for himself, Mr. tion of the committee concerned. American entrepreneurial development pro- OLSON, Mrs. MCMORRIS RODGERS, and By Mrs. CAPPS (for herself and Mr. gram in the Small Business Administration; to the Committee on Small Business. Mr. BAIRD): PALLONE): H. Res. 1660. A resolution expressing sup- H.R. 6224. A bill to modernize cancer re- By Ms. HERSETH SANDLIN (for her- port for the goals and ideals of the inaugural search, increase access to preventative can- self and Mr. HINCHEY): USA Science & Engineering Festival in cer services, provide cancer treatment and H.R. 6234. A bill to amend the Internal Rev- Washington, D.C., and for other purposes; to survivorship initiatives, and for other pur- enue Code of 1986 to allow individuals a de- the Committee on Science and Technology. poses; to the Committee on Energy and Com- duction for qualified long-term care insur- considered and agreed to. considered and merce, and in addition to the Committee on ance premiums, a credit for individuals who agreed to. Ways and Means, for a period to be subse- care for those with long-term care needs, and quently determined by the Speaker, in each for other purposes; to the Committee on By Mr. PITTS (for himself, Mr. case for consideration of such provisions as Ways and Means. SALAZAR, Mr. TONKO, Mr. GOODLATTE, fall within the jurisdiction of the committee By Mr. MCMAHON (for himself, Mr. Mr. BOEHNER, Ms. ROS-LEHTINEN, Mr. concerned. HOYER, Mr. CUMMINGS, Mr. HALL of LARSEN of Washington, Mr. JORDAN By Mr. PAULSEN: New York, Mr. PATRICK J. MURPHY of of Ohio, Mr. WOLF, Mr. WHITFIELD, H.R. 6225. A bill to amend the Emergency Pennsylvania, Mrs. MALONEY, Ms. Ms. GIFFORDS, Mr. WILSON of South Economic Stabilization Act of 2008 to termi- BORDALLO, Mrs. CHRISTENSEN, Mr. Carolina, Mr. THOMPSON of Pennsyl- nate authority under the Troubled Asset Re- FALEOMAVAEGA, and Mr. PIERLUISI): vania, Mr. POSEY, Mr. WALDEN, Mr. lief Program; to the Committee on Financial H.R. 6235. A bill to encourage, enhance, and LEWIS of California, Mrs. MYRICK, Mr. Services. integrate Blue Alert plans throughout the DUNCAN, Mr. PLATTS, Mr. BILIRAKIS, By Mr. FOSTER: United States in order to disseminate infor- Mr. LAMBORN, Mr. DICKS, Mr. INGLIS, H.R. 6226. A bill to amend the Small Busi- mation when a law enforcement officer is se- Mr. SHUSTER, Mr. BARTLETT, Mr. TIM ness Act to permit agencies to count certain riously injured or killed in the line of duty; MURPHY of Pennsylvania, Mr. GER- contracts toward contracting goals; to the to the Committee on the Judiciary. LACH, Mr. ROSKAM, Mr. DENT, Mr. Committee on Small Business. By Mr. SCHIFF: GARAMENDI, Mr. MANZULLO, Mr. By Mr. BILIRAKIS (for himself and Mr. H.R. 6236. A bill to require Federal agen- MCCAUL, Mr. ROYCE, Mr. MACK, Mr. MILLER of Florida): cies, and persons engaged in interstate com- POE of Texas, Mr. BOOZMAN, and Mr. H.R. 6227. A bill to establish a temporary merce, in possession of data containing sen- BURTON of Indiana): prohibition on termination of coverage under sitive personally identifiable information, to H. Res. 1661. A resolution honoring the the TRICARE program for age of dependents disclose any breach of such information; to lives of the brave and selfless humanitarian under the age of 26 years; to the Committee the Committee on Energy and Commerce, aid workers, doctors, and nurses who died in on Armed Services. and in addition to the Committees on Over- the tragic attack of August 5, 2010, in north- By Mr. BURGESS: sight and Government Reform, Financial ern Afghanistan; to the Committee on For- H.R. 6228. A bill to repeal certain amend- Services, and the Judiciary, for a period to eign Affairs. considered and agreed to. con- ments to the Clean Air Act relating to the be subsequently determined by the Speaker, sidered and agreed to. expansion of the renewable fuel program, and in each case for consideration of such provi- By Mr. MACK (for himself, Mr. ENGEL, for other purposes; to the Committee on En- sions as fall within the jurisdiction of the Mr. BURTON of Indiana, Mr. BILI- ergy and Commerce. committee concerned. RAKIS, Mr. PAYNE, Ms. JACKSON LEE

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of Texas, Mr. FALEOMAVAEGA, Mr. HALL of New York, Mr. HODES, Ms. ship wine directly to consumers without dis- BERMAN, Ms. ROS-LEHTINEN, and Mr. LEE of California, Ms. SUTTON, and crimination between in-state and out-of- SMITH of New Jersey): Mr. CUMMINGS): state wine producers; to the Committee on H. Res. 1662. A resolution expressing sup- H. Res. 1670. A resolution expressing the the Judiciary. port for the 33 trapped Chilean miners fol- sense of the House of Representatives with 390. Also, a memorial of the General As- lowing the Copiapo mining disaster and the respect to legislation relating to raising the sembly of the State of New Jersey, relative Government of Chile as it works to rescue retirement age under title II of the Social to Assembly Resolution No. 54 urging the the miners and reunite them with their fami- Security Act; to the Committee on Ways and Port Authority of New York and New Jersey lies; to the Committee on Foreign Affairs. Means. to formulate an engineering solution to the considered and agreed to. considered and By Mr. MCDERMOTT (for himself, Mr. impasse at Bayonne Bridge; to the Com- agreed to. DICKS, Mr. INSLEE, Mr. BAIRD, and mittee on Transportation and Infrastruc- By Ms. FUDGE (for herself and Mr. Mr. LARSEN of Washington): ture. DAVIS of Illinois): H. Res. 1671. A resolution congratulating 391. Also, a memorial of the General As- H. Res. 1663. A resolution supporting the the Seattle Storm for their remarkable sea- sembly of the State of California, relative to goals and ideals of Sickle Cell Disease son and winning the 2010 Women’s National Assembly Joint Resolution No. 12 requesting Awareness Month; to the Committee on Edu- Basketball Association Championship; to the the Congress and the President of the United cation and Labor. considered and agreed to. Committee on Oversight and Government States to enact legislation to close corporate considered and agreed to. Reform. federal tax loopholes; to the Committee on By Mr. SMITH of New Jersey (for him- By Mr. MICHAUD (for himself, Mr. AL- Ways and Means. self, Mr. STUPAK, Mr. BURTON of Indi- EXANDER, Mr. BARTLETT, Mr. BILI- 392. Also, a memorial of the General As- ana, and Mr. GRIJALVA): RAKIS, Ms. BORDALLO, Mr. CONNOLLY sembly of the State of California, relative to H. Res. 1664. A resolution supporting the of Virginia, Mr. CRITZ, Mr. Assembly Joint Resolution No. 29 requesting goals and ideals of Spina Bifida Awareness DELAHUNT, Mr. FILNER, Ms. GIF- that for tax years beginning before January Month, recognizing the importance of in- FORDS, Mr. GENE GREEN of Texas, Mr. 1, 2011 that the Revenue Ruling referred to creasing access to health care for individuals INGLIS, Mr. JOHNSON of Georgia, Mr. allowing same-sex married couples may, but with disabilities, including those with Spina KINGSTON, Mr. KISSELL, Mr. are not required to, amend their returns to Bifida, and raising awareness of the need for KRATOVIL, Mr. LIPINSKI, Mr. MEEKS of report income in accordance with the Rev- health care facilities and examination rooms New York, Mr. MITCHELL, Mr. MUR- enue Ruling; to the Committee on Ways and to be accessible for individuals with disabil- PHY of New York, Mr. NYE, Ms. PIN- Means. ities; to the Committee on Energy and Com- GREE of Maine, Mr. POE of Texas, Mr. 393. Also, a memorial of the Council of the merce. ROGERS of Alabama, Mr. ROSS, Mr. of District Of Columbia, relative to Resolu- By Mr. OBERSTAR: RYAN of Ohio, Mr. SABLAN, Mr. SCOTT tion 18-538 to approve the transfer of juris- H. Res. 1665. A resolution providing for the of Georgia, Ms. SHEA-PORTER, Mr. diction over 2 portions of U.S. Reservations concurrence by the House in the Senate SIRES, Mr. SPRATT, Ms. SUTTON, Mr. 334 and 334-I from the National Park Service amendment to H.R. 3619, with amendments; TANNER, Mr. TAYLOR, Mr. TEAGUE, to the District of Columbia; jointly to the considered and agreed to. considered and Mr. THORNBERRY, Mr. WILSON of Committees on Natural Resources and Over- agreed to. South Carolina, and Mr. WITTMAN): sight and Government Reform. By Mr. BOSWELL (for himself, Mr. H. Res. 1672. A resolution commemorating 394. Also, a memorial of the General As- LOEBSACK, Mr. GRAVES of Missouri, the Persian Gulf War and reaffirming the sembly of the State of California, relative to and Mr. TERRY): commitment of the United States towards Assembly Joint Resolution No. 42 requesting H. Res. 1666. A resolution expressing sup- Persian Gulf War veterans; to the Committee the Congress and the President of the United port for designation of October 2010 as on Foreign Affairs, and in addition to the States enact the federal Medicare Secondary ‘‘Crime Prevention Month‘‘; to the Com- Committees on Armed Services, and Vet- Payer Enhancement Act of 2010; jointly to mittee on the Judiciary. erans’ Affairs, for a period to be subse- the Committees on Ways and Means and En- By Mrs. CAPPS (for herself, Mr. quently determined by the Speaker, in each ergy and Commerce. LATOURETTE, and Mr. TOWNS): case for consideration of such provisions as H. Res. 1667. A resolution congratulating f the National Institute of Nursing Research fall within the jurisdiction of the committee on the occasion of its 25th anniversary; to concerned. ADDITIONAL SPONSORS the Committee on Energy and Commerce. By Mr. PAUL: H. Res. 1673. A resolution recognizing 75 Under clause 7 of rule XII, sponsors By Mr. CARDOZA: were added to public bills and resolu- H. Res. 1668. A resolution recognizing the Texas World War II veterans visiting Wash- 100th anniversary of the formation of the ington, D.C., on September 27, 2010, to visit tions as follows: California Almond Growers Exchange, a co- the memorials built in their honor; to the H.R. 147: Mr. PASCRELL. operative to market almonds produced by Committee on Veterans’ Affairs. H.R. 197: Mr. DINGELL. members of the cooperative; to the Com- f H.R. 305: Mr. PLATTS and Ms. GIFFORDS. mittee on Agriculture. H.R. 333: Mr. ACKERMAN. By Mr. DUNCAN: MEMORIALS H.R. 393: Mr. ROE of Tennessee. H. Res. 1669. A resolution congratulating Under clause 4 of rule XXII, memo- H.R. 503: Mr. FILNER. the National Air Transportation Association H.R. 523: Mr. SMITH of Nebraska. for celebrating its 70th anniversary; to the rials were presented and referred as fol- H.R. 571: Mr. SESTAK. Committee on Transportation and Infra- lows: H.R. 615: Mr. SCHIFF. structure. 386. The SPEAKER presented a memorial H.R. 678: Mr. KING of New York and Mr. By Ms. GIFFORDS (for herself, Mr. of the General Assembly of the State of New MCNERNEY. TONKO, Mr. CHILDERS, Mr. DEFAZIO, Jersey, relative to Assembly Resolution No. H.R. 704: Mr. ISRAEL. Ms. RICHARDSON, Ms. WATSON, Mr. 317 supporting the unification of Northern H.R. 707: Mr. CALVERT. CROWLEY, Mr. COURTNEY, Mr. HARE, ireland with the Republic of Ireland; to the H.R. 758: Mr. REICHERT. Ms. SHEA-PORTER, Mr. FILNER, Mr. Committee on Foreign Affairs. H.R. 868: Ms. BALDWIN and Mr. WU. HINCHEY, Mr. CONYERS, Mr. RAHALL, 387. Also, a memorial of the Council of the H.R. 903: Mr. LEE of New York. Ms. FUDGE, Mr. FARR, Mr. RANGEL, of District Of Columbia, relative to Resolu- H.R. 932: Mr. PRICE of North Carolina. Mr. CRITZ, Mr. DEUTCH, Mr. BOREN, tion 18-541 to declare the sense of the Council H.R. 1024: Mr. MOORE of Kansas. Mr. CARSON of Indiana, Mr. KILDEE, that the United States Congress must not H.R. 1034: Mr. CARNAHAN. Mr. HEINRICH, Mr. MAFFEI, Mrs. adopt legislation restricting the District H.R. 1079: Ms. BALDWIN and Mr. BONNER. HALVORSON, Ms. PINGREE of Maine, government’s ability to legislate the regula- H.R. 1179: Mr. PASCRELL. Mr. ARCURI, Ms. KILROY, Mr. WILSON tion of firearms; to the Committee on Over- H.R. 1339: Mr. MILLER of North Carolina of Ohio, Mr. COSTELLO, Mr. KISSELL, sight and Government Reform. and Ms. MATSUI. Mr. SCHAUER, Ms. DELAURO, Mr. 388. Also, a memorial of the Council of the H.R. 1347: Ms. ESHOO and Mr. BACA. LANGEVIN, Mr. BOUCHER, Mr. NADLER of District Of Columbia, relative to Resolu- H.R. 1414: Mrs. BACHMANN. of New York, Mr. PATRICK J. MURPHY tion 18-537 to approve the proposed transfer H.R. 1443: Mr. SCHRADER. of Pennsylvania, Mr. PETERS, Mr. of jurisdiction over a portion of U.S. Res- H.R. 1551: Mr. MICHAUD. 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.

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H.R. 1792: Mr. MOORE of Kansas. H.R. 5400: Mr. EDWARDS of Texas, Mr. CLAY, H.R. 6072: Mr. MCGOVERN, Ms. TITUS, and H.R. 1806: Ms. FUDGE and Mr. HONDA. Mr. SCHIFF, Mr. CONYERS, Mr. BRADY of Mr. HINCHEY. H.R. 1831: Mr. MANZULLO. Pennsylvania, Mr. BOCCIERI, Mr. WILSON of H.R. 6081: Mr. ELLISON. H.R. 1927: Mr. GARAMENDI. Ohio, Mr. BRALEY of Iowa, Mr. MICHAUD, Mr. H.R. 6095: Mr. CONYERS. H.R. 1966: Mr. BACA. PLATTS, Ms. TITUS, and Mr. PASTOR of Ari- H.R. 6099: Mr. HONDA. H.R. 2030: Mr. PETRI and Mr. LIPINSKI. zona. H.R. 6117: Mr. STARK. H.R. 2049: Mr. CRITZ. H.R. 5434: Mr. MAFFEI, Mr. ADERHOLT, Mr. H.R. 6118: Mr. CONNOLLY of Virginia. H.R. 2104: Mr. HONDA and Mr. GARAMENDI. SHERMAN, and Ms. BALDWIN. H.R. 6123: Mr. TEAGUE. H.R. 2159: Mr. DOYLE. H.R. 5441: Ms. MCCOLLUM. H.R. 6128: Ms. CHU, Mr. HILL, Mr. SIRES, H.R. 2378: Mr. AL GREEN of Texas, Mr. H.R. 5462: Mr. BILBRAY and Mr. LIPINSKI. Ms. PINGREE of Maine, Mr. WALZ, Mr. FARR, HALL of New York, Mr. CLEAVER, and Ms. H.R. 5475: Mr. FILNER. Mr. DOGGETT, Mr. DAVIS of Illinois, Ms. NOR- MATSUI. H.R. 5504: Mr. INSLEE, Ms. KILPATRICK of TON, Mr. VISCLOSKY, Mr. WELCH, Ms. JACKSON H.R. 2381: Mr. CRITZ and Mr. DEUTCH. Michigan, and Mr. FALEOMAVAEGA. LEE of Texas, Mr. BOSWELL, Mr. HIGGINS, Ms. H.R. 2414: Mr. CONYERS. H.R. 5549: Mr. SERRANO, Mr. HINCHEY, Mr. LINDA T. SA´ NCHEZ of California, Mr. OBER- H.R. 2443: Mr. COSTA. SMITH of Washington, Mr. COURTNEY, Mr. ED- STAR, Ms. EDDIE BERNICE JOHNSON of Texas, H.R. 2578: Ms. SUTTON and Ms. WASSERMAN WARDS of Texas, Mrs. LOWEY, Mr. TIM MUR- Mr. CUMMINGS, Mr. BRALEY of Iowa, and Mr. SCHULTZ. PHY of Pennsylvania, Mr. BRADY of Pennsyl- PALLONE. H.R. 2624: Mr. PRICE of North Carolina. vania, Mr. CONYERS, Mr. SCHIFF, Mr. H.R. 6132: Mr. HASTINGS of Florida, Mr. H.R. 2625: Ms. EDWARDS of Maryland, Mr. BLUMENAUER, Mr. BOCCIERI, Mr. PATRICK J. WELCH, and Mr. VISCLOSKY. BERMAN, Mr. PALLONE, Ms. MATSUI, Mr. MURPHY of Pennsylvania, Mr. WILSON of H.R. 6133: Mr. KLEIN of Florida. Lu´ jan, Ms. RICHARDSON, Ms. SCHWARTZ, Mr. Ohio, Mr. BRALEY of Iowa, Mr. LIPINSKI, Mr. H.R. 6134: Mr. SHADEGG. MARKEY of Massachusetts, Ms. CLARKE, and MICHAUD, Mr. HARE, Ms. MATSUI, Mr. JACK- H.R. 6139: Ms. SLAUGHTER. Mr. CUMMINGS. SON of Illinois, Mr. PLATTS, Mr. PASTOR of H.R. 6143: Mr. GRIJALVA and Mrs. H.R. 2672: Mr. JOHNSON of Georgia. Arizona, Mr. DOYLE, and Mr. MURPHY of New NAPOLITANO. H.R. 2673: Mr. SABLAN. York. H.R. 6150: Ms. ZOE LOFGREN of California H.R. 2692: Ms. PINGREE of Maine. H.R. 5575: Ms. WASSERMAN SCHULTZ. and Mr. RADANOVICH. H.R. 2698: Mr. SABLAN and Mr. VISCLOSKY. H.R. 5588: Mrs. NAPOLITANO and Ms. GIF- H.R. 6160: Mr. MCMAHON and Mr. LIPINSKI. H.R. 2699: Mr. SABLAN. FORDS. H.R. 6174: Mr. MEEKs of New York. H.R. 2746: Mr. MELANCON. H.R. 5645: Mrs. BONO MACK. H.R. 6184: Mr. INSLEE, Mr. BLUMENAUER, H.R. 2766: Mr. DELAHUNT and Mr. THOMPSON H.R. 5652: Mr. DEFAZIO and Ms. WASSERMAN Mr. SIMPSON, Mr. WU, Mrs. MCMORRIS ROD- of California. SCHULTZ. GERS, and Mr. MCDERMOTT. H.R. 2906: Ms. SUTTON, Mr. DEUTCH, and Mr. H.R. 5718: Mr. GUTIERREZ. H.R. 6192: Ms. DELAURO, Mr. CONYERS, and BACA. H.R. 5723: Mr. SERRANO. Mr. CARDOZA. H.R. 3012: Mr. MCMAHON. H.R. 5740: Mr. CUMMINGS. H.R. 6198: Mr. SMITH of Texas and Mr. H.R. 3118: Mr. SHERMAN. H.R. 5746: Mr. MOORE of Kansas, Mr. POLIS COHEN. H.R. 3149: Mr. DOYLE. of Colorado, Mr. CARNEY, Mr. HIGGINS, Mr. H.R. 6211: Mr. NYE. H.R. 3212: Mr. PRICE of North Carolina. LANGEVIN, Mrs. DAHLKEMPER, Ms. DEGETTE, H. Con. Res. 224: Mr. LAMBORN. H.R. 3567: Mr. GARAMENDI, Mr. GRAYSON, Mr. HOLT, Mr. MAFFEI, Mr. TIERNEY, Mr. H. Con. Res. 259: Mr. LATOURETTE, Mr. Ms. RICHARDSON, and Mr. DAVIS of Illinois. GARAMENDI, and Mr. FOSTER. MAFFEI, and Mr. DOYLE. H.R. 3586: Mr. BOSWELL and Mr. AKIN. H.R. 5766: Mr. COSTA, Ms. MARKEY of Colo- H. Con. Res. 267: Mr. QUIGLEY Mrs. H.R. 3652: Mr. CLAY, Mr. ROSKAM, Mr. RYAN rado, Ms. ROS-LEHTINEN, Mr. INSLEE, Mrs. BACHMANN, Mr. ROHRABACHER, and Mr. of Wisconsin, and Mr. HARPER. NAPOLITANO, and Mr. BACA. FALEOMAVAEGA. H.R. 3666: Mr. TONKO, Mr. CARNEY, Mr. TIM H.R. 5791: Mr. LANGEVIN. H. Con. Res. 303: Mr. CAMPBELL. MURPHY of Pennsylvania, Ms. DELAURO, Mr. H.R. 5792: Ms. BALDWIN. H. Con. Res. 312: Mr. AKIN, Mr. LINDER, Mr. MOORE of Kansas, and Mr. PATRICK J. MUR- H.R. 5806: Mrs. CAPPS and Mr. CONNOLLY of DUNCAN, Mr. BILBRAY, Mr. NEUGEBAUER, Mr. PHY of Pennsylvania. Virginia. FORTENBERRY, Mrs. LUMMIS, Mr. THOMPSON H.R. 3724: Mr. DJOU and Mr. AKIN. H.R. 5842: Mr. COBLE. of Pennsylvania, Mr. BARTON of Texas, Mr. H.R. 3753: Mr. GUTIERREZ. H.R. 5843: Mrs. KIRKPATRICK of Arizona and GOHMERT, Mr. FRANKS of Arizona, Mr. H.R. 3781: Mr. LAMBORN. Mr. COSTELLO. SHIMKUS, Mr. FLEMING, Mr. CONAWAY, Mr. H.R. 4063: Mr. BUTTERFIELD. H.R. 5853: Mr. SHADEGG, Mr. MARCHANT, KING of Iowa, Mr. HERGER, Mr. POSEY, and H.R. 4121: Mr. KLINE of Minnesota, Mr. Mr. BONNER, Mr. OLSON, and Mr. CONAWAY. Mr. SESSIONS. COURTNEY, Mr. EDWARDS of Texas, Mrs. H.R. 5894: Mr. TOWNS. H. Con. Res. 319: Mr. PETRI, Mr. FORBES, LOWEY, Mr. BRADY of Pennsylvania, Mr. CON- H.R. 5907: Mr. STARK. Mr. ANDREWS, Mr. KISSELL, Ms. SHEA-POR- YERS, Mr. SCHIFF, Mr. BOCCIERI, Mr. PATRICK H.R. 5928: Mr. COURTNEY, Mr. EDWARDS of TER, and Mr. TURNER. J. MURPHY of Pennsylvania, and Mr. WILSON Texas, Mr. SCHIFF, Mr. CONYERS, Mr. BRADY H. Res. 111: Mr. TAYLOR and Mr. MAFFEI. of Ohio. of Pennsylvania, Mr. BLUMENAUER, Mr. H. Res. 155: Mr. QUIGLEY. H.R. 4210: Mr. WELCH. BOCCIERI, Mr. WILSON of Ohio, Mr. BRALEY of H. Res. 397: Mr. THOMPSON of Pennsylvania. H.R. 4436: Mr. SHIMKUS, Mr. MCKEON, and Iowa, Mr. MICHAUD, Mr. HARE, Ms. MATSUI, H. Res. 510: Mr. MCGOVERN. Mr. KIRK. Mr. PLATTS, Mr. PASTOR of Arizona, and Mr. H. Res. 767: Mr. COHEN. H.R. 4594: Mr. CASTLE, Mr. COURTNEY, Mr. DOYLE. H. Res. 840: Mr. THOMPSON of Pennsylvania. BOSWELL, Mr. CARDOZA, and Mr. ISRAEL. H.R. 5931: Mr. HONDA. H. Res. 929: Mr. CALVERT. H.R. 4645: Mr. DAVIS of Illinois, Mr. PAYNE, H.R. 5939: Mr. PETRI, Mr. DRIEHAUS, Mr. H. Res. 1207: Mr. GERLACH. Mr. MICHAUD, and Mr. CARNAHAN. WALDEN, Mr. ROONEY, Mr. ROYCE, and Mr. H. Res. 1217: Mr. DJOU. H.R. 4676: Mr. TONKO. BILBRAY. H. Res. 1226: Mr. NYE and Mr. LARSON of H.R. 4677: Ms. NORTON and Mr. JACKSON of H.R. 5957: Mr. COBLE. Connecticut. Illinois. H.R. 5967: Ms. SLAUGHTER, Mr. DOGGETT, H. Res. 1343: Mr. PITTS. H.R. 4690: Mr. PRICE of North Carolina, Mr. Ms. RICHARDSON, and Mr. WU. H. Res. 1378: Mr. JONES, Mrs. BONO Mack, MAFFEI, and Ms. SCHAKOWSKY. H.R. 5976: Mr. MCDERMOTT and Mr. and Mr. FORBES. H.R. 4787: Mr. TEAGUE and Mr. TURNER. ELLISON. H. Res. 1431: Mr. MURPHY of New York, Ms. H.R. 4796: Mr. KIND. H.R. 5983: Ms. RICHARDSON, Mr. LYNCH, Mr. MCCOLLUM, Mr. SPACE, Mr. HARE, Mrs. BONO H.R. 4808: Mr. SHERMAN and Mr. CUMMINGS. HINCHEY, Mrs. MALONEY, Mr. YOUNG of Alas- Mack, Mr. JACKSON of Illinois, Mr. SCHAUER, H.R. 4830: Ms. SLAUGHTER. ka, Mr. LARSEN of Washington, Mr. CASTLE, Mr. LIPINSKI, Mr. GRIJALVA, Mr. LINCOLN H.R. 4844: Mr. MCNERNEY and Mr. NADLER Mrs. MCMORRIS RODGERS, Mr. FRANK of Mas- DIAZ-BALART of Florida, Ms. BALDWIN, and of New York. sachusetts, Mr. PETERSON, Mr. BISHOP of Mr. MOORE of Kansas. H.R. 4959: Ms. CHU, Mr. CLAY, Mr. VAN Georgia, Mr. MCGOVERN, Mr. DELAHUNT, Mr. H. Res. 1476: Mr. BAIRD, Ms. CASTOR of HOLLEN, and Mr. FARR. JOHNSON of Georgia, Mr. TIERNEY, Ms. NOR- Florida, Mr. INSLEE, Ms. JACKSON LEE of H.R. 5010: Mr. HOLT. TON, Mr. CLAY, Mr. CLEAVER, and Mr. LIN- Texas, and Ms. HIRONO. H.R. 5028: Mr. CLAY and Mr. FILNER. DER. H. Res. 1485: Ms. KILROY, Mr. LIPINSKI, and H.R. 5034: Ms. FALLIN and Mr. SMITH of H.R. 5987: Mr. BOUCHER, Mr. EDWARDS of Ms. ZOE LOFGREN of California. New Jersey. Texas, Mr. CONYERS, Mr. HEINRICH, Ms. H. Res. 1488: Mr. SNYDER, Mrs. LOWEY, and H.R. 5081: Mr. ELLISON. SLAUGHTER, Mr. BACA, Mr. SPACE, Ms. Ms. DEGETTE. H.R. 5106: Mr. ROSS. HERSETH SANDLIN, and Mr. CLEAVER. H. Res. 1501: Ms. GRANGER, Mrs. SCHMIDT, H.R. 5141: Mr. PETERSON. H.R. 5993: Ms. SLAUGHTER, Mr. MICHAUD, Mr. ROGERS of Alabama, Ms. NORTON, Mr. H.R. 5209: Mrs. CAPPS. and Mr. CUMMINGS. ISSA, and Mrs. MYRICK. H.R. 5211: Mr. PRICE of North Carolina and H.R. 6003: Mr. VAN HOLLEN. H. Res. 1531: Mr. LOBIONDO, Mr. POMEROY, Mr. SHERMAN. H.R. 6057: Mr. MURPHY of New York and Mr. PETERSON, Ms. MARKEY of Colorado, Mrs. H.R. 5321: Mr. MORAN of Virginia. Mr. TONKO. NAPOLITANO, Mr. KISSELL, Mr. JONES, Mr. H.R. 5360: Ms. SLAUGHTER. H.R. 6067: Mr. HONDA. MURPHY of New York, Mr. MORAN of Kansas,

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Mr. SCOTT of Georgia, Ms. MCCOLLUM, and DOYLE, Mrs. KIRKPATRICK of Arizona, Ms. California, Mr. POLIS of Colorado, Mr. CON- Mrs. BLACKBURN. DEGETTE, Mr. RYAN of Ohio, Mr. BAIRD, Mr. YERS, Mr. TOWNS, and Ms. CHU. H. Res. 1563: Mr. PASCRELL, Mr. PAYNE, and OBERSTAR, and Mr. ELLISON. H. Res. 1646: Mr. LARSON of Connecticut. Mr. PALLONE. H. Res. 1615: Mr. CALVERT and Ms. GINNY H. Res. 1648: Mr. BOCCIERI, Ms. GINNY H. Res. 1570: Mr. OLVER. BROWN-WAITE of Florida. BROWN-WAITE of Florida, Mr. COSTELLO, Mr. H. Res. 1576: Mr. BOCCIERI and Mr. H. Res. 1617: Mr. MARIO DIAZ-BALART of GALLEGLY, Ms. JENKINS, Mr. LAMBORN, Mr. LAMBORN. Florida, Mr. KAGEN, Mrs. MYRICK, and Mr. PETERSON, Mr. ROGERS of Michigan, Mr. H. Res. 1588: Mr. HOYER, Mr. LOBIONDO, Mr. SESTAK. SABLAN, and Mrs. SCHMIDT. SMITH of Washington, and Ms. TSONGAS. H. Res. 1621: Mr. PASCRELL, Mr. MCGOVERN, H. Res. 1651: Mr. RANGEL, Mr. CLEAVER, and H. Res. 1590: Mr. ROGERS of Alabama, Mr. Mr. MELANCON, Ms. KAPTUR, and Mr. HARE. Mr. AL GREEN of Texas. PITTS, and Mr. BROUN of Georgia. H. Res. 1655: Mrs. MCCARTHY of New York, H. Res. 1598: Ms. WOOLSEY, Ms. BALDWIN, H. Res. 1624: Mr. HODES and Ms. PINGREE of Mr. COURTNEY, Mr. ELLISON, and Mr. JOHN- Mr. FILNER, Mr. GRIJALVA, Mr. CLEAVER, Mr. Maine. SON of Georgia. TOWNS, and Mr. MCGOVERN. H. Res. 1628: Ms. SUTTON. H. Res. 1656: Mr. SCOTT of Georgia. H. Res. 1600: Mrs. DAHLKEMPER, Mr. LATTA, H. Res. 1630: Mr. WALDEN and Mr. ISSA. H. Res. 1631: Mr. BERMAN, Mr. GALLEGLY, Mr. BURGESS, Mr. OLVER, Mr. CLAY, Mr. f SPRATT, Mr. WELCH, Mr. BRIGHT, Mr. JACK- Mr. COSTA, and Mr. GENE GREEN of Texas. SON of Illinois, Ms. EDWARDS of Maryland, H. Res. 1636: Mr. GALLEGLY. PETITIONS, ETC. Mrs. MILLER of Michigan, Ms. BERKLEY, Mr. H. Res. 1637: Ms. TITUS, Mrs. CAPITO, Mr. MATHESON, Mr. TOWNS, Mr. MCKEON, Mrs. GORDON of Tennessee, Ms. EDWARDS of Mary- Under clause 3 of rule XII: CAPPS, Mr. BUTTERFIELD, Mr. CHANDLER, Mr. land, Ms. SLAUGHTER, and Mr. PERRIELLO. 170. The SPEAKER presented a petition of KENNEDY, Mr. BARROW, Mr. MCDERMOTT, Ms. H. Res. 1641: Mr. CONNOLLY of Virginia, Mr. City of Conover, North Carolina, relative to MARKEY of Colorado, Mr. HOLT, Mr. SCALISE, GONZALEZ, Mr. HALL of New York, Mr. ISSA, Resolution 27-10 expressing opposition to fed- Mr. HOLDEN, Mr. KIND, Mr. FARR, Ms. Linda Mr. RADANOVICH, and Mr. RYAN of Ohio. erally mandated collective bargaining; which T. Sa´ nchez of California, Mr. GRIFFITH, Mr. H. Res. 1645: Mrs. NAPOLITANO, Mr. MCGOV- was referred to the Committee on Education SCHIFF, Mr. SALAZAR, Mr. ROSS, Mr. CAO, Mr. ERN, Mr. COURTNEY, Ms. LORETTA SANCHEZ of and Labor.

VerDate Mar 15 2010 00:26 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A28SE7.175 H28SEPT2 tjames on DSKG8SOYB1PROD with HOUSE Tuesday, September 28, 2010 Daily Digest Senate Vietnam Veterans Memorial Visitor Center: Chamber Action Senate passed H.R. 3689, to provide for an extension Routine Proceedings, pages S7565–S7669 of the legislative authority of the Vietnam Veterans Measures Introduced: Eighteen bills and eleven Memorial Fund, Inc. to establish a Vietnam Veterans resolutions were introduced, as follows: S. 11, Memorial visitor center. Page S7653 3848–3864, and S. Res. 652–662. Pages S7618–19 Prevention of Interstate Commerce in Animal Measures Reported: Crush Videos Act: Committee on the Judiciary was S. 1816, to amend the Federal Water Pollution discharged from further consideration of H.R. 5566, to amend title 18, United States Code, to prohibit Control Act to improve and reauthorize the Chesa- interstate commerce in animal crush videos, and the peake Bay Program, with an amendment in the na- bill was then passed, after agreeing to the following ture of a substitute. (S. Rept. No. 111–333) amendment proposed thereto: Pages S7653–54 S. 679, to establish a research, development, dem- Durbin (for Kyl) Amendment No. 4668, in the onstration, and commercial application program to nature of a substitute. Page S7654 promote research of appropriate technologies for heavy duty plug-in hybrid vehicles. (S. Rept. No. Anti-Border Corruption Act: Senate passed S. 111–334) 3243, to require U.S. Customs and Border Protec- tion to administer polygraph examinations to all ap- S. 2843, to provide for a program of research, de- plicants for law enforcement position with U.S. Cus- velopment, demonstration, and commercial applica- toms and Border Protection, to require U.S. Customs tion in vehicle technologies at the Department of and Border Protection to initiate all periodic back- Energy, with an amendment in the nature of a sub- ground reinvestigations of certain law enforcement stitute. (S. Rept. No. 111–335) personnel, after agreeing to the committee amend- S. 3495, to promote the deployment of plug-in ment. Pages S7654–55 electric drive vehicles, with an amendment in the nature of a substitute. (S. Rept. No. 111–336) Social Security Number Protection Act: Com- S. 3184, to provide United States assistance for mittee on Finance was discharged from further con- the purpose of eradicating severe forms of trafficking sideration of S. 3789, to limit access to social secu- rity account numbers, and the bill was then passed. in children in eligible countries through the imple- mentation of Child Protection Compacts. (S. Rept. Page S7655 No. 111–337) Political Status Education in the Territory of H.R. 1345, to amend title 5, United States Code, Guam: Committee on Energy and Natural Re- to eliminate the discriminatory treatment of the Dis- sources was discharged from further consideration of trict of Columbia under the provisions of law com- H.R. 3940, to clarify the availability of existing monly referred to as the ‘‘Hatch Act’’, with amend- funds for political status education in the Territory ments. of Guam, and the bill was then passed, after agree- S. 2847, to regulate the volume of audio on com- ing to the following amendments proposed thereto: mercials, with an amendment in the nature of a sub- Pages S7655–56 Durbin (for Bingaman) Amendment No. 4669, in stitute. Page S7615 the nature of a substitute. Pages S7655–56 Measures Passed: Durbin (for Bingaman) Amendment No. 4670, to Stem Cell Therapeutic and Research Reauthor- amend the title. Page S7656 ization Act: Senate passed S. 3751, to amend the 5-Star Generals Commemorative Coin Act: Stem Cell Therapeutic and Research Act of 2005, Committee on Banking, Housing, and Urban Affairs after agreeing to the committee amendment in the was discharged from further consideration of H.R. nature of a substitute. Page S7650 1177, to require the Secretary of the Treasury to D1017

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST D1018 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 2010 mint coins in recognition of 5 United States Army USA Science & Engineering Festival: Senate 5-Star Generals, George Marshall, Douglas Mac- agreed to S. Res. 656, expressing support for the in- Arthur, Dwight Eisenhower, Henry ‘‘Hap’’ Arnold, augural USA Science & Engineering Festival. and Omar Bradley, alumni of the United States Page S7667 Army Command and General Staff College, Fort Hoover Dam 75th Anniversary: Senate agreed to Leavenworth, Kansas, to coincide with the celebra- S. Res. 657, celebrating the 75th anniversary of the tion of the 132nd Anniversary of the founding of the dedication of the Hoover Dam. Page S7667 United States Army Command and General Staff National Character Counts Week: Senate agreed College, and the bill was then passed. Page S7656 to S. Res. 658, designating the week beginning Oc- Veterans’ Insurance and Health Care Improve- tober 17, 2010, as ‘‘National Character Counts ments Act: Committee on Veterans’ Affairs was dis- Week’’. Page S7668 charged from further consideration of H.R. 3219, to amend title 38, United States Code, and the Lights on Afterschool: Senate agreed to S. Res. Servicemembers Civil Relief Act to make certain im- 659, supporting ‘‘Lights on Afterschool’’, a national provements in the laws administered by the Sec- celebration of afterschool programs. Pages S7668–69 retary of Veterans Affairs, and the bill was then Public Diplomacy Program: Senate agreed to S. passed, after agreeing to the following amendments Res. 660, expressing support for a public diplomacy proposed thereto: Pages S7656–65 program promoting advancements in science, tech- Durbin (for Akaka) Amendment No. 4671, in the nology, engineering, and mathematics made by or in nature of a substitute. Page S7665 partnership with the people of the United States. Durbin (for Akaka) Amendment No. 4672, to Page S7669 amend the title. Page S7665 Authorize Representation: Senate agreed to S. Thailand Fulbright Program 60th Anniversary: Res. 661, to authorize representation by the Senate Senate agreed to S. Res. 469, recognizing the 60th Legal Counsel in the case of McCarthy v. Byrd, et Anniversary of the Fulbright Program in Thailand. al. Page S7669 Page S7665 Measures Considered: Feed America Day: Committee on the Judiciary Creating American Jobs and Ending Offshoring was discharged from further consideration of S. Res. Act: Senate continued consideration of the motion to 646, designating Thursday, November 18, 2010, as proceed to consideration of S. 3816, to amend the ‘‘Feed America Day’’, and the resolution was then Internal Revenue Code of 1986 to create American agreed to. Page S7665 jobs and to prevent the offshoring of such jobs over- Honoring Alfred Lind: Senate agreed to S. Res. seas. Pages S7580–85 652, honoring Mr. Alfred Lind for his dedicated During consideration of this measure today, Senate service to the United States of America during also took the following action: World War II as a member of the Armed Forces and By 53 yeas to 45 nays (Vote No. 242), three-fifths a prisoner of war, and for his tireless efforts on be- of those Senators duly chosen and sworn, not having half of other members of the Armed Forces touched voted in the affirmative, Senate rejected the motion by war. Page S7666 to close further debate on the motion to proceed to consideration of the bill. Page S7585 Nuclear Weapons Program Workers Day: Senate agreed to S. Res. 653, designating October 30, Department of State, Foreign Operations, and 2010, as a national day of remembrance for nuclear Related Programs Appropriations Act—Agreement: Senate resumed consideration of the motion to pro- weapons program workers. Page S7666 ceed to consideration of H.R. 3081, making appro- Gold Star Wives Day: Senate agreed to S. Res. priations for the Department of State, foreign oper- 654, designating December 18, 2010, as ‘‘Gold Star ations, and related programs for the fiscal year end- Wives Day’’. Page S7666 ing September 30, 2010. Pages S785–S7605 Stomach Cancer Awareness Month: Senate agreed During consideration of this measure today, Senate to S. Res. 655, designating November 2010 as also took the following action: ‘‘Stomach Cancer Awareness Month’’ and supporting By 84 yeas to 14 nays (Vote No. 243), three-fifths efforts to educate the public about stomach cancer. of those Senators duly chosen and sworn, having Pages S7666–67 voted in the affirmative, Senate agreed to the motion to close further debate on the motion to proceed to consideration of the bill. Page S7585

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST September 28, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1019 A unanimous-consent agreement was reached pro- day, September 29, 2010. (For Senate’s program, see viding that upon disposition of S.J. Res. 39, Senate the remarks of the Acting Majority Leader in today’s continue consideration of the motion to proceed to Record on page S7669.) consideration of the bill; provided further, that any time during the consideration of S.J. Res. 39, morn- Committee Meetings ing business, recess or adjournment count post-clo- ture. Page S7669 (Committees not listed did not meet) Centers for Medicaid & Medicare Services Joint DEPARTMENT OF DEFENSE EFFICIENCIES Resolution—Agreement: A unanimous-consent-time INITIATIVES agreement was reached providing that at 10 a.m., on Wednesday, September 29, 2010, the Republican Committee on Armed Services: Committee concluded a Leader, or his designee, be recognized to move to hearing to examine the Department of Defense effi- proceed to consideration of S.J. Res. 39, providing ciencies initiatives, after receiving testimony from for congressional disapproval under chapter 8 of title William J. Lynn III, Deputy Secretary, Ashton B. 5, United States Code, of the rule relating to status Carter, Under Secretary for Acquisition, Technology as a grandfathered health plan under the Patient and Logistics, and General James E. Cartwright, Protection and Affordable Care Act; that there be 2 USMC, Vice Chairman, Joint Chiefs of Staff, all of hours of debate on the motion to proceed, with the the Department of Defense. time equally divided and controlled between the two BUSINESS MEETING Leaders, or their designees; and that upon the use or Committee on Armed Services: Committee ordered favor- yielding back of time, Senate vote on adoption of the ably reported 3,273 nominations in the Army, Navy, motion to proceed to consideration of the joint reso- Air Force, and Marine Corps. lution; that if the motion to proceed is adopted, there be 1 hour of debate with respect to the joint ECONOMY AND FISCAL POLICY OUTLOOK resolution, with the time equally divided between Committee on the Budget: Committee concluded a hear- the two Leaders, or their designees; that upon the ing to examine the outlook for the economy and fis- use or yielding back of time, the joint resolution be cal policy, after receiving testimony from Douglas read a third time, and Senate vote on passage of the W. Elmendorf, Director, Congressional Budget Of- joint resolution; provided further, that if the motion fice. to proceed to the joint resolution is defeated, then no further motion to proceed to the joint resolution NATIONAL HIGHWAY TRAFFIC SAFETY be in order for the remainder of this Congress; pro- ADMINISTRATION vided further, that no amendments or any other mo- Committee on Commerce, Science, and Transportation: Sub- tions be in order to the joint resolution, and that all committee on Consumer Protection, Product Safety, other provisions of the statute governing consider- and Insurance concluded an oversight hearing to ex- ation of the joint resolution remain in effect. amine the National Highway Traffic Safety Adminis- Page S7605 tration (NHTSA), focusing on an examination of the Highway Safety Provisions of SAFETEA–LU, after Messages from the House: Pages S7613–14 receiving testimony from David Strickland, Admin- Enrolled Bills Presented: Page S7614 istrator, National Highway Traffic Safety Adminis- Executive Communications: Pages S7614–15 tration, Department of Transportation; Neil Peder- sen, Maryland State Highway Administration, on be- Executive Reports of Committees: Pages S7615–18 half of the Governors Highway Safety Association, Additional Cosponsors: Pages S7619–20 Jacqueline S. Gillan, Advocates for Highway and Statements on Introduced Bills/Resolutions: Auto Safety, and Robert Strassburger, Alliance of Pages S7620–38 Automobile Manufacturers, all of Washington, D.C.; Laura Dean-Mooney, Mothers Against Drunk Driv- Additional Statements: Pages S7608–13 ing, Irving, Texas; Ira H. Leesfield, Academy of Amendments Submitted: Pages S7638–49 Florida Trial Lawyers, Miami; Thomas M. James, Authorities for Committees to Meet: Truck Renting and Leasing Association, Alexandria, Pages S7650–53 Virginia; and Ethan Ruby, New York, New York. Record Votes: Two record votes were taken today. PIPELINE SAFETY (Total—243) Page S7585 Committee on Commerce, Science, and Transportation: Sub- Adjournment: Senate convened at 10 a.m. and ad- committee on Surface Transportation and Merchant journed at 8:14 p.m., until 9:30 a.m. on Wednes- Marine Infrastructure, Safety, and Security concluded

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST D1020 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 2010 a hearing to examine pipeline safety, focusing on as- nois; and Paul Graham, American Council of Life In- sessing the San Bruno, California explosion and other surers, Washington, D.C. recent accidents, after receiving testimony from Sen- ator Feinstein; Cynthia L. Quarterman, Adminis- INDIAN HEALTH SERVICE IN ABERDEEN trator, Pipeline and Hazardous Materials Safety Ad- AREA ministration, Department of Transportation; Chris- Committee on Indian Affairs: Committee concluded an topher A. Hart, Vice Chairman, National Transpor- oversight hearing to examine reform in the Indian tation Safety Board; Mayor Jim Ruane, San Bruno, Health Service’s Aberdeen area, after receiving testi- California; Paul Clanon, California Public Utilities mony from Yvette Roubideaux, Director, Indian Commission, and Chris Johns, Pacific Gas and Elec- Health Service, Charlene Red Thunder, Area Direc- tric Company, both of San Francisco, California; and tor, Aberdeen Area Indian Health Service, and Ger- Rick Kessler, Pipeline Safety Trust, Bellingham, ald Roy, Deputy Inspector General, Investigations, Washington. Office of the Inspector General, all of the Depart- ment of Health and Human Services; and Ron His INNOVATIVE PROJECT FINANCE Horse Is Thunder, Great Plains Tribal Chairmen’s Committee on Environment and Public Works: Com- Health Board (GPTCHB), Rapid City, South Da- mittee concluded a hearing to examine innovative kota. project finance, after receiving testimony from Roy Kienitz, Under Secretary of Transportation for Pol- COMBATING FRAUD AND CORRUPTION icy; Stephanie Kopelousos, Florida Secretary of Committee on the Judiciary: Committee concluded a Transportation, Tallahassee; Mayor Antonio R. hearing to examine restoring key tools to combat Villaraigosa, Los Angeles, California; and David Selt- fraud and corruption after the Supreme Court’s zer, Mercator Advisors LLC, Philadelphia, Pennsyl- Skilling decision, after receiving testimony from vania. Lanny A. Breuer, Assistant Attorney General, Crimi- nal Division, Department of Justice; Samuel W. LONG-TERM DISABILITY POLICIES Buell, Duke University School of Law, Durham, Committee on Finance: Committee concluded a hearing North Carolina; Michael L. Seigel, University of to examine if private long-term disability policies Florida Fredric G. Levin College of Law, Gainesville; provide protection as promised, after receiving testi- and George J. Terwilliger III, White and Case, mony from William M. Acker, Jr., Senior United Washington, D.C. States District Court Judge, Northern District of Alabama; David Rust, Deputy Commissioner for Re- BUSINESS MEETING tirement and Disability Policy, Social Security Ad- Select Committee on Intelligence: Committee ordered fa- ministration; Ronald Leebove, American Board of vorably reported the nomination of David B. Buck- Forensic Counselors, Scottsdale, Arizona; Mark D. ley, of Virginia, to be Inspector General, Central In- DeBofsky, John Marshall Law School, Chicago, Illi- telligence Agency. h House of Representatives H.R. 3787, to amend title 38, United States Chamber Action Code, to deem certain service in the reserve compo- Public Bills and Resolutions Introduced: 21 pub- nents as active service for purposes of laws adminis- lic bills, H.R. 6218–6238; and 15 resolutions, H. tered by the Secretary of Veterans Affairs, with an Con. Res. 320; and H. Res. 1660–1673 were intro- amendment (H. Rept. 111–625); duced. Pages H7153–55, H7210–12 H.R. 5360, to amend title 38, United States Additional Cosponsors: Pages H7155–56, H7212–14 Code, to modify the standard of visual acuity re- Reports Filed: Reports were filed today as follows: quired for eligibility for specially adapted housing H.R. 3685, to require the Secretary of Veterans assistance provided by the Secretary of Veterans Af- Affairs to include on the main page of the Internet fairs, with an amendment (H. Rept. 111–626); website of the Department of Veterans Affairs a H.R. 5630, to amend title 38, United States hyperlink to the VetSuccess Internet website and to Code, to provide for qualifications for vocational re- publicize such Internet website (H. Rept. 111–624); habilitation counselors and vocational rehabilitation

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST September 28, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1021 employment coordinators employed by the Depart- health, and for other purposes, with an amendment ment of Veterans Affairs (H. Rept. 111–627); (H. Rept. 111–638); H.R. 5993, to amend title 38, United States H.R. 1032, to amend the Federal Food, Drug, and Code, to ensure that beneficiaries of Servicemembers’ Cosmetic Act and the Public Health Service Act to Group Life Insurance receive financial counseling and improve the prevention, diagnosis, and treatment of disclosure information regarding life insurance pay- heart disease, stroke, and other cardiovascular dis- ments, and for other purposes, with an amendment eases in women, with amendments (H. Rept. (H. Rept. 111–628); 111–639); H.R. 3421, to exclude from consumer credit re- H.R. 758, to amend title IV of the Public Health ports medical debt that has been in collection and Service Act to provide for the establishment of pedi- has been fully paid or settled, and for other pur- atric research consortia, with an amendment (H. poses, with an amendment (H. Rept. 111–629); Rept. 111–640); H.R. 6132, to amend title 38, United States H.R. 2818, to amend the Public Health Service Code, to establish a transition program for new vet- Act to provide for the establishment of a drug-free erans, to improve the disability claim system, and workplace information clearinghouse, to support resi- for other purposes, with an amendment (H. Rept. dential methamphetamine treatment programs for 111–630); pregnant and parenting women, to improve the pre- H.R. 2408, to expand the research and awareness vention and treatment of methamphetamine addic- activities of the National Institute of Arthritis and tion, and for other purposes, with an amendment (H. Musculoskeletal and Skin Diseases and the Centers Rept. 111–641); for Disease Control and Prevention with respect to H.R. 5462, to authorize the Secretary of Health scleroderma, and for other purposes, with an amend- and Human Services, acting through the Director of ment (H. Rept. 111–631); the Centers for Disease Control and Prevention, to H.R. 1347, to amend title III of the Public establish and implement a birth defects prevention, Health Service Act to provide for the establishment risk reduction, and public awareness program, with and implementation of concussion management amendments (H. Rept. 111–642); guidelines with respect to school-aged children, and H.R. 6081, to amend the Stem Cell Therapeutic for other purposes, with amendments (H. Rept. and Research Act of 2005, with an amendment (H. 111–632); Rept. 111–643); H.R. 5354, to establish an Advisory Committee H.R. 6160, to develop a rare earth materials pro- on Gestational Diabetes, to provide grants to better gram, to amend the National Materials and Minerals understand and reduce gestational diabetes, and for Policy, Research and Development Act of 1980, and other purposes, with amendments (H. Rept. for other purposes, with an amendment (H. Rept. 111–633); 111–644); H.R. 2999, to amend the Public Health Service H.R. 305, to amend title 49, United States Code, Act to enhance and increase the number of veterinar- to prohibit the transportation of horses in interstate ians trained in veterinary public health, with an transportation in a motor vehicle containing 2 or amendment (H. Rept. 111–634); more levels stacked on top of one another (H. Rept. H.R. 2941, to reauthorize and enhance Johanna’s 111–645); Law to increase public awareness and knowledge H.R. 2378, to amend title VII of the Tariff Act with respect to gynecologic cancers, with an amend- of 1930 to clarify that fundamental exchange-rate ment (H. Rept. 111–635); misalignment by any foreign nation is actionable H.R. 1362, to amend the Public Health Service under United States countervailing and antidumping Act to provide for the establishment of permanent duty laws, and for other purposes, with an amend- national surveillance systems for multiple sclerosis, ment (H. Rept. 111–646); and Parkinson’s disease, and other neurological diseases H.R. 903, to amend the Public Health Service and disorders, with an amendment (H. Rept. Act to enhance the roles of dentists and allied dental 111–636); personnel in the Nation’s disaster response frame- H.R. 1230, to amend the Public Health Service work, and for other purposes, with an amendment Act to provide for the establishment of a National (H. Rept. 111–647). Pages H7152–53, H7210 Acquired Bone Marrow Failure Disease Registry, to authorize research on acquired bone marrow failure Speaker: Read a letter from the Speaker wherein she diseases, and for other purposes, with amendments appointed Representative Yarmuth to act as Speaker (H. Rept. 111–637); pro tempore for today. Page H6997 H.R. 1210, to amend the Public Health Service Recess: The House recessed at 10:45 a.m. and re- Act to provide for arthritis research and public convened at 12 noon. Page H7000

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST D1022 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 2010 Chaplain: The prayer was offered by the guest chap- amend title 38, United States Code, to establish a lain, Reverend Roy Bennett, Calvary Assembly of transition program for new veterans and to improve God Church, Jefferson City, Missouri. Pages H7000–01 the disability claim system; Pages H7013–17 Suspensions: The House agreed to suspend the rules Amending title 38, United States Code, to deem and pass the following measures: certain service in the reserve components as active Recognizing the service of the medical and air service for purposes of laws administered by the crews in helping our wounded warriors make the Secretary of Veterans Affairs: H.R. 3787, amended, expeditious and safe trip home to the United to amend title 38, United States Code, to deem cer- States: H. Res. 1605, amended, to recognize the tain service in the reserve components as active serv- service of the medical and air crews in helping our ice for purposes of laws administered by the Sec- wounded warriors make the expeditious and safe trip retary of Veterans Affairs; Page H7019 home to the United States and to commend the per- Agreed to amend the title so as to read: ‘‘To sonnel of the Air Force for their commitment to the amend title 38, United States Code, to recognize the well-being of all our service men and women; service in the reserve components of certain persons Pages H7002–03 by honoring them with status as veterans under Recognizing the anniversary of the tragic shoot- law.’’. Page H7019 ings that occurred at Fort Hood: H. Con. Res. 319, Amending title 38, United States Code, to pro- to recognize the anniversary of the tragic shootings vide for qualifications for vocational rehabilitation that occurred at Fort Hood, Texas, on November 5, counselors and vocational rehabilitation employ- 2009; Pages H7003–05 ment coordinators employed by the Department of Expressing support for National POW/MIA Rec- Veterans Affairs: H.R. 5630, to amend title 38, ognition Day: H. Res. 1630, amended, to express United States Code, to provide for qualifications for support for National POW/MIA Recognition Day; vocational rehabilitation counselors and vocational Pages H7005–06 rehabilitation employment coordinators employed by Condemning the theft from the Mojave National the Department of Veterans Affairs; Pages H7019–20 Preserve of the national Mojave Cross memorial Security Cooperation Act of 2010: S. 3847, to honoring American soldiers who died in World implement certain defense trade cooperation treaties; War I: H. Res. 1378, to condemn the theft from Pages H7040–43 the Mojave National Preserve of the national Mojave Calling for the protection of religious sites and Cross memorial honoring American soldiers who artifacts from and in Turkish-occupied areas of died in World War I; Page H7007 northern Cyprus as well as for general respect for Celebrating the 75th anniversary of the Hoover religious freedom: H. Res. 1631, to call for the pro- Dam: H. Res. 1636, to celebrate the 75th anniver- tection of religious sites and artifacts from and in sary of the Hoover Dam; Pages H7007–08 Turkish-occupied areas of northern Cyprus as well as Authorizing the Secretary of the Interior to lease for general respect for religious freedom; certain lands in Virgin Islands National Park: Pages H7048–52 Concurred in the Senate amendments to H.R. 714, Expressing the sense of the House of Representa- to authorize the Secretary of the Interior to lease cer- tives on the importance of the full implementation tain lands in Virgin Islands National Park; of the Comprehensive Peace Agreement to help en- Page H7008 sure peace and stability in Sudan: H. Res. 1588, Blinded Veterans Adaptive Housing Improve- amended, to express the sense of the House of Rep- ment Act of 2010: H.R. 5360, amended, to amend resentatives on the importance of the full implemen- title 38, United States Code, to modify the standard tation of the Comprehensive Peace Agreement to of visual acuity required for eligibility for specially help ensure peace and stability in Sudan during and adapted housing assistance provided by the Secretary after mandated referenda; Pages H7052–55 of Veterans Affairs; Pages H7008–13 Honoring the lives of the brave and selfless hu- Agreed to amend the title so as to read: ‘‘To manitarian aid workers, doctors, and nurses who amend title 38, United States Code, to make certain died in the tragic attack of August 5, 2010, in improvements in the laws administered by the Sec- northern Afghanistan: H. Res. 1661, to honor the retary of Veterans Affairs, and for other purposes.’’. lives of the brave and selfless humanitarian aid work- Page H7013 ers, doctors, and nurses who died in the tragic attack Veterans Benefits and Economic Welfare Im- of August 5, 2010, in northern Afghanistan; provement Act of 2010: H.R. 6132, amended, to Pages H7055–57

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H.R. 5458, amended, to amend the Truth in Lend- Res. 1662, to express support for the 33 trapped ing Act and the Higher Education Act of 1965 to Chilean miners following the Copiapo´ mining dis- require additional disclosures and protections for stu- aster and the Government of Chile as it works to dents and cosigners with respect to student loans; rescue the miners and reunite them with their fami- Pages H7077–79 lies; Pages H7057–58 Amending the Small Business Jobs Act of 2010 Expressing support for the goals and ideals of to include certain construction and land develop- the inaugural USA Science & Engineering Fes- ment loans in the definition of small business tival in Washington, D.C.: H. Res. 1660, to ex- lending: H.R. 6191, to amend the Small Business press support for the goals and ideals of the inau- Jobs Act of 2010 to include certain construction and gural USA Science & Engineering Festival in land development loans in the definition of small Washington, D.C.; Pages H7058–59 business lending; Pages H7081–82 Recognizing the 40th anniversary of the Apollo Wounded Warrior and Military Survivor Hous- 13 mission: H. Res. 1421, to recognize the 40th an- ing Assistance Act of 2010: H.R. 6058, to ensure niversary of the Apollo 13 mission and the heroic ac- that the housing assistance programs of the Depart- tions of both the crew and those working at mission ment of Housing and Urban Development and the control in Houston, Texas, for bringing the three as- Department of Veterans Affairs are available to vet- tronauts, Fred Haise, Jim Lovell, and Jack Swigert, erans and members of the Armed Forces who have home to Earth safely; Pages H7059–60 service-connected injuries and to survivors and de- WIPA and PABSS Extension Act of 2010: H.R. pendents of veterans and members of the Armed 6200, to amend part A of title XI of the Social Se- Forces; Pages H7082–83 curity Act to provide for a 1-year extension of the Supporting the goals and ideals of Sickle Cell authorizations for the Work Incentives Planning and Disease Awareness Month: H. Res. 1663, to sup- Assistance program and the Protection and Advocacy port the goals and ideals of Sickle Cell Disease for Beneficiaries of Social Security program; Awareness Month; Pages H7083–84 Pages H7063–64 Supporting the goals and ideals of National Do- Regulated Investment Company Modernization mestic Violence Awareness Month 2010: H. Res. Act: H.R. 4337, amended, to amend the Internal 1637, amended, to support the goals and ideals of Revenue Code of 1986 to modify certain rules appli- National Domestic Violence Awareness Month 2010 cable to regulated investment companies; and to express the sense of the House of Representa- Pages H7064–70 tives that Congress should continue to raise aware- Algae-based Renewable Fuel Promotion Act: ness of domestic violence in the United States and H.R. 4168, amended, to amend the Internal Rev- its devastating effects on families and communities, enue Code of 1986 to expand the definition of cellu- and support programs and practices designed to pre- losic biofuel to include algae-based biofuel for pur- vent and end domestic violence; Pages H7084–87 poses of the cellulosic biofuel producer credit and Expressing support for designation of the week the special allowance for cellulosic biofuel plant beginning on November 8, 2010, as National property; Pages H7070–73 School Psychology Week: H. Res. 1645, to express Redundancy Elimination and Enhanced Per- support for designation of the week beginning on formance for Preparedness Grants Act: Concurred November 8, 2010, as National School Psychology in the Senate amendment to H.R. 3980, to provide Week; Pages H7087–88 for identifying and eliminating redundant reporting Providing for an additional temporary extension requirements and developing meaningful perform- of programs under the Small Business Act and the ance metrics for homeland security preparedness Small Business Investment Act of 1958: S. 3839, grants; Pages H7073–75 to provide for an additional temporary extension of Reducing Over-Classification Act: Concurred in programs under the Small Business Act and the the Senate amendment to H.R. 553, to require the Small Business Investment Act of 1958; Page H7090 Secretary of Homeland Security to develop a strategy Recognizing the contributions of the National to prevent the over-classification of homeland secu- Waterways Conference on the occasion of its 50th rity and other information and to promote the shar- anniversary: H. Res. 1639, to recognize the con- ing of unclassified homeland security and other in- tributions of the National Waterways Conference on formation; Pages H7075–77 the occasion of its 50th anniversary; Pages H7090–92

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST D1024 CONGRESSIONAL RECORD — DAILY DIGEST September 28, 2010 Winston E. Arnow Federal Building Designa- audit of the operations of the fund created by BP to tion Act: H.R. 4387, to designate the Federal build- compensate persons affected by the Gulf oil spill; ing located at 100 North Palafox Street in Pensacola, Pages H7143–44 Florida, as the ‘‘Winston E. Arnow Federal Build- Recognizing the commitment and efforts made ing’’; Pages H7092–93 by the Library of Congress through sponsorship of Ray Daves Air Traffic Control Tower Designa- the National Book Festival: H. Res. 1646, to rec- tion Act: H.R. 5591, amended, to designate the fa- ognize the commitment and efforts made by the Li- cility of the Federal Aviation Administration located brary of Congress to promote the joy of reading at Spokane International Airport in Spokane, Wash- through the sponsorship of the National Book Fes- ington, as the ‘‘Ray Daves Air Traffic Control tival; Pages H7144–45 Tower’’; Pages H7093–94 Smithsonian Conservation Biology Institute En- Agreed to amend the title so as to read: ‘‘To des- hancement Act: H.R. 5717, amended, to authorize ignate the airport traffic control tower located at the Board of Regents of the Smithsonian Institution Spokane International Airport in Spokane, Wash- to plan, design, and construct a facility and to enter ington, as the ‘Ray Daves Airport Traffic Control into agreements relating to education programs at Tower’.’’. Page H7094 the National Zoological Park facility in Front Royal, Corporate Liability and Emergency Accident Virginia; Pages H7157–58 Notification Act: H.R. 6008, amended, to amend Bankruptcy Technical Corrections Act of 2010: title 49, United States Code, to ensure telephonic H.R. 6198, amended, to amend title 11 of the notice of certain incidents; Pages H7094–96 United States Code to make technical corrections; Agreed to amend the title so as to read: ‘‘To en- Pages H7158–61 sure telephonic notice of certain incidents involving Federal Courts Jurisdiction and Venue Clari- hazardous liquid and gas pipeline facilities, and for fication Act: H.R. 4113, amended, to amend title other purposes.’’. Page H7096 28, United States Code, to clarify the jurisdiction of National Transportation Safety Board Reau- the Federal courts; Pages H7161–64 thorization Act of 2010: H.R. 4714, amended, to Organized Retail Theft Investigation and Pros- amend title 49, United States Code, to authorize ap- ecution Act of 2010: H.R. 5932, amended, to estab- propriations for the National Transportation Safety lish the Organized Retail Theft Investigation and Board for fiscal years 2011 through 2014; Prosecution Unit in the Department of Justice; Pages H7096–H7101 Pages H7164–68 State Ethics Law Protection Act: H.R. 3427, Equal Access to 21st Century Communications amended, to amend title 23, United States Code, to Act: S. 3304, to increase the access of persons with protect States that have in effect laws or orders with disabilities to modern communications; respect to pay to play reform; Pages H7101–02 Pages H7168–76 Providing for the concurrence by the House in Making technical corrections in the Twenty- the Senate amendment to H.R. 3619, with amend- First Century Communications and Video Accessi- ments: H. Res. 1665, to provide for the concurrence bility Act of 2010: S. 3828, to make technical cor- by the House in the Senate amendment to H.R. rections in the Twenty-First Century Communica- 3619, with amendments; Pages H7102–42 tions and Video Accessibility Act of 2010 and the Residential and Commuter Toll Fairness Act: amendments made by that Act; Pages H7176–77 H.R. 3960, amended, to provide authority and sanc- Expressing support for designation of September tion for the granting and issuance of programs for 2010 as ‘‘National Prostate Cancer Awareness residential and commuter toll, user fee and fare dis- Month’’: H. Res. 1485, to express support for des- counts by States, municipalities, other localities, as ignation of September 2010 as ‘‘National Prostate well as all related agencies and departments thereof; Cancer Awareness Month’’; Pages H7181–83 Pages H7142–43 Directing the Secretary of Health and Human Agreed to amend the title so as to read: ‘‘To clar- Services to review uptake and utilization of diabe- ify the existing authority of, and as necessary provide tes screening benefits and establish an outreach express authorization for, public authorities to offer program with respect to such benefits: H.R. 6012, discounts in transportation tolls to captive tollpayers, amended, to direct the Secretary of Health and and for other purposes.’’. Page H7143 Human Services to review uptake and utilization of Audit the BP Fund Act of 2010: H.R. 6016, diabetes screening benefits and establish an outreach amended, to provide for a GAO investigation and program with respect to such benefits; Page H7185

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST September 28, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1025 Agreed to amend the title so as to read: ‘‘To di- Securing America’s Veterans Insurance Needs rect the Secretary of Health and Human Services to and Goals Act of 2010: H.R. 5993, amended, to review utilization of diabetes screening benefits and amend title 38, United States Code, to ensure that make recommendations on outreach programs with beneficiaries of Servicemembers’ Group Life Insur- respect to such benefits, and for other purposes.’’. ance receive financial counseling and disclosure infor- Page H7185 mation regarding life insurance payments; National MS and Parkinson’s Disease Registries Pages H7020–27 Act: H.R. 1362, amended, to amend the Public All-American Flag Act: H.R. 2853, amended, to Health Service Act to provide for the establishment require the purchase of domestically made flags of of permanent national surveillance systems for mul- the United States of America for use by the Federal tiple sclerosis, Parkinson’s disease, and other neuro- Government; Pages H7027–29 logical diseases and disorders; Pages H7185–86 Emil Bolas Post Office Designation Act: H.R. Commending EyeCare America for its work over 4602, to designate the facility of the United States the last 25 years: H. Res. 1226, amended, to com- Postal Service located at 1332 Sharon Copley Road mend EyeCare America for its work over the last 25 in Sharon Center, Ohio, as the ‘‘Emil Bolas Post Of- years; Page H7189 fice’’; Pags H7029 Neglected Infections of Impoverished Americans James M. ‘‘Jimmy’’ Stewart Post Office Build- Act of 2010: H.R. 5986, to require the submission ing Designation Act: H.R. 5606, to designate the of a report to the Congress on parasitic disease facility of the United States Postal Service located at among poor Americans; Pages H7191–92 47 South 7th Street in Indiana, Pennsylvania, as the Eliminating Disparities in Diabetes Prevention ‘‘James M. ‘Jimmmy’ Stewart Post Office Building’’; Access and Care Act: H.R. 1995, amended, to Pages H7029–30 amend the Public Health Service Act to prevent and George C. Marshall Post Office Designation Act: treat diabetes, to promote and improve the care of H.R. 5605, to designate the facility of the United individuals with diabetes, and to reduce health dis- States Postal Service located at 47 East Fayette Street parities, relating to diabetes, within racial and ethnic in Uniontown, Pennsylvania, as the ‘‘George C. Mar- minority groups, including the African-American, shall Post Office’’; Pages H7030–31 Hispanic American, Asian American, Native Hawai- M.R. ‘‘Bucky’’ Walters Post Office: H.R. 6014, ian and Other Pacific Islander, and American Indian to designate the facility of the United States Postal and Alaskan Native communities; and Pages H7192–93 Service located at 212 Main Street in Hartman, Ar- Agreed to amend the title so as to read: ‘‘To di- kansas, as the ‘‘M.R. ‘Bucky’ Walters Post Office’’; rect the Secretary of Health and Human Services to Page H7032 prepare a report on the research and other public health activities of the Department of Health and Supporting the goals and ideals of United States Human Services with respect to diabetes among mi- Military History Month: H. Res. 1442, to support nority populations.’’. Page H7193 the goals and ideals of United States Military His- tory Month; Pages H7032–34 Dental Emergency Responder Act: H.R. 903, amended, to amend the Public Health Service Act to Congratulating the Washington Stealth for win- enhance the roles of dentists and allied dental per- ning the National Lacrosse League Championship: sonnel in the Nation’s disaster response framework. H. Res. 1546, amended, to congratulate the Wash- Pages H7197–99 ington Stealth for winning the National Lacrosse League Championship; Page H7034 Suspensions—Proceedings Postponed: The House debated the following measures under suspension of Supporting the United States Paralympics: H. the rules. Further proceedings were postponed: Res. 1479, to support the United States Paralympics and to honor the Paralympic athletes; Pages H7034–35 Requiring the Secretary of Veterans Affairs to include on the main page of the Internet website Dorothy I. Height Post Office Building Designa- of the Department of Veterans Affairs a hyperlink tion Act: H.R. 6118, amended, to designate the fa- to the VetSuccess Internet website: H.R. 3685, to cility of the United States Postal Service located at require the Secretary of Veterans Affairs to include 2 Massachusetts Avenue, N.E., in Washington, D.C., on the main page of the Internet website of the De- as the ‘‘Dorothy I. Height Post Office Building’’; partment of Veterans Affairs a hyperlink to the Page H7036 VetSuccess Internet website and to publicize such Supporting the goals and purpose of Gold Star Internet website; Pages H7017–19 Mothers Day: H. Res. 1617, to support the goals

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Res. 1603, to express support for designation of Health Service Act to provide for the establishment September 2010 as National Craniofacial Acceptance of pediatric research consortia; Pages H7177–78 Month; Pages H7037–38 Veterinary Public Health Workforce and Edu- Amending section 5542 of title 5, United States cation Act: H.R. 2999, amended, to amend the Pub- Code, to provide that any hours worked by Federal lic Health Service Act to enhance and increase the firefighters under a qualified trade-of-time ar- rangement shall be excluded for purposes of deter- number of veterinarians trained in veterinary public minations relating to overtime pay: H.R. 3243, to health; Page H7178 amend section 5542 of title 5, United States Code, Gestational Diabetes Act: H.R. 5354, amended, to provide that any hours worked by Federal fire- to establish an Advisory Committee on Gestational fighters under a qualified trade-of-time arrangement Diabetes and to provide grants to better understand shall be excluded for purposes of determinations re- and reduce gestational diabetes; Pages H7178–80 lating to overtime pay; Pages H7038–39 Methamphetamine Education, Treatment, and Pre-Election Presidential Transition Act of Hope Act: H.R. 2818, amended, to amend the Pub- 2010: S. 3196, to amend the Presidential Transition lic Health Service Act to provide for the establish- Act of 1963 to provide that certain transition serv- ment of a drug-free workplace information clearing- ices shall be available to eligible candidates before house, to support residential methamphetamine the general election; Pages H7039–40 treatment programs for pregnant and parenting Calling on the Government of Japan to imme- women, and to improve the prevention and treat- diately address the growing problem of abduction ment of methamphetamine addiction; Pages H7180–81 to and retention of United States citizen minor Concussion Treatment and Care Tools Act: H.R. children in Japan: H. Res. 1326, to call on the 1347, amended, to amend title III of the Public Government of Japan to immediately address the growing problem of abduction to and retention of Health Service Act to provide for the establishment United States citizen minor children in Japan, to and implementation of concussion management work closely with the Government of the United guidelines with respect to school-aged children; States to return these children to their custodial par- Pages H7183–85 ent or to the original jurisdiction for a custody de- Stem Cell Therapeutic and Research Reauthor- termination in the United States, to provide left-be- ization Act of 2010: S. 3751, to amend the Stem hind parents immediate access to their children, and Cell Therapeutic and Research Act of 2005; to adopt without delay the 1980 Hague Convention Pages H7186–89 on the Civil Aspects of International Child Abduc- HEART for Women Act: H.R. 1032, amended, tion; Pages H7043–48 to amend the Federal Food, Drug, and Cosmetic Act Rare Earths and Critical Materials Revitaliza- and the Public Health Service Act to improve the tion Act of 2010: H.R. 6160, amended, to develop prevention, diagnosis, and treatment of heart disease, a rare earth materials program and to amend the Na- stroke, and other cardiovascular diseases in women; tional Materials and Minerals Policy, Research and Pages H7189–90 Development Act of 1980; Pages H7060–63 Scleroderma Research and Awareness Act: H.R. Medical Debt Relief Act: H.R. 3421, amended, 2408, amended, to expand the research and aware- to exclude from consumer credit reports medical ness activities of the National Institute of Arthritis debt that has been in collection and has been fully and Musculoskeletal and Skin Diseases and the Cen- paid or settled; Pages H7079–81 ters for Disease Control and Prevention with respect AMERICA Works Act: H.R. 4072, amended, to to scleroderma; Pages H7190–91 require that certain Federal job training and career education programs give priority to programs that Bone Marrow Failure Disease Research and provide a national industry-recognized and portable Treatment Act: H.R. 1230, amended, to amend the credential; Pages H7088–90

VerDate Mar 15 2010 03:14 Sep 30, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0627 Sfmt 0627 E:\CR\FM\D28SE0.PT2 D28SEPT2 smartinez on DSKB9S0YB1PROD with DIGEST September 28, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D1027 Public Health Service Act to provide for the estab- lishment of a National Acquired Bone Marrow Fail- Joint Meetings ure Disease Registry, to authorize research on ac- GENDER PAY GAP quired bone marrow failure diseases; Pages H7193–94 Joint Economic Committee: Committee concluded a Reauthorizing and enhancing Johanna’s Law: hearing to examine new evidence on the gender pay H.R. 2941, amended, to reauthorize and enhance gap for women and mothers in management, after Johanna’s Law to increase public awareness and receiving testimony from Andrew Sherrill, Director, knowledge with respect to gynecologic cancers; Education, Workforce, and Income, Security Issues, Pages H7194–95 Government Accountability Office; Ilene H. Lang, Birth Defects Prevention, Risk Reduction, and Catalyst, Inc., New York, New York; Michelle Awareness Act of 2010: H.R. 5462, amended, to Budig, University of Massachusetts Social and De- authorize the Secretary of Health and Human Serv- mographic Research Institute, Amherst; and Diana ices, acting through the Director of the Centers for Furchtgott-Roth, Hudson Institute, Washington, Disease Control and Prevention, to establish and im- D.C. plement a birth defects prevention, risk reduction, f and public awareness program; and Pages H7195–96 NEW PUBLIC LAWS Arthritis Prevention, Control, and Cure Act: (For last listing of Public Laws, see DAILY DIGEST, p. D937) H.R. 1210, amended, to amend the Public Health Service Act to provide for arthritis research and pub- H.R. 6102, to amend the National Defense Au- thorization Act for Fiscal Year 2010 to extend the lic health. Pages H7196–97 authority of the Secretary of the Navy to enter into Senate Messages: Messages received from the Senate multiyear contracts for F/A–18E, F/A–18F, and today and messages received from the Senate by the EA–18G aircraft. Signed on September 27, 2010. Clerk and subsequently presented to the House (Public Law 111–238) today appear on pages H7000–01, H7032, H7181. S. 3656, to amend the Agricultural Marketing Senate Referrals: S. 3839 was referred to the Com- Act of 1946 to improve the reporting on sales of mittee on Small Business; S. 1338 was referred to livestock and dairy products. Signed on September the Committee on the Judiciary; S. 3802 was re- 27, 2010. (Public Law 111–239) ferred to the Committee on Natural Resources; S. f 3243 was referred to the Committee on Homeland Security; and S. 3196, S. 3751, S. 3789, and S. 3847 COMMITTEE MEETINGS FOR WEDNESDAY, were held at the desk. SEPTEMBER 29, 2010 Pages H7000–01, H7032, H7181, H7204 (Committee meetings are open unless otherwise indicated) Quorum Calls—Votes: There were no Yea and Nay votes, and there were no Recorded votes. There were Senate no quorum calls. Committee on Appropriations: Subcommittee on Labor, Adjournment: The House met at 10:30 a.m. and Health and Human Services, Education, and Related adjourned at 11:52 p.m. Agencies, to hold hearings to examine defending against public health threats, 2:30 p.m., SD–124. Committee on Banking, Housing, and Urban Affairs: Sub- Committee Meetings committee on Security and International Trade and Fi- nance, to hold hearings to examine a comparison of inter- TERRORISM FINANCING TRENDS national housing finance systems, 2:30 p.m., SD–538. Committee on Financial Services: Subcommittee on Committee on Energy and Natural Resources: Subcommittee Oversight and Investigations held a hearing entitled on Energy, to hold an oversight hearing to examine the ‘‘A Review of Current and Evolving Trends in Ter- Propane Education and Research Council (PERC) and Na- rorism Financing.’’ Testimony was heard from public tional Oilheat Research Alliance (NORA), 10 a.m., witnesses. SD–366. Subcommittee on Public Lands and Forests, with the REINING IN OVERCRIMINALIZATION Subcommittee on National Parks, to hold joint hearings to examine S. 3261, to establish the Buffalo Bayou Na- Committee on the Judiciary: Subcommittee on Crime, tional Heritage Area in the State of Texas, S. 3283, to Terrorism and Homeland Security held a hearing on designate Mt. Andrea Lawrence, S. 3291, to establish Reining in Overcriminalization: Assessing the Prob- Coltsville National Historical Park in the State of Con- lems, Proposing Solutions. Testimony was heard necticut, S. 3524 and H.R. 4438, to authorize the Sec- from public witnesses. retary of the Interior to expand the boundary of the Park,

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to conduct a study of potential land acquisitions, S. 3565, Steinberg, of California, to be Deputy Administrator, to provide for the conveyance of certain Bureau of Land both of the United States Agency for International Devel- Management land in Mohave County, Arizona, to the Ar- opment, 2:15 p.m., S–116, Capitol. izona Game and Fish Commission, for use as a public Committee on Health, Education, Labor, and Pensions: Busi- shooting range, S. 3612, to amend the Marsh-Billings- ness meeting to consider S. 3817, to amend the Child Rockefeller National Historical Park Establishment Act Abuse Prevention and Treatment Act, the Family Vio- to expand the boundary of the Marsh-Billings-Rockefeller lence Prevention and Services Act, the Child Abuse Pre- National Historical Park in the State of Vermont, S. vention and Treatment and Adoption Reform Act of 3616, to withdraw certain land in the State of New Mex- 1978, and the Abandoned Infants Assistance Act of 1988 ico, S. 3744, to establish Pinnacles National Park in the to reauthorize the Acts, and S. 3199, to amend the Pub- State of California as a unit of the National Park System, lic Health Service Act regarding early detection, diag- S. 3778 and H.R. 4773, to authorize the Secretary of the nosis, and treatment of hearing loss, and any pending Interior to lease certain lands within Fort Pulaski Na- nominations, 10 a.m., SD–430. tional Monument, S. 3820, to authorize the Secretary of Committee on Homeland Security and Governmental Affairs: the Interior to issue permits for a microhydro project in Business meeting to consider S. 3806, to protect Federal nonwilderness areas within the boundaries of Denali Na- employees and visitors, improve the security of Federal fa- tional Park and Preserve, to acquire land for Denali Na- cilities and authorize and modernize the Federal Protec- tional Park and Preserve from Doyon Tourism, Inc, S. tive Service, H.R. 2142, to require quarterly performance 3822, to adjust the boundary of the Carson National For- assessments of Government programs for purposes of as- est, New Mexico, and H.R. 1858, to provide for a sessing agency performance and improvement, and to es- boundary adjustment and land conveyances involving tablish agency performance improvement officers and the Roosevelt National Forest, Colorado, to correct the effects Performance Improvement Council, S. 3794, to amend of an erroneous land survey that resulted in approximately chapter 5 of title 40, United States Code, to include or- 7 acres of the Crystal Lakes Subdivision, Ninth Filing, ganizations whose membership comprises substantially encroaching on National Forest System land, 2:30 p.m., veterans as recipient organizations for the donation of SD–366. Federal surplus personal property through State agencies, Committee on Foreign Relations: To hold hearings to ex- H.R. 4543, to designate the facility of the United States amine the al-Megrahi release, focusing on one year later, Postal Service located at 4285 Payne Avenue in San Jose, 10 a.m., SD–419. California, as the ‘‘Anthony J. Cortese Post Office Build- Full Committee, business meeting to consider S. 2982, ing’’, H.R. 5341, to designate the facility of the United to combat international violence against women and girls, States Postal Service located at 100 Orndorf Drive in S. 3688, to establish an international professional ex- Brighton, Michigan, as the ‘‘Joyce Rogers Post Office change program, S. 1633, to require the Secretary of Building’’, H.R. 5390, to designate the facility of the Homeland Security, in consultation with the Secretary of United States Postal Service located at 13301 Smith Road State, to establish a program to issue Asia-Pacific Eco- in Cleveland, Ohio, as the ‘‘David John Donafee Post Of- nomic Cooperation Business Travel Cards, S.J. Res. 37, fice Building’’, H.R. 5450, to designate the facility of the calling upon the President to issue a proclamation recog- United States Postal Service located at 3894 Crenshaw nizing the 35th anniversary of the Helsinki Final Act, Boulevard in Los Angeles, California, as the ‘‘Tom Brad- Treaty between the Government of the United States of ley Post Office Building’’, and the nomination of Maria America and the Government of the Republic of Rwanda Elizabeth Raffinan, to be an Associate Judge of the Supe- Concerning the Encouragement and Reciprocal Protection rior Court of the District of Columbia, 10 a.m., SD–342. of Investment, signed at Kigali on February 19, 2008 Subcommittee on Federal Financial Management, Gov- (Treaty Doc. 110–23), and the nominations of Cameron ernment Information, Federal Services, and International Munter, of California, to be Ambassador Extraordinary to Security, to hold hearings to examine improving financial the Islamic Republic of Pakistan, Mark M. Boulware, of accountability at the Department of Defense, 2:30 p.m., Texas, to be Ambassador to the Republic of Chad, Kristie SD–342. Anne Kenney, of Virginia, to be Ambassador to the Committee on the Judiciary: Subcommittee on Crime and Kingdom of Thailand, Christopher J. McMullen, of Vir- Drugs, to hold hearings to examine crimes against Amer- ginia, to be Ambassador to the Republic of Angola, Rob- ica’s homeless, focusing on if the violence is growing, 10 ert P. Mikulak, of Virginia, for the rank of Ambassador a.m., SD–226. during his tenure of service as United States Representa- Full Committee, to hold hearings to examine the tive to the Organization for the Prohibition of Chemical nominations of James E. Graves, Jr., of Mississippi, to be Weapons, Wanda L. Nesbitt, of Pennsylvania, to be Am- United States Circuit Judge for the Fifth Circuit, Paul bassador to the Republic of Namibia, Jo Ellen Powell, of Kinloch Holmes III, to be United States District Judge Maryland, to be Ambassador to the Islamic Republic of for the Western District of Arkansas, Anthony J. Mauritania, Karen Brevard Stewart, of Florida, to be Am- Battaglia, to be United States District Judge for the bassador to the Lao People’s Democratic Republic, and Southern District of California, Edward J. Davila, to be Pamela Ann White, of Maine, to be Ambassador to the United States District Judge for the Northern District of Republic of The Gambia, all of the Department of State, California, and Diana Saldana, to be United States Dis- and Nancy E. Lindborg, of the District of Columbia, to trict Judge for the Southern District of Texas, 2 p.m., be an Assistant Administrator, and Donald Kenneth SD–226.

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Committee on Rules and Administration: To resume hear- mental Report on the Beneficiary of H.R. 5401, For the ings to examine the filibuster, focusing on ideas to reduce relief of Allan Bolor Kelley, 3:30 p.m.,, 2322 Rayburn. delay and encourage debate in the Senate, 10 a.m., Committee on Oversight and Government Reform, Sub- SR–301. committee on Domestic Policy, hearing entitled, ‘‘From Molecules to Minds: The Future of Neuroscience Research House and Development,’’ 2 p.m., 2203 Rayburn. Committee on Armed Services, hearing on the Department Committee on Rules, to consider the following measures: of Defense’s efficiency initiative, 10 a.m., 2118 Rayburn. H.R. 847, James Zadroga 9/11 Health and Compensation Subcommittee on Oversight and Investigations, hearing Act of 2010; Senate Amendment to H.R. 2701, Intel- on Fighting Superbugs: DOD’s Response to Multidrug- ligence Authorization Act for Fiscal Year 2010; and H.R. Resistant Infections in Military Treatment Facilities, 1:30 2378. Currency Reform for Fair Trade Act, 8:30 a.m., p.m., 2118 Rayburn. H–313 Capitol. Subcommittee on Terrorism, Unconventional Threats Committee on Science and Technology, hearing on Averting and Capabilities, hearing on small business’ role and op- the Storm: How Investments in Science Will Secure the portunities in restoring affordability to the Department of Competitiveness and Economic Future of the U.S., 10:15 Defense, 2 p.m., 2212 Rayburn. a.m., 2318 Rayburn. Committee on Financial Services, hearing entitled ‘‘The Committee on Transportation and Infrastructure, hearing on Future of Housing Finance—A Review of Proposals to Recovery Act Transportation and Infrastructure Projects: Address Market Structure and Transition,’’ 10 a.m., 2128 Impacts on Local Communities and Business, 10 a.m., Rayburn. 2167 Rayburn. Subcommittee on Housing and Community Oppor- Subcommittee on Coast Guard and Maritime Transpor- tunity, hearing entitled ‘‘The Inclusive Home Design tation, hearing Continuing Examination of U.S. flagged Act,’’ 4 p.m., 2128 Rayburn. Vessels in U.S. Foreign Trade, 2 p.m., 2167 Rayburn. Subcommittee on Oversight and Investigations and the Committee on Veterans’ Affairs, Subcommittee on Eco- Subcommittee on International Monetary Policy and nomic Opportunity, hearing on Federal Contractor Com- Trade, joint hearing entitled ‘‘Ex-Im Bank Oversight: pliance, 1 p.m., 334 Cannon. The Role of Trade Finance in Doubling Exports over Five Subcommittee on Health, hearing on the following Years,’’ 4 p.m., 2220 Rayburn. bills: H.R. 3843, Transparency for America’s Heroes Act; Committee on Foreign Affairs, hearing on PEPFAR: From H.R. 4041, To authorize certain improvements in the Emergency to Sustainability and Advances Against HIV/ Federal Recovery Coordinator Programs; H.R. 5428, To AIDS, 9:30 a.m., 2172 Rayburn. direct the Secretary of Veterans Affairs to educate certain Subcommittee on Asia, the Pacific, and the Global En- staff of the Department of Veterans Affairs and to inform vironment, hearing on Renewed Engagement: U.S. Policy veterans about the Injured and Amputee Veterans Bill of Toward Pacific Island Nations, 2 p.m., 2172 Rayburn. Rights; H.R. 5543, To amend title 38, United States Subcommittee on Terrorism, Nonproliferation and Code, to repeal the prohibition on collective bargaining Trade, hearing on U.S. Strategy for Countering Jihadist with respect to matters and questions regarding com- Websites, 1:30 p.m., 2175 Rayburn. pensation of employees of the Department of Veterans Af- Committee on Homeland Security, Subcommittee on Emer- fairs other than rates of basic pay; H.R. 5516, Access to gency Communications, Preparedness and Response, hear- Appropriate Immunizations for Veterans Act of 2010; ing entitled ‘‘Emergency Logistics Management: Trans- forming the Delivery of Disaster Relief for the 21st Cen- H.R. 5641, Heroes at Home Act; H.R. 5996, To direct tury,’’ 10 a.m., 311 Cannon. the Secretary of Veterans Affairs to improve the preven- Subcommittee on Intelligence, Information Sharing and tion, diagnosis, and treatment of veterans with chronic Terrorist Risk Assessment, hearing entitled ‘‘Is the Office obstructive pulmonary disease; H.R. 6123, Veterans’ of Intelligence and Analysis Adequately Connected to the Traumatic Brain Injury Rehabilitative Services’ Improve- Broader Homeland Communities?’’ 3:30 p.m., 311 Can- ments Act of 2010; H.R. 6127, Extension of Health Care non. Eligibility for Veterans Who Served at Qarmat Ali; and Committee on the Judiciary, hearing on H.R. 5034, Com- Draft Legislation, 10 a.m., 334 Cannon. prehensive Alcohol Regulatory Effectiveness (CARE) Act Permanent Select Committee on Intelligence, executive brief- of 2010, 11 a.m., 2141 Rayburn. ing on Supply Chain Threats, 10 a.m., and executive, Subcommittee on Courts and Competition Policy, hear- briefing on Threat Assessments Update. 11:30 a.m., ing on Courtroom Use: Access to Justice, Effective Judi- 304–HVC. cial Administration, and Courtroom Security, 3 p.m., 2141 Rayburn. Joint Meetings Subcommittee on Crime, Terrorism, and Homeland Se- Commission on Security and Cooperation in Europe: To hold curity, hearing on Reauthorization of the Second Chance hearings to examine charges against Mikhail Act, 4 p.m., 2237 Rayburn. Khodorkovsky’s Yukos Oil Company, 2 p.m., 1539, Subcommittee on Immigration, Citizenship, Refugees, Longworth Building. Border Security, and International Law, meeting to re- quest the Department of Homeland Security’s Depart-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, September 29 10 a.m., Wednesday, September 29

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 847— morning business (not to extend beyond 10 a.m.), Senate James Zadroga 9/11 Health and Compensation Act (Sub- will begin consideration of the motion to proceed to con- ject to a Rule); H.R. 2378—Currency Reform for Fair sideration of S.J. Res. 39, a joint resolution providing for Trade Act (Subject to a Rule); and Senate Amendment to congressional disapproval under chapter 8 of title 5, H.R. 2701—Intelligance Authorization Act for Fiscal United States Code, of the rule relating to status as a Year 2010 (Subject to a Rule). grandfathered health plan under the Patient Protection and Affordable Care Act, and after a period of debate, vote on the motion to proceed to consideration of S.J. Res. 39, at approximately 12 noon; following which, if the motion to proceed is agreed to, after a period of de- bate, Senate will vote on passage of the joint resolution. Upon disposition of the joint resolution, Senate will con- tinue consideration of the motion to proceed to consider- ation of H.R. 3081, the legislative vehicle for the Con- tinuing Resolution. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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